Month: February 2022

About GLC Mumbai

Government Law College enjoys the distinction of being the oldest law school in Asia and has since its inception in 1885, essayed a seminal role in the evolution of the legal and judicial landscape of India.

About the International Law Summit

The 12th Government Law College International Law Summit is being organised by the Students for the Promotion of International Law (SPIL), Mumbai. The Summit is scheduled to take place from 25th
March – 27th March, 2022.

The Summit, aside from the Keynote Address, Panel Discussion, and Call for Papers, comprises the unique Judgment Deliberation Competition, which was conceived within the portals of our institution.

The Theme for the 12th Government Law College International Law Summit is ‘International Intellectual Property Rights’. The Summit seeks to stimulate the minds of the attendees through thought-provoking interactions with experts and doyens of the legal fraternity.

SPIL welcomes all interested persons, spanning the spectrum of students across the globe, professors and members of the legal fraternity to the Summit. The wide-ranging lectures, panel discussions, and workshops will undoubtedly prove to be an enriching experience.

Call for Papers for International Law Journal

All members of the legal fraternity, practitioners, professors and students are invited to present original academic papers for the International Law Journal, Vol. II, 2022.

Theme

Submissions are invited on any topic of contemporary relevance in the area of International Law. Submissions may be in the form of following categories:

Submission Categories

• Articles: Papers that comprehensively analyze a theme and engage with all the existing literature in it. An article should be in between 6000 and 10000 words exclusive of footnotes.
• Essays: Papers that concisely analyze specific contemporary issues in the field of international law. It should be between 4000 and 6000 words exclusive of footnotes.
• Case Notes and/or Legislative Commentaries: Notes and commentaries must discuss or critique a recent judgement, landmark case or any recent legislation or bill before Parliament or State legislature. It should be between 1500 and 3000 words exclusive of footnotes.

Submission Guidelines

• Abstract Word Limit: 200 words
• Co-authorship: Allowed upto 2 authors
• Method of citation: The ILJ follows ‘Harvard Bluebook 20th Edition’ style of referencing.
  • The body of the manuscript should be in Times New Roman size 12 with 1.5 line spacing and justified Alignment.
  • The footnotes should be in Times New Roman size 10 with single line spacing

Eligibility

Original submissions are invited from undergraduate and post graduate students, industry practitioners, academicians and research scholars.

How to Submit?

Submissions: In electronic form to ilj.spilmumbai@gmail.com

Subject heading: ‘ILJ Vol. 2 Submission: ‘

All manuscripts must be accompanied by a covering letter with the name(s) of the author(s), institution/affiliation, the title of the manuscript and relevant contact information.

Submission Deadline

The last date for submission for ‘Volume 2 of the SPIL International Law Journal’ is: February 28, 2022.

Submissions sent after the deadline will not be considered.

About the Judgment Deliberation Competition (JDC)

The JDC essentially expects participants to arrive at a judgment, after analysis of facts and arguments presented from both sides. The competition has been inspired by the procedures of various judicial bodies and tribunals that span the spectrum of international law.

Bringing a fresh approach to problem analysis and judgment making, it requires participants to arrive at a judgment that is infallible in law, rational in thought, and innovative in its essence.

Eligibility

Students of any university on a full-time or part-time basis in either a 3-year LLB or a 5-year integrated BA/BBA/BSC/BCOM/BLS LLB courses at the time of the competition are eligible to participate in the Competition.

Team Composition and Selection

A Team shall be composed of two (2) members: Judge and Judicial Clerk.

These roles are interchangeable only upon the commencement of a new round.

Please note that the students can register individually for the competition, they do not need to
register through their college.

Awards for JDC 2022

• Best Team: INR 40,000/- and a Chance at an Internship Opportunity at R.K. Dewan & Co.
• Runners Up: INR 30,000/-
• Best Written Judgment: INR 15,000/-
• Best Speaker: 10,000/-

Awards

• Best Team: INR 40,000/-
• Runners Up: INR 30,000/-
• Best Written Judgment: INR 15,000/-
• Best Speaker: 10,000/-

Registration Procedure

Registering Names of Team Members: Each team must fill the Registration Form (Click here for the registration form) by February 27, 2022.

Team members’ names must be clearly typed in the form, giving special attention to the spelling of each Team member’s name. Participation Certificates will be awarded to Teams with names spelt in the manner thus provided.

Fee Payment

The registration fee per team for Judgment Deliberation Competition 2022 for all the invited National Universities/Colleges is INR 1000 and Overseas Universities/Colleges is US$ 25.

The same shall be submitted through the required payment method which will be provided through mail once the registration is confirmed by the organising committee.

Deadline for the payment of Registration fee: All payments must be made within 48 hours of Confirmation of Registration by the committee.

Note: No refund shall be made on cancellation of registration.

Important Dates

• Dates of the Competition: March 25-27, 2022
• Last date for registration for the Judgment Deliberation Competition: February 27, 2022
• Last date for sending clarification requests: March 4, 2022
• Last date for sending the written submissions: March 18, 2022

How to Register for ILS 2022?

Write to us at : spilmumbai@gmail.com

Website: www.spilmumbai.org

Telephone Numbers:

• Shaili Dhulia: (+91) 77159 25232
• Shivani Khot: (+91) 98333 58157

Contact details

Students for the Promotion of International Law, Mumbai,

Government Law College,
‘A’ Road, Churchgate,
Mumbai – 400020.
Maharashtra, India.
(+91) 96197 10858

Mail to: spilmumbai@gmail.com

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ABSTRACT

Interpretation of Article 21 has been given the widest amplitude post the judgment of Maneka Gandhi and since then it has included rights such as the right to food, the right to shelter, and a host of other rights.

