EDITORIAL

Season’s Greetings!

I am glad to announce the publication of the Vol. 14 No. 01 issue of the Indian Journal of Law and Justice. The Indian Journal of Law and Justice has come a long way in the last one decade from being a national law journal to being an internationally acclaimed journal and from being a mere print version to having a website of its own, namely ijlj.nbu.ac.in. I also announce the indexing of the journal with SCOPUS along with the HeinOnline. Innumerable scholars, academicians and professionals from the field of law as well as other social sciences sector have been relying on this journal for their scholarly publications and have played a pivotal role in their early career success. I along with my highly efficient editorial team pledge to building on the legacy of this journal. We are making an endeavour for online submissions of articles and research papers to improve and expedite peer review. We, as a team, shall continue to remain committed to making it a forum that welcomes scholarship from a diverse and global group of authors, whose ideas are at the cutting edge of law and policy research.

Keeping the trend of the Indian Journal of Law and Justice going, authors across the globe have contributed on varied topical matters and raised relevant and pressing questions in their papers to enrich the journal. The current issue opens with Dr. Alhendi’s paper on “The Disciplinary Sanctions in the Jordinian and French Law” which deals with the power of the administrative authority to determine what constitutes a disciplinarian violation which necessitates disciplinary punishment of public servants in Jordan and France. The issue of combatting international crime is currently one of the most pressing and critical issues of modern international criminal law. Dr. Vadym Popko, who’s from Kyiev, Ukrain, analyses this in his paper entitled “Legal Force of International Criminal Law Norms”.

Papers on various aspects of environment protection, preservation and rehabilitation have yet again taken centre stage in this volume of IJLJ. One of the most pervasive environmental threats in the world is solid waste which includes trash, refuse, garbage and rubbish from residential and business operations. Authors Yahaya and Kehinde have lucidly presented their analyses on solid waste management in United Kingdom and South Africa and the takeaway for Nigeria from these countries in their paper entitled “An Examination of Legal Framework for Solid Waste Disposal and Management in United Kingdom and South Africa: Lesson for Nigeria”. There are papers on other diverse issues on environment like rights of air, groundwater management and environmental pollution. Dr. Kavita Goel’s article on “Conferring the Rights of Air: A Way to Change Social Behaviour in India”, specifically looks into the judgements pronounced by the Supreme Court of India and rightly suggested a shift towards the eco-centric social behaviour from the principles of anthropocentric approach. Again, Prof. Arup Poddar makes a study of the Paris agreement and the sound principle of ‘common but differentiated responsibility and tries to provide a discussion as to how the developing nations will be benefitted from such principle in “A Study of ‘Common but Differentiated Responsibility’ and Paris Agreement”.

In “South Asian Economic Constitutionalism and the (Re) Building of Constitutional Order in South Asia”, Prof. Dilip Ukey and his co-author Adithya Anil Variath have convincingly argued for a need for the South Asian States to develop formative practices that focus on accountable constitutional governance of the economy and strengthening financial institutions. The need and importance of co-operative federalism in India need not be exaggerated. Taking this forward Dr. Manjula S.R. has reviewed the Doctrine of Repugnancy with reference to the much criticised Farm Laws in India in “The Doctrine of Repugnancy, the Constitutional Governance and Judicial Interpretation with reference to Farm Laws in India”. The age old debate over primacy of rights or duties in an evolving legal system like India has been the crux of Dr. Ajay Kumar Sharma’s “Duties or Rights: Should Duties Trump over Rights?” Articles highlighting crucial issues on Live-in Relationship and its morality (Live- in Relationship: Morality, Ethics and Need for Legislation by S. K. Chaturvedi & Shradha Baranwal), recognising LGBTQ rights through persuasive legal instruments in India (The Role of Persuasive Legal Instruments for the Recognition of LGBTQ Rights in India by Prerna Lepcha), individual liberty and public interest and the COVID-19 (A Jurisprudential Study on Individual Liberty v. Public Interest: A Case of COVID- 19 by G. Rajasekar), constitutional morality in judicial appointments (Constitutional Morality and Judicial Appointments in the Higher Judiciary by Paras Chaudhury) and studying potential impact of the National Education Policy on the education of Particular Vulnerable Tribal Groups in India (Implementation of National Education Policy, 2020 amongst Particularly Vulnerable Tribal Groups in India: A Critical Study by Vijoy Kumar Sinha) have endeavoured to establish the changing demands of a rights based society and evolving legal system.

At the backdrop of start-up ventures, Dr. Bharat and Priya Gupta’s paper on “Legal Framework of Single-Member Company in UK vis-à-vis One Person Company in India: A Conceptual Analysis” successfully attempts to trace the journey of One-Person Company in United Kingdom and India.

Citizenship and the dual problems of refugee and migration have occurred in two articles authored by Dr. Satarupa Ghosh and Sriparna Rajkhowa. Apart from the above long articles, two commentaries on impact of child trafficking entitled “Cataclysm within Cataclysm: Do Catasytrophic Events impact Child Trafficking?” by Luvleen and Shikhar Bhardwajnand “Protection of Women from Domestic Violence: Legal Challenges and Issues” by Mun Choudhury and Prof. Madhumita Dhar Sarkar have been included.

Ms. Simantini Sarkar, an independent researcher and freelancer, has contributed her book review on ‘Democrats and Dissenters’ by Ramachandra Guha.

I thank all contributors for their submissions to this edition and their cooperation with the editorial team during the production phase. I express my gratitude again to the entire Editorial Team whose commitment and perseverance made this publication possible.

Suggestions and opinions for the improvement of the journal is solicited.

With Best Wishes

Prof. (Dr.) Rathin Bandhopadhyay
Chief Editor

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NOTES AND COMMENTS

BOOK REVIEW