A CRITICAL STUDY ON GENDER DISCRIMINATION FACED BY GIRL CHILD IN ACQUIRING FORMAL EDUCATION IN CHENNAI By - H.Hanish

Authors : H.Hanish

Registration ID : 106145 Published Paper ID: IJLRA61345

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

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Email Id : hanishdaniel2004@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/10.2023-86659313/A CRITICAL STUDY ON GENDER DISCRIMINATION FACED BY

BOOK REVIEW: COURTNEY JUNG’S “LACTIVISM: HOW FEMINISTS AND FUNDAMENTALISTS, HIPPIES AND YUPPIES, PHYSICIANS AND POLITICIANS MADE BREASTFEEDING BIG BUSINESS AND BAD POLICY” BY: SUBHAM CHAUHAN

Authors : SUBHAM CHAUHAN

Registration ID : 106144 Published Paper ID: IJLRA61344

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

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Email Id : chauhan.subham52@gmail.com

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EXAMINING THE HURDLES IN REMOVING THE ARTICLE 370 A CLOSER LOOK AT THE CASE HEARINGS BY - HARIHARAN S

Authors : HARIHARAN S

Registration ID : 106143 Published Paper ID: IJLRA61343

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

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Email Id : hariadvocate26@gmail.com

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EXPLORING THE EVOLUTION OF BIOSOCIAL CRIMINOLOGY: SOCIOHISTORICAL ORIGINS, CORE ASSUMPTIONS, AND ITS TRANSFORMATIVE INFLUENCE ON CRIMINAL JUSTICE PRACTICES BY - PRABHBIR SINGH MANN

Authors : PRABHBIR SINGH MANN

Registration ID : 106142 Published Paper ID: IJLRA6142

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

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Email Id : prabhbirsinghmann@gmail.com

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CONSTITUTIONAL SAFEGUARDS TO CIVIL SERVANTS BY - TARUNA NAYYAR

Authors : TARUNA NAYYAR

Registration ID : 106141 Published Paper ID: IJLRA6141

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

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Email Id : tarunanayyar1994@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/10.2023-22358357/CONSTITUTIONAL SAFEGUARDS TO CIVIL SERVANTS

THE EFFECTIVENESS OF THE INDIAN JUDICIARY IN SUPPORTING ARBITRATION: COMPREHENSIVE STUDY By: Beeda Rashmitha Rani Yadav

Authors : Beeda Rashmitha Rani Yadav

Registration ID : 106140 Published Paper ID: IJLRA6140

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

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Email Id : rashmitha.20bal7006@vitap.ac.in

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Doi Link : https://www.doi-ds.org/doilink/10.2023-95556887/THE EFFECTIVENESS OF THE INDIAN JUDICIARY IN SUPPO

POWER AND POSITION OF RAJYA SABHA AND THE U.S. SENATE: A COMPARATIVE STUDYBY - DEV DHAR DUBEY

Authors : DEV DHAR DUBEY

Registration ID : 106139 Published Paper ID: IJLRA6139

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

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REMOVING THE VEIL OF THE ANTI-DEFECTION LAW IN INDIA BY - MAZIA SIDDIQUI & ABUBAKAR SHAMSI

Authors : MAZIA SIDDIQUI & ABUBAKAR SHAMSI

Registration ID : 106137 Published Paper ID: IJLRA6137 & IJLRA6138

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

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INTERNATIONAL INVESTMENT ARBITRATION UNDER ICSID – ENFORCEMENT AND APPEAL MECHANISM BY - DHARUN LAKSHMAN

Authors : DHARUN LAKSHMAN

Registration ID : 106136 Published Paper ID: IJLRA61336

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Doi Link : https://www.doi-ds.org/doilink/10.2023-53693831/INTERNATIONAL INVESTMENT ARBITRATION UNDER ICSID ?

