This paper provides a comprehensive analysis of the conceptual, historical, and procedural frameworks Examining the basis of the right to a clean and healthy environment helps in an increased understanding of the nature of the right which in turn will further the job of devising effective strategies and policies to meet the interests of the environment and make the right a reality. This paper examines four strategies: Firstly protect environment rights by declaring it to be a right. This would protect it from mutilation at the hands of political processes, and thus would be a safer option, but its dimensions have not yet been crystallized. Secondly, it can be protected by making it part and parcel of human rights. Thirdly, the Interest Theory suggests that the interest of the environment must be protected for its own sake by creating such an interest. Fourthly, the notion of Intergenerational Responsibility which establishes that the present generation has an obligation/duty to preserve and protect the environment for a correlative similar right which the future generation enjoys. The article also examines the conflict between environment protection and developmental needs of humanity. Indian courts have referred to traditional Indian philosophy of ‘Dharma’ and have tried to adopt a balancing approach by integrating environment values with developmental values. Any theory that does not resolve the above conflict would clearly be insufficient.
The rapid expansion of online real-money gaming in India has generated a sharp constitutional collision between the State’s power to prohibit activities harmful to public health, order and morality, and residual claims of economic liberty under Article 19(1)(g) and personal autonomy under Article 21. This paper examines that collision after two decisive 2025–26 developments: the Promotion and Regulation of Online Gaming Act, 2025, which imposes a pan-India prohibition on all “online money games” irrespective of skill or chance, and the Supreme Court’s judgment in State of Tamil Nadu v. Junglee Games India Pvt. Ltd., which held that the introduction of monetary stakes converts an activity into betting and gambling under Entry 34 of List II, renders it res extra commercium, and strips it of Article 19(1)(g) protection. The paper argues that the legislative and judicial displacement of the classical skill–chance distinction, anchored in R.M.D. Chamarbaugwala (1957) and subsequent High Court jurisprudence, has produced a uniform prohibition of unprecedented breadth. It examines three interlocking tensions: federal competence arising from Parliament’s occupation of a traditionally State field; proportionality and arbitrariness challenges under Articles 14 and 19(1)(g) now pending in Head Digital Works Pvt. Ltd. v. Union of India; and the normative implications of characterising every smartphone as a “virtual common gambling house.” While the regulatory response rests on legitimate and documented concerns of addiction, financial ruin and money-laundering, its categorical character leaves unresolved questions of overbreadth, legislative competence and the outer limits of economic liberty in the digital economy.
The object of this article is to assess the anti-competitive and pro-competitive effects of patent pooling in light of the competition laws in India. This article also attempts to analyze the interrelation between patent pooling and the legal validity of the same in view of the provisions of the Competition Act, 2002. As patent pooling is a nascent concept on the Indian jurisdiction, there is need for a critical analysis as to how the patent pooling arrangements shall prevail under the Indian antitrust legal structure. Patent pooling may entail numerous economic benefits to the consumer in terms of ease of access to essential goods and also increased competition in the market, however, in absence of adequate regulations the same can also give way to collusive and anti-competitive behavior between horizontal firms competing in the market. Patent pools can also be a case of cross-licensing of patents between horizontal players by way of an agreement which is per se anticompetitive under the competition laws in India. In the light of the above statement, application of the per se rule will be deemed to be inappropriate because of the economically beneficial and pro-competitive effects of patent pools. This article evaluates such effects of patent pooling on competition in the market. The article concludes by stating that patent pooling although not being prima facie anticompetitive in nature, it can be consequentially anti-competitive and adequate guidelines in respect of patent pools are necessary to ensure that the economic benefits are well received and the competition in the market in not diminished to the detriment of the consumer.
The principal of non-refoulment is a key principle under international human rights and proposes for non-deportation of any individual where they might face inhumane treatment or irreparable harm. The migrants in such situations undergo a triple syndrome wherein they are vulnerable and are at risk of facing harm from their native country, non-state entities faced while escaping native country and harm face in destination country. While some nations around the world have adopted this principle, most nations fear that providing refuge to immigrants might lead to breach in their national security. While that may be a valid concern, most nations use this threat as a way of avoiding the infiltration of immigrants in their nation’s population or choose to discriminate between immigrants from different countries based on their nationality, religion, race, etc. The author has delved into the harm faced by immigrants, international frameworks against the same and the security paradigm set up by countries to move their own political agenda. The author has analysed the paper from both a global and an Indian perspective and has further analysed the Indian government and judiciary’s difference of treatment to Rohingyas from Myanmar and refugees fleeing from Afghanistan and has provided for factors involved in formation of a uniform security paradigm.
Rent-to-own scheme is one of the Islamic financing products which have been introduced based on the well-known and widely practiced Islamic concept of transaction, which is ijarah. The purpose of this concept paper is to explain the legal provisions that enable Islamic financial institutions to adopt rent-to-own; and to analyse the elements of ijarah as required by the Shariah are fulfilled in the rent-to-own scheme within the Malaysian context. Two legal issues were discussed, i.e., whether the Islamic banks are entitled to acquire the property and in the event of customer’s death, who shall continue paying the rent to the bank. Few decided cases were discussed in order to illustrate issues that could arise in relation to practical legal aspects of ijarah in Malaysia. This paper concludes that the rent-to-own scheme is in line with Shariah. The Bank Negara Malaysia has issued several guidelines and regulations to further ensure that it is Shariah-compliant. Therefore, such kind of scheme can be utilized by the community, particularly given the benefits or maslahah that it gives to the community
This study aims at highlighting the severe impacts of the COVID-19 pandemic on the audit and assurance processes and procedures. In doing so, desk research is employed to collect data for this study. The researcher drew upon document analysis, literature review, and websites analysis to understand the possible impacts of the pandemic on auditor work. We observed that the COVID-19 had significant implications for the whole audit process, including the emergence of new fraud risks and posing changes in risk assessment and accounting estimates and the required revisions of the previous set audit plans. This has affected both the treatment of subsequent events and the type of opinion issued by the auditor. This study directs auditors' attention and standard setters to the required changes and revisions in the audit process and procedures. This is beneficial in the present exceptional situation for the audit process to match the changes needed in the business society brought about by the COVID-19 pandemic.
