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IMS Law Review School of Law 0 IMS UNISON UNIVERSITY Nurturing Knowledge. Empowering Minds. IMS Law Review School of Law Edition-I ABOUT THE SCHOOL OF LAW School of Law (SOL), is amongst the fastest growing law schools in northern India. It strives to impart exemplary legal education by making it inter-disciplinary where there is a convergence between the disciplines of law, social science, humanities and management studies. Therefore, our curriculums are designed and developed to be both highly theoretical and intensely practical in nature. The school is a great teaching and research institution with a profound and distinctive commitment to undergraduate and post graduate education. To cater the student‘s varied interests and educational backgrounds, the School offers a choice of two undergraduate courses - B.A.LL.B. (Hons.) and B.B.A.LL.B. (Hons.). At the post graduate level too, the students get to pick their choice of specialization from six exceptionally designed LL.M courses. The Ph.D. program offered by the School is designed so as to be instrumental in enhancing legal scholarship. We, at School of Law understand the importance of a sound and wholesome environment for the students to flourish academically, socially and intellectually. With this belief, we have designed a disciplined curriculum with focus on high standards of legal education, extra-curricular activities and intellectual wellbeing to transform every student into a valued citizen of the society and an accomplished personality in the legal arena. Ever since its inception, School of Law aspires to inculcate humanistic approach, entrepreneurial skills, innovative outlook and academic focus in our budding lawyers. Our emphasis on learning, creativity and innovation is based on the belief, that our students can and will achieve prodigious success. Most importantly, the school provides an environment which prepares the students for meaningful lives and careers broaden their outlook and help shape their character. Edition – I, July 2020 1 IMS Law Review: Student Edition Edition – I, July 2020 Patron: Prof. Gautam Sinha Vice Chancellor, IMS Unison University, Dehradun Chief Editor: Prof. (Dr.) R. N. Sharma Professor & Dean, School of Law IMS Unison University, Dehradun Faculty Editor: Ms.Shalini Saxena Assistant Professor IMS Unison University, Dehradun Associate Faculty Editor: Ms. Sakshee Sharma Assistant Professor IMS Unison University, Dehradun Student Editors: Priyanshi Bansal Parth Nandwani Alumni BB.A LL.B (Hons.) (5th year) IMS Unison University, Dehradun IMS Unison University, Dehradun Associate Student Editors: Timaya Singh Himanshu Batar B.A LL.B (Hons.) (4th Year) B.A LL.B (Hons.) (4th year) IMS Unison University, Dehradun IMS Unison University, Dehradun Chakshak Goel Yash Mittal BB.A LL.B ( Hons.) (4th Year) BB.A LL.B ( Hons.) (4th year) IMS Unison University, Dehradun IMS Unison University, Dehradun Student Editorial Board Members: Aditi Manya Arshiya Jain B.A LL.B (Hons.) (4th Year) B.A LL.B (Hons.) (4th year) IMS Unison University, Dehradun IMS Unison University, Dehradun Bhavya Sharma Parvi Dang B.A LL.B (Hons.) (4th Year) BB.A LL.B ( Hons.) (4th Year) IMS Unison University, Dehradun IMS Unison University, Dehradun Pranav Gupta Shivam Singh Chauhan BB.A LL.B ( Hons.) (4th Year) B.A LL.B (Hons.) (4th Year) IMS Unison University, Dehradun IMS Unison University, Dehradun 2 Edition – I, July 2020 Poorvi Bansal UmangDudeja BB.A LL.B ( Hons.) (3rd Year) BB.A LL.B ( Hons.) (3rd Year) IMS Unison University, Dehradun IMS Unison University, Dehradun Tanya Shrivastava Shaurya Kumar BB.A LL.B ( Hons.) (3rd Year) B.A LL. (3rd Year) IMS Unison University, Dehradun IMS Unison University, Dehradun Shatakshi Singh Shrestha Gupta BB.A LL.B ( Hons.) (3rd Year) BB.A LL.B ( Hons.) (2nd Year) IMS Unison University, Dehradun IMS Unison University, Dehradun Faculty Advisors: Ms. Garima Trivedi Assistant Professor IMS Unison University, Dehradun Mr. Anand Singh Assistant Professor IMS Unison University, Dehradun Mr. Harsh Kumar Assistant Professor IMS Unison University, Dehradun Edition – I, July 2020 3 FROM THE DESK OF CHIEF EDITOR It gives us immense pleasure to present the readers with the first issue of IMS Law Review: Student‘s Edition of 2020, which is a novel effort of the School of Law, IMS Unison University to provide the students across India to present their writing acumen in the form of research articles, essays, case comments, book reviews etc. The Journal is the outcome of joint efforts of the spirited student researchers and the rigorous efforts put in by the student editorial team. The objective of IMS Law Review: Student‘s Edition is to inculcate the spirit of scholarship amongst the students, and to encourage them to contribute their research work, focused on the on-going contemporary issues in both national and international arena. The students can submit their articles both individually and collectively for publication and utilize this platform for making themselves popular amongst the legal fraternity. To make the journal vibrant, engaging, accessible, integrative and