Centre for Alternative Dispute Resolution, Alliance School of Law, Bengaluru is organizing an International Conference on “The Future of ADR: Prospects and Challenges” on November 12, 2022.

ABOUT

The aim of the Conference is to provide a platform for Students, Researchers, Academicians, Arbitrators, and every stakeholder to share their knowledge and ideas about the future of alternate dispute resolution in the Modern World, its prospects, and challenges. Because of its private nature, ADR affords parties the opportunity to exercise greater control over the way their dispute is resolved than would be the case in court litigation.

ELIGIBILITY

The Conference is open to academicians, students, researchers, practitioners, and anyone interested in the subject.

THEME

  • Future of Alternate Dispute Resolution: Challenges and Prospects
  • Role of courts in International Arbitration.
  • Selecting an Arbitral Seat: Key Consideration.
  • Jurisdiction-specific issues in Arbitration.
  • Evidence in International Arbitration Procedure.
  • India as an International Commercial Arbitration Hub: The Challenges.
  • Is Alternative Dispute Resolution a Privatized Justice?
  • Alternative Dispute Resolution and Criminal Justice System.
  • India’s instance on the International Centre for Settlement of Investment Dispute (ICSID) Convention in relation to Banking.
  • Need for Laws governing Mediation in India.

SUBMISSION GUIDELINES

  • Abstract: Not more than 300 words and a minimum of relevant 5 keywords.
  • Paper: Co-authorship is permitted to a maximum of one author. However, both authors need to register separately. In the case of co-authorship, at least one author must attend the Conference to present the paper. No Proxy presentations are allowed.
  • The paper should be in Doc./Docx. format
  • The paper must be in a single-column layout with margins justified on both sides
  • The subheading should be in font size 12, bold, and Times New Roman, left-aligned
  • The main text should be in font size 12, Normal, Times New Roman, 1.5 spacing, and justified
  • The length of a paper should not be less than 3500 words (excluding footnotes)
  • All references must be in the form of footnotes with font size 10, Times New Roman, 1.0 spacing and should be according to the Bluebook 20th Edition
  • The submissions should not have more than a 15% Similarity Index
  • All the submissions should be made via email to acadr[at]alliance.edu.in

REGISTRATION PROCESS

  • Register through Google Form
  • Submit Abstract
  • Preliminary Review
  • Abstract Acceptance/ Denial Communication
  • Payment of Conference Fees
  • Submission of Full Paper
  • Editorial Review
  • Full Paper Acceptance/ Denial Communication
  • Camera Ready Paper Submission

IMPORTANT DATES

  • Submission of abstract: August 30, 2022
  • Communication of Acceptance: September 05, 2022
  • Registration & Payment of Fee: September 07, 2022
  • Submission of Full paper: September 30, 2022
  • Conference Date: November 12, 2022

https://docs.google.com/forms/d/e/1FAIpQLSe_zIzDh2OmKz4MTHUB7wcXpNdubnSw1yWuOFBx0tZ3JXZlNw/viewform

Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

About the Organization

DSK Legal was founded in April 2001 with the goal of providing high-caliber legal services that meet worldwide standards throughout business-relevant service lines. The founding partners are highly regarded and have a great deal of experience in the fields of indirect tax, real estate, corporate and commercial work, and dispute resolution. Beginning with 7 attorneys in 2001, we have quickly expanded to include attorneys from a variety of backgrounds and skill sets, with offices in Mumbai, New Delhi, Bengaluru, Pune, and Hyderabad.

We work hard to maintain client relationships and have remained successful in retaining clients.We are aware of client expectations and responsive to their needs. We also give prompt, useful responses, “own” tasks to ensure a smooth and efficient completion, and work tirelessly to help clients accomplish their objectives.

About the Responsibilities  

Opportunity at the Hyderabad office of DSK Legal,Practice Area: Dispute Resolution, Position: Associate

Eligibility

  • 2+ years (PQE)

How to Apply?