UNRAVELING THE LEGAL TAPESTRY: EXPLORING ABORTION LAWS IN INDIA FROM A JURISPRUDENTIAL PERSPECTIVE BY - PRATISTHA PRIYADARSHI & ARUNAV

Authors : PRATISTHA PRIYADARSHI & ARUNAV

Registration ID : 106134 Published Paper ID: IJLRA6134 & IJLRA6135

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

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Doi Link : https://www.doi-ds.org/doilink/10.2023-61289915/UNRAVELING THE LEGAL TAPESTRY: EXPLORING ABORTION

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[2] Lori Gottlieb, ‘Lactivism,’ by Courtney Jung, The New York Times, December 14, 2015, https://www.nytimes.com/2015/12/20/books/review/lactivism-by-courtney-jung.html (last visited Oct 14, 2023).

[3] Chantal Bayard, Book review: Lactivism: How feminists and fundamentalists, hippies and yuppies, and physicians and politicians made breastfeeding big business and bad policy, 115 Feminist Review 186–188 (2017).

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[7] Mala Htun, Lactivism: How feminists and fundamentalists, hippies and yuppies, and physicians and politicians made breastfeeding big business and bad policy. by Courtney Jung. New York: Basic books, 2015. 258P. $26.99., 15 Perspectives on Politics 584–586 (2017).

[8] “Breastfeeding: Supporting Women vs. Lactivism” – with Courtney Jung PART 1, Healthful Women, https://healthfulwoman.com/podcasts/breastfeeding-supporting-women-vs-lactivism-with-courtney-jung-part-1/ (last visited Oct 12, 2023).

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[2] Gauri Kashyap, Supreme Court Hears Challenge to Abrogation of Article 370 | Day 1, SCO(2rd Aug 2023), https://www.scobserver.in/journal/supreme-court-hears-challenge-to-abrogation-of-article-370-day-1/ accessed 1st October 2023.

[3] Gauri Kashyap , Supreme Court Hears Challenge to Abrogation of Article 370 | Day 2, SCO (4th Aug 2023), https://www.scobserver.in/journal/supreme-court-hears-challenge-to-abrogation-of-article-370-day-2/ accessed 1^st October 2023.

[4] R. Sai Spandana and Gauri Kashyap , Abrogation of Article 370 | Day 5: Union Had No Authority to Dismantle Autonomy of J&K, SCO (10th Aug 2023), https://www.scobserver.in/reports/abrogation-of-article-370-day-5/ accessed 2nd October 2023.

[5] https://books.google.de/books?id=qcNAEAAAQBAJ accessed 4th October 2023.

[6] Gauri Kashyap , Supreme Court Hears Challenge to Abrogation of Article 370 | Day 6, SCO (16th Aug 2023), https://www.scobserver.in/journal/10299/ accessed 5th October 2023.

[7]Gauri Kashyap and R. Sai Spadana , Supreme Court Hears Challenge to Abrogation of Article 370 | Day 8&9, SCO (29th Aug 2023), https://www.scobserver.in/journal/supreme-court-hears-challenge-to-abrogation-of-article-370-day-8-9/ accessed 6th October 2023.

[8] Advay Vora and Gauri Kashyap , Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 11, SCO (30th Aug 2023), https://www.scobserver.in/journal/supreme-court-hears-challenge-to-the-abrogation-of-article-370-day-11/ accessed 8th October 2023.

[9]Advay Vora and Sushovan Patnaik , Abrogation of Article 370: Arguments Matrix, SCO( 13th Sep 2023),

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[10] Advay Vora and Gauri Kashyap , Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 12, SCO (31th Aug 2023),https://www.scobserver.in/journal/supreme-court-hears-challenge-to-the-abrogation-of-article-370-day-12/ accessed 10th October 2023.

[11] Gauri Kashyap , Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 13,, SCO (1st Sep 2023),https://www.scobserver.in/journalsupreme-court-hears-challenge-to-the-abrogation-of-article-370-day-13/ accessed 11th October 2023.

