Month: August 2020

History of Corporate Governance in India

Posted on

This article has been written by Prithiv Raj Sahu, a student of KIIT School of Law, Bhubaneswar (4th year). The article enumerates the concept of corporate governance and its history in India.

Corporate Governance

Corporate governance is not a law it’s a mechanism. Corporate Governance refers to the set of system, principles and processes by which a company is governed. Corporate Governance is based on principles such as

  1. Conducting the business with all integrity & fairness,
  2. Being transparent with regard to all the transactions,
  3. making all necessary disclosures,
  4. Complying with applicable Law,
  5. Accountability & responsibility towers the stakeholder.

History of Corporate Governance in India

The concept of good governance is very old in India dating back to third century B.C. where Chanakya (Vazir of Parliputra) elaborated fourfold duties of a king viz. Raksha, Vriddhi, Palana and Yogakshema. Substituting the king of the State with the Company CEO or Board of Directors the principles of Corporate Governance refers to protecting shareholders wealth (Raksha), enhancing the wealth by proper utilization of assets (Vriddhi), maintenance of wealth through profitable ventures (Palana) and above all safeguarding the interests of the shareholders (Yogakshema or safeguard). Corporate Governance was not in agenda of Indian Companies until early 1990s and no one would find much reference to this subject in book of law till then. In India, weakness in the system such as undesirable stock market practices, boards of directors without adequate fiduciary responsibilities, poor disclosure practices, lack of transparency and chronic capitalism were all crying for reforms and improved governance. The most important initiative of 1992 was the reform of Securities and Exchange Board of India (SEBI). The main objective of SEBI was to supervise and standardize stock trading, but it gradually formed many corporate governance rules and regulations. The initiative in India was initially driven by an industry association, the confederation of Indian industry. In December 1995, CII set up a task force to design a voluntary code of corporate governance. The final draft of this code was widely circulated in 1997. In April 1998, the code was released. It was called Desirable Corporate Governance – A Code. Between 1998 and 2000, over 25 leading companies voluntarily followed the code – Bajaj Auto, Infosys, BSES, HDFC, ICICI and many others.

In India, the CII took the lead in framing a desirable code of corporate governance in April 1998. This was followed by the recommendations of the Kumar Mangalam Birla Committee on corporate governance. This committee was appointed by SEBI. The recommendations were accepted by SEBI in December 1999 and now enshrined in Clause 49 of the listing agreement of every Indian Stock Exchange.

Clause 49 of listing agreement

Listing agreement deals with the complete guidelines for corporate governance. Following are the provisions, a company, must comply to implement effective corporate governance.

  1. Board Independence: Boards of directors of listed companies must have a minimum number of independent directors.
  2. Audit Committees: Listed companies must have audit committees of the board with a minimum of three directors, two-thirds of whom must be independent.
  3. Disclosure: Listed companies must periodically make various disclosures regarding financial and other matters to ensure transparency.

We can compare the Sarbanes-Oxley Act of 2002 and Clause 49. Clause 49 was based on the principles of Sarbanes-Oxley Act of 2002. It was developed for the companies listed on the US stock exchanges. As far as the responsibilities of management and number of directors were concerned, they are both the same. They also have same rules regarding insider trading, refusal of loans to directors and so on. The important difference between the two is under Sarbanes-Oxley legislation if fraud or annihilation of reports takes place up to 20 years of imprisonment can be charged, but in case of Clause 49, there is no such condition. Being the controller of the market SEBI can commence a criminal proceeding. If in case SEBI decides to give a severe punishment then it can commence a criminal proceeding or raise the fine for not agreeing with Clause 49, which automatically delists the company.

Amendments to the Companies Act, 1956

India took up its economic reforms programme in 1990s. Again a need was felt for a comprehensive review of the Companies Act, 1956 which has become the bulkiest and archaic with 781 sections and 25 schedules by this time. Three unsuccessful attempts were made in 1993, 1997 and then in 2003 to rewrite the company law. Companies (Amendment) Bill, 2003 which contained several important provisions relating to corporate governance was withdrawn by the Government in anticipation of another comprehensive review of the law. As many as 24 amendments to this Act were made since 1956, of which the 52 amendments pertaining to corporate governance and corporate sector development through the Companies (Amendments) Act, 1999, the Companies (Amendment) Act, 2000 and the Companies (Amendment) Act, 2001.

Corporate Governance provisions in the Companies Act, 2013

 The enactment of the companies Act 2013 was major development in corporate governance in 2013. The new Act replaces the Companies Act, 1956 and aims to improve corporate governance standards simplify regulations and enhance the interests of minority shareholders.