Interested candidates may apply from here: – hr@dsklegal.com

Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

For regular updates, we can catchup at-

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

About the Organization

A small-scale intellectual property law business, Sagar Chandra & Associates, can handle problems both domestically and abroad. The Partners of the Firm, which was founded in 2009, have a combined experience in intellectual property rights of more than 15 years.

The Firm offers innovative, realistic, and commercially focused solutions for both contentious and non-contentious issues involving intellectual property. Trademarks, Copyrights, Patents, Designs, Geographical Indications, Domain Names, Trade Secrets, Unfair Competition, and Media and Entertainment Laws are among the firm’s practise areas that cover both contentious and non-contentious matters.

Sagar Chandra and Ishani Chandra, the two partners of Sagar Chandra & Associates, each have more than 15 years of experience working in the field of intellectual property.

About the Responsibilities  

Job Opening at Delhi’s Sagar Chandra & Associates, Intellectual property rights are a practise area. Patents Team is the department.

Location

B-18, Lower Ground Floor, Soami Nagar, New Delhi – 110017.

Eligibility

  • PQE: 0 – 1 year.
  • You can apply if you have a B.Sc. (Hons.) in Chemistry or Biotechnology, a B.Tech. in Chemical Engineering or Biotechnology, or an M.Sc. (Hons.) in Chemistry or Biotechnology.
  • The priority would go to those who also possess LLB(Hons.) in addition to the aforementioned qualification(s).
  • Candidates should have prior knowledge of intellectual property rights, including internships.

How to Apply?

Interested candidates may apply from here: –  

CV along with a cover letter to career@scalegal.in with the subject line ‘Job Application – Patents Team- Your name [PQE]’.

Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

For regular updates, we can catchup at-

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

About the Organization

We are a group of eight attorneys and paralegals who are dedicated to giving our clients workable legal solutions. Our staff members are recent graduates of reputable law programmes in India and overseas.
S.Bhambri & Associates (Avocates) are also featured litigation partners with the legal start-up MEDIATE GURU.

About the Responsibilities  

We will begin accepting applications for our online internship programme in September 2022.

Eligibility

  • law student enrolled in a three- or five-year integrated legal programme.
  • Must have a keen interest in legal procedures, etc.
  • First-year applicants are welcome.

Deadline for Applying

30th August 2022

How to Apply?

Interested candidates may apply from here: –  The month and the word “internship application” should be included in the subject line. Include a cover letter with your message. University or College ID. Academic resume at s.bhambri.internship@gmail.com

The applications of any candidates who do not adhere to the application conditions or who send their applications to an incorrect email address will be categorically rejected.

Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

For regular updates, we can catchup at-

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

-Report by Zainab Khan

A bench consisting of SC judges of Justice U.U.Lalit, Justice Ravindra Bhat, Justice Sudhanshu Dhulia hearing a civil appeal in the case of the University of Kerala and ors. Etc. Vs Merlin J.N and anr.etc.etc held that regulations passed by UGC’s have a retrospective effect on the appointment of university Lecturers, which gives them exemption from the compulsory qualification of NET.

FACT

Appellant had qualified M.Phil in the year 2000 and completed his Ph.D. in 2006. He was appointed as a lecturer of sociology at the University of Kerala on 4.08.2012. The university provides him exemption from compulsory NET qualification while selecting him. The respondent who was ranked 2 nd in the selection process in the same category, filed a writ petition before the Kerala High court alleging that the appellant’s appointment was not in accordance with UGC, REGULATION 2009.

The HC court ruled on 1.02.2017 that the appellant was not qualified to hold the post of Lecturer, the court relied on the judgments of Suseela Vs. University Grants Commission and Dr. D Radhakrishnan Pillai Vs. The Travancore Devaswom Board.

APPELLANT CONTENTION

The counsel for the appellant argues that his appointment was made as per the law, as university has adopted the UGC regulations, 2009 on 23.11.2013 which is after the appointment of the appellant. The counsel further argues that the resolution passed by UGC in its 471 meeting on 12.08.2010 that Ph.D regulation 2004 and UGC regulation
2009 were of prospective nature.Hence appellant’s appointment should be declared as valid.

