PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
type: channel
description: Panjab University MAGLAW is an annual publication for the students of the Department of Laws, Panjab University, Chandigarh since 2019. It is a peer reviewed Law journal. As the world evolves, so do the legal difficulties and challenges that we face. Aim of this journal is to provide a forum for legal experts and researchers to contribute their ideas and perspectives on current legal trends. It offers unique and nuanced perspectives on everything from criminal justice reform and intellectual property law, to environmental regulations and corporate governance. We want to encourage critical thinking, spark debate and conversation, and increase legal knowledge and understanding. MAGLAW is duly assessed and reviewed by a panel of experienced faculty members and is exclusively devoted to the publication of original research papers/articles/reviews/Case Comments of a very high standard. The editorial board ensures that the publication adheres to the quality standards and remains pertinent as circumstances change to maintain relevancy. MAGLAW journal is the perfect resource for exploring the fascinating and dynamic world of law. So join us on this journey, as we explore the intersections of law, society, and justice.
language: en
publication name: PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
issn: 2582-3507
items: THE IMPACT OF SOCIAL MEDIA MISINFORMATION ON ELECTORAL OUTCOMES: CHALLENGES AND REGULATORY RESPONSES
items: DEMOCRACY DEMANDS DAYLIGHT: A CASE FOR BRINGING INDIAN POLITICAL PARTIES UNDER RIGHT TO INFORMATION ACT, 2005
items: ARTIFICIAL INTELLIGENCE, DEEPFAKES, AND ELECTORALINTEGRITY IN INDIA: LEGAL AND INTELLECTUAL PROPERTYCHALLENGES
items: FROM BALLOTS TO BULLETS: UNDERSTANDING THE CRIMINAL – POLITICAL NEXUS IN INDIAN ELECTIONS
items: ELECTORAL INSTITUTIONS IN INDIA: CONSTITUTIONAL VISION AND REFORMS
items: ELECTIONS IN INDIA: INSTITUTIONS, CHALLENGES, AND PATHWAYS TO REFORM
items: SPECTRUM OF MODERN ELECTIONEERING: CAMPAIGN BUDGETS AND SPENDING PATTERNS IMPACTING INDIAN DEMOCRACY
items: SOCIAL MEDIA, DIGITAL CAMPAIGNING, AND THE FUTURE OF ELECTION LAW IN INDIA- TOWARDS DECLINE OR RENEWAL
items: JUDICIAL SCRUTINY OF POLITICAL FINANCE: EVALUATING THE SUPREME COURT’S REASONING IN-ASSOSICATION FOR DEMOCRATIC REFORMS v. UNION OF INDIA
items: GENDER AND ELECTORAL REPRESENTATION IN INDIA: A STUDY ON MOVING BEYOND TOKENISM
items: STRENGTHENING THE ELECTORAL SYSTEM IN INDIA: INSTITUTIONAL CHALLENGES AND REFORM PATHWAYS
items: CRITIQUING INTERNAL UNDEMOCRACY: ANALYZING PHANTOM POWER’S IMPACT ON INDIAN POLITICAL PARTIES
items: JUDICIAL GUARDIANSHIP OF ELECTORAL DEMOCRACY: CONSTITUTIONAL PRINCIPLES AND EVOLVING JURISPRUDENCE IN INDIA
items: ASSOCIATION OF DEMOCRATIC REFORMS & ANR. V. UNION OF INDIA & ORS. (2024) – A CASE NOTE
items: REINTERPRETING ELECTORAL SILENCE: SECTION 126 OF THE REPRESENTATION OF THE PEOPLE ACT AND CONSTITUTIONAL PROPORTIONALITY
items: CHARTING THE TERRAIN OF POLITICAL FUNDING IN INDIATHROUGH GLOBAL EXPERIENCES
items: ELECTORAL INTEGRITY IN INDIA: CONSTITUTIONAL VISION, CONTEMPORARY CHALLENGES AND PATHWAYS TO REFORM
items: ONE NATION ONE ELECTION - A DEEP ANALYSIS
items: ONE NATION ONE ELECTION: WEAKENING FEDERALISM AND UNDERMINING DEMOCRATIC ACCOUNTABILITY
items: CONSTITUTIONAL AND STATUTORY FRAMEWORKS OFELECTORAL MANAGEMENT: A COMPARATIVE STUDY OFELECTION COMMISSIONS IN INDIA, THE UNITED KINGDOM, ANDTHE UNITED STATES
items: COMPARATIVE ATTITUDES TO ELECTORAL INSTITUTIONS:PROBLEMS AND REFORM OPPORTUNITIES IN INDIA AND BEYOND
items: ONE NATION, ONE ELECTION: AN ANALYSIS THROUGH THE LENS OF COOPERATIVE FEDERALISM
items: ARTIFICIAL INTELLIGENCE IN CRIMINAL JUSTICE ADMINISTRATION: THE USE OF MACHINE LEARNING FOR PREDICTIVE JUDICIAL ANALYSIS OF LEGAL DISPUTES
items: AI-DRIVEN FACIAL RECOGNITION: HUMAN RIGHTS CONCERNS AND REGULATORY CHALLENGES
items: BETWEEN CODE AND CULPABILITY: DECIPHERING THE POSSIBILITY OF AI MENS REA FOR CRIMINAL LIABILITY THROUGH JURISTIC PERSONHOOD FOR AI
items: AI IN EMBRYO SELECTION IN INDIA: BALANCING PRIVACY AND PRODUCTIVITY
items: THE DUAL-EDGED SWORD: AI'S INFLUENCE ON CONSUMER BEHAVIOR AND CYBERCRIME IN DIGITAL INDIA
items: THE NEW FRONTIER OF DATA PROTECTION: UNDERSTANDING INDIA’S DPDP RULES AND GLOBAL COMPLIANCE
items: The Basic Structure Doctrine: A Comprehensive Case Law Analysis
items: THE SCOPE AND CONTENT OF THE POWER CONFERRED ON THE GOVERNOR OF THE STATE UNDER ARTICLE 161 OF THE CONSTITUTION

