Qubahan Political Journal (QPJ) is a quarterly academic journal published by the Qubahan. QPJ publishes original research in Political Science and International Relations, Law, Management, Monitoring, Policy and Law, Visual Arts, and Performing Arts fields. QPJ is a peer-reviewed open-access journal. QPJ provides immediate, worldwide, barrier-free access to the full text of research articles without requiring a subscription to the journal.
Space Mining and the Legal Frontiers of Imperialism: A Postcolonial Critique Using the Novel Dune
This paper analyzes how science fiction, using Frank Herbert's Dune as a case study, reflects on and critiques the imperialist and neo-extractivist ideologies underpinning emerging space governance. Drawing on postcolonial theory and TWAIL, it examines how narratives of colonial conquest, resource extraction, and resistance in fiction mirror real-world space policies. Dune's "spice" serves as an analogy for resource plunder and geopolitical dominance within contemporary debates on space neo-extractivism. The study argues that treaties like the Artemis Accords and private space mining ventures risk perpetuating historical patterns of economic and political subjugation, favoring technologically advanced nations and corporations. By integrating dialectical literary analysis with TWAIL and Marxism, the paper reveals the ideological underpinnings of international space law and questions its potential to replicate Earth's colonial past. The findings underscore the urgent need for interdisciplinary dialogue to ensure equitable and just space exploration, preventing it from becoming another frontier for imperial expansion and resource-driven inequalities.
Third World Approaches to International Law (TWAIL)
Copyright (c) 2022 Qubahan Political Journal https://creativecommons.org/licenses/by-nc-nd/4.0
COMPULSORY LICENSING OF PATENTED PHARMACUETICALS UNDER TRIPS: A BLESSING FOR DEVELOPING COUNTRIES
Patents are granted to incentivize innovation by conferring exclusive rights upon inventors, particularly in capital-intensive sectors such as pharmaceuticals. However, this exclusivity may conflict with public interest when patented products—especially life-saving medicines—are priced beyond the reach of large segments of the population. To address this concern, the TRIPS Agreement incorporates the mechanism of compulsory licensing under Article 31, permitting the use of patented inventions without the consent of the patent holder under specified conditions. This paper examines the concept of compulsory licensing as an exception to patent exclusivity, analyzing its legal framework under TRIPS and its significance for developing and least-developed countries. It explores the scope, subject matter, and conditions for the grant of compulsory licenses, emphasizing the flexibility accorded to WTO members in determining grounds such as public health emergencies and national necessity. The study highlights how compulsory licensing serves as a vital tool to balance private patent rights with public welfare by fostering competition, reducing drug prices, and improving access to essential medicines. Ultimately, the paper underscores compulsory licensing as a crucial instrument for achieving equity in global healthcare while remaining consistent with international intellectual property obligations.
Copyright (c) 2024 Qubahan Techno Journal https://creativecommons.org/licenses/by-nc-nd/4.0
Law, Dissent, and the State Constitutional Limits on Sedition and Preventive Detention in India
This paper will discuss the changing constitutional association between legislation, dissent and the state power in India with specific attention to the judicial review of sedition and the proliferation of preventive detention. It evaluates how the suspension of Section 124A of the Indian Penal Code under the Indian constitution by the Supreme Court was a critical event in the re-evaluation of the colonial penal codes in the presence of a democratic constitutional system. Concurrently, the paper examines the rising trend of relying on preventive detention in Unlawful Activities (Prevention) Act, under which legislation of national security has played a prime role in controlling political dissent. The paper will assess the issue of judicial review as to whether judges have played any role in limiting executive overreach or whether preventive detention has become normalized as a form of governance through a doctrinal analysis and secondary data gathered on the subject. The results indicate that there is an imbalanced constitutional reaction, with symbolic progress in the protection of free speech alongside the increasing establishment of preventive detention, with civil liberties and democratic accountability as a concern.