RESPONDENT CONTENTION

Counsel for respondent argues that respondent is more capable than appellant as she had qualified for her NET exam in 1998 and done Ph.D. later and since then she is working in Kerala university as a teacher. The counsel further argues that the UGC resolution on 12.08.2010 is contrary to UGC regulation 2010 and the central Government also disagrees with this resolution.

Counsel argues that the appellant should not take benefit of ph.d regulation 2009 and UGC regulation 2016 , as these have prospective effect and he has completed his ph.d before both regulations.

Key highlights of UGC amendments –

  • UGC regulation 2000 states NET as an essential condition for appointment as a lecturer in any university. But it exempted candidates who acquired M.Phil or submitted a Ph.D. by 31.12.1993 from NET.
  • UGC regulation amendment 2002 gives exemption to candidates from NET who acquired their M.Phil by 31.03.1993 or submitted Ph.D. by 31.12.2002.
  • UGC regulation amendment 2009, it rules the minimum condition for appointment of the lecturer as NET but exempted those who acquired their Ph.D. in accordance with Ph.D. regulation 2009.
  • UGC regulation amendment 2016, provides candidates having a Ph.D. degree before 11.07.2009 also considered to be appointed as lecturers.

JUDGEMENT

The Hon’ble court has observed how UGC is protecting the candidate and learned teachers by giving them exemption from compulsory NET as much possible as it can.

The court ruled that UGC regulation 2016 is retrospective in nature. The court relied on the judgment of Rafiquennessa v. Lal Bahadur Chetri (dead) through his representative and ors.

The Hon’ble court quashed the earlier orders of the Kerala High court and upheld the appellant’s appointment as valid as per UGC regulation 2016.

-Report by Anjana C

It has been held by the Hon’ble Supreme Court of India in the case of Union of India & Anr. v. Subhash Chander Sehgal & Ors. the writ petition stands dismissed, and the current appeal will be pursued.

Facts of the Case: 

  • Unsatisfied with the decision of the Delhi High Court, the petitioner has appealed. 
  • The possession of the land was taken by the authority in 1987and was utilized as a park by the East Delhi Municipal Corporation. 

In the case of Pune Municipal Corporation and Sree Balaji Nagar Residential Association, the following was said that has been applied to this case: 

  • According to Section 24(1)(a), there is no lapse in proceedings if there is an award on the date of commencement of the 2013 Act. 
  • If the award has been made within 5 years (excluding the period of an interim order of the Court), the proceedings will be according to the 2013 Act under Section 24(1)(b) under the 1894 Act, regarding it as not repealed. 
  • If the possession of land has been taken over and compensation has not been paid, there is no lapse. 
  • If compensation is not paid and possession has not been taken, there is no lapse. 
  • If the compensation has not been deposited in court, all beneficiaries to the landholding will be entitled, as on the date of notification, to compensation under Section 4 of the 2013 Act.  
  • Non-deposit does not result in a lapse of land acquisition proceedings. 
  • If compensation has been tendered under Section 31(1) of the 1894 Act, he cannot state that the acquisition has lapsed under Section 24(2) as a result of non-payment or non-deposit of compensation in Court. 
  • The obligation to pay is complete when the amount due is tendered in accordance with Section 31(1). 
  • Landowners refusing to accept compensation/ who seek reference for a higher compensation are not in the position to claim lapse under Section 24(2) under the 2013 Act. 
  • The method of acquiring land under the 1894 Act under Section 24(2) is by making an inquest report/ memorandum. 
  • Section 24 applies to a proceeding pending on the date of enforcement of the 2013 Act. It does not reopen cases/ proceedings nor allow landowners to question the legality of the mode of possession.

Judgment of the case: 

If there is no lapse in acquisition proceedings under Section 24(2) of the 2013 Act, the land remains in the possession of the appellant. There will be no question of payment of compensation to the petitioners. It was said that the writ petitioners were entitled to compensation according to the Land Acquisition Act, 1894. All of the above taken into consideration, the Court declared the High Court’s order to be quashed and set aside. The writ petition filed before the High Court was dismissed. 

