Shimla Law Review (Volume-II: 2019) ISSN: 2582-1903 Editorial Advisory Board Justice Ranjan Gogoi Former Chief Justice, Supreme Court of India Justice Surya Kant Judge, Supreme Court of India Justice U.U. Lalit Judge, Supreme Court of India Justice D.Y. Chandrachud Judge, Supreme Court of India Justice Ravindra Bhatt Judge, Supreme Court of India Justice V. Ramasubramanian Judge, Supreme Court of India Justice Tarlok Singh Chauhan Judge, High Court of Himachal Pradesh Justice Sandeep Sharma Judge, High Court of Himachal Pradesh Prof. Ranbir Singh Vice Chancellor, NLU Delhi Prof. P.S. Jaswal Vice Chancellor, RGNUL, Patiala Prof. Balraj Chauhan DNLU, Jabalpur Prof. Poonam Saxena Vice Chancellor, NLU Jodhpur Prof. Kamala Sankaran Former Vice Chancellor, NLU Trichi Prof. D.P. Verma Addl Director (Research & Training), NJA Bhopal Prof. Manoj Kumar Sinha Director, Indian Law Institute Prof. Kamaljeet Singh HPNLU, Shimla Prof. S.S. Jaswal Registrar, HPNLU Shimla All queries regarding Shimla Law Review may be addressed to: Editor, Shimla Law Review Himachal Pradesh National Law University, Shimla 16 Mile, Shimla-Mandi National Highway, Ghandal,District Shimla, Himachal Pradesh-171014. (India) Website: http://hpnlu.ac.in; E-mail: editorslr@hpnlu.ac.in; Tel No.: 0177-2779803; Fax: 0177-2779802 Patron Hon’bleJustice L. Narayana Swamy Chief Justice, High Court of Himachal Pradesh Chancellor, HPNLU Shimla Editor-in-Chief Prof. Nishtha Jaswal Vice Chancellor, HPNLU Shimla Editor ChanchalKumar Singh Assistant Professor of Law, HPNLU Shimla Editorial Committee Santosh Kumar Sharma Assistant Professor of Law, HPNLU Shimla Navditya Tanwar Assistant Professor of Law, HPNLU Shimla Ruchi Raj Thakur Assistant Professor of English, HPNLU Shimla Aayush Raj Teaching Associate, HPNLU Shimla Arun Kumar Assistant Librarian, HPNLU Shimla Student Editorial Committee Surya Dev Singh Bhandari VIII Semester, B.A.LL.B. Priyanka Thakur VI Semester, B.A.LL.B. Khushi Soharu IV Semester, B.B.A.LL.B. Jyotika Rajpurohit II Semester, B.A.LL.B. Copyright © 2019,Himachal Pradesh National Law University, Shimla. All rights reserved. Published by Vice Chancellor,Himachal Pradesh National Law University, Shimla Owned By Himachal Pradesh National Law University, Shimla 16Mile, Shimla-Mandi National Highway, Ghandal, District Shimla Himachal Pradesh-171014. (India) ISSN: 2582-1903 Price (Per Print Copy: Rs. 200/- & US $10) Printed at Shimla (India) Disclaimer The views expressed in the Shimla Law Review are those of the contributors. The Editors and the HPNLU, Shimla do not control nor necessarily subscribe or endorse the views expressed by respective contributors. The Editors and HPNLU, Shimla disown all liability and responsibility for any error,misprint and infringement of any right of other by printing any contribution in the Review. From the Editor’s Desk The Himachal Pradesh National Law University, Shimla (HPNLU, Shimla),placed in the geographical terrains of the Himalayas, is in its fourth year of existence. The Institution is one of few educational Centers in the country which enjoys natural endowment of mesmeric beauty of location topography,excellent/enjoyable weather conditions throughout the year. The University, in this respect, is bestowed with all-natural conditions conducive of seeking, creation and imparting knowledge. The University was established in the year 2016, by the Himachal Pradesh National Law University, Act (Act 16 of 2016). The HPNLU campus is situated at Ghandal, on Shimla-Mandi National Highway, Shimla (H.P.)which is about twenty two kilometers from Shimla. The University has acquired approval of the Bar Council of India and is registered with the University Grants Commission (UGC), New Delhi, under Section 2(f) of the University Grants Commission Act, 1956. The HPNLU Shimla is regular member of Association of Indian Universities (AIU), New Delhi and several other prestigious National and International Institutions/organizations. Since 2019, HPNLU is a member of the Consortium of National Law Universities. In the present critical times, the relevance of research and development in every field has taken center-stage like never before. This is unprecedented time that we are witnessing today, and times like these need utmost positivity on our part, so that we sail though the tough times, emerge victorious and move forward with more strength. Keeping this positive note in mind, it is with immense pleasure that, I present to you the Second Volume of the Shimla Law Review (SLR). It is one of the flagship publications that the Himachal Pradesh National Law University (HPNLU) has published since its inception. The Shimla Law Review is envisioned to be an annual publication, owned and published by the HPNLU, Shimla. The periodical is intended to provide a forum to the Judges, Academicians, research scholars and students for exposition on contemporary legal issues, apart from the traditional challenges that the legal paraphernalia come across. SLR finds its genesis in the backdrop that the role of an institution is beyond traditional classroom interactions. It includes deliberations that can affect the society in multifarious ways and support the progressive values that are imbibed in the Constitution. SLR is an all-encompassing journal and promotes contributions on multiple facets of the legal regime and the ever-evolving width of the law.Apart from the point of view of content, another important component of the SLR is the independence of the review mechanism. This is ensured by keeping a multi-layered review mechanism whereby each contribution is strictly scrutinized before it takes its final shape and is presented to the reader. The present volume covers issues including but not limited to subjects such as theoretical understanding of ‘justice, ‘state’, right to be forgotten,privacy and pandemic, tax laws, and so on. I am confident that this publication would add to the existing debate in a more constructive manner while also paving the way for further debate and research. Editor-in-Chief Prof. Nishtha Jaswal Vice Chancellor Himachal Pradesh National Law University, Shimla