CONSTITUENT POWER AND CONSTITUTIONAL IDENTITY: JUDICIAL REVIEW OF CONSTITUTIONAL AMENDMENTS IN INDIA
The power of constitutional amendment under Article 368 of the Constitution of India reflects the dynamic nature of constitutional governance. However, the exercise of this power has historically generated intense constitutional conflict between Parliament and the Judiciary. This paper critically examines the evolution of judicial review in relation to constitutional amendments, tracing its doctrinal development through landmark judicial pronouncements. Beginning with the early phase of parliamentary supremacy in Sankari Prasad and Sajjan Singh, the analysis moves through the transformative decision in Golak Nath, culminating in the crystallisation of the Basic Structure Doctrine in Kesavananda Bharati and its reaffirmation in Minerva Mills. The study argues that judicial review of constitutional amendments has emerged not merely as a procedural safeguard but as a substantive constitutional mechanism to preserve the identity, supremacy, and structural integrity of the Constitution. The continuing tension between legislative sovereignty and constitutional supremacy is examined through contemporary developments, including electoral disqualification jurisprudence and institutional confrontations. The paper concludes that while Parliament possesses wide constituent power, such power is not unlimited. The Basic Structure Doctrine represents a uniquely Indian constitutional innovation that reconciles democratic will with constitutional morality. Judicial review, therefore, operates as a guardian of constitutional continuity rather than an adversary of democratic governance.
Convergent Autonomy: A Comparative Analysis of Strategic Imperatives and Structural Constraints in Indian and Iranian Foreign Policies
This research study offers a thorough comparative examination of the foreign policy frameworks of the Republic of India and the Islamic Republic of Iran, exploring their historical development, ideological underpinnings, and current strategic convergence. This paper examines India’s “Strategic Autonomy” and “Link West” policies in conjunction with Iran’s “Doctrine of Resistance” and “Look East” strategy, revealing how these two ancient civilizations maneuver through the challenges of an evolving multipolar international order. The analysis examines the essential factors influencing the bilateral relationship, such as energy security, maritime stability in the Indian Ocean and Persian Gulf, and the geopolitically significant connectivity initiatives focused on the Chabahar Port and the International North-South Transport Corridor (INSTC). The paper examines the "US Factor" as the principal structural constraint, analyzing how Washington's sanctions regime and evolving regional dynamics, including the Abraham Accords and the Taliban's resurgence in Afghanistan, compel both New Delhi and Tehran to adjust their external engagements. Through an analysis of their participation in the Shanghai Cooperation Organization (SCO) and the expanded BRICS alliance, the report emphasizes the subtle ways in which these countries reconcile ideological principles with economic pragmatism. The results indicate that despite considerable tensions about human rights, nuclear proliferation, and third-party alliances, a profound alignment of interests in Eurasian integration maintains a robust, if intricate, strategic cooperation.
international north-south transport corridor (instc)
Anti-Conversion Laws in India: Constitutional Validity and Human Rights Implications
This study critically evaluates the constitutional validity and human rights implications of State -level freedom of religion laws commonly known as ant-conversion laws in India within the broader framework of religious freedom. Enshrined in Article 25 of the Constitution of India, which guarantees freedom of conscience and the right to profess, practice, and propagate religion, the research analyses whether such laws impose unreasonable restrictions on this fundamental right. Employing a doctrinal research methodology, the study relies on constitutional provisions, statutory analysis of eleven state “Freedom of Religion” laws, judicial precedents—particularly Rev. Stanislaus v. State of Madhya Pradesh and Sarla Mudgal v. Union of India—and relevant international human rights instruments, including the UDHR and ICCPR. It is found that the states possess legitimate authority to regulate religious conversions obtained through force, fraud or coercion in the interest of public order, several state level anti-conversion statutes contain vague and expansive definitions of terms such as “allurement,” “inducement,” “force,” and ‘undue influence.” Such ambiguity enables potential misuse, restricts voluntary religious choice, and may infringe Articles 14, 15, and 25 of the Constitution. The study further identifies procedural burdens, including mandatory prior notification and reversal of the burden of proof, as inconsistent with the presumption of innocence and the right to freely adopt a religion under international human rights law. Additionally, the differential treatment of “conversion” and “reconversion” raises concerns of discrimination. The research concludes that although preventing unlawful conversions is constitutionally permissible, existing state anti-conversion laws require substantive clarification and reform to ensure compatibility with constitutional guarantees and international human rights standards.