  1. Board of Directors (Clause 166)
  2. Independent Director (Clause 149)
  3. Related Party Transactions (RPT) (Clause 188)
  4. Corporate Social Responsibility (CSR) (Clause 135)
  5. Auditors (Clause 139)
  6. Disclosure and Reporting (Clause 92)
  7. Class action suits (Clause 245)

Importance of Corporate Governance

  1. Creation of wealth
  2. Protecting the interest of shareholders and all other stakeholder
  3. Shapes the growth and future of capital market and economy
  4. Contributes to the efficiency of the business enterprise

Conclusion

The concept of corporate governance once there is a brand image, there is greater loyalty, once there is greater loyalty, there is greater commitment to the employees, and when there is a commitment to employees, the employees will become more creative. In the current competitive environment, creativity is vital to get a competitive edge. Corporate Governance in the Public Sector cannot be avoided and for this reason it must be embraced. But Corporate Governance should be embraced because it has much to offer to the Public Sector. Good Corporate Governance, Good Government and Good Business go hand in hand.

Latest Posts

Evolution of Right of Privacy in India with special reference to KS Puttaswamy

Posted on

This Article is Written by Manav Sony from Amity University, Kolkata. The Article talks about the principle of Right to Privacy in our country with a reference to the latest Puttaswamy Judgement which came up in the year 2015.

INTRODUCTION

“Man’s house is his castle.” This short phrase depicts a lot about Right to Privacy in a Human Being. Every human being desire to have some things confidential in their life which they do not want to share with anyone else. The Right to Privacy has earned a lot of momentum and prosperity throughout the world and it has been recognised as a fundamental right. The enormous deliberation on the right to privacy had actually commenced after a debate of “Warren and Brandeis” and this particular debate was elucidated nicely in the research paper. Many countries like UK, USA, India etc. have given a lot of recognition to the right of privacy. This particular right is recognised at the books of our constitution under Article 21 which reads as follows:

“21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law”

Our Constitution has not actually guaranteed the right as an explicit right to the entire citizens, but nonetheless, the Supreme Court of India had construed this right as a part of a person’s life and also personal liberty as per Article 21 as mentioned earlier and this right had been unravelled by the Indian Government in the recent case of Justice KS Puttuswamy v. Union of India where this right has been recognised as one of the most important rights in the field of judiciary and also the well being of the citizens at large. Regarding Article 21, Justice Khanna had clearly stated a point that human existence is not like mere animal existence. Each and every person deserves to have dignity and privacy is the most important fact with regards to the utmost enjoyment in someone’s life at a glance. Right to Privacy has actually travelled a widespread journey so as to attain a status of fundamental right in the books of the Indian Constitution. There are a large variety of cases which deals with the acceptance and denial of the particular right with respect to all the mentioned points which will be further elaborated so as to have a technological understanding with regards to its evolution within the Indian region and also it was the contribution of the laws of the United States of America since our Judiciary fully relied upon the laws which were formulated by the US Government in order to have unequivocal adjudication of the matters which concerns about the privacy of a particular person. Privacy is something which is really very needed during this time. There have been a lot of cases that happened under this context which has portrayed various dimension on the basis of this right. In the next subtopic, we are going to discuss the landmark judgement which was given by none other than Justice KS Puttuswamy which totally changed the concept of this right under the Indian Judiciary. This case also gives setback information as to how this right to privacy actually came into existence and what judgement was actually made. 

Justice KS Puttaswamy Judgement

Right to Privacy one of the most eminent and alarming aspects came into a steeper force when the nine-judge bench of the Supreme Court of India had delivered its judgement in the case of Justice K.S. Puttaswamy (Retd.) v. Union of India. This particular case had held that the right to privacy is a constitutionally protected right that not only emerges from the guarantee of life and even personal liberty as per Article 21 of the Constitution of India. It also mentioned a fact that it arises into various other contexts too from the other parts of freedom and also dignity which is guaranteed by the fundamental rights that are included in Part III of the Indian Constitution. The nine-judge bench had made a landmark judgement in which they had stated that privacy included at its main head the preservation of the personal atrocities, the sanctioned family life, marriage, procreation, home and also sexual orientations. Privacy also included a right to be left fully alone. Privacy actually safeguards the autonomy of a person and it also recognizes the ability of a particular person so as to control certain important aspects of his or her life. Some personal choices govern a way of a normal life which are intrinsic to the right of privacy. Privacy also helps in protecting heterogeneity and also gives recognition to the plurality and also diversification of the culture. When the entire legitimate expectations were made and it varied from the intimate to the private zone and also from private to public areas. It is really very important to note that privacy is not lost or surrendered under any instant because of the fact that the individual lies in a public place. Privacy attaches to the person from the fact of the dignity of that particular person. 

