SEPARATION OF POWER IN THE INDIAN CONSTITUTION: A COMPARATIVE STUDY WITH THE US, BRITAIN, CANADA, GERMANY AND OTHERS BY - SURAJ SAMUI

Authors : SURAJ SAMUI

Registration ID : 106425 Published Paper ID: IJLRA6425

Year : Dec-2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

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ANALYSIS ON MAINTENANCE OF WIVES, CHILDREN AND PARENTS UNDER INDIAN LAW BY - RUDRAVIR RAJ SHRIYAM

Authors : RUDRAVIR RAJ SHRIYAM

Registration ID : 106424 Published Paper ID: IJLRA6424

Year : Dec-2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : rudravir2021@gmail.com

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ADMINISTRATION OF JUSTICE IN DOMAIN NAME DISPUTES: CRITICAL ANALYSIS OF DISPUTE RESOLUTION POLICIES (DRPs). BY - DR. AARUSHI BATRA

Authors : DR. AARUSHI BATRA

Registration ID : 106423 Published Paper ID: IJLRA6423

Year : Dec-2023 | Volume : II | Issue : 7

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Email Id : batra.aarushi@gmail.com

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CORPORATE TAX DISPARITIES IN INDIA: CAUSES AND IMPLICATIONS FOR TAX POLICY BY: SHIVAM GUPTA

Authors : SHIVAM GUPTA

Registration ID : 106422 Published Paper ID: IJLRA6422

Year : Dec-2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : sg02122002@gmail.com

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SEPARATION OF POWER – STRESS AND STRAIN BY - KRITIK ROSHAN RV & SABARI RAJAN

Authors : KRITIK ROSHAN RV & SABARI RAJAN

Registration ID : 106420 Published Paper ID: IJLRA6420 & IJLRA6421

Year : Dec-2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : kritikroshan369@gmail.com & kritik_8773@outlook.com

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THE JOURNEY OF ELECTION COMMISSION, FROM 1950 TO 2023, WITH SPECIAL REFERENCE TO THE CASE OF TN SHESHAN. BY - RISHAB. D. GOLANI & PUJITA AGARWAL

Authors : RISHAB. D. GOLANI & PUJITA AGARWAL

Registration ID : 106418 Published Paper ID: IJLRA6418 & IJLRA6419

Year : Dec-2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : rishabgolani05@gmail.com & pujita2005@gmail.com

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ISSUES AND CHALLENGES OF GENDER EQUALITY IN TRIBAL SOCIETY BY - KAILAS P. VASAVE

Authors : KAILAS P. VASAVE

Registration ID : 106417 Published Paper ID: IJLRA6417

Year : Dec-2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : kailasvasavep@gmail.com

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‘DISPARITY IN SENTENCING PROCESS’ BY – GHANISHTHA SHRIVASTAVA

Authors : GHANISHTHA SHRIVASTAVA

Registration ID : 106416 Published Paper ID: IJLRA6416

Year : Dec-2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : ghanishthashri133@gmail.com

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THE THEORY OF CRIMES IN THE LIGHT OF RETRIBUTIVE THEORY AND SOCIOLOGICAL THEORY OF CRIMES CONCERNING VIOLATION OF HUMAN RIGHTS OF CHILDREN BY - KAJAL PRIYA

Authors : KAJAL PRIYA

Registration ID : 106415 Published Paper ID: IJLRA6415

Year : Dec-2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : rrskajal@gmail.com

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DIFFERENTIAL VOTING RIGHTS: THE UNDERLYING LINK BETWEEN ACQUISITIONS AND TAKEOVERS, MANAGERIAL CONTROL, AND OPPRESSION OF MINORITY SHAREHOLDERS BY - BHAKTI MAKHIJA

Authors : BHAKTI MAKHIJA

Registration ID : 106414 Published Paper ID: IJLRA6414

Year : Dec-2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : bhaktimakhija18@gmail.com

Page No : 14 | No of times Downloads: 0065

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International journal for legal research and analysis

Abbreviation:IJLRA

ISSN:2582-6433

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All research articles published INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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[4] Political Research Quarterly by Mayra Vélez Serrano, Kevin M. Wagner

[5] "Separation of Powers in Practice" by Thomas Lundmark: This book explores the meaning and practice of the separation of powers in various countries, including the United States, the United Kingdom, France, and Sweden.