Oil, Isolation, and Institutions: Rethinking Globalisation in Petroleum-Exporting States
Economic globalization and political globalization are generally understood to be mutually reinforcing processes. Countries that are deeply integrated into the global economy through trade, finance, and labor mobility typically possess strong incentives to participate in international institutions, treaty regimes, and multilateral frameworks that stabilize cross-border economic interactions. Political globalization, in turn, enhances economic globalization by reassuring investors and trade partners through commitments to international norms and regulatory cooperation. However, this conventional relationship does not hold uniformly, particularly in the case of oil-exporting countries. Despite being highly integrated into the global economy and exerting disproportionate influence due to global dependence on petroleum imports, many oil-exporting states exhibit relatively low levels of political globalization. These countries often show limited participation in intergovernmental organizations, weak commitment to human rights treaties, reluctance to accept binding arbitration, and minimal safeguards for foreign investors’ property rights. This phenomenon gives rise to what can be described as unbalanced globalization, characterized by high economic integration alongside political isolation. The paper argues that oil wealth weakens the traditional incentives that encourage political globalization, particularly the need to attract foreign investment and secure access to international markets through institutional commitments. While oil-exporting countries do engage selectively in international cooperation, they often prefer ad hoc arrangements over binding governance structures. The analysis further explores the role of OPEC, its diverse behavioral models, and the macroeconomic feedback mechanisms linking oil prices, global growth expectations, and policy responses. By examining historical oil shocks, price volatility, and recent market dynamics, the study highlights how oil-dependent economies shape—and are shaped by—global economic and political structures. The findings suggest that unbalanced globalization poses normative concerns for policymakers, as limited political integration may undermine long-term stability, compliance with international law, and effective global governance, despite short-term economic advantages derived from resource wealth.
Electoral Democracy and Judicialization of Politics: The Expanding Role of Constitutional Courts in India
This has led to the judicialization of politics becoming one of the characteristics of the modern Indian electoral democracy that has witnessed an increased involvement of constitutional courts in the governance of elections and political affairs. The paper discusses how constitutional courts in India are increasingly playing a large role especially in disqualifying legislators, anti-defection jurisprudence, electoral transparency, political funding, and even looking at the integrity of electoral institutions. It evaluates the role of the Supreme Court of India as a guardian of constitutional morality and democratic integrity whose role has become more and more active in reaction to the institutional failures of the political actors. Though the role of judiciary has been instrumental in increasing procedural protection, accountability, and also bolstering the independence of electoral bodies like the Election Commission of India, it has also been a point of contention over judicial activism and the degradation of representative decision-making. The article critically assesses the role of judicialization as a corrective tool that strengthens electoral democracy or as the tool that undermines political accountability through the democratic choice being replaced with the judicial power.
Power, Dignity and Institutional Accountability: A Thematic Legal Analysis of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Sexual harassment in the workplace reflects entrenched gendered power imbalances and structural inequalities that undermine women’s dignity, autonomy, and economic participation. The enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 marked a significant legislative response to these concerns in India, transforming the normative framework first articulated in Vishakha v. State of Rajasthan into binding statutory obligations. This paper undertakes a qualitative thematic legal analysis of the POSH Act, examining its conceptual foundations, preventive architecture, redressal mechanisms, and structural limitations. Through doctrinal examination of statutory provisions, judicial interpretations, and scholarly commentary, the study identifies four dominant themes: (i) recognition of workplace power asymmetries; (ii) institutionalization of preventive duties; (iii) procedural justice through Internal Complaints Committees; and (iv) persistent cultural and structural barriers to enforcement. The findings indicate that while the Act establishes a comprehensive rights-based framework aligned with constitutional guarantees and international commitments, its transformative potential is constrained by inconsistent implementation, limited reach in informal sectors, and continuing socio-cultural resistance. The paper concludes by recommending institutional strengthening, inclusive reinterpretation, and structural reforms to enhance the Act’s effectiveness in combating gender exploitation in organizations.
