T SEPT 2019 HE I NTERNATIONAL NTERNATIONAL J OURNAL OF OURNAL L AW & J URISPRUDENCE | S E P T 2019 22, VICHITRA VILLA, PROFESSOR COLONY, BHOPAL (M.P.) INDIA-462002 +91 - 94250 17479; 7879652007; 755 2660008 |[email protected]| WWW.IJLJ.NET *FORMERLY KNOWN AS GLOBAL JOURNAL OF ARTS T SEPT 2019 HE I NTERNATIONAL NTERNATIONAL J OURNAL OF OURNAL L AW & J URISPRUDENCE | S E P T 2019 22, VICHITRA VILLA, PROFESSOR COLONY, BHOPAL (M.P.) INDIA-462002 +91 - 94250 17479; 7879652007; 755 2660008 |[email protected]| WWW.IJLJ.NET *FORMERLY KNOWN AS GLOBAL JOURNAL OF ARTS DUM SPIRO SPERO COPYRIGHTS © 2019 ALL RIGHTS RESERVED. INTERNATIONAL STANDARD SERIAL NUMBER: 2395 6402* PUBLISHED BY: IJLJ, BHOPAL M.P. INDIA PRINTED BY: SIDDHI PRINTERS, OLD CITY, BHOPAL, M.P., INDIA WRITE TO US ON: 22, VICHITRA VILLA, PROFESSOR COLONY BHOPAL M.P. 462002, INDIA. +91 9425017479 | 7879652007 [email protected] | [email protected] FOR DETAILS VISIT: WWW.IJLJ.NET THIS BOOK IS SOLD SUBJECT TO THE CONDITION THAT IT SHALL NOT BY WAY OF TRADE OR OTHER MANNER BE LENT, RESOLD OR HIRED OUT, OR OTHERWISE CIRCULATED WITHOUT THE PRIOR PERMISSION OF THE PUBLISHER. NO PART OF THIS PUBLICATION MAY BE TRANSMITTED IN ELECTRONIC &/OR PHOTOCOPY, RECORDING ETC. WITHOUT THE PRIOR APPROVAL OF THE PUBLISHER. THE OPINIONS, BELIEFS AND VIEWPOINTS EXPRESSED BY THE VARIOUS AUTHORS IN THIS JOURNA, DO NOT NECESSARILY REFLECT OR REPRESENT THE OPINIONS, BELIEFS AND VIEWPOINTS OF THE PATRON BOARD, EDITORIAL BOARD, ADVISORY BOARD, REVIEW PANELISTS, AND ANY OTHER PERSON(S), ORGANIZATION(S) INVOLVED IN THE PUBLICATION, PRINTING AND DISTRIBUTION OF THIS JOURNAL. THE ARTICLES ARE SOLELY THE EXPRESSION AND OPINIONS OF AUTHORS AS NAMED, AND THE JOURNAL IS NOT RESPONSIBLE FOR THE WORDS ATTRIBUTED OR OPINIONS ADUMBRATED AS A PART OF EACH AND EVERY AUTHOR’S RESEARCH. THE AUTHOR OF EACH ARTICLE PUBLISHED IN THIS JOURNAL OWNS HIS/HER OWN WORDS, EXPRESSIONS AND OPINIONS AND ARE SOLELY RESPONSIBLE FOR THE COMPLETENESS, ACCURACY AND USAGE OF ANY INFORMATION WHICH BECOMES PART OF THIS COMPILATION. *FORMERLY KNOWN AS GLOBAL JOURNAL OF ARTS. INTERNATIONAL STANDARD SERIAL NUMBER: 2395 6402* | COPYRIGHTS © 2019 | ALL RIGHTS RESERVED 22, VICHITRA VILLA, PROFESSOR COLONY, BHOPAL| +91 - 94250 14589; 7217821757; 755 2660008| *FORMERLY KNOWN AS THE GLOBAL JOURNAL OF ARTS MS. GEETA LUTHRA Senior Advocate, Supreme Court of India Patron BOARD OF EDITORS MS. GUNJAN SAXENA Editor in Chief MR. VILAKSHAN SAXENA Executive Editor MS. ANSHIKA SHUKLA Associate Editor CONTENTS 01-11 “DEVELOPING ASPECT OF GLOBAL ADMINISTRATIVE LAW” ABHIJAY BASU | SCHOOL OF LAW, U.P.E.S 12-22 “CULTURE, MORALITY AND THE RULE OF LAW: SOCIO-LEGAL PERSPECTIVE OF FEMALE PROSTITUTION IN INDIA” ABHISHEK RANA | ADVOCATE, DELHI HIGH COURT GAGAN GULIA |ASTT. DISTRICT ATTORNEY, PROSECUTION DEPT., HRAYANA 23-33 “ADMISSIBILITY OF ELECTRONIC RECORD OR EVIDENCE DURING THE TRIAL -- A QUEST” ADV DR SUDHIR KOTWAL| SPECIAL PUBLIC PROSECUTOR, NASIK 34-41 “UNDERSTANDING GENOCIDE IN TODAY’S CONTEXT” AISHWARYA ANITA ARAKAL 42-47 “EU AND COUNTERING TERRORISM” ANANYA AGARWAL | SYMBIOSIS LAW SCHOOL, PUNE KIM HEAVEN SHAH|SYMBIOSIS LAW SCHOOL, PUNE 48-51 “ARE MARITIME REFUGEES A THREAT TO COUNTRIES