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.
INTERNATIONAL ENVIRONMENTAL LAW AT A CROSSROADS: ENVIRONMENTAL GOVERNANCE IN AN ERA OF GEOPOLITICAL FRICTION
This essay analyses the failure of international environmental law to be able to successfully address the issue of climate change amid the present escalating geopolitical conflicts. Geopolitical tensions are one of the most overlooked causes of environmental degradation. The current geopolitical dynamics have reduced global cooperation and governance for climate mitigation. While powerful states have the resources to mitigate damage, the burden of climate change falls on the developing and least developed states. Moreover, in the era of armed conflicts at their highest levels since World War II, warfare remains a significant barrier to effective climate mitigation. The world’s militaries, if treated as a single country in terms of fossil fuel consumption, account for 5.5% of total global emissions, that is the fourth-largest emitter after China, the USA, and India. This essay uses a doctrinal research methodology, based on primary sources such as international reports from the United Nations and other governance bodies, along with primary sources such as policy reports, credible journalism, and commentary. This essay argues for strengthening the presently existing international environmental governance mechanisms of international law, and to further take notice of the environmental degradation caused by chemical and biological military equipment.
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MULTILATERALISM IN CRISIS: INTERNATIONAL LAW IN A MULTIPOLAR WORLD
The contemporary international order is experiencing a profound transformation as the traditional system of multilateral cooperation faces increasing challenges from geopolitical rivalry, unilateral actions, and institutional deadlock. This research essay examines the erosion of multilateralism and critically explores whether international law can remain effective in an emerging multipolar world characterized by competing global powers. The post-Cold War order, largely shaped by institutions such as the United Nations and the World Trade Organization, was founded on the principle that global governance should operate through collective decision-making and rule-based frameworks rather than power politics. However, recent developments indicate growing strain on this system. The Russia-Ukraine war exposed the paralysis of the UN Security Council due to veto politics, while the ongoing Israel-Gaza conflict has highlighted deep divisions within the international community. More recently, escalating tensions and military confrontations involving the United States, Iran, and Israel have further raised concerns about the erosion of the prohibition on the use of force under Article 2(4) of the UN Charter. These developments reflect a broader shift toward unilateralism and strategic alliances that challenge the effectiveness of global institutions. This essay argues that although multilateralism is under significant strain, international law is unlikely to disappear. Instead, it is evolving through institutional reforms, regional cooperation, and emerging governance models that may redefine the operation of international law in an increasingly multipolar world
Multilateralism, Multipolarity, Geopolitics, Global governance, Unilateralism
BALOCHISTAN: SECURITY CRACKDOWN AND CIVILIAN IMPACT
This article critically examines the enduring human rights crisis in Pakistan’s Balochistan province, where enforced disappearances, extrajudicial killings, and stark economic marginalization have fostered a persistent insurgency. It traces the region’s multidimensional suffering to structural inequalities rooted in history, particularly the disputed 1948 annexation of Kalat, and analyzes the legacy of centralized policies. The study highlights recent developments, such as the October 2025 attack on the Jaffar Express, situating them within a pattern of militarized repression and the proliferation of “kill and dump” tactics targeting both civilians and activists. Original field reports, statistical data, and firsthand accounts reveal how institutional impunity and the failure of legal mechanisms further deepen mistrust and trauma. Special focus is given to gender-based exclusion, alongside sectarian violence targeting the Hazara community, illustrating how state policy perpetuates both marginalization and the criminalization of identity. The paradox of Balochistan’s immense mineral wealth and persistent poverty is examined, alongside the failures of decentralization and equitable resource distribution. The paper examines new forms of suppression, including digital censorship under PECA 2025, which exacerbates the risks faced by human rights defenders and journalists. The research contends that genuine reconciliation demands more than security operations: only justice, robust accountability, cultural recognition, and inclusive structural reforms can foster sustainable peace. Deep engagement with local communities, equitable political representation, and reforms grounded in democratic inclusion are critical for transforming Balochistan from a conflict zone into a site of coexistence and shared nationhood.