The present appeal was allowed, and no order was given regarding costs incurred by the parties.

About the Organization

In 2020, Gadi & Associates (or “GnA”) was established in New Delhi. The GnA team addresses a range of issues from different industries and areas. Corporate and commercial law, dispute resolution, and real estate are some of our professional areas. In order to provide effective and efficient counsel, we cater to the needs of all of our clients and strive to take a comprehensive approach to each of our problems.

About the Responsibilities  

The New Delhi firm Gadi & Associates is looking for interns. Students in their second through fourth years of law.

Location

New Delhi

Openings

2

Time Period

September and October, 2022

How to Apply?

Interested candidates may apply from here: –  

mandla.singh.lawchambers@gmail.com indicating the preferred month of joining.

Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

For regular updates, we can catchup at-

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

About the Organization

A multidisciplinary dispute resolution, criminal defence, and civil litigation business, Mandla & Singh Law Chambers has specialised verticals for White Collar Crimes, Blue Collar Crimes, Company Laws, Property & Land Laws, Matrimonial Laws, among other areas of law.

About the Responsibilities  

Applications are now being accepted for long-term and pre-placement internships for students in their final year.

How to Apply?

Interested candidates may apply from here: –  

mandla.singh.lawchambers@gmail.com indicating the preferred month of joining.

Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

For regular updates, we can catchup at-

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

INTRODUCTION

The terms ‘environmental, social, and governance’ are referred to as ESG. Sustainability is viewed holistically by ESG, who believe that it encompasses more than just environmental concerns. The ideal way to define ESG is as a framework for stakeholders to understand how an organization is handling opportunities and risks connected to environmental, social, and governance criteria. Although the word ‘ESG’ is frequently used in relation to investing, other parties including the investment community, clients, partners, and staff are considered stakeholders. They’re all becoming more and more curious about how sustainably an organization operates.

PRINCIPAL POINTS

  • ESG is a framework that aids stakeholders in understanding how a company handles opportunities and risks related to sustainability issues.
  • ESG has developed from earlier movements that prioritized corporate generosity, pollution reduction, and issues of health and safety.
  • ESG has altered many capital allocation and investment decisions.

ESG

  1. Environmental: The environmental impact(s) and risk management procedures of an organization are referred to as environmental criteria. These include the firm’s overall resilience to physical climate threats, stewardship over natural resources, and direct and indirect greenhouse gas emissions (like climate change, flooding, and fires).
  2. Social: The connections an organization has with its stakeholders are referred to as the social pillar. An organization’s impact on the communities in which it operates and on supply chain partners, particularly those in developing economies where environmental and labour standards may be less stringent, are other examples of factors that a firm may be measured against. These factors include metrics for human capital management (such as fair wages and employee engagement metrics).
  3. Governance: Governance describes the direction and management of a business. ESG analysts will work to gain a deeper understanding of how shareholder rights are perceived, how incentives for leadership are related to stakeholder expectations, and what kinds of internal controls are in place to encourage leadership accountability and transparency.

SOCIAL ASPECT OF ESG

The social benefits of ESG go beyond providing access to goods and services for various social groups. It also extends beyond offering work to everyone, regardless of gender, colour, religion, or other characteristics. Despite their importance, these things do not entirely define what it means to be socially responsible.

However, the social impact extends beyond the immediate environment. Additionally, it covers how the organization treats and cares for its personnel. this covers things like paid maternity leave, paid sick leave, paid time off, and pay parity, among other things. All of these factors have an impact on the workers, their families, and their social interactions.

WHY IS ESG IMPORTANT IN TODAY’S WORLD?