THE IMPACT OF SOCIAL MEDIA MISINFORMATION ON ELECTORAL OUTCOMES: CHALLENGES AND REGULATORY RESPONSES
type: item
description: Modern-day social media have changed the face of political communication by speeding the flow of information and at the same time accelerating the processes of misinformation and disinformation. These platforms have become a linchpin for public opinion formation, political agenda shaping, and possible influence on electoral outcomes-and thus a serious risk to democratic integrity. The research looks into the mechanisms of how misinformation travels-echo chambers, virality, and targeted political messages. It investigates these comparative case studies of India-the United Kingdom and the United States-to assess the effects of misinformation on voter turnout, trust in electoral institutions, and overall voting behaviour. It examines policy and regulatory responses, which include the European Union's Digital Services Act, Germany's Network Enforcement Act, and self-regulatory efforts by major social media companies. Accordingly, reform of the law in conjunction with technological measures and voter education would be a holistic approach to dealing effectively with misinformation. There is need for pro-active urgent action in order to protect electoral integrity in this digital age and, consequently, improve civic engagement.
subject: Articles
  topic: section
creator: Rohit Tamang
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 14
ending page: 30

DEMOCRACY DEMANDS DAYLIGHT: A CASE FOR BRINGING INDIAN POLITICAL PARTIES UNDER RIGHT TO INFORMATION ACT, 2005
type: item
description: Can a democracy be truly free if its guardians operate in the dark? Political parties are not mere participants in democracy—they are its architects and custodians. Yet, they evade the core constitutional value that sustains the Republic: the right to know. For a polity that proudly refers to itself as the largest democracy in the world, it is ironic that the institutions that engage in elections, constitute governments, and wield power over the legislature themselves fall outside the scope of democratic scrutiny. The question that therefore arises, fundamental and pressing in its implications, is whether a democracy can truly be described as participatory if its most influential political institutions are not accountable to the public that they purportedly represent. The Right to Information Act, 2005 was passed to instil a culture of transparency and to enable citizens to hold public authorities accountable. It is based on the consideration that access to information is not merely an administrative tool but a constitutional right under Article 19(1)(a) of the Constitution, which guarantees citizens the freedom of speech and expression. But even after two decades since its enactment, political parties still resist being brought within its ambit on a plethora of legal and logistical grounds.
subject: Articles
  topic: section
subject: Transparency
  topic: keywords
subject: Accountability
  topic: keywords
subject: Political Parties
  topic: keywords
subject: Elections
  topic: keywords
subject: Information
  topic: keywords
creator: Arjit Bansal
creator: Priysha Malviya
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 288
ending page: 300

ARTIFICIAL INTELLIGENCE, DEEPFAKES, AND ELECTORALINTEGRITY IN INDIA: LEGAL AND INTELLECTUAL PROPERTYCHALLENGES
type: item
description: The advent of artificial intelligence (AI) has transformed multiple facets of society, including political communication and electoral processes. In India, where digital campaigning increasingly dominates elections, AI-generated content such as deepfakes, manipulated images, and voice cloning poses significant challenges to free and fair elections. These technological innovations can undermine voter trust, distort public opinion, and blur the line between authentic political discourse and fabricated propaganda. Furthermore, AI-driven campaign content frequently intersects with intellectual property rights (IPR), as it may involve unauthorized use of copyrighted material, trademarks, and the likenesses of public figures. This paper examines the legal frameworks governing elections, digital communication, and intellectual property in India, identifying gaps in current regulations. By employing a doctrinal research methodology supplemented with comparative insights from the US, EU, and UK, this study analyzes the implications of AI misuse for electoral integrity. The findings suggest that while existing Indian laws provide partial remedies, specific regulatory measures addressing AI’s role in electoral campaigns are urgently needed. This study adopts a doctrinal research methodology, supported by comparative analysis of regulatory approaches in the United States, European Union, and United Kingdom, to examine the adequacy of India’s existing legal framework on elections, digital communication, and IPR. The analysis finds that current Indian laws offer only partial safeguards, leaving critical gaps in addressing AI-enabled manipulation during electoral campaigns. The research further indicates that India lacks targeted rules for transparency, provenance, accountability, and misuse of AI-generated political content. The paper proposes a multi-pronged reform approach that balances technological innovation with the protection of democratic ideals, ensuring transparency, ac…
subject: Articles
  topic: section
subject: Artificial Intelligence
  topic: keywords
subject: Intellectual Property
  topic: keywords
subject: Deepfakes
  topic: keywords
subject: Electoral Integrity
  topic: keywords
subject: India
  topic: keywords
creator: Riya Chugh
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 69
ending page: 83

FROM BALLOTS TO BULLETS: UNDERSTANDING THE CRIMINAL – POLITICAL NEXUS IN INDIAN ELECTIONS
type: item
description: The growing consolidation of Criminals within Indian political system poses serious challenges to the legitimacy of democracy and the quality of governance. Despite constitutional safeguards and a well- established electoral framework, a large number of legislators at both state and central levels continue to face serious criminal charges, including corruption, rape, murder and kidnapping etc. This paper explores the origins, causes, consequences of the criminalization of politics in India. Relying on Secondary Data, from the Association for Democratic Reforms (ADR), the Election Commission of Indian (ECI), and some relevant judicial precedents, it employs qualitative analysis to understand why candidates with criminal backgrounds succeed in the politics. The findings reveal that weak judicial mechanisms, intuitional loopholes, identity-based voting, and the dominance of money and muscle power sustain this trade. Such practices undermine the rule of law, distort governance priorities, and weaken public trust in the democratic institutions. Although mandatory disclosures and judicial interventions have increased electoral transparency, they remain insufficient to address the root causes. This paper argues for comprehensive reforms including stronger disqualification laws, greater of political party accountability, and increased voter awareness to safeguard India’s democracy.
subject: Articles
  topic: section
creator: Arpita Dhenki
creator: Pratap Kumar Biswas
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 165
ending page: 180