Conclusion

The inference can be drawn from the above-mentioned discussion that India relied upon the USA constitution for the interpretation of the right to privacy within Indian sphere, therefore, it can be said that American constitution has played a pivotal and significant role in moulding the right to privacy inaccurate shape. It was always observed that right to privacy is derived from the right to life and personal liberty and the recent judicial precedent about recognition of the fundamental status of the right to privacy has provided constitutional protection to private and confidential information and violation of said right will result in stringent legal action against the infringer. The purpose behind establishment of the right to privacy is with respect to the protection of personal information shared on digital platforms and since India doesn’t have privacy law as such, the fundamental status of privacy will protect this right from being contravened by others. Right to privacy which was pronounced as “right to be let alone” by Justice Subba Rao while dissenting the majority judgement in the case of Kharak Singh v. State of U.P., has finally obtained the correct place in the Indian constitution after various discussions and deliberations took place in numerous cases which dealt with various aspect of the right to privacy in Indian constitution. Therefore the effort of apex court should be commended because providing the fundamental status was a daunting task and despite plenty of protest and problems, the supreme court succeeded in giving the right space to the right to privacy and now a confidential and covert information of private individuals will be under the protection and unauthorized intrusion in private matters will result in rigid punishment.

Latest Posts

Archives

C.C.I. Chamber/s Co-op. Housing Society Ltd. v. Development Credit Bank Ltd

Posted on

This article is written by Tulip Das, currently pursuing BBA L.L.B(H) from Amity University Kolkata. This case analysis is about C.C.I. Chamber/s Co-op. Housing Society Ltd. v. Development Credit Bank Ltd, (AIR 2004 SC 184).

Case Number

Civil Appeal No. 7228 of 2001

Judges

R.C. Lahoti and Ashok Bhan, JJ

Decided on

29/08/2003

Citation

AIR 2004 SC 184, 2003 Supp (3) SCR 139, CTJ 849

Relevant Act

Section 32 of the Consumer Protection Act, 1986.

Facts

The appellant, C.C.I. Chamber/s Co-op. Housing Society Ltd., had a Savings Bank Account with the respondent, Development Credit Bank Ltd.

The appellant filed a complaint claiming insufficiency in service by the respondent, proposing that the Bank had wrongly debited an amount of Rs. 75,70,352 in the account of the complainant by honouring such cheques that bore forged signatures of the complainant and in some of the cheques, the figures had been altered. 

Around 72 cheques were issued on such dates when one of the two persons while drawing the cheques found that they were already dead.

One of them denied his signatures and such disputed signatures did not at all tally with the standard specimen signatures.

Suspicion was raised against an official of the respondent Bank.

The complaint was thus filed after serving notice on the respondent Bank.

Procedural History

In 2001, the residents of C.C.I Chambers Co-operation Housing Society Ltd., an upmarket housing society in South Mumbai, filed a complaint with the National Consumer Disputes Redressal Commission, New Delhi (NCDRC) stating that in their bank account in the Development Credit Bank Ltd, Rs. 75,70,352 have been wrongfully debited. They filed a complained under Section 32 of the Consumer Protection Act, 1986, that such a big amount has been debited by the bank to their account through cheques that contained forged signatures and some cheques with figures altered. However, not being satisfied with the decisions of the National Commission, the appeal was made to the Supreme Court by the residents. The appeal was allowed. The impugned decision of the National Commission is set aside. The case is sent back to the Commission for a fresh hearing.

Issue Raised

  1. Whether the crime was committed by the respondents by tampering the cheques?
  2. Whether it was a case under section 23 of the Consumer Protection Act, 1986?
  3. Whether it was the case of the NCDRC?

Ratio Decedendi

The appellate argued that the bank has acted in an inappropriate manner by debiting such a huge amount into their account and then lodged a complaint to the NCDRC under Section 23 of the Consumer Protection Act, 1986.

When we look into the definitions of the section, it reads as follows: –

Section 23. Appeal – Any person, aggrieved by an order made by the National Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of section 21, may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order: Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period:

Judgment of the Court

The decision arrived at by the NCDRC was premature. The Court said that when the pleadings of both the parties were available, the Commission should have formed an opinion of the nature and scope of the enquiry. If the Commission had acted in a matured manner, then the question whether decision in the light of the pleadings of the parties required a detailed and complicated investigation into the facts which was incapable of being undertaken in a summary and speedy manner would not have aroused. The decision in the light of the pleadings of the parties required a detailed and complicated investigation into the facts which was incapable of being undertaken in a summary and speedy manner. 

Therefore, the appeal was allowed and the impugned decision of the National Commission has been set aside. The case is sent back to the Commission for hearing afresh consistently with the observations made hereinabove. There was no order as to the costs.

Latest Posts

Archives

Call for members: Team Attorneylex

Posted on

ABOUT THE ORGANISATION

Team Attorneylex is a newly developed organisation that is devoted to the law students of the country. Our primary purpose is to guide the law students in their legal research, content writing, analysing the case laws, read or understand the courts’ judgments, etc. because we believe that these things are an essential part of the legal profession.

NATURE OF WORK

The person selected will be expected to complete their concerned responsibilities in an efficient and timely manner.

LOCATION

Work from home

WHO CAN APPLY?