[12] Gauri Kashyap , Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 14, SCO (5st Sep 2023), https://www.scobserver.in/journal/supreme-court-hears-challenge-to-the-abrogation-of-article-370-day-14/ accessed

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[13] Gauri Kashyap , Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 15, SCO (8^th Sep 2023), https://www.scobserver.in/journal/supreme-court-hears-challenge-to-the-abrogation-of-article-370-day-15/ accessed

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[14] Maqbool Damnoo vs. State of J&K 19721972 AIR 963, 1972 SCR (2)1014

[1] Harris, K.M. and McDade, T.W., (2018). The biosocial approach to human development, behaviour, and health across the life course. RSF: The Russell Sage Foundation Journal of the Social Sciences, 4(4), pp.2-26.

[2] Wright, J.P. and Boisvert, D., (2009). What biosocial criminology offers criminology. Criminal Justice and Behavior, 36(11), pp.1228-1240.

[3] Beaver, K., (2017). Biosocial theories of crime. Routledge.

[5] Treiber, K., (2017). Biosocial criminology and models of criminal decision making. The Oxford handbook of offender decision making, 6, p.87.

[6] Carrier, N. and Walby, K., (2014). PTOLEMIZING LOMBROSO THE PSEUDO-REVOLUTION OF BIOSOCIAL CRIMINOLOGY. Journal of Theoretical & Philosophical Criminology, 6(1).

[7] Berryessa, C.M. and Raine, A., (2018). Neurocriminology. In The Routledge Companion to Criminological Theory and Concepts (pp. 78-82). Routledge.

[8] Goring, C., (1913). The English convict: A statistical study. HMS. p.370

[9] Bedoya, A. and Portnoy, J., (2022). Biosocial Criminology: History, Theory, Research Evidence, and Policy. Victims & Offenders, pp.1-31.

[10] Fishbein, D.H., (2017). Biological perspectives in criminology. In Biosocial Theories of Crime (pp. 3-48). Routledge.

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[1] Article 309 of The Constitution of India 1950

[2] State of Karnataka & Ors. v. Ameerbi & Ors., 2006 (13) SCALE 319

[3] Doctrine of Pleasure – An Analytical Study, Available at https://www.lawctopus.com/academike/doctrine-of-pleasure/#_ednref8 ( Last Accessed on 18^th April 2019)

[4] Prof M P JAIN Indian Constitutional Law (LEXISNEXIS Butterworths Wadhwa Nagpur Fifth Ed.2008) at 1428

[5] T. K. Rangarajan V. Government of Tamil Nadu, AIR 2003 SC 3032

[7] Constitutional Protection to Civil Servants, By Dr. A. Prasanna

[8] Radin, Anglo- American Legal History, 228 (1936)

[11] Article 310(1) of The Indian Constitution, 1950

[13] Prof M P JAIN Indian Constitutional Law (LEXISNEXIS Butterworths Wadhwa Nagpur Fifth Ed.2008) at 1431

[16] Sher Singh v. State of M.P, AIR 1955 Nag. 175

[18] Dr. J.N.PANDEY The Constitutional Law of India (Central Law Agency Allahabad 45th Ed. 2008) at 656

[20] Bachubha Ramsinghji v. Shivlal, AIR 1970 Guj. 180

[21]Mahesh v. State of Uttar Pradesh AIR 1955 SC 70

[23] Article 311(2) of the Constitution of India, 1950

[24] Dr. J.N.PANDEY The Constitutional Law of India (Central Law Agency Allahabad 45th Ed. 2008) at 657

[27]Divisional Personnel Officer. Western Railway V. Sunder Das AIR 1981 SC 2177

[31] Dr. J.N.PANDEY The Constitutional Law of India (Central Law Agency Allahabad 45th Ed. 2008) at 656

[32] Khem Chand V. Union of India, AIR 1958 SC 300

[34]Managing Director, ECIL v. B. Karunakar, 1993(4) SCC 727

[36] Art. 311(2) (a) of the Constitution of India, 1950

[37] Art. 311 (2) (b) of the Constitution of India, 1950

[38] Art. 311 (2) (c) of the Constitution of India, 1950

[41] Dy. Director of Collegiate education, Madras v. S. Nagoor Meera AIR 1995 SC 1364