INTRODUCTION

Article 21 is one of the most vital and indispensable fundamental rights that is enshrined in part III of the Indian constitution. It guarantees the right to life and personal liberty to each and every individual irrespective of his citizenship and states that no individual would be deprived of the above-mentioned rights except according to the procedure established by law.

The interpretation of article 21 was initially given a very restrictive and narrow meaning soon after the commencement of our constitution. It was after the landmark judgment of Maneka Gandhi v UOI¹ that the scope of article 21 was drastically widened. Prior to Maneka Gandhi’s judgment, Article 21 guaranteed the right to life and personal liberty only against arbitrary and unreasonable executive actions and not from legislative actions. The arbitrary and unfair state actions that interfered with the life and personal liberty of the individuals could be protected and upheld if it was validated by the law. However, after the judgment of the Maneka Gandhi case, it was held that Article 21 protects an individual’s fundamental right of life and personal liberty from the arbitrary, unjust and unreasonable actions of both the executive and the legislature. To deprive a person of his rights under Article 21, there has to be a valid law and the procedure prescribed by the law has to be just, fair and reasonable.

RESTRICTIVE INTERPRETATION OF ARTICLE 21

1. A K Gopalan v. UOI ²
   The petitioner contended that Article 21 must be read together with the rights encompassed in Article 19 (1) and 19 (5) as Article 19 dealt with substantive laws and Article 21 dealt with procedural laws. Moreover, the phrase “procedure established by law” meant the due process of law and included the principles of Natural Justice. The court, rejecting the above contentions gave a narrow and restrictive interpretation of Article 21 and held that Article 21 protected an individual only from those arrests and detentions that are made without the due authority of law or in other words Article 21 protected the physical liberty of a person and did not include any other rights. Moreover, the state-made laws did not include within its sweep the principles of natural justice.
2. Kharak Singh v. State of UP ³
   The court, in this case, held the domiciliary visits by the UP police that led to surveillance of the petitioner as illegal because the police action was not validated by any law and it led to an invasion of personal liberty as the term personal liberty was not only limited to prison confinement but also other forms of restrictive bodily restraint.
3. Govind v. State of M.P ⁴
   The court in this case upheld the whimsical and unreasonable domiciliary visits by the MP police which was violative of the fundamental right of life and personal liberty under Article 21 as the same was validated by Section 46 of the Police Act. Since the regulations had the force of law and were duly prescribed by the law, hence they were deemed as valid.

LIBERAL INTERPRETATION

Maneka Gandhi v. Union of India ⁵
This landmark case examined the amplitude of the phrase “personal liberty” used in Article 21. The passport of the petitioner in the given case was impounded by the government under the Passport Act 1967 in the interest of the general public. The majority judge bench, in this case, construed the term ‘personal liberty in the widest possible manner and thereby, exercising the rules of natural justice held the act of impounding of the passport as illegal. The court overruled AK Goplan and held that Article 21 was inclusive of Articles 19 and 14. The court held that in order to deprive an individual of his personal liberty, there must be valid law, prescribing a procedure and the procedure so prescribed should be fair, just, and reasonable.

The judgment of Maneka Gandhi paved way for the liberal interpretation of Article 21, thereby leading to the inclusion of a host of rights as fundamental to life and personal liberty under Article 21. These included the right to livelihood, right to clean air, right to privacy, right to gender expression, right to food, right to shelter, right to health, right to education, right to sleep, right to die, and a bunch of other derived rights.

RIGHT TO FOOD AND SHELTER

Food is one of the most crucial compelling necessities of human life after air and water. All the activities of mankind are directed towards satiation of this very need. It provides the much-needed nutrition to the human body which is vital for survival, growth, and bodily development. It is needless to further underscore its importance further given its prima facie absolute importance for the continuation of life on earth. Juxtaposed to this very importance of food for survival, there exist several lakh people in self-sufficient and food secure countries like India who die every day out of hunger and starvation. The vicious circle of the twin evils of poverty and unemployment often leads to hunger, prolonged malnutrition, and distress. Even if the direct cause of many such deaths may not appear to be from starvation prima facie, the somber reality remains unchanged that lack of food and avenues of employment often leads to prolonged periods of malnutrition, making them more vulnerable to diseases and distress, thereby, ultimately resulting in their deaths. On one hand, where the poor dies of hunger, it is even more appalling to note that the granaries of the FCI abound in food grains and often rot over there. Policy changes for appropriate nutrition requirements and distribution of food grains free of cost to the needy and destitute have to be executed with due diligence in order to correct this perpetuating wrong and ensure justice.

There is an imperative need for a paradigm shift from viewing the policy changes inequitable food distribution as acts of benevolence to that of it as the right of citizens. Various judicial pronouncements have been rendered in order to correct this perspective and ensure equity. Given the centerpiece importance of the right to food, the right to shelter also forms one of the very vital subsidiary human rights. A permanent roof on the head has traditionally been a sign of social security. It provides the much-needed material support and security for the realization of our avenues. It is an important indicator and buttress for the necessary progress and growth of the human being. The right to shelter, thus, forms an intrinsic part and parcel of the right to live with dignity.

The right to food and shelter, thus, form an indispensable and rudimentary need of human life. They are the bare necessities of life that go into everyday survival and ensure a dignified life. Given the expanding scope of Article 21, which has been given the widest possible interpretation through the various bold judicial enactments and decisions in recent times, Article 21 has included within its sweep an array of rights that have been deemed fundamental for a reasonable survival and realization of the worth of human lives.