ELECTORAL INSTITUTIONS IN INDIA: CONSTITUTIONAL VISION AND REFORMS
type: item
description: This paper examines the constitutional vision underlying India’s electoral democracy and evaluates the functioning of key electoral institutions in light of contemporary challenges. Part XV of the Constitution enshrines free and fair elections as the foundation of representative democracy, with the Election Commission of India playing a pivotal role in safeguarding electoral integrity. However, issues such as the criminalization of politics, opacity in campaign finance, weak internal party democracy, and the misuse of digital platforms continue to undermine electoral fairness. By analysing the constitutional framework, judicial interpretations, and institutional practices, this paper highlights the gaps that persist between constitutional ideals and electoral realities. It further explores reform proposals, including fast-track adjudication of criminal cases against legislators, transparent mechanisms for political funding, strengthened intra-party democracy, regulatory checks on electoral misinformation, and periodic revision of electoral rolls. The study argues that sustained legal, institutional, and civic interventions are essential to restore public trust and realize the constitutional promise of free, fair, and transparent elections in India.
subject: Articles
  topic: section
subject: Electoral Institutions
  topic: keywords
subject: Election Commission of India
  topic: keywords
subject: One Person One Vote One Value
  topic: keywords
subject: Electoral Reforms
  topic: keywords
subject: Free and Fair Elections
  topic: keywords
creator: Pooja Malik
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 153
ending page: 164

ELECTIONS IN INDIA: INSTITUTIONS, CHALLENGES, AND PATHWAYS TO REFORM
type: item
description: This paper examines the constitutional vision, institutional framework, and contemporary challenges surrounding elections in India, with particular emphasis on the Election Commission of India (hereinafter, “ECI”). Envisaged under Article 324(1) of the Constitution of India, the ECI was established as an independent body to safeguard the democratic process and has historically commanded public trust as the guarantor of free and fair elections. However, recent developments reveal a troubling erosion of independence and transparency. High-profile allegations of large-scale voter roll irregularities in 2025, based on the ECI’s own records, have intensified concerns regarding duplicate entries, unverifiable addresses, and arbitrary deletions. The study employs a doctrinal and analytical methodology, supplemented with contemporary reports and case studies from electoral practices. It is argued herein that meaningful electoral reform, anchored in institutional independence, transparency, and appropriate technological safeguards, is imperative to preserve India’s constitutional promise of democracy through free and fair elections.
subject: Articles
  topic: section
creator: Prabhjot Kaur
creator: Sarra Bansal
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 214
ending page: 236

SPECTRUM OF MODERN ELECTIONEERING: CAMPAIGN BUDGETS AND SPENDING PATTERNS IMPACTING INDIAN DEMOCRACY
type: item
description: The process of election is not just a mechanism to voice up the citizens to express their opinions and choose representatives for the entire nation but also considered as the backbone of the democratic system. This paper examines the relationship between the interlinked concepts of election and democracy because the elections are the mechanism and democracy is the ideal. However, the alarming increase in the election expenses has created a hurdle for capable yet under-resourced candidates from stepping into the Legislative Organs. Election campaigns have highlighted the rapid increase in electoral spending, which erodes democracy, questions transparency and threatens free and fair elections. Through this research, we aim to probe the financial electoral trends in election campaigns and their outcomes and reflect how democracy can be reclaimed from money power and restored to its rightful custodian- the citizens. This research paper reveals how the development has become politicized and also shows the influence of ‘the price of money’ in the recent elections which cause a steady rise in election campaigns. Furthermore, this paper concludes with proposals of robust legal provisions regarding the limits on electoral spending, stringent action against the illegal means etc. to maintain the essence of election.
subject: Articles
  topic: section
subject: Election Expenditure
  topic: keywords
subject: Democracy
  topic: keywords
subject: Electoral Bond
  topic: keywords
subject: Politicized Development
  topic: keywords
subject: Political Accountability
  topic: keywords
creator: Priyanshi Jaiswal
creator: Vanshika Gaur
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 301
ending page: 316

SOCIAL MEDIA, DIGITAL CAMPAIGNING, AND THE FUTURE OF ELECTION LAW IN INDIA- TOWARDS DECLINE OR RENEWAL
type: item
description: India’s electoral ecosystem has been reshaped by social media, targeted advertising, and algorithmic amplification faster than its laws and institutions could adapt. This paper examines the resulting mismatch between platformed political communication and India’s statutory architecture, principally the Representation of the People Act, the Election Commission’s Model Code of Conduct, and the intermediary-liability regime under the Information Technology Act and shows how these instruments, drafted for an analogue era, leave doctrinal and procedural lacunae when applied online. Building on Supreme Court jurisprudence from Shreya Singhal to Anuradha Bhasin, and a comparative review of US, UK, and EU regulatory responses, the paper interrogates four core risks: algorithmic amplification of content, opaque micro-targeting and hidden financing, cross-border interference, and weak enforcement of transparency and silence-period rules. The analysis finds promise in India’s Digital Personal Data Protection Act (2023) but highlights its broad state exemptions, centralised enforcement, and lack of explicit electoral safeguards. The paper advocates a calibrated, rights-respecting reform package: narrow DPDP carveouts; decentralised, independent enforcement capacity; mandatory digital imprints and ad-disclosure; platform risk assessments and algorithmic audits; and coordinated ECI–data-regulator mechanisms. Such measures, it argues, can protect voter autonomy and electoral integrity without unduly constraining legitimate political speech, thereby preserving democratic legitimacy in an age of commercial platforms and algorithmic mediation.
subject: Articles
  topic: section
subject: digital campaigning
  topic: keywords
subject: intermediary liability
  topic: keywords
subject: data protection
  topic: keywords
subject: algorithmic amplification
  topic: keywords
subject: electoral transparency
  topic: keywords
creator: Anushka Sharma
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 194
ending page: 213