challenging, all research articles will be published only after adopting blind-peer review process. We acknowledge and express our sincere gratitude to our student contributors, members of the faculty and student editorial board and the faculty advisory panel whose untiring efforts have made the publication of the journal possible. In solidarity Prof. (Dr.) R. N. Sharma Dean, School of Law 4 Edition – I, July 2020 FROM THE DESK OF FACULTY EDITORIAL BOARD IMS Law Review (IMSLRW) is a non-profit, student reviewed annual law publication. Law students from the world over face a peculiar paradox. On the one hand, law schools relentlessly goad them towards academic pursuits and, specifically, getting their writing published. On the other hand, only a disproportionately few journals accept student submissions. In response to this, many universities have opted to establish journals exclusively intended for students, which have given them an opportunity to continue healthy discourse regarding the relationship of law and public policy in current scenario. It seeks to create a platform where there is a flow of ideas and thoughts regarding issues mutually relating to law and the contemporary legal issues. Editorial Board membership provides an opportunity to the students to discuss issues of importance in legal education, develop collaborative relationships with other students and alumnus, and gain editorial skills and scholarly publishing experience. The current board consists of our alumni and present students who hold -different positions in IMSLRW. The venture has been initiated to fulfil the mandate of promoting research and writing among law students; it accepts contributions on all areas of law and even social sciences issues bearing a legal slant. Undergraduate and postgraduate students of any discipline, not necessarily law, are invited to contribute. All articles are selected, edited and published by the Review's Editorial Board. Additionally, almost every issue will contain at least one case comment or essay writing, authored by IMS Unison University School of Law‘s student, as selected by the Editorial Board. Wishing all the readers success and health! Faculty Editorial Board Edition – I, July 2020 5 FROM THE DESK OF STUDENT EDITORIAL TEAM It gives us immense pleasure to introduce the first edition of IMS Law Review, Student‘s Edition 2020. It delineates illimitable ardour, passion, imagination and flair of the young minds. The journal endeavours to amalgamate academic excellence with a strong focus upon the on- going issues in the national and international arena. The purpose of the journal is to publish high quality papers and to fill the gaps between point of views and application of various disciplines predominantly having focus on legal issues. It also aims to augment the learning experience of students. The journal stands out as a platform which accepts research submissions in the form of Articles, Case Comments and Legal Essays. Through this, we aim to promote the spirit of learning amongst the students all over the country. Since this is the first issue of IMS Law Review, we faced lots of challenges,during the publication at various level. But the never ending efforts and enthusiasm of the Student Editorial Board made everything go smooth. We, also during the process, came to realise the importance of team work. Also, we would like to express our heartfelt gratitude to our Faculty Editorial Board which showed us the path and without which we would not have been able to accomplish the task. We wish to inspire more contributions from the students all over the nation in order to secure a continued flow of knowledge. Suggestions and criticisms are always welcome as it is precious to us. We look forward to your response. Hope you enjoy the read! With Love and Regards to Readers, Student Editorial Board 6 Edition – I, July 2020 IMS Law Review: Student Edition Edition – I, July 2020 Contents 1. Reconciling Corporate Social Responsibility With Sustainability: 9 Their Determination, Our Progress Manisha Arora & Rrudra Shandilya 2. Sovereign Liability and Exoneration in Pandemic: Exploration of Force 15 Majeure in the Indian Context Navya Sharma 3. Collegium System in India- The Controversy of Judicial Transparency vs. 24 Judicial Independence Gautam Jaiswal 4. Need to Recognise Male Sexual Abuse 32 Shruti Gupta 5. Interface of Personal Laws and Constitution of India 42 Adnan Hameed K.P 6. An Analysis of Reservation Policy in Education System: A Political Jeopardy 49 Manvi Raj & Apoorv Kumar 7. Judicial Supremacy Over Parliament: A Critical Analysis of Collegium System 57 Versus Commission System Sparsh Agarwal & Shruti Khandelwal 8. Constitutionalism and Secularism in the Context of India 71 Prakamya Maheshwari & Nikhil Sood 9. Constitutional Governed Human Rights and an Overview of Right of 80 Freedom of Speech and Expression and its Misuse in India Tanya Srivastava 10. A Study on Parliamentary Form of Government 88 Pooja & Prabhdeep Kaur 11. Constitutional Governance of Human Right in India 97 Sonika Pal & Priyanshi Shukla Edition – I, July 2020 7 12.
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