The fundamental right under Article 21 that guarantees the right to life includes the right to live with human dignity with such basic amenities of life such as food, clothing, shelter, education, livelihood, medical care, decent environment, etc. that provide a reasonable standard of living, thereby providing scope for the development of human resources as a whole. Besides Article 21, Constitution, through the instrumentality of DPSP under Article 39 A and 47 mentioned in part IV of the constitution have also cast a positive obligation on the state to take affirmative steps, so as to meet the ends of equity and justice. Article 39A requires the State to direct its policies so as to secure all its citizen’s adequate means of employment and Article 47 directs the state to raise the level of nutrition and standard of living of its citizens by providing them avenues of shelter, clothing, education, health, and other amenities for integrated development.

The right to food and shelter can thus be enforced under article 32 of the constitution. The Supreme Court, through its various pronouncements, has rightly held these rights as fundamental to survival and has thereby kept it under the ambit of Article 21 of the Indian constitution.

1. Chameli Singh v. State of UP ⁶
   The SC held the right to shelter as a fundamental right under Art. 21 of the constitution. The court held that in given civilized societies, human living did not imply a mere animal existence, but included all those facilities that go into making the human life worthful and dignified. The right to live implied the basic human rights of food, shelter, water, medical care, education, clean environment, sanitation, and other amenities. The right to shelter not only includes the mere facility of a roof over one’s head but includes the right to have all those necessary infrastructures that enable one to live off a meaningful life and develop as a human being.
2. Francis Coralie v. union Territory of Delhi ⁷
   The Supreme Court in this case interpreted the Right to Life enshrined under Article 21 and held that the right to life included more than mere animal existence and physical survival. The right to ‘life’ was not confined to those physical faculties or limbs through which we interact with the outside world but includes the right to live with human dignity which includes all those necessities that go into survival such as food, clothing, shelter, and facilities for education and expression.
3. PUCL v. Union of India ⁸
   In this case, the Supreme Court held the right to food as a fundamental right of the people under Article 21 that guarantees the right to life. Court held that State ought to provide food grains free of cost from the surplus reserve lying with the States to the starving people such as destitute children /men/ women, aged, infirm, disabled who were unable to purchase food grains. They have the right to get fed under Article 21.
4. P.G. Gupta v. Slate of Gujarat and Ors ⁹
   The court held that the basic needs of man in any civilized society traditionally include the trinity of food, clothing, and shelter. The Right to life under Article 21 includes within its sweep right to food, right to reasonable accommodation, and right to a decent environment.
5. Kapila Hingorani vs State Of Bihar ¹⁰
   The court held that the employees of the public sector undertaking have a fundamental right under article 21 to get the salaries paid by the government as the denial of the same may lead to hunger which is a gross violation of human rights. The State cannot claim lack of resource and abdicate from its duty to pay its employees as the same would amount to a denial of basic and indispensable fundamental rights under Article 21.

Conclusion

Article 21 rightly seeks to serve the interests of all individuals irrespective of their by validating their right to life and personal liberty. By including the sets of rights that are crucial and imperative for the survival of human beings with dignity and that form an indispensable part of the basic human rights, it serves the purpose of equity, justice, fairness, and principles of natural justice.

Citations

1. AIR 1978 SC 597
2. AIR 1950 SC 27
3. AIR 1963 SC 1295
4. AIR 1975 SC 1378
5. AIR 1978 SC 597
6. (1996) 2 SCC 549
7. AIR 1981 SC 746
8. 2000 (5) SCALE 30
9. [1995] Supp. 2 SCC 182
10. 2003 Supp(1) SCR 175

Written by Riya Ganguly student at Bharati Vidyapeeth New Law College, Pune.

About the Organisation

Ajay Govindraj is an Advocate practising on the civil side of the law in the High Court of Karnataka and the District Courts for the past 24 years. Practising mainly in all nature of civil suits with expertise in partition and property disputes, contracts, matrimonial cases, labour and service, arbitration, writ proceedings, pro bono and trust matters. 

Nature of Job

The ideal candidate will ensure the smooth running of the office and effective case management by providing legal services under my supervision. This individual will communicate frequently with the clients in order to serve them adequately. Additionally, this candidate will conduct necessary case research to aid the legal proceedings. 

Responsibilities

• Provide administrative support to lawyer
• Handle communication with clients
• Locate and develop case relevant information

Eligibility

• Advocates having 3-5 years of experience in litigation
• Bachelor’s degree in Law
• Familiarity with law, legal procedures, and protocols

Number of Employees Required

One (1)

Location

101, Ramanashree Chambers, Lady Curzon Road, Bangalore – 560001

Salary

Commensurate with the best in the Industry

Procedure to apply

Interested candidates can forward their resume and apply to ajaygovindraj@gmail.com 

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About NITI Aayog

The NITI Aayog is a public policy think tank of the Government of India, established with the aim to achieve sustainable development goals with cooperative federalism by fostering the involvement of State Governments of India in the economic policy-making process using a bottom-up approach.

About the opportunity

NITI Aayog, Government of India had initiated an Internship Scheme in 2015. Based on the experience in the past years a review was made. Now in supersession of all the previous guidelines in this regard, The NITI Aayog announces the revised Internship Scheme. This Scheme seeks to engage students pursuing Under Graduate/Graduate/Post Graduate Degrees or are Research Scholars enrolled in recognized University/Institution within India or abroad, as “Interns”. These “Interns” shall be given exposure to various Verticals/Divisions/Units within NITI Aayog and would be expected to supplement the process of analysis within NITI Aayog through empirical collection and collation of in-house and other information. For the “Interns” the exposure to the functioning of the Indian Government may be an add-on in furthering their future interests.