Law students/graduates/students from other fields having relevant experience are encouraged to apply.

MEMBERSHIP POSITIONS

1. Legal News Writers

  • Vacancies – 10
  • Writing daily Legal News.

2.   Graphic Designers

  • Vacancies -5
  • Prior knowledge of poster designers platforms is a plus point.
  • Designing innovative posters for our social media handles and future events.

3.   Website Managers

  • Vacancies – 2
  • Prior knowledge of WordPress is required.
  • Updating content and opportunities on our website daily.

4.   Marketing Board members

  • Vacancies – 20
  • To contact the collaborators for the media partner for the events.
  • To help the organisation in the promotion of events in social media.

STIPEND

No stipend.

TENURE

Three months.

PERKS:

  • A Certificate of appreciation will be given every month based on performance to the selected top performers.
  • Certificate of completion will be given upon successful completion of the tenure of three months.

HOW TO APPLY

The applicant can send their application for a concerned position on internship@teamattorneylex.in with your CV and prior experience (if any) on or before 11:59 PM, 15/September/2020 with the subject “Membership Application for concerned position name”.

Join Our WhatsApp group for daily legal news, opportunities, competitions, Internship program etc.

WhatsApp Group(2): https://chat.whatsapp.com/IMdSBEnmunn6YqMPwUCEl9

WhatsApp Group(3): https://chat.whatsapp.com/FHnocj7t6zJ7YluS9i3uQk

Follow Us

Instagram: https://www.instagram.com/TeamAttorneylex/

LinkdeIn:

https://www.linkedin.com/company/team-attorneylex

If you have any queries feel free to contact

Vanshika – 07055460463

Gaurav -09616696008

Email– contact@teamattorneylex.in

Website:

teamattorneylex.in

Central Indian Debating Championship by NLIU, Bhopal

Posted on

About Debating Championship

The Debating Society of NLIU, Bhopal is delighted to invite you to the Central Indian Debating Championship, which is scheduled from 2nd to 4th October 2020. The aim of this Competition is to foster the debating culture in the Central Indian states of Bihar, Chhattisgarh, Jharkhand, Madhya Pradesh and Uttar Pradesh. This competition is a golden opportunity for novice debaters who wish to hone their Debating Skills and develop their overall personality. Cash prizes upto Rs. 15,000 are up for grabs!

Eligibility Criteria

  1. Enrolled in PG courses;
  2. Enrolled in UG courses;
  3. Enrolled in school having passed 10th grade; or
  4. Enrolled in coaching institutes having passed 12th grade.

Format

The format of the debate will be the Asian Parliamentary Debate (AP). Each participating team must consist of three students. Adjudicators for the competition may be institutional or independent.

Important Dates

  • Closing of Registrations: 13th September 2020
  • Dates of Competition: 2nd to 4th October 2020

Registration Details

  • Rs. 250/- per speaker
  • Rs. 200/- per Adjudicator

The link to the registration form is here.

For more information visit here https://www.lawctopus.com/wp-content/uploads/2020/08/CIDC.pdf

ICFAI’s Webinar on Protection of Right to Life & Livelihood During COVID-19 Pandemic

Posted on

About the University

The ICFAI University, Dehradun was established under the provision of the ICFAI University Act, 2003, (Act No.16 of 2003), enacted by the state of Uttarakhand, India. The University is recognized by the University Grants Commission under Sec 2(f) of UGC Act 1956.

About the Speaker

Hon’ble Mr. Justice Swatanter Kumar, Former Chairman of National Green Tribunal, New Delhi & Former Justice of Supreme Court of India.

Hon’ble Mr. Justice Swatanter Kumar was appointed as the Chief Justice of the Bombay High Court on 31st March 2007. One of his contributions was to establish courts at the Talukas (at village level). Having served as chief justice for nearly a period of three years, he was elevated as Judge of the Supreme Court of India on 18th December 2009. He has, during his tenure in the judiciary authored and pronounced various landmarks Judgments in the field of Constitutional Law, Arbitration and Environment Jurisprudence. Post-retirement 2017.

He was also appointed as the Chairperson of the National Green Tribunal. He was instrumental in delivering several landmark judgments widening the horizons of environmental jurisprudence in India. These judgments have related to cleaning of rivers Ganga and Yamuna, Lakes, Air Pollution, Himalayan Glaciers, Municipal Solid Waste and Protection of Forests.

He has been bestowed with 12 different Awards including the National Law Day Award, lifetime achievement awards, International Human Rights Award, Bharat Jyoti Award, Distinguished Services Award by the Indian Medical Association and awards by other National and International organizations. He has been nominated by parties and also appointed by the Courts as Sole Arbitrator, Presiding Arbitrator of the Multiple Member Arbitral Tribunal and Member of the Multi-Member Arbitral Tribunal.