INFLUENCE OF NEW MEDIA ON LANGKAWI AS A HERITAGE DESTINATION: A GENDER COMPARISON
This study examines the influence of new media on tourists’ intention to visit Langkawi as a heritage destination, with a focus on gender differences. Specifically, it investigates the effects of social media, online travel reviews (OTRs), and short video platforms on tourists’ decision making and emotional engagement. A quantitative approach was employed, with data collected from tourists who have visited or plan to visit Langkawi and have interacted with new media. Multiple regression analysis indicates that all three digital platforms significantly enhance travel intention, with OTRs showing the strongest effect. The model explains 45.9% of the variance in travel intention, and no multicollinearity issues were detected. Independent samples t-tests reveal no significant gender differences in travel intention. These findings suggest that new media play a critical role in shaping tourists’ travel decisions to heritage destinations, regardless of gender.
Copyright (c) 2026 Qubahan Political Journal https://creativecommons.org/licenses/by-nc-nd/4.0
Legal Compliance and Consumer Protection in the Digital Marketplace: GDPR-Driven Standards for E-Commerce Privacy Policies within the International Legal Framework
The foundation of European Union’s General Data Protection Regulation (GDPR), has played a pivotal role in regulating rapid digitalization of global commerce, bringing in the necessary model shift in digital data governance. The article explores in depth GDPR as a transnational regulatory instrument crucial in enforcing extraterritorial reach of its provisions. Further the Court of Justice of the European Union (CJEU) have through judicial activism and expansive interpretation defined corporate digital responsibility. The article highlights how transcontinental regulation, especially through the ‘Brussels Effect’, GDPR has transformed privacy into a competitive differentiator, through play in market dynamics rather than being enforced through stringent legislations. The article then moves to study the pressure of GDPR’s requirement for autonomous consumer consent and corporate dark patterns that slyly bypasses the regulatory hammer of data sovereignty. The celebrated cases against Meta and Amazon are analysed to illustrate the transition of privacy policies from symbolic disclosures to enforceable legal instruments. Furthermore, the article provides a comparative evaluation of India’s Digital Personal Data Protection (DPDP) Act, 2023, highlighting the normative convergence between the ‘rights-based’ European model and India’s ‘sovereignty-driven’ framework. The cross-national development on the regulation of privacy is emerging, though structural divergences regarding state exemptions and regulatory independence remain the persistent challenges. The article suggests a ‘highest common denominator’ compliance strategy and a shift toward ‘privacy by design’ to navigate this increasingly fragmented international legal landscape.
Asymmetric Surveillance Governance: A Thematic Analysis of Privacy, National Security, and AI Regulation in India
The rapid integration of artificial intelligence into state surveillance practices has intensified longstanding tensions between consumer privacy and national security governance. In India, the enactment of the Digital Personal Data Protection Act, 2023, represents a significant regulatory development in data protection; however, its broad exemptions for state agencies raise critical constitutional and structural concerns. This paper undertakes a qualitative thematic analysis of Indian surveillance and data protection laws, supplemented by a comparative examination of regulatory frameworks in the European Union and the United States. Drawing upon statutory provisions, judicial decisions, and regulatory principles, the study identifies recurring themes including regulatory asymmetry between corporate and state actors, definitional ambiguity surrounding national security, executive-centric oversight structures, the convergence of surveillance capitalism and state data acquisition, and the algorithmic intensification of surveillance through AI systems. These themes are synthesized into a conceptual framework described as an “asymmetric surveillance governance model,” in which expanded state informational power operates alongside comparatively limited institutional counterweights. The paper argues that while national security remains a legitimate constitutional objective, meaningful harmonization requires clearer definitional standards, strengthened judicial oversight, proportionality-based safeguards, and principled AI governance mechanisms. By situating India within broader comparative debates on surveillance regulation, this study contributes to ongoing scholarship on privacy, constitutionalism, and algorithmic governance in the digital state.