For more details, visit- http://niti.gov.in/internship

Eligibility

Bonafide students of any recognized University/ Institution within India or abroad, fulfilling the following conditions are eligible to apply for the internship:

• UG students, having completed/appeared in the term-end exams of second year/4th semester of the bachelor degree course and secured not less than 85% or equivalent marks in 12th class.
• Graduate students having completed/ appeared in the term-end exams of first-year/2nd semester of their post-graduate program or persuing research/Ph.D. and secured not less than 70% or equivalent marks in Graduation.
• The students who have appeared in the final exam or just completed Graduation/PG and waiting for admission for higher studies may also be considered for internship provided that they have secured 70% or more cumulative marks in all the years/semesters of their graduation/ post-graduation till the date of application.
• The period between the month of declaration of result of the final exam and the desired month of the internship should not exceed six months e.g. if the result is declared in the month of June then he/she can apply for the internship beginning til1 the month of December.

Link to apply

https://crbs.nitiaayog.nic.in/nitiintern/InternshipEntry/PCInternshipEntry.aspx

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About JGLS

In 2009, JGU began its first academic session with the establishment of India’s first global law school.

Jindal Global Law School (JGLS) is recognised by the University Grants Commission (UGC) and is also a member of the Association of Indian Universities (AIU).

About the Moot

The 5^th Edition of the Annual Jindal Moot Court Competition is being organized as a fully online event to be held between 11th to 13th March 2022. This edition of the Moot Competition is being hosted and organized by the Moot Court Society, Jindal Global Law School, Sonipat, in Association with the Jindal Initiative for research in IP and Competition Law (JIRICO). After successfully hosting four editions of this moot, this year’s edition focuses on the issues with Competition Law.

The Moot shall be judged by renowned legal professionals involved in the practice of Intellectual Property and Competition law from across the country. This will certainly be an excellent opportunity for the mooters to benefit from the guidance and expertise of such professionals.

Please find attached the Moot Proposition, Moot Competition Rules, and the final schedule of the event.

However, kindly note that only one team may register per Institution, comprising of 2 Oralists and 1 Researcher. All teams registering must provide authorization on their Institution Letterhead, signed by the Dean/ Registrar/Faculty-In-charge of Mooting. There is no registration fee involved.

For further information, please refer to the rules and the exact schedule attached.

Eligibility and Team Composition

Eligibility

• The Competition is open to students enrolled full time in any University/college/department, pursuing an undergraduate or graduate degree in Law (i.e., B.A. LLB, B.B.A. LLB, B.Com.. LLB, B.Tech. LLB, B.Sc. LLB, 3 Year LLB and their equivalent degrees) at the time that the Competition takes place, which is recognized by the Bar Council of India.
• Students enrolled for Post-graduate, Doctoral, Diploma, Research, and equivalent degrees are not eligible to participate.
• These requirements do not apply to coaches or advisors to the teams.

Team Composition

• An institution shall under no circumstance be permitted to register more than one (1) team and all members of a team shall be enrolled in the same institution.
• Teams shall comprise of 3 members only, comprising of two oralists and one researcher per team.
• Subject to the rules related to Team Coaches or Advisors and Observers, no other individual may assist the team with researching,writing, editing, citations, constructing its arguments or in any other manner. Failure to observe this rule may result in disqualification.

Registration

• Participation in the moot is upon invitation only. Upon receiving such invitation, the representatives of the institution will have to submit details for registration as per the guidelines prescribed by the OC.
• The representatives of the Registering Institution will have to submit details for registration as per the guidelines prescribed by the OC, which will be shared via mail.
• The OC reserves the right to refuse the registration of any team, with adequate notice.
• At the time of registration, teams shall select an official point of contact from the participating team who will be responsible for all official correspondence between the team and the OC.
• Changes to the registered information will not normally be permitted. Exceptional circumstances may be brought to the attention of the OC, who may permit modifications on a discretionary basis. The decision of the OC shall be final in this regard.
• After registration, participating teams will be provided with a Team Code, which will serve as their unique identifier for submitting Memorials and at the Oral Rounds. Teams shall strictly only use their Team Code and shall not disclose the names of their Universities or names of individual team members on their memorials, or in the presence of judges, during the course of the Competition.

Failure to abide by these rules may invite penalties, as determined by the OC on a case-by-case basis.

Important Links

• Moot proposition
• Rules and regulations
• Timeline

Important Dates

• Release of Rulebook and Timeline: 27th January 2022
• Release of Registration Form: 27th January 2022
• Release of Moot Proposition and call for clarifications: 27th January 2022
• Last date for requesting clarifications: 7th February 2022
• Release of clarification answers: 10th February 2022
• Last date for submission of Memorials: 1st March 2022
• Oral Rounds (Virtual): 11-13th March 2022

Contact details

Mail at: jindalmoot@jgu.edu.in

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About IFIM

Institute of Finance and International Management (IFIM) was established in 1995 by the Dalal Street Investment Journal Group and promoted by the Centre for Developmental Education (CDE).

About the Moot Court Competition

The NMCC 2022 is the first ever attempt made by the Moot Court Committee of the IFIM Law
School to provide its young and dynamic law students a visibility for themselves as well as for
the law school and to carve a niche in the realm of business and commercial laws. The theme of the competition is Cryptocurrency and Smart Contract

IFIM Law School, Bengaluru, through the proposition of its National Moot Court Competition, has attempted to spread awareness and knowledge about cryptocurrencies; especially at this time when there is a big question mark hanging over the regulation of cryptocurrencies.