We can all agree that having an ESG policy at a company is a good thing. However, it’s crucial to keep in mind that while these developments are positive, they aren’t yet complete and shouldn’t be fully anticipated from such a young movement. While we should support these initiatives, we shouldn’t expect them to be miracles; rather, they should be the beginning of miracles. These initiatives indicate strides in the right direction. People today are becoming more conscious of how their activities impact everyone and everything in their environment. It’s time to take matters into our own hands and take action if we want a different future for everyone—including ourselves, our children, the earth, and all living things.

ESG’s IMPORTANCE IN THE BUSINESS?

There are several reasons which show that ESG is important to a business. It is an important factor in company performance and is the best indicator of environmental, social, and governance success.

  • It might enhance a business’s standing and image, which might draw in new investors.
  • By introducing new legislation, governments all across the world have the power to influence the triple bottom line.
  • By requiring innovation from businesses, it creates a variety of fresh options.
  • It benefits the environment, which benefits your grandchildren and the future generations of your family.

WHAT ARE ESG FUNDS?

ESG funds are essentially funds where money is invested in the bonds and stocks of businesses that do well on metrics including the environment, the social sector, and corporate governance. It made investments in businesses that use environmentally friendly practices. Here, the company’s sustainability is evaluated in light of ESG considerations. It will only cover sovereign bonds from nations with high sustainability ratings when it comes to bonds.

IMPORTANCE OF THE FUNDS

  • First of all, if a company is sustainable, it demonstrates a greater level of social and financial responsibility. It is crucial because only investor pressure will force firms to act responsibly toward the community.
  • This demonstrates how important ESG funds are to the community. As the government focuses more on renewable energy and environmental challenges, it is significant from the investor’s perspective. Additionally, it is anticipated that in the future, companies with significant environmental pollution levels will be subject to the tax.
  • More ecologically conscious, healthful, and natural products are becoming more popular among consumers, who are also changing their lifestyles. Companies must make decisions accordingly as a result of the government’s stricter governance regulations.

TOP ESG FUNDS IN INDIA

  1. SBI Magnum Equity ESG FundThis is the ESG segment’s oldest available fund. This fund has been around for at least 8 years. It debuted on January 1st, 2013. Its fund expense ratio is 1.29%, which is greater than that of other funds in this category. This fund has given an annual return of 15.84% since it was founded.
  2. ICICI Prudential ESG Fund- This fund was officially launched on January 22, 2020. It has been around for almost 1 year and 8 months. On average, it has given a return of about 39.35%. It has generated a return of about 60.52% over the past year. Avenue Supermarts Ltd., Wipro Ltd., Bajaj Finance Ltd., Tata Consultancy Services Ltd., and Nestle Ltd. have received the majority of their investments. The expense ratio for this product is 0.48%, which is lower than what other thematic ESG funds charge.
  3. Quantum India ESG Equity Fund- It is a medium-sized fund with 1920 crores of rupees in assets under management. On September 21st of last year, the fund was established. The expense ratio it charges, 0.6%, is comparable to that of other ESG thematic funds in this market. Compared to its competitors in this market, this fund has a lower exposure to the financial and technological sectors, investing its money in industries including FMCG, chemicals, healthcare, and financials. Regarding the returns, since its debut, it has been able to produce returns of 42.59% annually. The portfolio allocation for this fund is split 95.9% into equities, 0.02% into debt, and 4.08% into other alternatives.

WHAT IMPACT DOES ESG HAVE ON THE ECONOMY?

ESG is resulting in a more sustainable society and an improved environment. It is helping to lower carbon emissions across major economies, reduce deforestation and water waste through better irrigation practices, improve energy efficiency within companies, and create a circular economy. Through its influence on companies, ESG is increasing corporate transparency and accountability. It is empowering consumers to make more sustainable decisions about the products they buy and the companies they support.

WHY FIRMS IN INDIA SHOULD FOCUS ON ESG?

India is seeing an increased focus on ESG. According to a recent report by IT industry group Nasscom and Boston Consulting Group, global companies’ growing efforts in enhancing their environmental, social, and governance goals (ESG) will boost revenue for Indian technology and services companies. Furthermore, several outside factors contributed to the adoption of ESG initiatives by digital companies. Several sizable multinational corporations are requiring that vendors adopt specific ESG objectives to compete for their business. Investment in ESG is a business necessity for organizations. Start-ups are being pushed to focus more on incorporating these into their overall strategy by investors’ requests for them to establish an ESG strategy.