Copyright (c) 2024 Qubahan Political Journal https://creativecommons.org/licenses/by-nc-nd/4.0
Algorithms on Autopilot: Bridging the Regulatory Gap in Global Competition Law
We live in the technological age, all our daily activities from shopping, eating, travel, entertainment, healthcare to finding your perfect date is backed by sophisticated technological tools and machines. Markets are digitalized and are increasingly relying on self-learning algorithms to analyze large and complex database, to offer to its customers better products and customized services. They simultaneously facilitate a new frontier of anti-competitive behavior called algorithmic collusion. This article examines the burgeoning 'Liability Gap' where traditional antitrust frameworks, affixed in the necessity of a human meeting of minds, fail to capture coordination achieved through machine learning. Through a comparative analysis of the legal landscapes in the United States, European Union, India, and Russia, this study highlights a global doctrinal crisis. The research finds that self-learning algorithms bypass the conventional ways of collusion create new dimensions of anti-competitive behavior. Therefore, this article proposes a shift from subjective intent to a standard of objective foresight. It concludes by recommending a three-pronged regulatory framework for algorithmic accountability.
Right to Development: From Global Aspiration to Constitutional Obligation
The right to development is vested in both individuals and groups in accordance with international law. In 1986, the United Nations issued a document proclaiming the right to development, and the later international documents, including the Sustainable Development Goals and the Vienna Declaration, further defined this principle. Even with this staunch international backing, local jurisdictions have been unwilling to recognize the right to development as a substantive, legally enforceable fundamental right. How has increased global sensitivity not resulted in adequate constitutional protections? This paper will discuss the structural and legal contexts of this inequality.The paper suggests that three factors are interrelated, explaining why this right to progress has always been ignored. First, there is a general feeling that it is too general and focuses on policies rather than providing clear-cut, easily applicable legal precedents. This makes it less of a right enforceable in a court of law, and more of a dream. Second, socioeconomic rights are also treated as policy issues in most constitutional systems, namely civil and political rights, which are more explicitly implemented. The judicial system, in most cases, does not participate in development, since economic planning and resource distribution are closely related. Finally, the judiciary has been found unwilling to carefully examine claims concerning government spending, long-term development goals, or political priorities, out of fear that democratic decision-making would be eroded. Based on research into comparative constitutional jurisdiction, this occurs regularly; courts often cite advancements as justifications for their decisions, yet they rarely recognize them as a distinct right. The rights to life, dignity, equality, and a healthy environment are among the fundamental freedoms established to address development-related challenges indirectly. Due to this indirect approach to addressing the issue, the results are inconsistent, providing only limited protection without a clear constitutional basis. In addition to this concern, the article proposes a conceptual approach to determining the right to development in constitutional governments without undermining democratic principles. It also reconstructs the right to be procedural and outcome-oriented, with the participation of the people in focus, equitable distribution of the fruits of development, and accountability for state policies. The right can be effectively applied by courts establishing judicial norms of non-discrimination, reasonableness, and proportionality, interpreting the rule to treat international law as an interpretative rather than a prescriptive tool, and applying the right. This paper will conclude by recommending that the right to development become one of the constitutional guidelines for evaluating the acceptability of state action, thereby providing the necessary linkage between constitutional government and global justice in the present-day legal fraternity
Analysis of the Trade Secrets Bill, 2024: Implications for Business and Innovation
This paper provides a comprehensive analysis of the Trade Secrets Bill, 2024, a significant piece of legislation aimed at strengthening the protection of trade secrets in the digital age. The study examines the bill's key provisions, its potential impacts on businesses and innovation, and its implications for the broader intellectual property landscape. The research employs a multifaceted approach, combining legal analysis with economic and technological considerations. It explores the bill's definition of trade secrets, its enforcement mechanisms, and its alignment with international trade secret protection standards. The paper also investigates the bill's approach to cross-border misappropriation and its provisions for cybersecurity in trade secret protection. Key findings indicate that the bill introduces more robust civil and criminal penalties for trade secret misappropriation, establishes clearer guidelines for "reasonable measures" in protecting trade secrets, and expands the extraterritorial application of trade secret law. The analysis reveals potential positive impacts on research and development investments, particularly in industries heavily reliant on trade secrets. However, it also identifies challenges, including increased compliance costs for businesses, especially small and medium-sized enterprises, and potential implications for employee mobility and open innovation practices. The paper concludes that while the Trade Secrets Bill, 2024 represents a significant step forward in modernizing trade secret protection, its success will depend on balanced implementation that fosters innovation while safeguarding valuable business information