Shimla Law Review (Volume-II: 2019) ISSN: 2582-1903
All queries regarding Shimla Law Review may be addressed to:
Editor, Shimla Law Review Himachal Pradesh National Law University, Shimla 16 Mile, Shimla-Mandi National Highway, Ghandal,District Shimla, Himachal Pradesh-171014. (India) Website: http://hpnlu.ac.in; E-mail: editorslr@hpnlu.ac.in; Tel No.: 0177-2779803; Fax: 0177-2779802
Hon’bleJustice L. Narayana Swamy Chief Justice, High Court of Himachal Pradesh Chancellor, HPNLU Shimla
Prof. Nishtha Jaswal Vice Chancellor, HPNLU Shimla
ChanchalKumar Singh Assistant Professor of Law, HPNLU Shimla
Copyright © 2019,Himachal Pradesh National Law University, Shimla. All rights reserved.
Published by Vice Chancellor,Himachal Pradesh National Law University, Shimla
Owned By Himachal Pradesh National Law University, Shimla 16Mile, Shimla-Mandi National Highway, Ghandal, District Shimla Himachal Pradesh-171014. (India)
Disclaimer The views expressed in the Shimla Law Review are those of the contributors. The Editors and the HPNLU, Shimla do not control nor necessarily subscribe or endorse the views expressed by respective contributors. The Editors and HPNLU, Shimla disown all liability and responsibility for any error,misprint and infringement of any right of other by printing any contribution in the Review.
From the Editor’s Desk
The Himachal Pradesh National Law University, Shimla (HPNLU, Shimla),placed in the geographical terrains of the Himalayas, is in its fourth year of existence. The Institution is one of few educational Centers in the country which enjoys natural endowment of mesmeric beauty of location topography,excellent/enjoyable weather conditions throughout the year. The University, in this respect, is bestowed with all-natural conditions conducive of seeking, creation and imparting knowledge. The University was established in the year 2016, by the Himachal Pradesh National Law University, Act (Act 16 of 2016). The HPNLU campus is situated at Ghandal, on Shimla-Mandi National Highway, Shimla (H.P.)which is about twenty two kilometers from Shimla. The University has acquired approval of the Bar Council of India and is registered with the University Grants Commission (UGC), New Delhi, under Section 2(f) of the University Grants Commission Act, 1956. The HPNLU Shimla is regular member of Association of Indian Universities (AIU), New Delhi and several other prestigious National and International Institutions/organizations. Since 2019, HPNLU is a member of the Consortium of National Law Universities. In the present critical times, the relevance of research and development in every field has taken center-stage like never before. This is unprecedented time that we are witnessing today, and times like these need utmost positivity on our part, so that we sail though the tough times, emerge victorious and move forward with more strength. Keeping this positive note in mind, it is with immense pleasure that, I present to you the Second Volume of the Shimla Law Review (SLR). It is one of the flagship publications that the Himachal Pradesh National Law University (HPNLU) has published since its inception. The Shimla Law Review is envisioned to be an annual publication, owned and published by the HPNLU, Shimla. The periodical is intended to provide a forum to the Judges, Academicians, research scholars and students for exposition on contemporary legal issues, apart from the traditional challenges that the legal paraphernalia come across. SLR finds its genesis in the backdrop that the role of an institution is beyond traditional classroom interactions. It includes deliberations that can affect the society in multifarious ways and support the progressive values that are imbibed in the Constitution. SLR is an all-encompassing journal and promotes contributions on multiple facets of the legal regime and the ever-evolving width of the law.Apart from the point of view of content, another important component of the SLR is the independence of the review mechanism. This is ensured by keeping a multi-layered review mechanism whereby each contribution is strictly scrutinized before it takes its final shape and is presented to the reader. The present volume covers issues including but not limited to subjects such as theoretical understanding of ‘justice, ‘state’, right to be forgotten,privacy and pandemic, tax laws, and so on. I am confident that this publication would add to the existing debate in a more constructive manner while also paving the way for further debate and research.
Editor-in-Chief Prof. Nishtha Jaswal Vice Chancellor Himachal Pradesh National Law University, Shimla
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