[6] "Constitutional Law: Principles and Policies" by Erwin Chemerinsky

[7] The Separation of Powers in the Indian Constitution" by Granville Austin This article was originally published in the Indian Journal of Public Administration in 1966.

[8] "Separation of Powers in India: A Critical Analysis" by Dr. Ruchi Sharma, published in the Journal of Indian Law and Society (Vol. 11, Issue 2, 2020). This article goes into detail about how the doctrine of separation of powers works in India, focusing on the role of the judiciary in keeping this principle in place,

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[14] "The Separation of Powers and the Principle of Checks and Balances" by Joel K. Goldstein.

[15] "The Constitutional Logic of Affirmative Action" by Ronald J. Krotoszynski Jr.

[16] "The Spirit of the Laws" by Montesquieu, which emphasizes the importance of a stable government for protecting individual liberty and preventing tyranny. Montesquieu believed that a government with separate branches and a system of checks and balances was the best way to ensure stability and prevent sudden shifts in power.

[17] "Separation of Powers in India: Myth or Reality?" by Upendra Baxi, which examines the role of the judiciary in ensuring a separation of powers in the Indian political system.

[18] "Separation of Powers, Checks and Balances, and the Indian Constitution" by A.G. Noorani, which provides an overview of the constitutional provisions related to separation of powers and checks and balances in India and their practical implications.

[19] "The Role of the Judiciary in the Constitutional Amendment Process in India" by A.K. Sen, which analyzes the evolving jurisprudence on the role of the judiciary in reviewing constitutional amendments in India.

[20] "Administrative Law and the Separation of Powers in India" by Arvind P. Datar, which provides an overview of the legal framework governing administrative action in India and its relationship with the doctrine of separation of powers.

[21] "The Impact of the Doctrine of Separation of Powers on Electoral Laws in India" by Sanjeev Kumar gives an overview of the constitutional provisions about separation of powers and how they affect electoral laws in India.

[22] The Federalist Papers, a set of essays written by Alexander Hamilton, James Madison, and John Jay,

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[23] "The Presidency and the Constitution" by Edward S. Corwin, which provides a historical analysis of the

development of the presidency in relation to the system of checks and balances.

[24] A. V. Dicey's "Introduction to the Study of the Law of the Constitution" is a seminal work on the UK constitution and is widely regarded as a classic text on the subject. The book explains the idea of parliamentary sovereignty, which is the basis of the UK constitution, and talks about how the judiciary interprets and enforces the law

[25] "The Canadian Constitution" by Patrick J. Monahan and Byron Shaw, which provides an overview of the Canadian constitutional system and explains how the different branches of government interact with each other. The book talks about things like how the federal government and the provinces share power, how the courts interpret the Constitution, and the principles of responsible government.

[26] "German Law Journal" publishes articles on various aspects of German law and legal theory, including constitutional law and the separation of powers.

[27] "The German Constitution: A Comparative Study" by Donald P. Kommers and Russell A. Miller and "Constitutional Law in Germany" by Horst Dreier provide in-depth analysis and commentary on the principles of separation of powers and checks and balances in the German system of government.

[28] "The Federal Constitutional Court of Germany: A Guide to its Practice and Jurisprudence" by Michaela Hailbronner and Philipp Dann

[29] "Democracy in America" by Alexis de Tocqueville,

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[2] The Navhind Times (2011), “DTC to come into force from April 2012”, The Navhind Times, 9 December.

[3] International Monetary Fund, https://www.imf.org/Publications/fandd/issues/2020/12/what-is-the-informal-economy-basics (Last Visited May 23, 2023).