Constitutional Morality vs Majoritarian Politics: Re-imagining Secularism and Equality in Contemporary India
The concept of constitutional morality has taken place as one of the most powerful but debatable ideas in modern Indian constitutional debate. Ultimately expressed by the framers of the Constitution as a normative check on the exercise of authority, constitutional morality has experienced rebirth in the past few years, especially in the cases of secularism, equality, and minority rights. Constitutional morality has been employed by the courts in a political environment highly majoritarian in its commanding majorities, and highly culturally nationalistic in its incivility to the majority in all its forms. This emerging phenomenon is part of a larger conflict within constitutional democracies, namely that democratic legitimacy is founded on popular sovereignty whereas constitutional legitimacy is founded on more long-term values that safeguard pluralism, ignity, and equality[i]. This tension has particularly escalated in India, with the increasing importance of debates about religious identity, citizenship, and cultural belonging in the development of the public policy and political discourse (Arvind, T. T, 2021). The central point of tension is the commitment to secularism and equality as one of the cornerstones of the constitution. This is in contrast to classical Western conceptions of secularism, which stress the need to have a clear boundary between state and religion, Indian secularism has traditionally been construed as political neutrality based on principles of equality of all religions. Secularism has long been interpreted by the judiciary as part of the basic structure of the Constitution, and thus resistant to the transformation by the majority. However, it is also possible to note an emerging, and sometimes contradictory, attitude to secularism and equality, especially surrounding the practice of a religion, the involvement of state in matters relating to religion, and the cultural majority claims. According to scholars, courts have alternated between rights-based arguments based on individual equality and deferential doctrines that reinforce mainstream social or political discourses (Bhatia, 2021; Chandra, 2018)[ii]. This ambivalence has led to questions of whether secularism is being diluted constitutionally or its reinterpretations are being made in order to fit in the current ideologies in the political sphere. The increased discussion of the rights of minorities in the modern era makes even more difficult the connection between constitutional morality and the politics of majoritarianism. Legislation priorities and executive intervention have been shaped by political discourses that construct national identity more in homogenising terms, which put religious and cultural minorities in a constitutionally vulnerable position. The charting of legal scholarship records the way these narratives influence the content of law and also cause a redirection of the weight onto minorities to explain their constitutional rights claims (Menon, 2020; Sathe, 2019). It is in this context that the presence of a pluralism guardian court is often sought, especially to guard constitutional promises of equality and non-discrimination in the event of popular will that can reverse the same. The practical problem of judicial reasoning through the invocation of constitutional morality therefore poses some basic questions regarding the counter-majoritarian nature of the courts, the boundaries of the democratic decision-making and also the future of secularism as a living constitutional principle. The question of whether constitutional morality can serve as a successful normative protection of minority rights, or whether it will end up being a political instrument, bound by real world politics, is a major issue of concern of constitutional governance in modern India.
The Inter-American court of human rights’ engagement with international human rights instruments: an analysis of environmental protection jurisprudence
The Inter-American Court of Human Rights (IACtHR) has become one of the most liberal courts in identification and elaboration of environmental protection of international human rights law. The American Convention on Human rights has not yet explicitly established the right to a healthy environment, however, the Court has understood the traditional civil, political, economic, social and cultural rights through the prism of the changing international human rights and environmental tools. The Court has used treaties, declarations, and principles of soft law to develop a preventative, participatory, and rights-oriented environmental framework through advisory opinions and contentious cases, especially those that concern the Indigenous and tribal communities. The paper is a critical analysis of the IACtHR jurisprudence in relation to environmental protection with the consideration of how international human rights instruments have been incorporated within the judicial rationale. Through the review of landmark cases that include Awas Tingni, Saramaka, Yakye Axa, Kaliyna and Lokono, and Advisory Opinion OC-23/17, the research paper has shown that the Court has changed environmental protection into a human rights issue that can be subject to judiciary. This paper states that the involvement of the international instruments by the Court has played a significant role in the development of the environmental human rights law and provides an effective example to global adjudication of human rights issues.