With the highest number of cryptocurrency users in the world, India has also been focusing on the same and has been actively thinking about ways to answer the question of effective regulation of cryptocurrencies by starting with proposing a bill regarding the same.

The moot proposition has been made in the thought of bringing the most basic to the more complex issues when dealing with smart contracts and the blockchain system. One of the major contentions of the problem relates to the validity of the contract mentioned in the problem, due to its existence in the form of a smart contract, its admissibility in the court of law as a piece of valid evidence and the validity of cryptocurrencies as a lawful consideration.

The other contentions of the problem relate to jurisdiction, drafting of adhesion contracts, unfair trade practices, interpretation of clauses by smart contract mechanism, and the liability to pay damages.

Eligibility

The competition is open only for bona-fide students of recognized Institutions/Universities/Organizations who are currently pursuing their bachelor’s degree in Law i.e. 3-Year LL.B. or 5- Year LL.B. Integrated Program.

Each team shall consist of a minimum of 2 and maximum of 3 members. This number cannot be modified under any circumstances. There shall be 2 speakers and 1 researcher designated in a team of 3 while in case of a team of 2, both members of the team shall be considered to be speakers.

Teams shall identify their speakers and researcher during registration. No extra member or observer shall be allowed. Each team will be provided a team code and each participant will be provided with an individual code which will be communicated to them in due time via email.

Location

Electronic City, Phase-1, Bangalore, Karnataka. Pin- 560100. EVENT SHALL BE OFFLINE ONLY.

Registration  Procedure

Firstly, teams must confirm their participation by sending a scanned copy of the ‘Registration Form’ (Annexure 1) filled and duly signed by the Head of Participating Institution to nmcc@ifim.edu.in with subject line “Registration for IFIM NMCC 2022” latest by 11:59 pm (23:59 Hours) on 05th February 2022.

Forms received after the deadline shall not be considered for registration.

Link for registration form: https://www.ifimlawcollege.com/national-moot-court-competition/downloads/NMCC-2022-Registration-Form.pdf

In case of any changes in the team composition, in terms of the members, the same must be officially conveyed to the Organizers at the time of the formal registration.

Lastly, Formal Registration of the Participating Team(s) shall take place on 25th February 2022, 11:00 AM onwards at IFIM Law School, Opposite Infosys Campus Gate # 8 P & 9P, KIADB Industrial Area, Electronic City, I Phase, Bangalore -560 100

Fee Details

The teams are required to send a registration fee of Rs. 6000 (Rupees Six Thousand only) latest by 11:59 PM (23:59 Hours) on 12th February 2022. The registration fee should be deposited via bank transfer to the following account:

• A/c Holder Name: Centre for Developmental Education
• Bank Name: Axis Bank Ltd
• Branch: Queen’s Road Branch
• Account Number: 915030028994297
• IFSC Code: UTIB0001541
• Account Type: Current

The Participating Team shall be required to share a screenshot of the registration fee transaction details along with the Registration Fee form and Travel Plan (Annexure 1) to nmcc@ifim.edu.in by 5 PM on 14th February 2022.The Participating Team shall be required to submit the hardcopy of the Registration Form
during the Formal Registration on 25th February 2022.

Note: Registration fee once paid is non-refundable.

Prizes

The winning team will be awarded Winner’s Plaque, Certificates, and a Cash Prize of Rs. 70,000/- (Rupees Seventy Thousand only) and the Runners-up will be awarded a Runner’s up to Plaque and a Cash Prize of Rs. 35,000/- (Rupees Thirty-Five Thousand only).

Best Speaker Male and Female, Best Memorial, and Best Researcher shall be awarded certificates and a Cash Prize of Rs. 15,000/- (Rupees Fifteen Thousand only).

Important Dates

• Release of Moot Proposition and registration opening: 17/12/2021
• Last date of seeking Clarifications: 01/02/2022
• Registration Deadline: 05/02/2022
• Registration Fee Deadline: 12/02/2022
• Soft copy Memorial Submission: 17/02/2022
• Hard copy Memorial Submission: 25/02/2022
• Researchers Test: 26/02/2022
• Preliminary & Quarter-Final Rounds: 26/02/2022
• Semi- Final & Final Rounds: 27/02/2022
• Valedictory Ceremony: 27/02/2022

Contact details

• Mail at: nmcc@ifim.edu.in
• Ms. Saraswathy Vaidyanathan, Faculty Coordinator – saraswathy.vaidyanathan@ifim.edu.in
• Mr. Saumyadeep Basu, Convenor, IFIM Moot Court Committee [P: + 91 9674998122]
• Mr. Hiten Ajay Wasan, Co-Convenor, IFIM Moot Court Committee [P: +91 93236 92939]

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About PGCL

Pravin Gandhi College of Law (PGCL) is a premier law institution under the aegis of Shri Vile Parle Kelavani Mandal (SVKM). It is affiliated with the University of Mumbai and offers a five-year integrated law program – B.L.S., L.L.B. 

In its endeavour of commitment to excellence, it seeks to provide an environment for interdisciplinary exchanges and adopts blended learning models that effectively combine the theoretical and the practical aspects of the law.

About CLPRS 

The Constitution of India is the fountainhead from where all others laws derive their very existence. As such, a sound theoretical & practical understanding of the laws of the land would be incomplete without a comprehensive understanding of the working of the Constitution of India.

The Constitutional Law & Policy Reform Society (CLPRS) is PGCL’s student-led organisation which provides a platform for all individuals to develop, foster and disseminate interest in Constitutional Studies. The Society strives towards coming up with innovative policies and law reform recommendations rooted in Constitutional principles.