Hon’ble Mr. Justice Michael D. Wilson Supreme Court of Hawaii, USA

Hon’ble Mr. Justice Michael D. Wilson was appointed to the Hawaii Supreme Court on April 17, 2014, after serving as a Circuit Court Judge of the First Circuit since May 10, 2000. As a Circuit Court Judge, he presided over adult drug court, adult mental health court and the felony criminal trial court.

Prior to his appointment as a Circuit Court judge, Justice Wilson was the director of the Department of Land and Natural Resources, Chair of the Board of Land and Natural Resources, Chair of the State Water Commission and a Trustee of the Kahoolawe Island Reserve Commission. He was awarded a lifetime membership in the Western Association of Fish and Wildlife agencies in 1999.

Previously, he was a partner in the law firms of Pavey Wilson & Glickstein and Hart Wolff & Wilson where he practiced civil and criminal trial and appellate law. Justice Wilson received his law degree from Antioch School of Law in Washington D.C., and bachelor’s degree from the University of Wisconsin-Madison. Justice Wilson is also a founding member of the Global Judicial Institute on the Environment and an adjunct faculty member of the Jindal Global University Law School in Sonipat, India.

About the International Webinar

Topic: Protection of Right to Life and Right to Livelihood During COVID-19 Pandemic

Fee: No Registration Fee

To register for the webinar, click here.

Date and Time: 31st August 2020 & 11 A.M. Onwards

Note: E-Certificates shall be provided to all the Registered Attendees.

Contact

Mr. Vishal Bera

Email: vishal.bera[at]iudehradun.edu.in

Mobile: 9830558751

For more information visit here https://www.lawctopus.com/wp-content/uploads/2020/08/Final-Brochure.pdf

The Law Street presents 1st Shri Pushkar Singh Baghel Memorial National Online Memorial Writing Competition, 2020

Posted on

About The Event

The Law Street and Shri Pushkar Singh Baghel Memorial Committee is organizing 1st Pushkar Singh Baghel Memorial National Online Memorial Writing Competition in the memory of renowned advocate Late Shri Pushkar Singh Baghel, in collaboration with Central Law Publications, Law Literature Publications and MemoPundits. We as an organization have decided to undertake this initiative to enlarge the spectrum of learning and encourage students to sharpen their research and drafting skills.

On this platform of memorial writing competition, we aim to recognise talent and skills and give due recognition to researchers and drafters which otherwise somehow gets shadowed with oral arguments in a competition. Also this will help the participants develop a habit to cover the legal issues pertaining to the society and present their viewpoint in the required manner.

About SHRI PUSHKAR SINGH BAGHEL

Shri Pushkar Singh Baghel completed his graduation from Kashi Vidyapeeth, Varanasi in 1994 and became a lawyer in the year 1998 after completing his LLB from Lucknow University. He also did an M.B.A. from I.G. Open University. He became a Member of the Oudh Bar Association from 2002. He was the Joint Secretary of Oudh Bar Association for the session 2011-12. He was in the Panel and council of the following;-

  • UP Power Corporation since year 2004
  • UP Export and Import Corporation since year 2006
  • UP Sugar Federation and Sugar Corporation since year 2006
  • Khadi Board/Corporation of India since 2016

He also became the Brief Holder (Civil) High Court w.e.f 08/05/2013 and became Standing Council, High Court w.e.f July, 2018. Shri Pushkar Singh’s unfortunate demise in 2019 has left us all with grief and this competition is a humble step for the remembrance of a great human being and idealistic personality in the legal fraternity. We are grateful to his father, Shri Gurudeo Singh, and Shri Pushkar Singh Baghel Memorial Committee for helping and guiding us to organize this event as a memoir in his name, and also give our regards to Shri K. N. Singh, Former Chief Justice of India, of organizing this Memorial Writing Competition in his nephew’s name. Shri Pushkar Singh is currently survived by his wife Smt Preeti Singh and his two sons Shrihaan Baghel  and Hemang Baghel.

IMPORTANT DATES

  • Release of the Proposition-                        August 13, 2020
  • Last Date of Registration-                          September 15, 2020
  • Last Date for seeking Clarifications-         September 17, 2020
  • Release of Clarifications-                           September 20, 2020
  • Last Date of Submission of Memorials-    September 26, 2020
  • Felicitation/Valedictory Ceremony-              October 04, 2020

PARTICIPATION & ELIGIBILTY

  • The competition is open for students currently pursuing their Bachelor’s degree in law i.e. 3 Year LL.B. courses or 5 Year LL.B. courses from any recognized College/University/School in India.
  • There is no bar on the number of participation or entries participating from any College/University/School.