JUDICIAL SCRUTINY OF POLITICAL FINANCE: EVALUATING THE SUPREME COURT’S REASONING IN-ASSOSICATION FOR DEMOCRATIC REFORMS v. UNION OF INDIA
type: item
description: Association for Democratic Reforms v. Union of India, is a significant judgment in the arena of electoral transparency. This case commentary discusses the importance of transparency in elections, reinforced by other landmark cases. The central issue before the hon’ble court was the constitutionality of Electoral Bond Scheme 2018. The case involves two parties the petitioner, Association for Democratic Reforms is a civil society body working on electoral reforms, alleged that the scheme enables unlimited and anonymous corporate donations, violating the voter’s rights under Article 19(1)(a) and provisions of the Right to Information Act 2005. On the other hand, the respondents -Union of India, defended the scheme, claiming it intended to reduce black money and encourage political donations through various banking channels providing sufficient funds for their political campaigns. The hon’ble Supreme Court held transparency in political funding is the essence for democratic integrity. Therefore, the commentary explores two main themes: first “Electoral Integrity’’ and second “Electoral Democracy’’ both of which are highlighted by this case
subject: Articles
  topic: section
creator: Akanksha
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 325
ending page: 333

GENDER AND ELECTORAL REPRESENTATION IN INDIA: A STUDY ON MOVING BEYOND TOKENISM
type: item
description: Women constitute nearly half of India’s population, yet their representation in Parliament and State legislatures remains disproportionately low. Despite Constitutional guarantees of equality and initiatives such as the Women’s Reservation Bill (2023), which reserves one-third of seats for women in legislatures, the gap between symbolic presence (tokenism) and substantive participation persists. Tokenism refers to the numerical or symbolic inclusion of women without granting them real influence in decision-making, while substantive participation implies active involvement in policy formulation, governance, and legislative debates. This study examines the structural, social, and institutional barriers preventing women from exercising genuine political power. Drawing upon doctrinal research, statistical trends, and insights from Panchayati Raj institutions where women’s reservation has shown measurable impact the paper explores strategies to move beyond tokenistic representation. Comparative examples from countries such as Rwanda and Nordic nations illustrate how quotas and supportive frameworks can convert presence into meaningful empowerment. The study concludes that while reservation is necessary, it is insufficient; comprehensive reforms in party structures, financial support, capacity building, and societal attitudes are required to ensure women’s effective participation in India’s democratic processes. Keywords Women, Elections, Representation, Tokenism, Participation.
subject: Articles
  topic: section
creator: BHUMI TANDON
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 39
ending page: 48

STRENGTHENING THE ELECTORAL SYSTEM IN INDIA: INSTITUTIONAL CHALLENGES AND REFORM PATHWAYS
type: item
description: India’s freedom brought the rule of democracy with it, which is strongly reflected in our Constitution. The concept of “OF THE PEOPLE, BY THE PEOPLE, AND FOR THE PEOPLE” reflects the same democratic principle. The ideas of democracy, equity, justice and fundamental rights form the core principles of our Constitution. Elections are the primary requirement of a democracy. The “Right to Vote” is not merely a legal right but also an integral part of India’s electoral system. The responsibility to strengthen and maintain this system lies in ensuring free and fair elections in India. This paper discusses the electoral system in India and the concept of free and fair elections, while highlighting the institutions involved and the challenges faced during elections. It also proposes reforms required to strengthen the electoral system in order to sustain democracy in India. With an understanding of these issues and the solutions proposed, the Election Commission will be better equipped to promote good governance and eradicate unjust and unfair electoral practices. This, in turn, will help preserve democracy, which is the heart and soul of our Constitution. By assessing both the progress made and the gaps that persist, the study emphasises the need for ongoing reforms to ensure transparency, inclusivity and accountability within the electoral framework. Ultimately, it highlights that safeguarding the integrity of elections is essential for strengthening democratic values and upholding the nation’s constitutional vision.
subject: Articles
  topic: section
creator: Jasmine Kaur
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 31
ending page: 38

CRITIQUING INTERNAL UNDEMOCRACY: ANALYZING PHANTOM POWER’S IMPACT ON INDIAN POLITICAL PARTIES
type: item
description: Political parties being instrumental to India's democracy operate as extraconstitutional entities with minimal regulation, leading to pathogenic pathologies such as declining intra-party democracy, rampant nepotism, opaque financing, disconnected manifestos, RTI defiance, and populist “revdi” culture. By analyzing the same, this paper's primary objective is to dissect the regulatory vacuum resulting in erosion of democratic norms, which fosters a sort of oligarchic “phantom power”; wherein high commands eclipse member voices. The secondary objectives include interrogating key manifestations (such as hereditary leadership suppressing talent, top-down manifestos ignoring priorities like jobs and healthcare per ADR surveys) and advancing targeted reforms to instil accountability. This study employs a qualitative doctrinal methodology, synthesizing primary sources such as Law Commission reports, Supreme Court precedents, Election Commission documents, and empirical insights from ADR's 2025 dynastic study and RBI's State Finances analysis. Findings illuminate a metademocratic paradox: undemocratic parties undermine the very system they were ostensibly created to sustain, with nepotism fragmenting polities; resulting in opacity fuelling cynicism (like parties' RTI non-compliance), and revdi pledges risking fiscal distress; which all result in perpetuation of inequality over actual democratic representation. This critique extends Law Commission discourse by quantifying 2024 dynasty trends, urging more participatory models for the 2029 Indian elections.
subject: Articles
  topic: section
subject: Intra-party democracy
  topic: keywords
subject: Political nepotism
  topic: keywords
subject: Manifesto accountability
  topic: keywords
subject: Electoral transparency
  topic: keywords
subject: Revdi culture
  topic: keywords
creator: R. Aditya
creator: Bhavya Jha
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 273
ending page: 287

JUDICIAL GUARDIANSHIP OF ELECTORAL DEMOCRACY: CONSTITUTIONAL PRINCIPLES AND EVOLVING JURISPRUDENCE IN INDIA
type: item
description: This study explains how Indian courts shape elections through their decisions. It uses doctrinal research: reading the Constitution, the Representation of the People Acts, and leading Supreme Court judgments. The analysis shows a clear balance. Courts avoid stopping elections while they are underway, but give strong remedies after results. Key cases have been analysed as together they make “free and fair elections” a basic constitutional value, require candidate disclosures, restrict appeals to religion or caste, enforce immediate disqualification on conviction, and back electronic voting with paper audit trails. The chapter also explains the Election Commission’s wide but reviewable powers, the high bar for recounts, and the main remedies: setting aside an election, declaring another candidate elected, recounting, and issuing directions. Ongoing challenges include slow disposal of election petitions, uneven enforcement of disclosure rules and the Model Code of Conduct, and new risks from digital campaigning and misinformation.
subject: Articles
  topic: section
subject: judiciary
  topic: keywords
subject: electoral reforms
  topic: keywords
subject: election disputes
  topic: keywords
subject: Election Commission of India
  topic: keywords
subject: free and fair elections
  topic: keywords
creator: Deepkamal Thind
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 1
ending page: 13