About the Essay Competition 

Keeping in mind its aim to foster further Constitutional studies, CLPRS is conducting a National Essay Competition on Constitution Law. Participating authors are required to adhere to the below mentioned topics and submission guidelines.

Topics 

Authors may select any ONE of the following topics for their essay:

• Criminalisation of Marital Rape – Women’s  Rights and Bodily Autonomy
• Evolution of the Nature of State Surveillance during the COVID-19 Pandemic – Analysing the Changing Definitions of Privacy
• Laws governing Digital Assets – A Comparative Study
• Ambedkar’s Three Warnings on Democracy

Eligibility 

All students pursuing under-graduate (three/five year) or post-graduate law degrees from any law school/university/college recognized by the Bar Council of India are eligible to participate in the Essay Competition.

Submission Guidelines 

Authors are required to strictly follow the following submission guidelines:

• The essay submitted should be of at least 1200 words, but not more than 2000 words.
• Essay submissions are to be made on: pgcl.clprs@gmail.com.  
• Subject line of the e-mail submission to be in the following format: “CLPRS Essay Competition 2022 Submission – ‘Name of the Essay’ – ‘Full Author Name’”.
• Submission e-mail is required to have attached the essay in the following formats: (1) Word Document and (2) PDF.
• Only one submission per author or a team of co-authors is permissible. In case of more than one submission, only the one received first would be considered for review.

General Instructions 

• Co-authorship of a maximum of TWO authors is permitted.
• The essay must be the original and bonafide work of the participating author. 
• Authors are required to follow the following formatting guidelines:
  1. Name of the submission file is to be in the following format: “’Title of the Essay’ – ‘Author(s) Name(s)’”;
  2. Font Type: Times New Roman;
  3. Headings, Sub Headings: Font Size 14, Bold, Underlined;
  4. Content: Font Size 12, Normal;
  5. Alignment: Justified;
  6. Line spacing: 1.5;
  7. Margins: Normal;
  8. Style of citation: Endnotes; Indian Law Institute (ILI);
  9. Endnotes: Font Size 10; Line Spacing 1.

Registration Procedure

Authors are required to register themselves using the google form link- https://docs.google.com/forms/d/e/1FAIpQLSdoXdgp3zNfy9rr_3sF4V-4S4NyqaSZEkVXhpe5mmIWdClu8g/viewform

Submission Deadline and Review

• Last date for registration: February 14, 2022, by 11:59 PM
• Last date for essay submission: March 7, 2022 by 11:59 PM
• Declaration of results: March 14, 2022

Results and Awards

The best essays on each topic will be published on CLPRS’s blog and concerned social media platforms. The winners shall be contacted on the day of result declaration i.e. March 14, 2022. 

Brochure

Contact details

Mail at: pgcl.clprs@gmail.com or call

• Veera Gandhi +91 75064 09878,
• Deepanjali Mishra +91 96533 44599

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About the Organisers

NLSIU: NLSIU was the first National Law University established in India in 1986. The premier law school
was set up with a mission to pioneer legal education reforms, and to anchor the transformation of
the Indian legal system through research and policy interventions. The National Law School of India
University completed 32 years in 2020.

CIRIL: The Council for International Relations and International Law (CIRIL) is a student-run committee
at the National Law School of India University, Bangalore, India’s premier legal institution. They work
to promote scholarship and interest in the fields of international law, international relations, and
foreign policy.

Topic and Webinar Speakers

Topic: Developing Countries in the WTO’s Free Market Trade Regime

Speaker: Prof. James J. Nedumpara

Professor and Head at the Centre for Trade and Investment Law (CTIL) at the Indian Institute of Foreign Trade, New Delhi and a Professor at Jindal Global Law School

Topic: Implications for India Post Cairn & Vodafone Arbitration Cases

Speaker: Prof. Govindraj G. Hegde

Associate Professor of Law and Chair of Ministry of Commerce Chair on International Trade Laws at NLSIU, Bangalore

Themes

• International trade law and environmental regulation
  Eg.: Carbon credit and impact on international trade; fisheries subsidies.
• Health impacts of free trade
  Eg.:Medical products and TRIPS; Vaccine equality.
• International trade law, development and inequality
  Eg.:International trade law, development and inequality
• Future of multilateralism in trade: recent concerns (WTO and regional trade agreements)
  Eg.: Implications of the Trade Facilitation Agreement for developing countries; analysing the impacts of regional trade agreements on free trade (RCEP, CPTPP etc.); Appellate Body crisis and Walker principles; US-China Trade wars.

Submission Guidelines

• Register and make payment for the competition using the form- click here to register
• Once you are allotted a code after registration through mail, you can fill this form to submit the essay at any stage before the submission deadline. It should be in MS Word format (.doc) or (.docx) with the name of the file as the allotted code. No biographical information or references, including the name(s) of the author(s), affiliation(s) and acknowledgements should be included in the text of the essay document.
• The word limit is 3000-4000 words, excluding footnotes. No substantive footnoting is permitted.
• An abstract of not more than 200 words shall be provided.
• Co – authorship is not permitted.
• The body of the paper shall be as follows:
  • Font: Times New Roman,
  • Font Size: 12,
  • Line Spacing: 1.5. 
• Citations
  • Font: Times New Roman,
  • Font Size: 10, and
  • Line Spacing: 1
• Headings should be in bold and center-aligned.
• Footnotes must conform to the OSCOLA (4th edition). Endnotes are not permitted.
• The essay should not be submitted for any other competition and/or for any other purposes.
• The essay must be the original and bonafide work of the participant. 