SOVEREIGNTY?” ANSHUMAN MISRA| DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY SUCHETA PANDA | UNIVERSITY LAW COLLEGE, UTKAL UNIVERSITY 52-56 “UNIFORM CIVIL CODE- A DEAD LETTER” DIVYANSHI PATHAK | SYMBIOSIS LAW SCHOOL, PUNE 57-63 “INCREASE OF UNDERAGE DRINKERS IN INDIA AND THE ADVERSE EFFECTS OF DRINKING” FALGU KAUSHAL MUKATI | UNIVERSITY OF MUMBAI 64-74 “CONCEPT OF NEW SEPARATION OF POWERS WITH SPECIAL REFERENCE TO INDIA” HARSH RAJ SINGH | JAMIA MILLIA ISLAMIA, NEW DELHI 75-80 “THE CRYPTIC CASE OF CRYPTOCURRENCIES: HISTORY AND THE ROAD AHEAD” HIMANI SINGH | NEW YORK UNIVERSITY SCHOOL OF LAW, NEW YORK 81-91 “JUVELINE DELINQUENCIES: LAW AND JURISPRUDENCE” MAYURI MILIND KALEKAR | SYMBIOSIS LAW SCHOOL, PUNE 92-98 “ARTICLE 370: HISTORIC DECISION AND TURNING POINT OF THE INDIAN CONSTITUTION” NIKITA BHARDWAJ | VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES, IP UNIVERSITY, NEW DELHI 99-105 “RECOGNISING MARITAL RAPE: LEGISLATURE’S ALBATROSS” NISCHAYA | ADVOCATE, DELHI HIGH COURT 106-111 “UNDERSTANDING THE “ALREADY JUDGED”: THE CONCEPT OF RES JUDICATA IN INDIA” PRITTHISH ROY | VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES, IP UNIVERSITY, NEW DELHI 112-119 “SURROGACY IN INDIAN CONTEXT” SALMAN KHAN| GALGOTIAS UNIVERSITY, GREATER NOIDA KESHAV BISWAS| GALGOTIAS UNIVERSITY, GREATER NOIDA 120-128 “CYBER CRIME IN INDIA” SANJANA AGARWAL | SCHOOL OF LAW, U.P.E.S 129-135 “THE CIPLA JUDGMENT: WAS IT A CORRECT INTERPRETATION OF SECTION 29(4)?” SAYESHA BHATTACHARYA | JINDAL GLOBAL LAW SCHOOL, SONIPAT SHIVANSHU BHARDWAJ|NATIONAL LAW UNIVERSITY, DELHI 136-145 “RIGHTS OF TRANSGENDER PERSONS IN INDIA: AN UNPREDICTABLE ROAD TO FREEDOM” SHIVANGI PRIYA | AMITY LAW SCHOOL, DELHI ISHAAN KAPOOR |ADVOCATE 146-154 “ANALYZING THE CHANGE IN STATUS OF HOME BUYERS UNDER THE INSOLVENCY AND BANKRUPTCY CODE” SHREYASEE MUKHERJEE | SCHOOL OF LAW, CHRIST UNIVERSITY 155-164 “EFFECTS OF REVOCATION OF ARTICLE 370 OF CONSTITUTION OF INDIA” SONALI AWASTHI | SYMBIOSIS LAW SCHOOL, PUNE 165-175 “INDIAN TAX STRUCTURE- NEW REFORMS AND IMPLICATIONS” T.D SOWMYA | SASTRA UNIVERSITY, THANJAVUR 176-180 “JACQUES DERRIDA AND DECONSTRUCTION” TAANVIA | NATIONAL LAW UNIVERSITY AND JUDICIAL ACADEMY, GUWAHATI 181-192 “USE OF ARTIFICIAL INTELLIGENCE IN INDIA: LEGAL CONCERNS AND ETHICAL DELIBERATIONS” VEDANT SHARMA| UNIVERSITY OF DELHI INTERNATIONAL JOURNAL OF LAW & JURISPRUDENCE I.S.S.N. | 2395-6402* “DEVELOPING ASPECT OF GLOBAL ADMINISTRATIVE LAW” ABHIJAY BASU INTRODUCTION Governing body of a state is described through its regulatory power, same body is known as administration, when such bodies are induced with power, a check needs to be maintained on them, administrative law ensures that governing body does not over step or makes ultra vires decisions. Administrative law provisions are not competent to influence decisions made by the body but to ensure a legal procedure is followed while decision making. Four basic bricks of foundation of administrative law are identified: to check abuse of administrative law, to ensure a fair determination of their dispute with the officials to avoid violation of their rights and interests, to make official accountable to the public for the exercise of