ASSOCIATION OF DEMOCRATIC REFORMS & ANR. V. UNION OF INDIA & ORS. (2024) – A CASE NOTE
type: item
description: This case note adopts a doctrinal research methodology, analysing judicial reasoning and constitutional implications of the Supreme Court’s ruling on electoral bonds. The Supreme Court’s 2024 verdict striking down the Electoral Bonds Scheme marks a significant moment for Indian democracy. This scheme had permitted political parties to receive large, anonymous donations, making it impossible for ordinary citizens to know who was financing their leaders. In its judgment, the Court affirmed that transparency is a fundamental right of voters because one cannot make an informed decision without knowing who holds sway behind the scenes? By emphasising openness and accountability, the Court shed light on how secrecy in political funding can corrode the very principles of free and fair elections. It noted that the unchecked rise in corporate contributions had created an uneven political field, weakening equal participation. The government had argued that anonymity protected donor privacy and curbed black money. However, the Court firmly rejected this view, stating that opacity conceals both legitimate and illicit funds, thereby enabling corruption than preventing it. While the ruling dismantles a flawed system, and it urges lawmakers to devise a fair framework that balances transparency with donor privacy. In essence, this landmark decision restores power to where it rightly belongs: in the hands of a well-informed electorate.
subject: Articles
  topic: section
creator: Dapinder kaur
creator: Divya Singh
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 317
ending page: 324

REINTERPRETING ELECTORAL SILENCE: SECTION 126 OF THE REPRESENTATION OF THE PEOPLE ACT AND CONSTITUTIONAL PROPORTIONALITY
type: item
description: This paper interrogates the viability of India’s 48-hour “silence period” under Section 126 of the Representation of the People Act, 1951 in an electoral environment where algorithmic recommender systems continue to resurface campaign content after formal canvassing has ceased. Anchored in Indian constitutional jurisprudence on prior restraint, proportionality, and Article 324, it proposes the Foreseeability-Control-Mitigation (F-C-M) standard: resurfacing constitutes a prohibited “display” where it arises as a foreseeable effect of platform design, is traceable to an actor exercising proximate control, and persists notwithstanding available mitigation. The Election Commission of India is positioned to enforce ex ante obligations through circulars and process codes, while courts retain ex post proportionality review. Interdisciplinarily, Bourdieu’s field theory explains why silence operates as an equalisation device, temporarily dampening the conversion of economic capital into symbolic dominance at the moment of voter decision. Comparative frameworks from the EU, OSCE, and Australia reinforce the defensibility of short, process-oriented reflection windows when operationalised through transparency requirements, archival access, algorithmic demotion, and narrowly confined takedowns. The conclusion advanced is that §126 is not a relic but, with judicial reinterpretation, remains enforceable, rights-compatible, and technologically attuned.
subject: Articles
  topic: section
subject: electoral silence
  topic: keywords
subject: Algorithmic recommender systems
  topic: keywords
subject: Section 126 RPA
  topic: keywords
subject: Constitutional proportionality
  topic: keywords
subject: Election Commission of India
  topic: keywords
creator: Adamya Rawat
creator: Aadesh Singh
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 250
ending page: 272

CHARTING THE TERRAIN OF POLITICAL FUNDING IN INDIATHROUGH GLOBAL EXPERIENCES
type: item
description: Any democracy cannot function without free and fair elections. It is imperative to note that the ideal of free and fair election has been enshrined in the basic structure of our Indian Constitution. In this regard, an independent Election Commission is the watchdog of the electoral procedures in India. This paper is structured to examine the current state of political funding in India. It attempts to highlight various mechanisms of political funding across jurisdictions. The aim is to assess how far India has come in the arena of political funding, and what steps it could take to align with the international best practices. Transparency and accountability in political funding can bring stability in the electoral battleground. This paper would deal with analysis of data and discussions while engaging in a comparative study of political funding transnationally, in relation to India. It aims to offer suggestions upon identifying the challenges in India’s political funding mechanisms and recommends potential pathways for reform, keeping in mind the broader ideal of democratic integrity. The study aspires to contribute to the ongoing discourse on strengthening democratic institutions through more equitable and transparent funding practices.
subject: Articles
  topic: section
subject: Political funding
  topic: keywords
subject: Electoral Bonds
  topic: keywords
subject: Transparency
  topic: keywords
subject: Elections
  topic: keywords
subject: Corruption
  topic: keywords
creator: Madhurima Mitra
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 84
ending page: 99

ELECTORAL INTEGRITY IN INDIA: CONSTITUTIONAL VISION, CONTEMPORARY CHALLENGES AND PATHWAYS TO REFORM
type: item
description: Elections are the bedrock of democracy. They provide the basis on which our democracy’s legitimacy rests. Yet in India, the sanctity of elections has often been undermined by recurring challenges. The highest level of judiciary have consistently upheld and reinforced the import of free and fair elections identifying them as part of the Constitution’s Basic Structure. However, electoral practice continues to suffer from structural deficits- the dominance of money and muscle power, divisive sloganeering bordering on communalism and casteism, the criminalization of politics and growing mistrust in the independence of the Election Commission. This paper critically examines these concerns through constitutional, judicial and comparative perspectives and supplies reforms to realign practice with principle. The main argument is that India’s democracy cannot continue as a mere procedural exercise, it requires substantive electoral integrity rooted in Dr Ambedkar’s vision of constitutional morality.
subject: Articles
  topic: section
subject: Elections
  topic: keywords
subject: Electoral integrity
  topic: keywords
subject: Constitutional Morality
  topic: keywords
subject: Electoral Reforms
  topic: keywords
subject: Democracy
  topic: keywords
creator: Rohan Seth
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 237
ending page: 249