Military Repression, Kill and Dump Strategy, Resource Exploitation, Marginalization
CIVILIAN VULNERABILITIES AMID GEOPOLITICAL RIVALRIES:REASSESSING INTERNATIONAL LAW'S ENFORCEMENT THROUGHPOSITIVIST CRITIQUE
Civilians have historically been tormented in times of conflicts, whether international or non-international, despite the protections offered under several international instruments, including the Fourth Geneva Convention, Additional Protocol I, and the Rome Statute of the International Criminal Court. Customary International Humanitarian Law further reinforces these norms for the protection of civilians. These norms have been interpreted and applied by international tribunals such as the ICTY and the ICTR. Despite these well-developed norms, contemporary conflicts continue to demonstrate the vulnerability of civilian populations. Ongoing hostilities in regions such as Ukraine, Gaza and Sudan illustrate how civilians remain disproportionately affected by military operations, raising renewed concerns regarding the effectiveness of international criminal law in ensuring accountability. This paper examines the enforcement gap between the normative protections available and the limited enforcement of those protections in practice. Drawing from Austin’s command theory and Holland’s characterisation of international law, it critiques the absence of a unified sovereign and the unenforceability of sanctions. The paper attempts to assess whether the enforcement challenges faced by the international criminal law reflect deeper structural limitations of the international legal order. By connecting doctrinal analysis with contemporary conflict situations, the paper argues that the persistent enforcement gap in civilian protection is not merely the result of institutional inefficiency but reflects the decentralised and politically contingent nature of international law itself. Ultimately, the paper suggests that navigating geopolitical friction demands bridging normative aspirations with effective legislative safeguards in international organisations. KEYWORDS: International Humanitarian Law, Civilian Protection, Positivist Critique, Geopolitical Friction, Enforcement Gaps
INVISIBLE VIOLENCE, LEGAL IMPUITY: DECREE NO.12 & THE EROSION OF WOMEN’S AND CHILDREN’S RIGHTS IN AFGHANISTAN
The 2026 promulgation of De Mahakummu Jazaai Osulnama (Decree No.12) marks a striking regression in Afghanistan’s legal protections for women and children. This essay presents a primary textual analysis of Decree No.12 which is translated and read alongside contemporaneous UN and civil-society findings to demonstrate how the Code’s “visible injury” threshold, procedural guardianship requirements, and re-institutionalization of corporal punishment (ta’zir) effectively legalize a wide range of gendered violence and child harm. By punishing domestic violence only when it produces fractures or other overt physical marks, and by conditioning women’s access to justice on male guardianship and stringent procedural norms, the Code entrenches impunity and undermines victims’ agency. These provisions place Afghanistan’s domestic framework in direct conflict with core international obligations under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention on the Rights of the Child (CRC), the International Covenant on Civil and Political Rights (ICCPR), and the Convention against Torture (CAT), and they echo urgent concerns raised by OHCHR, UN Women and civil-society bodies. The essay argues that the formalization of such norms exposes a structural accountability gap, when domestic law expressly contradicts jus cogens human-rights protections, international instruments risk being reduced to aspirational standards unless accountability architecture is recalibrated. The paper concludes with targeted recommendations for international monitoring, strategic litigation pathways, and civil-society capacity building to prevent CEDAW and CRC from becoming unenforceable relics.
De Mahakumu Jazaai Osulnama (Decree No.12)
International Human Rights Accountability
FORCE, JURISDICTION AND SOVEREIGN EQUALITY: THE MADURO CAPTURE AS A TEST CASE FOR INTERNATIONAL LAW
This essay argues that the reported capture and transfer of a sitting Venezuelan President to the United States reveals a structural instability within contemporary international law: the gap between the formal equality of states and the unequal capacity of powerful states to enforce their criminal jurisdiction extraterritorially. The analysis examines three intersecting legal regimes. First, it evaluates the prohibition on the use of force under Article 2(4) of the UN Charter and the principle of non intervention. Second, it considers the customary rule of personal immunity affirmed in matter of Arrest Warrant (Democratic Republic of the Congo v Belgium, 2002), and whether unilateral arrest can lawfully bypass immunity in the absence of Security Council authorisation. Third, it analyses expansive domestic claims of jurisdiction through precedents such as United States v. Noriega and United States v. Alvarez Machain, and their harmony with sovereign equality. The essay does not merely assess the legality of the incident in isolation. It contends that the episode illustrates a broader shift from consent-based enforcement to power facilitated enforcement, where accountability claims risk undermining the very legal order they invoke. By situating the incident within UN Charter, immunity doctrine, and transnational criminal enforcement practice, the essay concludes that selective unilateral enforcement, even when framed as criminal justice, destabilises the coherence of international law unless grounded in multilateral legitimacy.
GLOBAL ORDER IN TRANSITION: RELEVANCE AND REFORM OF INTERNATIONAL ORGANISATIONS
The modern international legal system is in the process of significant change in response to evolving geopolitics, the emergence of new world powers and the increasing complexity of global challenges. International organisations play an important role in facilitating cooperation and stability and building a normative system of multilateralism. This essay aims to explore the continued relevance and the requirement for structural reforms in international organisations amidst ever-changing world order. The study will begin with an examination of the historical underpinnings of the evolution of international organisations as an instrument of global governance, including their role in fostering cooperation and decision-making among nations. It will then appraise the contemporary developments that have significantly impacted the dynamics of power relations among nations, encompassing the creation of a multipolar world. It is an undeniable fact that international organisations have substantially contributed to the creation of international laws. However, it is imperative to note that the changing dynamics of geopolitics have created structural limitations in the decision-making processes of international organisations. Against this background, the essay critically assesses the proposals for institutional adaptation and structural reform that are geared towards enhancing the responsiveness, inclusiveness and effectiveness of international organisations. The essay contends that positive reform, premised on the pillars of cooperation and institutional adaptability, is essential for ensuring that international organisations become effective instruments for global governance in the twenty-first century. Overall, the essay underscores the need for revitalising international institutions for the maintenance of an inclusive and rules-based international legal order.