power. Every country consists of its own domestic administrative law their provisions cannot operate beyond its jurisdiction. So, the question arises, who is administrating order on a global scale? Administrative law on a global radius is not possible to be maintained by a single entity, so multiple institutions, governmental, non-governmental, state actors, non-state actors or private body, institutions and corporations participate together. Maintaining peace on such enormous area is not possible for any individual authority. The concept of global administrative law begins with a twin idea that most of the global governance can be understood as administration, and this very administration is organized and shaped by principles of an administrative law characters1. Any actions which are exercised by regulatory structures are each confronted by a high demand of transparency, consultation, participation, reasoned decisions and review mechanism to present accountability. These regulations create the elements of administrative characters. International law has evolved from time to time to fill communication gaps between countries, after the grotesque situation created from the First World War and World War II it became necessary to introduce international governing bodies in the global space to ensure past doesn’t repeat itself. Administrative law emerged on the international level to protect natural rights of the people against provisions practiced by domestic governments, private sectors, or any other governing or non-governing bodies whose actions repercussions can be felt on a global scale. In this research we highlight how international administration came into existence followed by discussions of global administrative space aspect and relevancy of its existence. As we talked earlier that Global administrative law is not operated by any single entity but by multiple international administrative branches which are distinguished into five types. Global administrative law 1 Benedict Kingsbury, Nico Krisch, Richard B. Stewart and Jonathan B. Wiener, Global Governance as Administration: National and Transnational Approaches to Global Administrative Law, Vol.68, Duke University School of Law, Law and Contemporary Problems, No. 3/4, The Emergence of Global Administrative Law (Summer – Autumn,2005). 1 INTERNATIONAL JOURNAL OF LAW & JURISPRUDENCE I.S.S.N. | 2395-6402* is an emerging concept and has under gone development; international scenario depicts how the same has progressed. PROGRESSIVE ORIGIN OF ADMINISTRATION Before understanding how operations of global administration is structured, it is necessary to know how administration on the global scale came into power. The attempts began in 19th century which extended to 1920 and 1930. In nineteenth century law of nature’s relevancy was not given much importance by jurist of that era such as Westlake, Phillimore.2 They believed that behind success of any International law, willful abidance of states is very important. 19th century was jubilant period for International Law. Although they were confined only to European and to Christian states, which later expanded to other states after their uprising3. Increase