ONE NATION ONE ELECTION - A DEEP ANALYSIS
type: item
description: The concept of “One Nation, One Election” becomes a significant subject in India’s political and legal debate, aiming to synchronize elections for the Lok Sabha and State Assemblies. Currently, elections are held separately, resulting in constant campaigning and recurring financial and administrative burdens. From a constitutional perspective, the proposal is not unprecedented—India followed this system until the late 1960s, when premature dissolutions disrupted the cycle. Reviving it would require substantial amendments to the Constitution and electoral laws. Proponents highlight global practices, like South Africa and Sweden, where synchronized elections enhance efficiency and stability. However, critics warn of challenges in India’s federal context, that simultaneous polls may dilute regional concerns, centralize political narratives etc. Thus, the debate reflects tension between efficiency and its implementation. This article extensively explores the reform’s feasibility that hinges on political consensus, constitutional safeguards, and careful balancing of India’s pluralistic democracy. The exploration includes the probabilities of authoritative tendencies, security threat, mid-term elections, federal dilemma, its operational and logistical complexities etc. The article critically evaluates the underlying repercussions of the reinstating the policy without disparaging the substantive advantages associated with the enforcement of the Policy.
subject: Articles
  topic: section
creator: Nishita
creator: Nikita Verma
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 181
ending page: 193

ONE NATION ONE ELECTION: WEAKENING FEDERALISM AND UNDERMINING DEMOCRATIC ACCOUNTABILITY
type: item
description: The recent legislative push for 'One Nation One Election' (ONOE) in India has reignited a critical debate on its potential to undermine the nation's core constitutional ethos. This paper addresses the research problem of whether synchronizing national and state elections, as proposed by the Constitutional amendment Bills, can be achieved without compromising the principles of flexible federalism and democratic accountability. Employing a constitutional and analytical methodology, the study tests the ONOE scheme against the established threshold of India's federal structure and decentralized democracy. The core argument established is that the ONOE proposal, driven by promises of cost savings and governance efficiency, is an undesired electoral reform. The paper finds that ONOE’s centralizing tendencies pose a significant risk of marginalizing regional voices, overshadowing local issues with national narratives, and ultimately tilting the balance of power toward the Union, thereby threatening state autonomy and federalism. Furthermore, it is argued that the scheme threatens democratic accountability by potentially homogenizing identities and diluting the check on executive power by guaranteeing a fixed term for the government in a parliamentary system. In conclusion, ONOE is fundamentally incompatible with the inclusive, diverse, and cooperative spirit of Indian federalism and representative democracy. The paper suggests that electoral reform should focus instead on regulating excessive campaign expenditure and improving the Model Code of Conduct, rather than implementing a systemic change that endangers the nation's democratic fabric.
subject: Articles
  topic: section
subject: One Nation One Election
  topic: keywords
subject: Indian Federalism
  topic: keywords
subject: Democratic Accountability
  topic: keywords
subject: Simultaneous Elections
  topic: keywords
subject: Centralization
  topic: keywords
creator: Shivangini Khanduri
creator: Bhavik Kaushik
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 49
ending page: 68

CONSTITUTIONAL AND STATUTORY FRAMEWORKS OFELECTORAL MANAGEMENT: A COMPARATIVE STUDY OFELECTION COMMISSIONS IN INDIA, THE UNITED KINGDOM, ANDTHE UNITED STATES
type: item
description: Electoral management bodies constitute the institutional backbone of democratic governance. Their independence, legal foundation, administrative capacity, and operational autonomy determine the legitimacy of electoral outcomes. This research paper undertakes a comparative study of the constitutional and statutory frameworks governing election commissions in India, the United Kingdom, and the United States. While India follows a centralized constitutional model with a permanent Election Commission, the United Kingdom and the United States adopt predominantly statutory and decentralized mechanisms. Through an examination of constitutional provisions, legislative enactments, institutional design, and judicial interpretations, this paper analyses how differing political traditions and constitutional philosophies shape electoral governance. The study highlights structural disparities, functional strengths, and democratic vulnerabilities inherent in each model, and argues that India’s constitutional embedding of electoral management provides greater legal protection for electoral independence than the Anglo-American statutory approaches.
subject: Articles
  topic: section
creator: Sanampreet Singh
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 136
ending page: 152

COMPARATIVE ATTITUDES TO ELECTORAL INSTITUTIONS:PROBLEMS AND REFORM OPPORTUNITIES IN INDIA AND BEYOND
type: item
description: This article engages in a critical analysis of the Election Commission of India (ECI), a Constitutionally established Election Management Body (EMB) that has developed into one of the strongest institutions of Indian democracy. With Article 324 of the Constitution creating it in 1950, the ECI was initially conceptualized as an organ of supervision of elections with a view to seeking procedural legitimacy. With the passage of time, through judicial interpretation and legislative evolution, its mandate has grown significantly in order to exercise very comprehensive supervisory and quasi-judicial powers. The Supreme Court has consistently reaffirmed and strengthened this independence, thus increasing the institutional stature of the Commission. But the expansion of powers has also raised important issues concerning accountability and transparency. Although the ECI is hailed for conducting free and fair elections, doubts are raised whether the lack of proper checks could undermine democratic equilibrium. With the fast-changing socio-political context, the need for reforms to enhance the independence of institutions, structural accountability, and responsiveness to popular expectations has only gained more strength. This research analyzes the formation, structure, and roles of the ECI in the broader democratic governance framework, contrasts its model with global EMB models, and suggests reforms consistent with global best practices to ensure electoral integrity in India.
subject: Articles
  topic: section
subject: Election
  topic: keywords
subject: Commission
  topic: keywords
subject: Accountability
  topic: keywords
subject: Autonomy
  topic: keywords
subject: Reform
  topic: keywords
creator: Shikha Shikha
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 100
ending page: 118