Copyright (c) 2025 Qubahan Political Journal https://creativecommons.org/licenses/by-nc-nd/4.0
The Politics of Welfare and Rights Judicial Review of Populist Governance in India
This essay discusses judicial review of welfare-oriented populist governance in India, with the constitutional dilemmas between electoral populism, financial accountability and welfare as a right. It examines the manner in which Indian courts interact with welfare schemes widely decried as freebies and at the same time identify the constitutional requirement of social justice as enshrined in the Directive Principles of State Policy. The paper discusses the changing role of the judiciary as a controller of economic populism, and determines whether judicial intervention in the welfare policy enhances constitutional responsibility or threatens to invade democratic and fiscal realms, historically the preserve of elected governments. The paper aspires to consider the validity of substantive equality and constitutional citizenship in placing welfare schemes within the wider framework of redistribution or electorate manipulation through these schemes. It is also an analysis of the consequences of judicial review on fiscal federalism and political responsibility based on a principled and balanced judicial practice that holds constitutional welfare promises consistent with democratic choice and economic viability.
Shaping The New World Order: Political Stability and Power Dynamics
This research examines global political stability within the evolving New World Order, with particular emphasis on great-power rivalry and its regional consequences. Using survey-based evidence, the study shows that perceptions of instability are widespread, as 68% of respondents consider the current global power structure fragile. The findings indicate that intensified competition among the United States, China, and Russia is reshaping security, governance, and economic arrangements across key regions, including the Middle East, South Asia, and Eastern Europe. In addition, 72% of respondents believe that great-power rivalries directly influence regional conflicts, demonstrating the strong connection between global power competition and local instability. The study further emphasizes the necessity of balanced global governance, stronger multilateral diplomacy, and greater regional self-reliance as essential mechanisms for reducing geopolitical tensions. It argues that revitalizing international institutions, particularly the United Nations, strengthening strategic regional partnerships, and promoting inclusive dialogue between established and emerging powers can support a more cooperative multipolar order. The article also emphasizes capacity-building, transparency, and long-term peacebuilding as necessary tools to prevent conflict escalation and regional destabilization. Although great-power competition remains an unavoidable feature of international politics, the study concludes that proactive policy design grounded in cooperation, resilience, and institutional reform can mitigate its harmful effects and contribute to a more stable, equitable, and secure global order.
Digital Lending and Shadow Banking within Indian Legal Frameworks: Systemic Risk and Financial Stability Implications
The structure of credit intermediation is changing due to technological innovation and growing reliance on non-bank intermediaries, which presents a major challenge to financial law and regulation. These developments have been taking place in an institution-based legal framework in India which balances the prudential regulation to deposit-taking banks although functional convergence is increasingly becoming prevalent with the financial intermediaries. Therefore, a significant portion of credit creation has been to be carried out by non-bank and technology-based institutions that carry out bank-like activities but are not under fragmented or indirect regulatory oversight, creating systemic stability vulnerabilities. This article is a doctrinal review of the legal frameworks that govern digital lending and shadow banking in India and their historical development, legislative basis and current modification. It makes three main contributions. First, it conceptualizes financial stability as a legal outcome, shaped by statutory design, regulatory philosophy, and supervisory coherence rather than solely by macroeconomic conditions. Second, it shows that regulatory arbitrage in digital lending is a legal failure, which is the result of institution-based regulation where similar economic credit operation can undergo different legal treatment. Third, it demonstrates how digital lending increases systemic risk by hastening credit cycles, further increasing interconnectedness between regulated and unregulated intermediaries, and procyclical behaviour by driving technology-based decision-making. The study argues that the issue of systemic risk being internalized, and ensuring financial stability in India is achieved by having one, activity-based, macroprudential regulation that encompasses all forms of loan intermediation.