While the larger businesses already had well-defined objectives and an ESG roadmap in place, it would work with the smaller businesses to integrate these into their strategic priorities, begin the process of internal adoption, and develop customer-facing solutions. It was crucial to comprehend the techniques that, given the company’s size and business aims, would apply to it.

Indian enterprises are being forced to reconsider their strategy as a result of the uncertain state of the Indian economic environment and the amplified effects of many environmental and societal disruptions. ESG is developing as a concept to produce long-term value for all stakeholders. The COVID-19 pandemic has highlighted the value of ESG as a fundamental strategy for long-term corporate resilience. Businesses are considering moving beyond non-financial reporting and beginning to report using an integrated profit and loss approach, which aims to correlate or monetize the favourable and unfavourable effects of business operations and products through a variety of capitals, thereby assisting in the creation of long-term value.


REFERENCES

  1. What is ESG and why is it important, available at https://www.esgthereport.com/what-is-esg-and-why-is-it-impor

This article is written by Aditi Jangid, a 1st year law student pursuing her bachelor’s degree from Delhi Metropolitan Education (Affiliated to GGSIPU).

Introduction

The Constitution of the Republic of India is the largest in the world. It describes India as a Sovereign Socialist Secular Democratic Republic, which has a parliamentary system of governance. The Indian Constitution was adopted on the 26th Day of November 1949 and was officially enforced from 26th January 1950. It took 2 years, 11 months, and 18 days for the constituent assembly to write the constitution. The Indian Constitution is a living document and is the supreme source and authority of law in India, but since its creation, the Constitution has been amended multiple times. Beginning with 395 Articles and 8 Schedules, it presently remains stands at 450 Articles and 12 Schedules resulting from 105 amendments. The 1st Amendment to the Constitution was made in 1951, whereas the most recent, 105th Amendment, was made in 2021.

Both rigid and flexible, the Indian Constitution is virtually amendable but difficult to change. The Indian Constitution stipulates that the government may amend the constitution as per Article 368. There are two distinct kinds of amending procedures: rigid and flexible. It is highly challenging to modify the Constitution under the rigid system. The U.S., Canadian, and Australian Constitutions are listed under the rigid system, whereas, the flexible approach is how the Constitution can be amended. A provision must be made in any of the houses in accordance with Article 368 of the Indian Constitution, and it must later be approved by a simple majority or a substantial majority. The resolution will be sent to the president seeking approval if a vote passes it.

Three unique amendment techniques, which blend flexibility and rigidity, are included in the Indian Constitution.

  • Simple majority approval; is required to amend some sections, which is akin to adopting a regular law. For instance, adding new states, changing the boundaries of states, changing citizenship requirements, etc.
  • The special majority’s amendment; According to Article 249, a majority of two-thirds of members is necessary for a vote. A special majority is needed to adopt Rajya Sabha resolutions that are intended to become laws for the State list.
  • Special majority and ratification by at least half of the State Legislatures; the articles, such as those governing the election of the President, the subjects included in the Seventh Schedule, the relationship between the Centre and the States, etc., may be amended.

The Supreme Court held in the 1973 case of Kesavanand Bharati v. State of Kerala that the Parliament could not alter essential clauses that make up the fundamental structure of the constitution. Ideologies of the constitution that are necessary for its existence. Free and fair elections, the federal form of the country, judicial oversight, separation of powers, and so on. It indicates that the Constitution’s fundamental legal principles and founding principles serve as its cornerstone.