PERKS

The participants securing the first three positions i.e. First, Second and third shall be felicitated with prizes which include the following: 

  1.  First Position: Any Law Book/ Dictionary of Choice worth INR 3,000/* + Constitutional Law by Avtar Singh + Code of Criminal Procedure by S. N. Mishra + Law of Corporate Governance by Diwakar Sharma + 1 Free MemoPundit Course worth INR 4500/- + Cash Prize of INR 600/-
  2. Second Position: Any Law Book/ Dictionary of Choice worth INR 2,000/* + Constitutional Law by Avtar Singh + Code of Criminal Procedure by S. N. Mishra + 1 Free MemoPundit Course worth INR 4500/- Cash Prize of INR 500/-
  3. Third Position: Any Law Book/ Dictionary of their Choice worth INR 1,000/* + Code of Criminal Procedure by S. N. Mishra + 1 Free MemoPundit Course worth INR 4500/- + Cash Prize of INR 400/-
  • Constitution of India by Dr. B. R. Ambedkar by Law Literature Publications to Top 25 Scorers.
  • Certificate of Excellence shall be provided to the Top 25 Scorers.
  • Monthly Subscription of MyLaw Courses worth INR 700/- each for Top 10 Scorers.
  • E-Certificates to all participants shall be provided.

PROCEDURE FOR REGISTRATION

  • The participants can register themselves by sending the following details (in case of team participation, the details of both the members are required) at eventsthelawstreet@gmail.com along with a screenshot/payment receipt of the payment of registration fees-

Name, Email-address, Name of College/ University,WhatsApp Number, Calling Number (if different from WhatsApp number).

[Note: For team participants, the required details of both the members shall be given]

The Registration shall be confirmed only after a confirmation email along with the Team Code shall be sent to the participants.

Registration fees-

  • Individual- INR 100/- 
  • Team of two- INR 150/-

Payment Details:

               Account No.- 916394150387

               IFSC Code- PYTM0123456

               Bank Name- Paytm Payments Bank

               Branch- Noida Branch

               Bhim UPI Id- 6394150387@paytm

               Account Holder Name- Kaustubh Shandilya

FOR THE RULES & GUIDELINES CLICK HERE

FOR THE PROPOSITION CLICK HERE

Contact us

All correspondence and queries may be addressed to-Email- eventsthelawstreet@gmail.com

WhatsApp/ Call-

Kaustubh Shandilya: +91 6394 150 387                           

Manya Kaushik: +91 88605 64349

For more information visit here https://www.thelawstreet.com/events

Theories of Justice: Rawls, Fuller, Nozick

Posted on

This article is written by Shambhavi Shree, a student of KIIT School of Law, Bhubaneswar (4th year).

Nozick’s Theory of Justice

Robert Nozick an American political philosopher was born in Brooklyn, New York in 1938. He died of stomach cancer in the year 2002. He introduced in his first book Anarchy, State, and Utopia (1974) “the entitlement theory of justice” and stated that every human being shall possess what they are entitled to. Nozick said that every human being is born with a fundamental individual right. No one should seize the right of entitlement from the other by wrongful act or misconduct. Some people gain benefits illegally by stealing, seizing, forgery, subterfuge, abuse, defraud, etc. As Nozick rightly pointed out the concept of just distribution through legitimate means. The most important demand for the rule of law is that those who work the hardest have more rather than equal distribution. Entitlement theory lays down three principles:

  1. Justice in acquisition: A person who acquires a holding justly is entitled to that holding. 
  2. Justice in transfer: If someone transfers you something then you can possess but such transfer must be legally valid.
  3. Principle of rectification of injustice: If someone’s right is infringed through coercion, fraud, robbery, looting, mugging, enslavement, theft, etc then they can file a claim against the beneficiaries.

Rawls’s Theory of Justice

Jhon Rawls an American political philosopher was born in Baltimore, Maryland in the year 1921 and died in 2002. He wrote his book Political Liberalism (1993), The Law of Peoples (1999), and Justice ad Fairness (2001). Although the concept has been already discussed by other philosophers the original book of Justice as Fairness was reissued in 2005. He introduced various principles and stated that the people must decide the principle of justice from behind a “veil of ignorance”. Veil of ignorance is a method of determining the morality of issues in which the decision-makers are completely clueless and they decide the law with a new conception. Rawls suggested the literal interpretation of a veil of ignorance should not be considered. The purpose of this theory was to promote fairness, equality, justice, morality, a good conscience, and social status. Rawls two principle of justice includes:

  1. The principle of greatest equal liberty.
  2. Principle of justice.

People living in society frame the laws and the individuals are instructed to follow the same this concept is also known as the social contract theory. Law framed by one single authority can exercise his/her position of power among a large number of people that’s why it is necessary to split the authority rather than vesting the power to one single individual. Earlier the power was given to men to take decisions and they were not aware of the problems faced by the woman resulted in biased judgment which leads to coercion, threat, deception, fraud, etc. Decision-makers do not give decisions based on gender bias, rich or poor, wealth, skin color, caste, class, race, creed, or religion. He further stated that to resolve the property-related disputes a judiciary is necessary and police force or military is responsible for protecting the rights of individuals. According to Jhon Rawls, all people in a fair society must possess:

  • Right to freedom. 
  • Self-respect.
  • Powers and opportunities. 
  • Every individual must have sufficient money to fulfill their needs and demands.