[4] GST officers detect Rs 7,421 crore tax evasion in April-June; recover Rs 1,920 crore, The Economic Times, (May 23, 2023, 05:56 PM), https://economictimes.indiatimes.com/news/economy/finance/gst-officers-detect-rs-7421-crore-tax-evasion-in-april-june-recover-rs-1920-crore/articleshow/85004716.cms?from=mdr.

[5] Revenue foregone to corporates estimated at Rs 99,842.06 cr in 2019-20, The Economic Times, (May 22, 2023, 02:55 PM), https://m.economictimes.com/markets/stocks/news/revenue-foregone-to-corporates-estimated-at-rs-99842-06-cr-in-2019-20/articleshow/80634746.cms.

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[6] Constituent Assembly Debates Book No.2, Vol. No. VII Second Print 1989, p. 959.

[16] The State Of Tamil Nadu Rep. By ... vs K. Balu & Anr CIVIL APPEAL Nos .12164-12166.

[19] Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr. (Writ Petition (Civil) 135 of 1970).

[20] https://www.britannica.com/topic/judicial-review.

[21]https://en.wikipedia.org/wiki/Kesavananda_Bharati_v._State_of_Kerala#:~:text=Kesavananda%20Bharati%20Sripadagalvaru%20%26%20Ors.,doctrine%20of%20the%20Indian%20Constitution.

[22] https://www.desikanoon.co.in/2021/10/the-curious-case-of-casus-omissus.html.

[23] Article 142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

[24]Meaning:https://en.wikipedia.org/wiki/Kritarchy#:~:text=Kritarchy%2C%20also%20called%20kritocracy%2C%20was,a%20united%20monarchy%20under%20Saul.

[25] Article (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal 2 [on the recommendation of the National Judicial Appointments Commission referred to in article 124A] and shall hold office until he attains the age of sixty-five years: 3 [* * * * *] 4 [Provided that]— (a) a Judge may, by writing under his hand addressed to the President, resign his office; (b) a Judge may be removed from his office in the manner provided in clause (4).

[26] https://vajiramandravi.com/quest-upsc-notes/judicial-activism-and-overreach/.

[28]Article 142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

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[3] Mr. Ashwini Chawla, A Critical Study of the Position of the CEC in the Light of Cases Such as SS Dhanoa V. Union Of India and TN Seshan V. Union Of India, Sept 6, 2004, A Critical Study of the Position of the CEC in the Light of Cases Such as SS Dhanoa V. Union Of India and TN Seshan V. Union Of India (manupatra.com) accessed 1^st November 2023.

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[12] Janhit Abhiyan v Union of India, [2022], Supreme Court of India, (2023) 5 SCC 1; 2022 SCC Online SC 1540, (India).

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[14] Anoop Baranwal v Union of India, [2023], Supreme Court of India, (2023) 6 SCC 161, (India).

[15] Prime Minister Atal Bihari Vajpayee: Motion of Confidence 28^th May 1996, Parliament of India, Digital Library, https://eparlib.nic.in/handle/123456789/809245?view_type=browse, accessed 1^st November 2023.

[1] Veena Bhasin, “Status of Tribal Women in India”, STUDIES ON HOME AND COMMUNITY SCIENCE, 1:1, 1-16, DOI: 10.1080/09737189.2007.11885234 (Visited on October 9, 2022)

[2] Kamal Misra and Jenet Lowry (eds.), RECENT STUDIES ON INDIAN WOMEN, 1st ed. 2007, p. 64

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[5] Bala SM, Thiruselvakumar D. Overcoming problems in the practice of public health among tribals of India. INDIAN J COMMUNITY MED. 2009 Oct;34(4):283-7. doi: 10.4103/0970-0218.58383. PMID: 20165618; PMCID: PMC2822185. (Visited on October 9, 2022)

[2] Damayanti Bhattacharjee, ‘Disparity in sentencing policy in India’ Vol 3 Issue 4 INTERNATION JOURNAL OF LAW MANAGEMENT AND HUMANITIES, pg. 1108 – 1110 (2020).