ONE NATION, ONE ELECTION: AN ANALYSIS THROUGH THE LENS OF COOPERATIVE FEDERALISM
type: item
description: With serious concerns about its effects on the federal structure of the nation, the "One Nation, One Election" concept has become a major topic of discussion in India regarding electoral reform. Proponents contend that holding elections for the State Legislative Assemblies and the Lok Sabha at the same time will increase efficiency, lessen budgetary strains, and foster policy stability. On the other hand, detractors argue that synchronization might seriously violate the constitution, erode state sovereignty, and skew voter behaviour. Using cooperative federalism as a lens, this study investigates the question of whether holding simultaneous elections may actually promote a more cooperative relationship between the Union and the States or if doing so runs the danger of centralizing power at the expense of regional variety.
subject: Articles
  topic: section
creator: Vikramjeet Singh
creator: Tanish Dahuja
rights: Copyright (c) 2026 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2026-01-23
publication date: 2026-01-23
starting page: 119
ending page: 135

ARTIFICIAL INTELLIGENCE IN CRIMINAL JUSTICE ADMINISTRATION: THE USE OF MACHINE LEARNING FOR PREDICTIVE JUDICIAL ANALYSIS OF LEGAL DISPUTES
type: item
description: The burgeoning advent of Artificial Intelligence (hereinafter referred to as AI) has taken the world by storm. This paper explores the interplay between machine learning and the current landscape of criminal justice administration in India. The discussion begins with an introduction to the core principles and central features of machine learning methodologies. The author shall then explain the concept of predictive justice, in context of machine learning methodologies, such as supervised learning and natural language processing. The Indian judicial system has been plagued by several challenges. Therefore, this paper seeks to examine the extent to which the use of predictive justice algorithms can aid and assist judges and magistrates, thereby enhancing judicial efficiency and transparency. Finally, the paper delves into the challenges posed by the use of predictive justice algorithms, with respect to the process of judicial decision making. Further, the paper critically evaluates concerns pertaining to transparency, accountability and preservation of constitutional principles, stemming from a potential risk of automation bias in the outcomes proposed by the predictive models. The author shall conclude the discussion by suggesting that a comprehensive regulatory framework is necessary to address the skepticism around AI driven outcomes, and to facilitate the integration of predictive justice analytics into the domain of dispute adjudication in a seamless manner.
subject: Articles
  topic: section
subject: Machine Learning
  topic: keywords
subject: Predictive Justice
  topic: keywords
subject: Supervised Learning
  topic: keywords
subject: Natural Language Processing
  topic: keywords
subject: Criminal Justice Administration
  topic: keywords
creator: Shreya Chaudhry
rights: Copyright (c) 2025 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2025-06-22
publication date: 2025-06-22

AI-DRIVEN FACIAL RECOGNITION: HUMAN RIGHTS CONCERNS AND REGULATORY CHALLENGES
type: item
description: Facial Recognition Technology (FRT), powered by Artificial Intelligence (AI), has become a significant tool in law enforcement, public security, and digital identity verification. While it enhances efficiency and security, its widespread use raises serious concerns regarding privacy, mass surveillance, and algorithmic bias. In India, the absence of a comprehensive legal framework regulating FRT creates challenges in ensuring compliance with constitutional protections, particularly the right to privacy. This study examines the ethical and legal implications of FRT, focusing on issues of consent, data protection, and the risk of discrimination against marginalised communities. It also explores global regulatory approaches, including the General Data Protection Regulation (GDPR) and the Artificial Intelligence Act (AI Act) in the European Union, which categorise FRT as a high-risk technology requiring strict oversight. The research highlights the urgent need for India to establish a balanced regulatory framework that promotes innovation while safeguarding fundamental rights. Policy recommendations include legislative reforms, independent oversight mechanisms, algorithmic transparency, and ethical AI practices to mitigate risks. As AI-driven surveillance expands, ensuring accountability and fairness in deploying FRT is crucial for protecting democratic freedoms and individual liberties.
subject: Articles
  topic: section
subject: Facial Recognition
  topic: keywords
subject: Artificial Intelligence
  topic: keywords
subject: Privacy
  topic: keywords
subject: Human Rights
  topic: keywords
subject: Regulation
  topic: keywords
creator: Shubham Bhatia
rights: Copyright (c) 2025 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2025-06-22
publication date: 2025-06-22

BETWEEN CODE AND CULPABILITY: DECIPHERING THE POSSIBILITY OF AI MENS REA FOR CRIMINAL LIABILITY THROUGH JURISTIC PERSONHOOD FOR AI
type: item
description: ABSTRACT The rapid evolution of Artificial Intelligence (hereafter AI) challenges traditional legal frameworks, including existing criminal law frameworks of attributing liability. While actus reus in AI-driven offences can be identified, determining mens rea remains complex due to AI’s autonomous decision-making and the Black Box Problem. Against this backdrop, this paper examines whether AI can be granted juristic personhood, thereby attributing mens rea directly to it, and explores the feasibility of a strict liability regime to bypass the mens rea requirement in AI-driven offences. Drawing from existing jurisprudence, the study argues that recognising AI as a juristic person is not legally untenable, and thus, it is possible to attribute mens rea to AI if the constitutive elements of its different forms are present, a possibility that cannot be ignored vis-à-vis the hypothetical “Strong AI”, thus also allowing criminal liability to be directly applied to AI entities themselves. Keywords: Strong AI, mens rea, actus reus, criminal liability, black box problem,
subject: Articles
  topic: section
creator: Raajdwip Vardhan
rights: Copyright (c) 2025 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2025-06-22
publication date: 2025-06-22

AI IN EMBRYO SELECTION IN INDIA: BALANCING PRIVACY AND PRODUCTIVITY
type: item
description: Embryo selection in in-vitro fertilization (IVF) involves assessing the characteristics of fertilized embryos to identify the most viable ones for transfer (in the human body) or cryopreservation which means freezing for further research. Recently, artificial intelligence (AI) has been increasingly integrated into this process to enhance accuracy and automate decision-making. However, the application of AI in embryo selection raises significant ethical and legal concerns, particularly regarding the potential misuse of sensitive genetic information. This research paper examines the risks associated with AI-driven embryo selection, focusing on the threat it poses to the privacy of the genetic information individuals undergoing IVF. The study highlights the essential features required by the legal mechanisms which are to be specifically designed in order to regulate AI systems and studies the newer legal mechanisms in the United States, European Union and India including the General Data protection Regulation, Digital Data protection Act etc. which have been passed with the aim of safeguarding of individual privacy. It further analyses the relevant parts of these laws while also focusing on the loopholes to identify the key elements required in order for these laws to be successful in India in achieving their aims. By emphasizing on the Indian perspective to this issue, this research highlights the importance of addressing these statutory and regulatory challenges in to prevent misuse and protect the confidentiality of patients undergoing AI driven IVF in India. The findings emphasize the critical role of regulations in mitigating risks while fostering innovation in reproductive technologies.
subject: Articles
  topic: section
creator: Sania
rights: Copyright (c) 2025 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2025-06-22
publication date: 2025-06-22