Important Amendments to the Indian Constitution

  1. The First Constitutional (Amendment) Act, 1951 – On June 18, 1951, India’s first constitutional amendment came into effect. All subsequent constitutional amendments followed the model set by this one. The ninth schedule Articles 31A and 31B, and numerous other articles were changed or added because of the first amendment Act. The following Articles were modified by it: 15, 19, 85, 87, 174, 176, 341, 342, 372, and 376. The Acts that make up the ninth schedule are shielded from judicial review. This means that neither the acts nor their legality may be said to violate fundamental rights as the judiciary’s review of parliamentary actions was not effective for the acts as per the ninth schedule, this made it simpler and more straightforward for the government to carry out its objectives through the legislative process of the parliament. They did not need to be concerned about the judiciary disagreeing as a result. Indian people are free to engage in any type of trade or company they choose under Article 19(g). The amendment stated that the nationalization of any trade or enterprise by the state is permitted if it complies with the following requirements and is in the interests of public order, friendly relations with other countries, and state security, the provocation to execute an offence, defamation, and court contempt.
  2. The Fourth Constitutional (Amendment) Act, 1955 – The first constitutional amendment and the fourth amendment both address issues concerning property, land acquisition, and zamindari eradication laws. The judiciary fairly maintained the Zamindari abolition legislation and accepted them. Article 31 was amended significantly by the Fourth Amendment, which also added Article 31A. Clause (1) of Article 31A was replaced, and Article 31A (2)(b) was changed to include the terms “raiyats” and “under raiyats” in the group of people whose “rights” in an estate were no longer covered by Articles 14, 19(1)(f), and 31. Additionally, the ninth schedule was changed to include additional performances. Trade and commerce are free according to Article 301. Is a law that establishes a governmental monopoly in breach of Article 301. The Supreme Court’s ruling explains that law empowering state monopoly needs to be proven to be established in the public’s best interests and indicates that it comes under the classification of reasonable restrictions under articles 301 and 304(b), respectively. This was raised in the case of Saghir Ahmed v. the State of U.P., but it was not addressed at the time. However, an amendment to Article 305 clarifies it now.
  3. The Seventh Constitutional (Amendment) Act, 1956 – The first schedule, which included the geographical area and boundaries of all the states and union territories, underwent alterations because of the reorganization plan. Articles 258A, 290A, 298, 350A, 350B, 371, 372A, and 378A were included as part of India’s seventh constitutional amendment. Additionally, it changed the constitution’s schedules 1, 2, 4, and 7, as well as Section 8. The fourth schedule, which outlines how members in the Council of States are distributed, has undergone a major revision. This was because the seat counts were based on a 1941 census. The population and demographics of India had undergone a major change, necessitating an alteration in the number of seats for each state. The constitution was amended to add a new Article 258A. In contrast to Article 258(1), which grants state governments the authority to delegate union functions, the Article defined the states’ ability to do so. The distribution of seats among the states and their regions has been altered by amending Article 81. Alterations are made after every census. Additionally, after every census, each state would be divided into territorial constituencies. Based on the 13th edition of V.N. Shukla’s Constitution of India, there was a gap that required the application of Article 258A. This gap was discovered when a state’s implementation of some of its developmental projects ran into a practical problem. The addition of Article 258A filled (fixed) this gap. The seventh amendment made significant modifications to the makeup of legislative bodies and councils. The same calculation as before was to be used, i.e., one seat per million for the initial five million; and one extra seat for every additional two million. As a result, the seat count is updated in accordance with the findings of the most recent census, but the calculation method is unchanged. Due to problems in states with a low population, the strength was increased from one-fourth to one-third. The 1/4th rule was effective for states with high populations, like Uttar Pradesh, but not for those with smaller populations.
  4. The Thirty-Eight Constitutional (Amendment) Act, 1975 – According to Article 123, the President may issue ordinances when neither chamber of parliament is in session. However, the President may only do this if he or she is convinced that doing so is absolutely required in the specific situation. As a result, the Constitution has granted the following powers: to the Governor under Article 239B, to the administrator. Articles 123, 213, and 239B have readable language. Since satisfaction is an ambiguous concept, it cannot be quantified. It is inherently arbitrary. According to the amendment, since “satisfaction” is a relative concept, an ordinance should pass if the president is satisfied with it. When the parliament’s two houses are not in session and a crisis arises, an ordinance is passed. There is no time to confer with others or consider the problem in such circumstances. The approval of the president ought to be the sole criterion for action, which must be implemented quickly. After the cases A.K. Roy, etc. vs. Union of India and Anr. and T. Venkata Reddy, etc. vs. State of Andhra Pradesh, the following was decided. The president’s satisfaction is not exempt from judicial review, but it also cannot be dismissed as simply political or cast in doubt just because of a political issue. On the grounds of motivation or lack of application of mind, the ordinance cannot be contested. The authority to enact an ordinance is a legislative authority, not an executive power. If the President’s intentions are being questioned, an ordinance may be called into doubt. When the President acts dishonestly, it may be contested.
  5. The One Hundred First Constitutional (Amendment) Act, 2016 –Article 256A, was added to the constitution with the 101st amendment. “(1) Notwithstanding anything stated in articles 246 and 254, Parliament, and according to clause (2), the Legislature of each and every State, having jurisdiction to adopt legislation with regard to goods and services tax levied by the Union or by such State,” the constitution reads. Where the provision of products, services, or both occur during interstate trade or commerce, Parliament alone has the authority to enact laws relating to the goods and services tax. All the states and the center have the same authority to enact laws governing goods and services. Trades conducted within a state are subject to both state and federal regulations. According to Section 269A, “(1) The Government of India shall levy and collect the Goods and Services Tax on goods in the course of inter-State trade or commerce, and such tax shall be appropriated between the Union and the States in the manner might well be produced by Parliament by law on the suggestions of the Goods and Services Tax Council.” The following prerequisites must be met for the provision, regarding the clause, the provision of products or services, or both, for interstate trade or commerce is defined as the importation of such goods or services into India. According to the clause, the sum allotted to a state is not included in the Consolidated Fund of India. If a tax amount is imposed under subsection (1) and collected to satisfy a tax obligation imposed by the state, it will not be included in the Consolidated Fund of India. When a tax is collected that was imposed by a state under Article 246A and utilized to fulfill clause (1), the tax amount collected will not be included in the State’s Consolidated Fund. Through the creation of laws, the Parliament is empowered to determine where interstate commerce in the form of the delivery of commodities, services, or both will occur. The purpose of the 101st Amendment was to create a consistent national tax system. It grants the center and the states simultaneous taxing authority. Added to that are the union territories. With the legislature in session, this authority allows for the passage of laws relating to the tax imposed on goods and services. All domestic deals involving the flow of goods and services would be subject to this goods and services tax.