[43] Union of India V. Tulsiram Patel, AIR 1985 SC 1416

[45] Satyavir Singh V. Union of India, 1985 (4) SCC 252

[46] People’s Union for Civil Liberties V. Union Of India, AIR 1997 SC 1203

[47] J.C. Johari, The Constitution of India, A Politico-Legal Study, p. 321

[49] Article 311(3) of the Constitution of India, 1950

[50] Union of India V. Tulsiram Patel, AIR 1985 SC 1416

[51] Jaswant Singh V. State of Punjab, AIR 1991 SC 385

[52] Union of India v. Sunil Kumar Sarkar, AIR 2001 SC 1092

[53] International Journal of Trend in Scientific Research and Development (IJTSRD)

[54] I. P. Massey, Administrative Law (2003), pp.161-212

^{^[1]} Kumar A and others, ‘Interpretation and Application of the New York Convention in India’ [2017] Recognition and Enforcement of Foreign Arbitral Awards 445

[2] National Aluminium Co. Ltd. v. Pressteel & Fabrications (P) Ltd (2004) 1 SCC 540

[3] See BALCO, (2012) 9 SCC 552, ¶¶ 194–197 (India) (this is manifest in the discussion in BALCO wherein the Court overruled Bhatia International?s position that the provisions of Part I of the Arbitration Act can be used in foreign seated arbitrations).

[4] See Bhatia Int?l v. Bulk Trading S.A., (2002) 4 SCC 105, ¶¶ 21, 32 (India) [hereinafter “Bhatia International”] (the Bhatia International principle was that the Indian Courts will exercise jurisdiction over interim applications and challenges resulting from arbitrations, unless the intention of the parties was to expressly or impliedly oust the jurisdiction of Indian courts. This means that the Indian Courts would exercise concurrent jurisdiction, along with the courts of the seat of the arbitration).

[5] Hardy Exploration, (2019) 13 SCC 472, ¶¶ 26–27 (India); See United Nations Commission on International Trade Law (UNCITRAL), Model Law on International Commercial Arbitration, G.A. Res. 40/72, U.N. Doc. A/RES/40/72 (Dec. 11, 1985), as amended by G.A. Res. 61/33, U.N. Doc. A/RES/61/33 (Dec. 18, 2006) [hereinafter “Model Law”] (the Model Law is similar to the ICC Rules as it also gives the arbitral tribunal the right to decide the seat if the parties have not already specified it).

[6] See Ssangyong Engineering & Construction Co. Ltd. v. National Highways Authority of India (NHAI) 2019 SCC OnLine SC 677, the Supreme Court elucidated and interpreted the grounds for setting aside an award when the party was unable to present its case under Section 34(2)(a)(iii) of the Arbitration & Conciliation Act, 1996 (‘Act’), when arbitral award deals with a dispute not contemplated or falling within the terms of submission under Section 34(2)(a)(iv) of the Act, when the award is in conflict with the public policy of India as provided under Explanation 1 & 2 of Section 34(2)(b)(ii) of the Act and what constitutes patent illegality appearing on the face of the award under Section 34(2A) of the Act.

[7] 1.3 In these Rules: “Award” includes a partial, interim or final award and an award of an Emergency Arbitrator”

[8] See 2019 (8) SCC 714 “appointment of an arbitrator is a judicial power and is not a mere administrative function leaving some degree of judicial intervention; when it comes to the question to examine the existence of a prima facie arbitration agreement, it is always necessary to ensure that the dispute resolution process does not become unnecessarily protracted.”

[9] See Bharat Aluminium Co. v. Kaiser Aluminium Tech. Servs., Inc. (2012) 9 SCC 552, ¶¶ 95 (India); the term “subject matter of the arbitration” cannot be confused with “subject matter of the suit”. The term “subject matter” in Section 2(1)(e) is confined to Part I. It has a reference and connection with the process of dispute resolution. Its purpose is to identify the courts having supervisory control over the arbitration proceedings. Hence, it refers to a court which would essentially be a court of the seat of the arbitration process. In our opinion, the provision in Section 2(1)(e) has to be construed keeping in view the provisions in Section 20 which give recognition to party autonomy.