Who can Participate?

All students pursuing under-graduate (three/five year) or post-graduate law degrees from any law school/university/college recognized by the Bar Council of India are eligible to participate in the Competition.

For any clarifications, please write to ciril@nls.ac.in

Registration Details

• Participants will be charged a registration fee of Rs. 100.
• All registered participants will have the opportunity to attend 2 webinars by experts in the field of international trade law.
• All registered participants who submit essays for the competition will be awarded E-Certificates.

Important Dates

• Registration opens: February 1, 2022
• Registration closes: February 25, 2022
• Submission deadline: April 1, 2022

Awards

1st Prize:

• Cash Prize of Rs. 15,000
• SCC Online Platinum Plus (Academic, Worth Rs. 36,000)
• 1-year complimentary subscription to EBC Learning (worth Rs. 14,500)
• Internship at Centre for Trade and Investment Law (CTIL)
• Opportunity to be published in the Indian Journal of International Economic Law (IJIEL) Journal/Blog

2nd Prize:

• Cash Prize of Rs. 7,000
• SCC Online Platinum Plus (Academic, Worth Rs. 36,000)
• 1-year complimentary subscription to EBC Learning (worth Rs. 14,500)
• Internship at Centre for Trade and Investment Law (CTIL)
• Opportunity to be published in the Indian Journal of International Economic Law (IJIEL) Journal/Blog

3rd Prize:

• Cash Prize of Rs. 5,000
• 1-year complimentary subscription to EBC Learning (worth Rs. 14,500)
• Internship at Centre for Trade and Investment Law (CTIL)
• Opportunity to be published in the Indian Journal of International Economic Law (IJIEL) Journal/Blog

Brochure

Contact details

Mail at: ciril@nls.ac.in or call

• Siddhant Choudhury, Convenor, CIRIL (+918828907703)
• Shweta Prasad Shah, Joint Convenor, CIRIL (+919561180685)

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Human rights abuses are a primary cause of refugee departure and a major impediment to their safe and voluntary return home. As a result, protecting human rights in countries of origin is crucial for both preventing and resolving refugee issues and it must also be respected in order to safeguard refugees in asylum-seeking nations.

Some people argue that the international law of human rights is little more than a collection of idealistic ambitions defining an ideal society that bears no resemblance to reality. Those who work with refugees may be especially prone to this viewpoint.

States are responsible for safeguarding their people’s rights, and a refugee is someone who has fled his or her home country and is unable or unwilling to return due to a substantial threat to his or her life or freedom. When governments are unable or unwilling to do so, individuals may be compelled to flee their nation in search of safety abroad. If this happens, another country will have to step in to protect the refugees’ basic rights and this whole process is termed International protection.¹

The 1951 Refugee Convention and its 1967 protocol provide the backbone of the international protection system, which is supplemented by regional treaties and declarations that also cover refugee rights. International refugee law, on the other hand, does not work in a void. It is best understood in the context of international human rights law, which dates back to the Universal Declaration of Human Rights in 1948, as well as international humanitarian law (the law of war).²

The work of the UN High Commissioner for Refugees (UNCHR) is based on this larger international legal framework. After WWII, the United Nations General Assembly established UNHCR to assure worldwide refugee protection and to cooperate with nations to develop long-term solutions to refugee issues.

True, even the most fundamental human rights are constantly infringed, and international attempts to enforce respect for human rights are frequently ineffective. The right not to be subjected to refoulement, which is enshrined in Article 33 of the 1951 Convention, is the most fundamental right for refugees. However, the 1951 Convention is not the sole international convention that protects people from being deported. Other rights guaranteed under refugee legislation, such as non-discrimination, are also enshrined in international human rights treaties.

What role does UNCHR play?

UNHCR is working with nations to explain, clarify, and build on the existing corpus of international law established by the 1951 Refugee Convention. It has initiated a number of efforts in recent years aimed at bolstering the Convention as well as encouraging the search for durable and secure solutions for the world’s dislocated peoples.³

The most important global refugee conference in half a century, held in 2001, adopted a historic declaration confirming member governments’ adherence to the 1951 Refugee Convention. UNHCR developed the “Agenda for Protection” through a series of global consultations, which continues to serve as a guide for governments and humanitarian organizations in their efforts to increase global refugee protection.

Defend yourself against being compelled to return

Human rights breaches are a threat to refugees in their home countries. The work of the UNHCR to guarantee that they are not subjected to refoulement is a direct and effective method of ensuring that their basic human rights are protected. Refugees who were forcefully returned to their countries in the recent decade have been killed, tortured, unjustly incarcerated, or forced to live in terrible insecurity. Preventing refoulement is effective, and in some cases, the only, way to avoid additional human rights violations.

Refugee status determination

Those who escape their own nations in quest of safety abroad do so because their human rights are being violated at home. When a person is judged to have a “well-founded fear of persecution,” it means that one or more of his or her essential human rights are being violated. In most circumstances, determining that a group of persons fleeing violence or major public disorder are prima facie refugees’ entails admitting that they are victims of human rights or humanitarian law abuses.

Promoting long-lasting solutions

If the situation in the country of origin has fundamentally altered, supporting and monitoring the safety of refugees’ voluntary returns allows them to re-establish themselves in their own community and exercise their basic human rights. Furthermore, monitoring returnees’ safety is a way of ensuring that they do not face the same human rights violations that drove them to escape. In a small number of circumstances, aiding refugees to be integrated locally or relocated in another country is a way of ensuring that refugees who are unable to return to their home countries can find a new home where they can establish a legal status and exercise essential human rights.