[3] Dhananjoy Chatterjee v. State of W.B., (2004) 9 SCC 751.

[4] Santosh Kumar Singh vs. State Through CBI, 2007 CriLJ 964, 133 (2006) DLT 393.

[8] Hussainara Khatoon (I) v. Home Secy., State of Bihar, (1980) 1 SCC 81.

[9] Tuka Ram vs. State of Maharashtra, 979 AIR 185 1979 SCR (1) 810 1979 SCC (2) 143 ACT.

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[17] P. Chidambaram v. Central Bureau of Investigation, 2018 SCC OnLine Del 13340.

[19] Sidharth Vashisht v. State NCT of Delhi. AIR 2010 SC 2352.

[1] HENRY CAMPBELL, BLACK LAW’S DICTIONARY, 4th Ed.-29, 1968.

[3] Thomas B.Marvell, Carlisle E. Moddy, 7,Age Structure and crime rates: The conflicting Evidence, JOURNAL OF QUANTITATIVE CRIMINOLOGY (1991).

[4] THOM BROOKS, PUNISHMENT 20 (1st, Taylor & Francis, 2012).

[6] Karl Thompson, Labelling Theory of Crime, REVISE SOCILOGY, November 17, 2021. https://revisesociology.com/2016/08/20/labelling-theory-crime-deviance/

[7] HOWARD BECKER, OUTSIDERS: STUDIES IN THE SOCIOLOGY OF DEVIANCE, (New York free Press, 1963).

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[10] 90/1997/874/1086, Judgment of 28 October 1998.

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[12] Judgment of Sept. 18, 2003, (Ser. C) No. 100 (2008)

[13] Judgment of September 2, 2012, (Ser. C) No. 112.

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[21] HALSBURY LAW OF ENGLAND, 482 (4^th Edition: Vol.II, 2013).

^{^[1]} ‘The New York Times Company’ (The New York Times, 30 April 2012) https://archive.nytimes.com/dealbook.nytimes.com/2012/04/ accessed 31 October 2023

^{^[2]}(Harvard Business Law Review (HBLR)) https://journals.law.harvard.edu/hblr/ accessed 31 October 2023

^{^[3]}(Corporate control, dual class, and the limits of judicial review - jstor) https://www.jstor.org/stable/26915804 accessed 31 October 2023

^{^[4]} (Corporate control, dual class, and the limits of judicial review - jstor) https://www.jstor.org/stable/26915804 accessed 31 October 2023

^{^[6]}(Corporate control, dual class, and the limits of judicial review - jstor) https://www.jstor.org/stable/26915804 accessed 31 October 2023

^{^[7]}(Corporate control, dual class, and the limits of judicial review - jstor) https://www.jstor.org/stable/26915804 accessed 31 October 2023

^{^[8]}(Corporate control, dual class, and the limits of judicial review - jstor) https://www.jstor.org/stable/26915804 accessed 31 October 2023

^{^[9]} (Corporate control, dual class, and the limits of judicial review - jstor) https://www.jstor.org/stable/26915804 accessed 31 October 2023

^{^[13]} (Jenkins Committee on company law - JSTOR) https://www.jstor.org/stable/41139654 accessed 31 October 2023

[15] Elder v. Elder & Watson Ltd.,1952 S.C. 49,57

[16] Rubner A, The Ensnared Shareholder: Directors and the Modern Corporation (Penguin 1966)

^{^[20]} ‘In Facebook Deal for Instagram, Board Was All but out of Picture’ (The Wall Street Journal, 29 October 2012) https://www.wsj.com/articles/SB10001424052702304818404577350191931921290\> accessed 31 October 2023