[10] See Bharat Aluminium Co. v. Kaiser Aluminium Tech. Servs., Inc. (2012) 9 SCC 552, ¶¶ 71–76, 95–117 (India) [hereinafter “BALCO”].

[11] Enercon (India) Ltd & Ors v Enercon GmBH & Anr (2014) 5 SCC 1, ¶¶20 (India); “In the present case, even though the venue of arbitration proceedings has been fixed in London, it cannot be presumed that the parties have intended the seat to be also in London. In an International Commercial Arbitration, venue can often be different from the seat of arbitration. In such circumstances, the hearing of the arbitration will be conducted at the venue fixed by the parties, but this would not bring about a change in the seat of the arbitration”.

[12] See Vijay Karia & Ors. v. Prysmian Cavi E Sistemi SRL & Ors. 2020 SCC OnLine SC 177, ¶¶ 85 (India); “if a foreign award fails to determine a material issue which goes to the root of the matter or fails to decide a claim or counter-claim in its entirety, the award may shock the conscience of the Court [and its enforcement may be refused] on the ground of violation of the public policy of India, in that it would then offend a most basic notion of justice”.

[14] See BGS SGS Soma JV vs. NHPC Ltd. [2019 SCC Online SC 1585], ¶¶ 25-30 (India)

[15] 34 Application for setting aside arbitral award. —

(2) An arbitral award may be set aside by the Court only if—

(b) the Court finds that—

(ii) the arbitral award is in conflict with the public policy of India.

Explanation. —Without prejudice to the generality of sub-clause (ii) it is hereby declared, for the avoidance of any doubt, that an award is in conflict with the public policy of India if the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81.

[16] 48. Conditions for enforcement of foreign awards.—

(2) Enforcement of an arbitral award may also be refused if the Court finds that—

(b) the enforcement of the award would be contrary to the public policy of India. Explanation.—Without prejudice to the generality of clause (b) of this section, it is hereby declared, for the avoidance of any doubt, that an award is in conflict with the public policy of India if the making of the award was induced or affected by fraud or corruption.

[17] See Renusagar Power Company Ltd. v. General Electric Company 1994 Supp (1) SCC 644, ¶¶ 27, (India).

[18] See Renusagar Power Company Ltd. v. General Electric Company 1994 Supp (1) SCC 644, ¶¶ 66, (India); Article V(2)(b) of the New York Convention of 1958 and Section 7(1)(b)(ii) of the Foreign Awards Act do not postulate refusal of recognition and enforcement of a foreign award on the ground that it is contrary to the law of the country of enforcement and the ground of challenge is confined to the recognition and enforcement being contrary to the public policy of the country in which the award is set to be enforced. There is nothing to indicate that the expression "public policy" in Article V(2)(b) of the New York Convention and Section 7(1)(b)(ii) of the Foreign Awards Act is not used in the same sense in which it was used in Article I(c) of the Geneva Convention of 1927 and Section 7(1) of the Protocol and Convention Act of 1937. This would mean that "public policy" in Section 7(1)(b)(ii) has been used in a narrower sense and in order to attract to bar of public policy the enforcement of the award must invoke something more than the violation of the law of India. Since the Foreign Awards Act is concerned with recognition and enforcement of foreign awards which are governed by the principles of private international law, the expression "public policy" in Section 7(1)(b)(ii) of the Foreign Awards Act must necessarily be construed in the sense the doctrine of public policy is applied in the field of private international law. Applying the said criteria it must be held that the enforcement of a foreign award would be refused on the ground that it is contrary to public policy if such enforcement would be contrary to (i) fundamental policy of Indian law; or (ii) the interests of India; or (iii) justice or morality."