Staff from UNHCR carry out actions like this on a daily basis in nations all over the world, making UNHCR is the biggest active UN human rights organization. Despite the fact that the 1951 Convention and/or the 1967 Protocol have been signed by over 125 countries, several countries currently host substantial numbers of refugees and have not ratified either treaty. It is difficult to establish a legal foundation for the protection of refugees in a nation that is not a signatory to the refugee law treaties. However, since they have achieved the status of customary international law, a few international human rights principles are generally applicable. The United Nations High Commissioner for Refugees and many academics believe that the norm of non-refoulement is a component of customary international law. Furthermore, several jurisdictions that are not signatories to refugee law treaties are signatories to human rights treaties with provisions that assist refugees.

References:

1. Guy S. Goodwin Gill, The International Law of Refugee Protection, The Oxford Handbook of Refugee and Forced Migration Studies,2014.
2. The study guide: The rights of refugees, University of Minnesota Human Rights Library,2003.
3. Human Rights and Refugee Protection, www.unchr.org 1995.

Written by Muskan Patidar student at Kirit P. Mehta School of law (NMIMS), Mumbai.

About the Ministry (MEA)

The Ministry of External Affairs of India, a.k.a the Foreign Ministry, is the government agency responsible for the conduct of foreign relations of India. The Ministry comes under the Government of India and is responsible for India’s representation in the United Nations.

About the Internship Opportunity

As part of the Azadi Ka Amrit Mahotsav celebrations to commemorate 75 years of independence, the Ministry of External Affairs is launching the first edition of the MEA Internships Programme.

The MEA Internship Policy 2022 aims to take foreign policy closer to the people; bring in more focus on MEA; provide more value to the interns; ensure better gender inclusivity and increase diversity in terms of qualifications, domicile and socio-economic status amongst the cohort of interns engaged by the Ministry.

Intake and Duration

• A total of 75 internships will be offered in the year 2022 in a single term of three months during April to June 2022.
• All selected interns will be required to join the Ministry on the same day in April 2022.
• Each intern will be engaged for a minimum period of month and a maximum period of 3 months.

Eligibility

• minimum educational qualification: Graduate degree from a recognized university at the time of applying
• Students who are presently in the final year of their graduation, where an internship is a mandatory part of their final year curriculum
• Age of the candidates should not exceed 25 years as on December 31 of the year of internship.

Obligations of the Intern

• The internship programme provides an introduction to the process of formulation of foreign policy and its implementation by the Government of India.
• Interns will be assigned specific topics of work by the concerned Head of Division (HOD) and may be required to conduct research, write reports, analyze evolving developments or carry out any other task entrusted to them by the HOD.
• At the end of the internship, each intern shall submit a detailed report on the work carried out and, if required, make a presentation on it.
• The outcome of study during the internship will remain as intellectual property of the Ministry of External Affairs and interns shall not use it without prior approval of the Ministry.
• The intern shall maintain full confidentiality of any information relating to the Ministry of External Affairs

Perks and Remuneration

• An honorarium of INR 10,000 per month will be paid to each intern to defray basic costs.
• Cost of one-time to and fro air travel subject to a ceiling of the prevailing economy class airfare between the State capital and Delhi, from the domicile State, or from the college/university of the selected candidates will be provided.
• The interns would be responsible for their board and lodging in Delhi during the period of their internship.

Selection Process

• The selection process will be fully online at www.internship.mea.gov.in with applications, scrutiny, selection, allocation of Division, notification,extension and certification to be managed on a dedicated internship portal of the Ministry. Each candidate needs to register on the internship portal and obtain access credentials to participate in the process.
• The selection process will consist of two stages viz. Preliminary Screening and Personal Interview.
• The process will follow a quota cum weightage’ system whereby applicants belonging to all 28 States and 8 Union Territories will be considered.
• There may be 2 interns from each of the 28 States; 2 interns from each of the 8 Union Territories and 3 more interns with maximum marks from TADP districts/underprivileged sections of the society.
• A minimum of 30% of the 75 internships may be filled by women candidates.
• Weightage will be based on academic performance assessed by percentage of marks obtained in +2 and graduation exams.
• Candidates should apply online only.
• State-wise merit lists will be prepared – separately for male and female candidates by elimination based on academic performance in +2 and graduation exams.
• Priority will be given to applicants from TADP districts during the Preliminary Screening stage and to applicants belonging to SC/ST/OBC/EWS categories in the Personal Interview stage.
• The total number of candidates called for interview will be three times the interns to be engaged in each term.
• Candidates selected in the merit lists will be called for personal interview to be conducted by videoconferencing. A maximum of 75 candidates will be selected from the interview process and offered internships. If any selected candidate opts out, the next candidate in the merit list from the individual state will be offered opportunity.
• During the course of the internship, the selected candidates would be introduced to various aspects of the functioning of the Ministry, its attached offices, the public interface of the Ministry and its role in helping the Indian citizens, as well. as a possible visit to one of the Missions abroad, subject to prevailing conditions.

Important Dates

• Call for applications for 2022-23 (Term I & Term II combined): February 1, 2022
• Deadline for receiving applications: February 15, 2022
• Announcement of shortlisted candidates and calls for interview: February 18, 2022
• Interviews (Over virtual mode): February 22-24, 2022
• Announcement of selected candidates and Allocation of Divisions: February 28, 2022
• Start of internships 2022-23 (Term I & Term II combined): April 1, 2021

Important links

Link for more details- https://internship.mea.gov.in/registration

Link to apply- https://internship.mea.gov.in/registration

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