Fuller’s Theory of Justice

Lon Luvois Fuller was a most popular American legal philosopher born on June 15, 1902, and died on April 8, 1978. He published his book named Morality of Law, 1964. Natural law is the law that transformed old law into a cosmopolitan system. Fuller stated that there is no connection between law and morality. He debated with prominent British legal philosopher H.L.A. Hart that there is not a complete separation but a close connection between morality and law. He further argued that there are two kinds of morality:

  1. External morality of law
  2. Internal morality of law

         i) To put law or degree into action.

        ii) Retroactive legislation.

        iii) Be general.

        iv) Unclear legislation.

        v) Not be inconsistent.

        vi) Not require the impossible.

       vii) Be congruent or consistent with official action.

       viii) Be reasonably stable.

These laws incorporate moral standards of fairness, respect, and predictability that together constitute the rule of law. To have an adequate legal system one must keep in mind these principles in a system of governance otherwise the system will lack behind.

Case

Ram Lakhan V. State on 5th December 2006 137(2007) DLT 173

In this case, a beggar was found begging and he was arrested in a Certified Institution for 1 year (later reduced to 6 months) under Section 5(5) of Bombay Prevention of Begging Act, 1957. Hon’ble High Court looked after various circumstances:

  1. A person begs when he is unemployed.
  2. He may be an alcoholic or drug addict.
  3. He might be involved in some sort of gang or something.
  4. He may be helpless, starving, poor, or in desperate need of food.

It was concluded that a person found begging need not and ought not to be detained in a Certified Institution because his act of solicitation was not voluntary but under duress. The beggars beg to survive and the authority must look that nobody should beg.

Conclusion

Nozick was not in favor of Rawls’s theory and stated that his theory resulted in inequality in human development. Rawls’s theory focused on interference with individual liberties against laws promoting public order and safety. Nozick principles focused on basic fundamental rights of an individual (right to freedom, right to equality, right to speech, right to property, right to constitutional remedies, right against exploitation, right to freedom of religion, culture, and educational rights, etc). But he falsely pointed out the concept of dealing with the freedom of one single individual rather than all the individuals living in the society or the community at large. Rawl looked into the welfare of the community without discriminating against any individual.

Reference

  • https://www.omicsonline.org/open-access/robert-nozick8217s-entitlement-theory-of-justice-libertarian-rights-and-the-minimal-state-a-critical-evaluation-2169-0170-1000234-97787.html
  • https://www.britannica.com/biography/Robert-Nozick/The-entitlement-theory-of-justice
  • https://www.researchgate.net/publication/337402791_Lon_Fuller’s_Rule_of_Law
  • https://heinonline.org/HOL/LandingPage?handle=hein.journals/otago4&div=9&id=&page=
  • https://www.jstor.org/stable/27652636?seq=1

Latest Posts

Archives

IJAL’s 5th Gary B. Born Essay Competition on International Arbitration

Posted on

About the Competition

The Gary B. Born Essay Competition on International Arbitration encourages law students to explore forward-looking issues in international arbitration. In 2019, CARTAL successfully conducted the 4th edition of the Gary B. Born Essay Competition on International Arbitration, which included the following themes: (1) Making India an ‘Arbitration Hub’: Issues and Implications, (2) Settling into a post-Achmea Europe, and (3) Mandatory Arbitration Policies for Employment Disputes. In keeping with previous years, CARTAL is organising the 5th Gary B. Born Essay Competition (‘Competition’) to encourage research and literature in international arbitration. To this effect, the themes of the fifth edition of the competition aim to foster research on some of the contemporary developments in international arbitration.

Themes

The themes of the fifth edition of the competition aim to foster research on some of the contemporary developments in international arbitration, and are listed below:

  • The Case for or against: Appellate Tribunals in Arbitration
  • The ‘Red Flag’ of Corruption in International Arbitration
  • Double Hatting in International Arbitration

Eligibility

The competition is open to all students enrolled in an undergraduate or postgraduate program in law (B.C.L., J.D., LL.B., LL.M., or their local equivalent) in any recognized university across the world.

Students who have completed an above-mentioned program or their equivalent in 2020 and postgraduate students who are selected for, and will be enrolled in any such program for 2020-2021 are also eligible to participate.

Submission Deadlines

To participate in the competition, interested students must e-mail a copy of their completed essays to editors[at]ijal.in.

Deadline

  • The last date for submission is September 20, 2020, 23:59 hours (Indian Standard Time, GMT +5:30).
  • The results of the Competition shall be announced in the last week of October 2020.