[19] See ONGC v. Saw Pipes 2003 (5) SCC 705, ¶¶ 31, (India); "In our view, the phrase "public policy of India"...is required to be given a wider meaning. It can be stated that the concept of public policy connotes some matter which concerns public good and the public interest. What is for public good or in public interest or what would be injurious or harmful to the public good or public interest has varied from time to time. However, the award which is, on the face of it, patently in violation of statutory provisions cannot be said to be in public interest. Such award/judgment/decision is likely to adversely affect the administration of justice. Hence, in our view in addition to narrower meaning given to the term "public policy" in Renusagar case it is required to be held that the award could be set aside if it is patently illegal. The result would be – award could be set aside if it is contrary to:

(a) fundamental policy of Indian law; or

(b) the interest of India; or

(d) in addition, if it is patently illegal.

Illegality must go to the root of the matter and if the illegality is of trivial nature it cannot be held that award is against the public policy. Award could also be set aside if it is so unfair and unreasonable that it shocks the conscience of the court. Such award is opposed to public policy and is required to be adjudged void."

[20] Section 28(2) specifically provides that arbitrator shall decide ex aequo et bono [according to what is just and good] only if the parties have expressly authorised him to do so. Similarly, if the award is patently against the statutory provisions of law which is in force in India or is passed without giving an opportunity of hearing to the parties as provided under Section 24 or without giving any reason in a case where parties have not agreed that no reasons are to be recorded, it would be against the statutory provisions. In all such cases, the award is required to be set aside on the ground of ’patent illegality’

[21] Clause 13 which provides for the dispute redressal clause can be broadly classified into the following three parts:

1. Disputes with regards to quantum of claim shall be referred to an arbitrator, to be appointed by the procedure prescribed therein.

2. No reference to arbitration if the insurer denies its liability.

3. Obtaining of arbitral award to be condition precedent to initiating any right of action or suit against the policy.

²³See Phulchand Exports Ltd. v. O.OO. Patriot, (2011) 10 SCC 300, ¶¶ 12

[23] See Shri Lal Mahal Ltd. v. Progetto Grano Spa, (2014) 2 SCC 433,¶¶29, that expression “public policy of India” under Section 48(2)(b) is narrow and limited to the extent of[11]: (i) Fundamental policy of Indian law. (ii) Interests of India. (iii) Justice and morality. However, the Arbitration and Conciliation (Amendment) Act, 2015 with regard to enforcement of foreign awards added Explanation to Section 48(2)(b) and thereby clarifying when an award shall be considered to be in conflict with “public policy of India”.

[24]See Venture Global Engineering v. Satyam Computer Services, (2008) 4 SCC 190.

[1] National Labour Relations Board v. Noel Canning (D.C. Cir. 2013) 705 F.3d 490, cert. granted, 133 S. Ct. 2861 (2013).

[2] David J. Arkush, ‘The Senate and the Recess Appointments’ 127 Harv. L. Rev. F. 1 <The Senate and the Recess Appointments - Harvard Law Review> accessed 18 October 2022

[3] Nirmala, ‘Why and how is the US senate more powerful than the Rajya Sabha and the British House of Lords?’ <Why and how is the US senate more powerful than the Rajya Sabha and the British House of Lords? (preservearticles.com)> accessed 18 October 2022

[4] David J. Arkush, ‘The Senate and the Recess Appointments’ 127 Harv. L. Rev. F. 1 <The Senate and the Recess Appointments - Harvard Law Review> accessed 18 October 2022

[5] Abhishek Mohanty, ‘Domicile Requirement in Rajya Sabha vis-à-vis Federalism’ (February 5, 2015) < Domicile Requirement in Rajya Sabha vis-à-vis Federalism - Academike (lawctopus.com)> accessed 18 October 2022

[6] J.W. Creswell, ‘Qualitative inquiry and research design: Choosing among various approaches’ (2nd edn, Thousand Oaks, CA Sage (2007) )

[8] Will Kenton, 'Bicameral System: What It Is, How It Works, History in U.S.' (Investopedia, 21 September 2021) accessed 1November 2022

[9] Robert Longley, 'The Great Compromise of 1787' (ThoughtCo, 2 February 2022) accessed 1 November 2022

[10] S. S. Nanda, Bicameralism in India (New Era Publications, 1st edn, 1988) <https://openlibrary.org/books/ol2168778m/bicameralism_in_india> accessed 1 November 2022