Scope for Improvement in the Constitution

  1. Transparency in Appointment of Judges- Judges in India choose other judges. The remaining judges and HC judges are appointed by the SC collegium, which consists of the Chief Justice and the four senior-most judges. The public is unaware of the reasons why one judge was nominated and another was not since this is done in an opaque manner. To ensure accountability and openness, the Judges should be appointed by a completely independent authority. On this point, the judiciary serves as a check on the legislative and executive branches’ powers, but there is minimal to no control over the judiciary itself.
  2. Term Limits on Public Offices- Important constitutional positions including the Prime Minister, President, Chief Minister, Governor, and even Members of Parliament, Legislative Assemblies, all the way down to members of panchayats should have a set number of terms or tenures. No one should be permitted to occupy any elected public office for longer than 3 terms if not 2. Staying for longer durations in a position of power can be misused for personal gains, as we have seen in countries like Russia and China where their head of state misused their powers to remain in power for even longer durations.

References

  1. Kesavanand Bharati v. State of Kerala, (1973) 4 SCC 225.
  2. Saghir Ahmed v. The State of Uttar Pradesh, 1954 AIR 728.
  3. A.K. Roy, etc. v. Union of India, AIR 1982 SC 710.
  4. T. Venkata Reddy, etc. v. State of Andhra Pradesh, 1985 AIR 724.

This article is written by Namay Khanna, a 3rd year BBA LLB (Hons.) student at Symbiosis Law School, Pune.