Perks

  • First Prize: Cash prize of USD 250, Letter of Appreciation from Mr. Gary B. Born, Signed copy of a book authored by Mr. Born, and An opportunity to be considered for publication in the next issue of IJAL.
  • Second Prize: Cash prize of USD 125, Letter of Appreciation from Mr. Gary B. Born, and An opportunity to be considered for publication in the next issue of IJAL.
  • Third Prize: Cash prize of USD 75, Letter of Appreciation from Mr. Gary B. Born, and An opportunity to be considered for publication in the next issue of IJAL.

Guidelines Details

  • The essay must be submitted in Microsoft Word document format (.doc/.docx).
  • The essay must contain an abstract, not exceeding 250 words. It must indicate the theme.
  • A participant can submit an entry for one theme only.
  • Co-authorship is not permitted.
  • The word limit is 4500 – 6500 words including footnotes.
  • The essay must be original and bonafide work of the participant.
  • The essay must be written in English.
  • Footnotes must follow the Bluebook system of citation (Harvard, 20th edition).
  • The essay should not be submitted for any other competition and/or for any other purposes.

The essay must be accompanied by a separate document containing the following:

  • Full name of the participant
  • Theme chosen
  • Participant’s current year of study and name of the degree pursued
  • Name and full address of the participant’s university
  • Name and full postal address of the participant
  • Phone number of the participant
  • E-mail ID of the participant

Contact Information

Email ID: editors[at]ijal.in or editor.cartal[at]gmail.com.

Visit here for more info. https://www.lawctopus.com/wp-content/uploads/2020/07/Proposal_5th_GBEC.pdf

Call for Papers: Indian Journal of Law, Polity and Administration [IJLPA]

Posted on

About Indian Journal of Law, Polity and Administration

Indian Journal of Law, Polity and Administration (IJLPA) is open access & double-blind, peer-reviewed, refereed quarterly published research journal dedicated to express views on topical current issues, thereby generating a cross current of ideas on emerging matters.

CALL FOR PAPERS

IJLPA invites research Articles, Book Reviews, and Case Commentaries from the fraternity of Law, Political Science, and Public Administration for its forthcoming issues. The articles published are also available for open access at the ‘Journal’ section of IJLPA’s website.

THEMES FOR MANUSCRIPT

Any topic related to Law, Political Science, Public Administration & Good Governance.

MANUSCRIPT SUBMISSION TYPE

  1. Research Article
  2. Case Comments
  3. Book Reviews

SUBMISSION GUIDELINES

Author(s) need to submit the manuscript along with an Abstract (abstract shall not be more than 350 words) and keywords, related to the subject of Law, Political Science, Public Administration or any other interdisciplinary research work with current scenario.

CO-AUTHORSHIP LIMIT

  • Co-authorship is allowed for any number of Authors for a single submission.
  • Separate certificates will be provided to each author.

PUBLICATION/CONTRIBUTION FEES

There shall be no publication/contribution fees in any stage of Publication.

SUBMISSION & PUBLICATION SCHEDULE

Manuscript Submission Till: 15th September 2020

Review Results (Acceptance/Rejection) Notification: Within 10 Days of Paper Submission.

Manuscript Publication: 28th September 2020

Disposal of  E-Certificate to registered E-Mail of Author: Within 2 weeks after publication.

MODE OF SUBMISSION: SUBMIT MANUSCRIPT HERE

                                                                           OR

Google Form Link: https://forms.gle/sZF5LFwzFRJgEPMz8

TERMS & CONDITIONS FOR AUTHOR(S) FOR SUBMITTING THE MANUSCRIPT FOR PUBLICATION

   A. General Guidelines for Author(s)

  1. Authors should not mention their name or any kind of identification mark in the manuscript. A separate sheet or submission form can be used to fetch all the information. The Authors are required to submit correct information on the Submission Form.
  2. Papers must be original which must be written solely by the Author(s), in English, and should not have been submitted for publication elsewhere. Please read the Copyright Policy carefully before submission.
  3. Plagiarism is strictly prohibited and shall lead to immediate rejection. Please refer to the plagiarism policy before submission.

   B. Format of Manuscript

  1. All Manuscript must accompany an abstract. Word Limit for Abstract shall not be exceeded more than 350 words.
  2. All submissions have to be made in MS Word format with Font of Times New Roman with size 12 and 1.5 line space.
  3. Word Limit for Research Article/Research Papers shall be of 4000-8000 words, Book Reviews: 1000-1500 words, and Case Comment: 1000-2000 words.
  4. Citation Method: Any uniform method for citation may be followed. (ILI, BLUEBOOK or OSCOLA)

   C. Double-Blind Peer Review Process

  1. This journal uses double-blind review, which means that both the reviewer and author identities are concealed from the reviewers, and vice versa, throughout the review process.  
  2. It is the author’s responsibility to ensure that all references and citations are correct, and the submissions do not contain any material that infringes the copyright.
  3. The Editorial Board, as well as the Peer Reviewers, reserves the right for modification of the manuscript to maintain the standard and quality of the submission.

The website link of the journal is here.