[13] M. Laxmikant, Indian Polity (Mac Graw Hill, 6 edn, 2020)

[21] The Constitution of United States of America 1789, Art 1, s 3(1)

[23] The Constitution of United States of America 1789, Art 1, s 6

[29] The Constitution of United States of America 1789, Art 1, s 3

[31] The Constitution of United States of America 1789, Art 1, s 5

[33] US Senate, ‘Power and Procedure’ <U.S. Senate: Powers and Procedures> accessed 1 November 2022

[36] Kuldip Nayar v. Union of India [2006] SC 3127

[37] US Senate, ‘Composition’ < U.S. Senate> accessed 1 November 2022

[38] The Constitution of United States of America 1789 (17^th Amendment, 1913)

[43] US Senate, ‘Composition’ <U.S. Senate> accessed 1 November 2022

[1] Author is a 2^nd Year Student of B.A. LL. B (Hons.) at Jamia Millia Islamia, New Delhi, India.

[2] Author is a 3^rd Year Student of B.A. LL. B (Hons.) at Jamia Millia Islamia, New Delhi, India.

[3] K.N. Singh, Anti-Defection law and Judicial Review 38 JPI 31 (1992).

[4] J.K. Mittal, Anti-Defection Act: A comment on its Constitutionality (1987) 3 SCC(J) 25 at 26.

[5] Gulab Gupta, Anti-Defection law-An Introspection, 1966 (IX) CILQ 127 at 130.

[6] The J&K Representation of Peoples Act, 1957 (Act No. IV of 1957), Sec. 24- G.

[8] The Constitution of India, Schedule X, Para. 2 & 1 (a), (b).

[9] The Constitution of India, Schedule X, Para. 2 (2).

[13] The Constitution of India, Schedule X, Para. 3.

[15] The Constitution of India, Schedule X, Para. 6

[16] The Constitution of India, Schedule X, Para. 7

[25] The Constitution of India, Schedule X, Para. 2 (1) (b).

[28] The Constitution of India, Schedule X, Para. 2 (3)

[29] The Constitution of India, Schedule X, Para. 4

[34] Law Commission of India, 170th Report on Reform of Electoral Laws, available at, http://www.lawcommissionofindia.nic.in/lc170.htm - last visited on April 8, 2010

[1] Herbert Read Quotes. BrainyQuote.com, BrainyMedia Inc, 2022. https://www.brainyquote.com/quotes/herbert_read_261755, accessed October 22, 2022.

[2] ICSID Convention, Article 21 and ICSID Convention, Article 22

[6] ICSID Convention, Article 49 and ICSID Convention, Article 52

[9] ICSID Convention, Article 62 and ICSID Convention, Article 63

[13] Thomas W Walsh, 'Substantive Review of ICSID Awards: Is the Desire for Accuracy Sufficient to Compromise Finality' (2006) 24 BJIL 444 accessed on 20 October 2022.

[15] Eiser and infrastructure services v. Spain ,[2020] FCA 157

[1] Dworkin, Ronald. “Feminism and Abortion”. The New York Review of Books, June 10, 1993, 27-29.

[2] Berer, Marge,(2017), “Abortion Law and Policy Around the World: In Search of Decriminalization.” Health and Human Rights, vol. 19, no. 1, pp. 13–27.

[3] Ravi Singh Chhikara and Karman Kaur, (2020), The Conflicting Jurisprudence Behind the Laws on Abortion, International Journal of Law and Jurisprudence, Vol 3, No 2, pp-13-27.

[4] Berer, Marge, (2017), “Abortion Law and Policy Around the World: In Search of Decriminalization.” Health and Human Rights, vol. 19, no. 1, pp. 13–27.

[5] Grimes DA, Stuart G. Abortion jabberwocky: “The Need for Better Terminology. Contraception”.

[6] Sedgh G, Singh S, Shah IH, Åhman E, Henshaw SK, Bankole A: “Induced abortion: Incidence and Trends Worldwide from 1995 To 2008”

[7] Bankole A, Singh S, Haas T: “Reasons why women have induced abortions: evidence from 27 countries.