International Organisations; Global Governance; Structural Reform; Multipolar World Order; Multilateralism.
THE IMPACT OF SOCIAL MEDIA MISINFORMATION ON ELECTORAL OUTCOMES: CHALLENGES AND REGULATORY RESPONSES
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.
DEMOCRACY DEMANDS DAYLIGHT: A CASE FOR BRINGING INDIAN POLITICAL PARTIES UNDER RIGHT TO INFORMATION ACT, 2005
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.
ARTIFICIAL INTELLIGENCE, DEEPFAKES, AND ELECTORALINTEGRITY IN INDIA: LEGAL AND INTELLECTUAL PROPERTYCHALLENGES
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, accountability, and the safeguarding of IPR in electoral contexts.
FROM BALLOTS TO BULLETS: UNDERSTANDING THE CRIMINAL – POLITICAL NEXUS IN INDIAN ELECTIONS
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.
ELECTORAL INSTITUTIONS IN INDIA: CONSTITUTIONAL VISION AND REFORMS
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.
ELECTIONS IN INDIA: INSTITUTIONS, CHALLENGES, AND PATHWAYS TO REFORM
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.
SPECTRUM OF MODERN ELECTIONEERING: CAMPAIGN BUDGETS AND SPENDING PATTERNS IMPACTING INDIAN DEMOCRACY
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.
SOCIAL MEDIA, DIGITAL CAMPAIGNING, AND THE FUTURE OF ELECTION LAW IN INDIA- TOWARDS DECLINE OR RENEWAL
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.
JUDICIAL SCRUTINY OF POLITICAL FINANCE: EVALUATING THE SUPREME COURT’S REASONING IN-ASSOSICATION FOR DEMOCRATIC REFORMS v. UNION OF INDIA
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
GENDER AND ELECTORAL REPRESENTATION IN INDIA: A STUDY ON MOVING BEYOND TOKENISM
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.
STRENGTHENING THE ELECTORAL SYSTEM IN INDIA: INSTITUTIONAL CHALLENGES AND REFORM PATHWAYS
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.
CRITIQUING INTERNAL UNDEMOCRACY: ANALYZING PHANTOM POWER’S IMPACT ON INDIAN POLITICAL PARTIES
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.
JUDICIAL GUARDIANSHIP OF ELECTORAL DEMOCRACY: CONSTITUTIONAL PRINCIPLES AND EVOLVING JURISPRUDENCE IN INDIA
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.
ASSOCIATION OF DEMOCRATIC REFORMS & ANR. V. UNION OF INDIA & ORS. (2024) – A CASE NOTE
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.
REINTERPRETING ELECTORAL SILENCE: SECTION 126 OF THE REPRESENTATION OF THE PEOPLE ACT AND CONSTITUTIONAL PROPORTIONALITY
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.
CHARTING THE TERRAIN OF POLITICAL FUNDING IN INDIATHROUGH GLOBAL EXPERIENCES
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.
ELECTORAL INTEGRITY IN INDIA: CONSTITUTIONAL VISION, CONTEMPORARY CHALLENGES AND PATHWAYS TO REFORM
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.
ONE NATION ONE ELECTION - A DEEP ANALYSIS
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.
ONE NATION ONE ELECTION: WEAKENING FEDERALISM AND UNDERMINING DEMOCRATIC ACCOUNTABILITY
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.
CONSTITUTIONAL AND STATUTORY FRAMEWORKS OFELECTORAL MANAGEMENT: A COMPARATIVE STUDY OFELECTION COMMISSIONS IN INDIA, THE UNITED KINGDOM, ANDTHE UNITED STATES
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.
COMPARATIVE ATTITUDES TO ELECTORAL INSTITUTIONS:PROBLEMS AND REFORM OPPORTUNITIES IN INDIA AND BEYOND
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.
ONE NATION, ONE ELECTION: AN ANALYSIS THROUGH THE LENS OF COOPERATIVE FEDERALISM
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.
ARTIFICIAL INTELLIGENCE IN CRIMINAL JUSTICE ADMINISTRATION: THE USE OF MACHINE LEARNING FOR PREDICTIVE JUDICIAL ANALYSIS OF LEGAL DISPUTES
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.
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