The Human Genome Editing and Criminal Law; A Comparative Legal Analysis of Selected Jurisdiction
Rapid advancements in human genome-editing technologies, particularly CRISPR-based systems, have generated significant ethical and legal concerns, especially in relation to germline interventions. This paper examines the regulatory and criminal law implications of genome editing, with particular focus on modifications involving healthy human embryos that may result in irreversible and heritable genetic alterations. A comparative legal analysis is conducted to evaluate the regulatory frameworks of selected jurisdictions, including the United Kingdom, China, and India. The study reviews statutory provisions, policy guidelines, and documented cases of human genome manipulation to assess how different legal systems address criminal liability, informed consent, and public safety risks. The findings indicate that most jurisdictions either prohibit or strictly restrict germline genome editing due to uncertainties surrounding long-term health effects and intergenerational consequences. The analysis further suggests that criminal liability may arise where genome-editing procedures are performed without valid informed consent or where experimental interventions expose future persons to foreseeable harm. Regulatory inconsistencies and enforcement gaps remain evident across jurisdictions. The paper concludes that a coherent and enforceable legal framework, comprising clear statutory provisions, effective oversight mechanisms, and defined criminal sanctions, is necessary to address emerging risks associated with human genome modification and to safeguard public safety and future generations.
Child sex tourism: Expanding the scope of sexual offender legislation
Countries adopt several strategies to attract tourists in a fiercely competitive tourism market. Many travelers prefer visiting nations that offer child sexual services and have weaker legal enforcement mechanisms. This demand for children has exposed children to several risks and made them vulnerable to offences like sale of children, kidnapping, trafficking, sexual exploitation, and pornography. Some countries have legislations that make it a criminal offense to abuse children in other countries. In India, any sexual activity with a child below eighteen years of age is a punishable offense. Indian law also prohibits the buying and selling of children. To combat this type of crime, governments must collaborate with the tourism industry. This research focuses on the legal regime to punish offenders in India.
Copyright (c) 2023 Qubahan Political Journal https://creativecommons.org/licenses/by-nc-nd/4.0
INFUSING PCAST METHODOLOGY IN SETTING PROBATIVE STANDARDS FOR EXAMINATION OF FORENSIC EVIDENCE
The PCAST methodology anchors the scientific validity of forensic evidence to ensure that what evidence enters the courtroom is not just persuasive but accurate enough to be relevant and admissible. Crime happens within the contours of closed doors; circumstantial evidence is tested on the cornerstone of cross examination, is only reliable link to establish culpability in criminal offences. The other important piece of evidence which is most relevant is forensic evidence, but whether its scientifically reliable is not is the next pertinent question to be asked to establish the culpability of offenders. In this scenario the Presidents’ Council Advice on Scientific Evidence and Technology (PCAST methodology) is a useful tool, which refers to the 2016 report by the President’s Council of Advisors on Science and Technology in the Unites States of America to establish the scientific rigour and admissibility of forensic evidence in criminal cases. In India, the guiding principle of criminal justice is that even if a thousand guilty individuals are acquitted, not a single innocent person should be wrongfully convicted. Hence, it’s essential that scientifically reliable forensic evidence should be presented in the court of law. The accuracy benchmark introduced by PCAST represents a landmark shift into forensic methodologies. The current state of literature shows an abundance of forensic techniques from fingerprint and bite-mark analysis to DNA profiling but lacks a scientifically validated framework for each kind of forensic evidence which this article lays the need to stress upon. The research relies on a doctrinal analysis of the PCAST report, drawing insights from comparative legal frameworks across jurisdictions and highlights data from secondary empirical studies and concludes by identifying critical gaps for future research to maintain accuracy around all forms of forensic evidence and the urgent need to evaluate and upgrade India’s forensic infrastructure, which remains under-equipped and often lacks uniform procedural standards. Thus, this study is both a call to action and a proposed blueprint for improving scientific reliability of forensic evidence, ensuring that justice is guided by science, not speculation.