The Tribunal Reforms Bill, 2021 which replaces the earlier Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, was recently introduced in the Parliament. The Bill has been subsequently passed by the Parliament. The Bill has led to an abolition of 5 appellate Tribunals and has also brought about changes to the terms of service... Continue Reading →
THE TAXATION LAWS (AMENDMENT) BILL, 2021 – AN OVERVIEW
INTRODUCTION Recently, the Taxation Laws (Amendment) Bill, 2021 was passed by the Parliament by a voice vote. The Finance Act, 2012 had made such offshore transactions, which involved Indian assets, taxable in India. This gave rise to retrospective taxation as even those transactions which occurred before the law was enacted were taxable. This led to... Continue Reading →
OTT REGULATION – THE NEED OF THE HOUR
Recently, the Government of India brought over-the-top (OTT) platforms, such as Netflix, Hotstar, etc., from the purview of the Ministry of Electronics and Information Technology to the ambit of the Ministry of Information and Broadcasting. India is a big and growing market for OTT platforms. The Covid pandemic and the resultant lockdowns provided a boost... Continue Reading →
NATIONAL EDUCATION POLICY, 2020 – AN OVERVIEW
The National Education Policy (NEP), 2020 has proposed significant changes in the Indian education system. The NEP 2020 became India’s third National Education Policy after the National Education Policy of 1968 and the National Education Policy of 1986 (which was revised in 1992). Education is a subject on the concurrent list and hence, both the... Continue Reading →
INTERNATIONAL SOLAR ALLIANCE – AN OVERVIEW
The International Solar Alliance was launched during the Paris Declaration in 2015. India and France are the founding members of the International Solar Alliance. The International Solar Alliance is an international organization based on a treaty that envisages cooperation between the countries that are located near the Tropic of Cancer or Capricorn and receive ample... Continue Reading →
GENERAL INSURANCE BUSINESS (NATIONALISATION) AMENDMENT BILL, 2021 – AN OVERVIEW
Recently, the General Insurance Business (Nationalisation) Amendment Bill, 2021 was passed by both the Houses of Parliament i.er., the Lok Sabha and the Rajya Sabha. This Bill, which was introduced by the Finance Minister Nirmala Sitharaman, amends the General Insurance Business (Nationalisation) Act, 1972. The 1972 Bill was aimed at nationalizing the insurance sector across... Continue Reading →
PERMANENT FORUM OF PEOPLE OF AFRICAN DESCENT- AN OVERVIEW
The United Nations General Assembly has decided, through a resolution, to establish a permanent body called the Permanent Forum of People of African Descent. This comes close to the 20th anniversary of the World Conference against Racism that was held in 2001 at Durban, South Africa. The purpose of the Forum would be to provide... Continue Reading →
VEHICLE SCRAPPAGE POLICY – AN OVERVIEW
The Government in March 2021 had announced the Vehicle Scrapping Policy with the objective of protecting the environment and creating thousands of jobs. This policy provides for the de-registration of any such 20-year-old vehicle which is found unfit or which possesses a non-renewed registration certificate. Such vehicles are supposed to be handed over to the... Continue Reading →
SUPREME COURT JUDGMENT ON FUTURE RETAIL VS. AMAZON – AN ANALYSIS
INTRODUCTION In a recent judgment, a two-judge bench of the Supreme Court upheld the judgment of the Singapore International Arbitration Centre which had stayed the deal between Future Group and Reliance Industries Limited. In August 2020, Future Retail had announced a business deal with Reliance Retail to which Amazon objected stating that the deal would... Continue Reading →
CUSTODIAL VIOLENCE AND DEATHS – AN UNENDING PROBLEM
Custodial violence and custodial deaths have been a long pending problem in India. Several amendments have been introduced by the Legislature to curb this menace, but still, we continue to see incidents of people dying in police or judicial custody due to excessive torture. Many of these incidents go unreported. Even when they are reported... Continue Reading →
SUPREME COURT JUDGMENT ON FUTURE RETAIL VS. AMAZON – AN ANALYSIS
INTRODUCTION In a recent judgment, a two-judge bench of the Supreme Court upheld the judgment of the Singapore International Arbitration Centre which had stayed the deal between Future Group and Reliance Industries Limited. In August 2020, Future Retail had announced a business deal with Reliance Retail to which Amazon objected stating that the deal would... Continue Reading →
ANTICIPATORY BAIL – AN OVERVIEW
INTRODUCTION Anticipatory bail is a pre-arrest bail that is secured by a person who has a reasonable apprehension of the arrest. The 41st Law Commission recommended the drafting of a provision for the protection of a person fearing arrest in a non-bailable offense. CODE OF CRIMINAL PROCEDURE, 1973 Giving effect to this recommendation, the provision... Continue Reading →
PARDONING POWERS OF THE GOVERNORS IN INDIA – AN OVERVIEW
INTRODUCTION The Constitution of India empowers the President and the Governor with pardoning powers. Several countries such as the United States of America, Canada, the United Kingdom, etc., have similar provisions for granting pardons to convicts. Such provisions are based on the spirit of humanity and grace. Article 72 and Article 161 of the Constitution... Continue Reading →
CONCEPT OF RES JUDICATA – AN OVERVIEW
India obtained the concept of res judicata from the Common Law system. Res Judicata has been derived from a Latin maxim which means a matter which has been decided or adjudged. It means that when a suit has already been decided by a competent court, then another suit by the same parties on the same... Continue Reading →