^{^[21]} ‘In Facebook Deal for Instagram, Board Was All but out of Picture’ (The Wall Street Journal, 29 October 2012) https://www.wsj.com/articles/SB10001424052702304818404577350191931921290 accessed 31 October 2023

^{^[22]} ‘In Facebook Deal for Instagram, Board Was All but out of Picture’ (The Wall Street Journal, 29 October 2012) https://www.wsj.com/articles/SB10001424052702304818404577350191931921290\ accessed 31 October 2023

IJLRA	N. Raj Kumar ; Kamble Shivadayal . "Design of Fault Tolerance Parallel FFT’s Using Xilinx 14.5v" Iconic Research And Engineering Journals Volume 5 Issue 8 2022 Page 1-6
IEEE	N. Raj Kumar ; Kamble Shivadayal . "Design of Fault Tolerance Parallel FFT’s Using Xilinx 14.5v" Iconic Research And Engineering Journals, 5(8)

SEPARATION OF POWER IN THE INDIAN CONSTITUTION: A COMPARATIVE STUDY WITH THE US, BRITAIN, CANADA, GERMANY AND OTHERS BY - SURAJ SAMUI

ANALYSIS ON MAINTENANCE OF WIVES, CHILDREN AND PARENTS UNDER INDIAN LAW BY - RUDRAVIR RAJ SHRIYAM

ADMINISTRATION OF JUSTICE IN DOMAIN NAME DISPUTES: CRITICAL ANALYSIS OF DISPUTE RESOLUTION POLICIES (DRPs). BY - DR. AARUSHI BATRA

CORPORATE TAX DISPARITIES IN INDIA: CAUSES AND IMPLICATIONS FOR TAX POLICY BY: SHIVAM GUPTA

SEPARATION OF POWER – STRESS AND STRAIN BY - KRITIK ROSHAN RV & SABARI RAJAN

THE JOURNEY OF ELECTION COMMISSION, FROM 1950 TO 2023, WITH SPECIAL REFERENCE TO THE CASE OF TN SHESHAN. BY - RISHAB. D. GOLANI & PUJITA AGARWAL

ISSUES AND CHALLENGES OF GENDER EQUALITY IN TRIBAL SOCIETY BY - KAILAS P. VASAVE

‘DISPARITY IN SENTENCING PROCESS’ BY – GHANISHTHA SHRIVASTAVA

THE THEORY OF CRIMES IN THE LIGHT OF RETRIBUTIVE THEORY AND SOCIOLOGICAL THEORY OF CRIMES CONCERNING VIOLATION OF HUMAN RIGHTS OF CHILDREN BY - KAJAL PRIYA

DIFFERENTIAL VOTING RIGHTS: THE UNDERLYING LINK BETWEEN ACQUISITIONS AND TAKEOVERS, MANAGERIAL CONTROL, AND OPPRESSION OF MINORITY SHAREHOLDERS BY - BHAKTI MAKHIJA

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[10]The Hindu, DATA-30 crore missing voters in India: Mostly young, urban or migrants, February 11, 2023, https://www.thehindu.com/data/data-30-crore-missing-voters-in-india-mostly-young-urban-or-migrants/article66485421.ece, accessed 31st October 2023.

[11] DATA-30 crore missing voters in India: Mostly young, urban or migrants, February 11, 2023, https://www.thehindu.com/data/data-30-crore-missing-voters-in-india-mostly-young-urban-or-migrants/article66485421.ece, accessed 31st October 2023.

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[10]The Hindu, DATA-30 crore missing voters in India: Mostly young, urban or migrants, February 11, 2023, https://www.thehindu.com/data/data-30-crore-missing-voters-in-india-mostly-young-urban-or-migrants/article66485421.ece, accessed 31^st October 2023.

[11] DATA-30 crore missing voters in India: Mostly young, urban or migrants, February 11, 2023, https://www.thehindu.com/data/data-30-crore-missing-voters-in-india-mostly-young-urban-or-migrants/article66485421.ece, accessed 31^st October 2023.