THE DUAL-EDGED SWORD: AI'S INFLUENCE ON CONSUMER BEHAVIOR AND CYBERCRIME IN DIGITAL INDIA
type: item
description: Artificial Intelligence (AI) significantly influences consumer behavior by shaping decision-making processes and fostering irrational consumption patterns. This paper examines how AI interacts with various consumer behavior models, including the Nicosia model and the Theory of Buyer Behavior, to alter purchasing habits. AI's ability to personalize experiences and predict preferences enhances consumer engagement but also raises concerns regarding cognitive manipulation and privacy infringement. Children, in particular, are susceptible to AI-driven interactions, as they lack the capacity to assess the implications of automated responses. Similarly, AI-driven recommendations in financial services can lead to impulsive purchasing and increased expenditure. The banking sector serves as a prominent example of AI’s integration, where automated systems streamline transactions, enhance customer satisfaction, and drive revenue. However, such advancements also encourage excessive spending and dependency on AI-driven financial insights. Furthermore, the implementation of limited-memory AI in routine tasks, such as automated retail services and customer support, illustrates the shift from labor-intensive to capital-intensive industries, consequently impacting employment trends. While AI improves operational efficiency and consumer convenience, its broader implications necessitate careful consideration of ethical concerns, security risks, and economic consequences. The study highlights both the advantages and challenges posed by AI, emphasizing the need for regulatory oversight and strategic implementation to balance technological advancements with consumer well-being. AI's role in consumer decision-making underscores the necessity for responsible innovation, ensuring that automation enhances rather than exploits consumer behavior. Keywords: Artificial Intelligence, Consumer Behavior, Irrational Behavior, Privacy, Banking
subject: Articles
  topic: section
creator: Prachi Bohra
rights: Copyright (c) 2025 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2025-06-22
publication date: 2025-06-22

THE NEW FRONTIER OF DATA PROTECTION: UNDERSTANDING INDIA’S DPDP RULES AND GLOBAL COMPLIANCE
type: item
description: The new Draft Digital Personal Data Protection Rules, 2025 mark a transformative step in India’s data privacy landscape, implementing the Digital Personal Data Protection Act, 2023. This paper examines the core provisions of these rules, including consent management, data breach reporting, cross-border data transfers, and personal information safeguards, highlighting their significance in the digital economy. Through a comparative analysis of international frameworks such as the GDPR and CCPA, this paper highlights both similarities and differences that influence India’s strategy for global data protection compliance. It further explores the challenges in implementing these rules, including issues related to regulatory enforcement, and stakeholder preparedness. The paper concludes by proposing potential solutions to ensure effective compliance and operational efficiency, positioning the DPDP Rules as a critical step in aligning India’s data privacy regulations with international standards.
subject: Articles
  topic: section
creator: VISHWAJEET KUMAR CHAUDHARY
creator: DIVYANSHA VERMA
rights: Copyright (c) 2025 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2025-06-22
publication date: 2025-06-22

The Basic Structure Doctrine: A Comprehensive Case Law Analysis
type: item
description: The basic structure doctrine, a cornerstone of Indian constitutional law, was established by the Supreme Court's landmark 1973 ruling in the Kesavananda Bharati v. State of Kerala case. This doctrine acts as a protective mechanism, preventing Parliament from amending the Constitution's fundamental elements, including the protection of fundamental rights and the preservation of national sovereignty and integrity. This research paper explores the origins, significance, and impact of the basic structure doctrine on India's legal and political landscape. Furthermore, it analyzes the doctrine's role in balancing legislative authority with judicial oversight, ensuring the Constitution's enduring stability.
subject: Articles
  topic: section
subject: Indian Constitutional Law
  topic: keywords
subject: Kesavananda Bharati Case
  topic: keywords
subject: Judicial Review
  topic: keywords
subject: Parliamentary Amendments
  topic: keywords
subject: Basic Structure Doctrine
  topic: keywords
creator: TANISHK TANISHK MANHAS
creator: TAMAN KUMAR
rights: Copyright (c) 2025 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2025-01-21
publication date: 2025-01-21

THE SCOPE AND CONTENT OF THE POWER CONFERRED ON THE GOVERNOR OF THE STATE UNDER ARTICLE 161 OF THE CONSTITUTION
type: item
description: The case notes overview the incident that took place on 5th September 1960. In India, the trial of K.M. Nanavati, a naval officer contemplating an allegation of murder, is a fundamental legal analysis of the equilibrium between executive clemency and judicial authority. The case raised important concerns about the extent of the governor's authority under Article 161 and how it intersects with the power that the courts have been granted under Article 142. This case was dealt with by a Constitutional Bench wherein JusticeKapur's opposition raises questions regarding the potential overreach of executive power, but the majority's stance delivers an equitable approach to adhering to constitutional values and the rule of law. The significance of this case lies in the way it defines the limits of executive clemency with respect to judicial monitoring, thus strengthening the concept of the separation of powers. The case note's analysis focuses on the historical background, legislative intent, and fundamental constitutional concepts that inform how Articles 161 and 142 are interpreted.
subject: Articles
  topic: section
subject: K. M. Nanavati
  topic: keywords
subject: State of Bombay
  topic: keywords
subject: Art. 161
  topic: keywords
subject: Art. 142
  topic: keywords
subject: Governor’s Authority
  topic: keywords
creator: CALISTA CHETTIAR
rights: Copyright (c) 2025 PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW
date: 2025-01-21
publication date: 2025-01-21