[8] Universal Declaration of Human Rights, Dec. 10, 1948, G.A. Res. 217 A (III), U.N. Doc.A/810 (1948), availableat: http://www.un.org/Overview/rights (last visited on Dec 16, 2020).

[10] William Saunders, “The ABC of International Right to Abortion”, available at: http://www.humanlifereview.com/index.php/archives/52-2010-summer/113-the-abcs-of-an-international-right- toabortion (last visited on Dec 16, 2020).

[11] International Covenant on Civil and Political Rights, art. 6.

[13] International Covenant on Civil and Political Rights, art. 1.

[14] Bhavish Gupta Meenu Gupta, (2016), Socio Cultural Aspect of Abortion in India: Law, Ethics and Practices, ILI law Review, pg-140-150.

[15] Convention on Elimination of All Forms of Discrimination Against Women, Article 12.

[16] Article 21- Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.

[17] Garima Tripathi, “Legacy and Legality of Abortion in India and in USA”, Available at: https://ssrn.com/abstract=3636238, (last visited, 16 Dec, 202)

[18] Section 312-Causing miscarriage,

Section 313-Causing miscarriage without the consent of the woman, Section 314 -Death caused with an intent to cause miscarriage,

Section 315 -Act done with intent to prevent a child being born alive or to cause it to die after birth, Section 316(IPC): Causing death of a quick born child by act amounting to culpable homicide.

[20] Amar Jesani and Aditi Iyer, (1993) “Women and Abortion”, Economic and Political Weekly, 27.

[24] Government of India, Report of the Committee to Study the Question of Legalisation of Abortion 36 (Ministry of Health and Family, 1966).

[25] Medical Termination of Pregnancy Act, 1972 (Act of 1971), Preamble.

[26] Medical Termination of Pregnancy Act, 1972 (Act of 1971), s. 3.

[27] Writ Petition (C) No. 593 of 2016 (Supreme Court of India), decided on July 25, 2016, available at: http://supremecourtofindia.nic.in/FileServer/2016-07-25_1469453114.pdf (last visited on Dec 16, 2020)

[28] International Federation of Obstetricians and Gynaecologists, Recommendations on Ethical Issues in Obstetrics and Gynaecology 58 (Committee for the Study of Ethical Aspects of Human Reproduction and Women’s Health, Oct. 2009), available at: http://www.figo.org/docs/ Ethics%20Guidelines%20%20English%20version%202006%20-2009.pdf (last visited on Dec 16, 2020).

[31] 6 Micheal DA Freeman, Lloyd’s Introduction to Jurisprudence (7th edn, Sweet & Maxwell 2001) 132-139.

[32] John Finnis, ‘The fragile case for euthanasia: a reply to John Harris’ in John Keown (eds), Euthanasia Examined (Cambridge University Press 1995).

[33] Emily Jackson, Medical law: texts, cases and materials (OUP 2006) 594; Jonathan Herring, Medical Law and Ethics (OUP 2006) 262.

[34] Ronald Dworkin, Life’s Dominion (HarperCollins 1993).

[35] Steven Ross and Terry F Godlove, ‘Books Review’ (1994) 25(1) Methaphilosophy 96, p 96.

[36] [no author], ‘Inside out, Within and Beyond, or Backwards? Life’s Dominion: An Argument about Abortion, Euthanasia, and Individual Freedom’ (1994) 107(4) Harvard Law Review 943, 943

[37] Siddhivinayak Hirve,(2004) “Abortion Policy In India: Lacunae and Future Challenge” Abortion Assessment Project, India Centre for Enquiry into Health and Allied Themes, Bombay

[39] Bhavish Gupta Meenu Gupta, (2016), Socio Cultural Aspect of Abortion in India: Law, Ethics and Practices, ILI law Review, pg-146.

[40] Patchesky Rosalind Pollack, Abortion and Women's Choice: The State, Sexuality and Reproductive Freedom 13 (Northeastern University Press, 1st edn., 1991).

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