Centre for Business Laws and Taxation, RGNUL Punjab is inviting students to register for the Certificate Course on Corporate Laws and Practice beginning on September 24, 2022.

ABOUT

The landscape of corporate law has been changing and has even undergone a substantial makeover during the last decade. Varied issues in the insolvency resolution of companies, mergers and amalgamation deals had to be tackled by the lawyers in no span of time. Such issues even resulted in subsequent amendments leading to new opportunities and sometimes more complications.

OBJECTIVES

  • Bridge the gap between theory and practice of corporate law
  • Get a thorough understanding of the legal and regulatory framework of corporate law
  • Acquire litigation and drafting skills in corporate laws
  • Help students get jobs in the corporate sector
  • Acquaint students with the relevant and current trends of the corporate sector
  • Enhance the analytical and critical thinking skills in the field of corporate law
  • Analyze judicial opinions and legal arguments on crucial corporate matters

ELIGIBILITY

The course would be open for the 3rd, 4th, and 5th years of B.A. L.L.B and L.L.M.

RESOURCE PEOPLE

  • Ms Anshika Gupta– Associate, Lumiere Law Partners
  • Mr Akshat Jain– Associate, Lakshmikumaran & Sridharan.
  • Mr Dharav Shah– Senior Associate, Wadia Ghandy & Co.
  • Mr Nagashayana Srinivasaish– Principal Associate, Khaitan & Cp.
  • Dr Sanjay KP Pandey– Legal Advisor, Competition Commission of India.
  • Mr Shubham Vijay– Principal Associate, Lakshmikumaran & Sridharan.
  • Mr Tushar Behl – Independent Counsel, of counsel at Unity Legal, Ex Associate at Luthra & Luthra and Delos International Arbitration Centre

REGISTRATION FEE

  • For RGNUL students: Rs. 500/-
  • For others: Rs. 1000/-

IMPORTANT DATES

  • Registration Deadline – September 20, 2022
  • Course beginning – September 24, 2022

CONTACT DETAILS

cblt@rgnul.ac.in

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Introduction

Communalism was an element of Indian history before Indian independence. It did, however, develop fiercely in India’s contemporary politics, driven by British colonization. The emergence and development of communalism have their unique histories. In reality, the British tactic of “divide and rule” included communalism, which may be dated back to the period before independence. Hindus and Muslims came together during India’s first war of independence [1857] to drive away British Empire. The British put an end to the movement and later began using the “divide and rule” strategy to incite Muslims against Hindus and vice versa. Communalism is employed in a variety of ways to obtain a political benefit or to cause community conflict.

India’s religious and cultural diversity inspires communalism as a political notion. It has been used as a political propaganda weapon to incite communal animosity and violence among communities based on religious and ethnic identity. It doesn’t take much intelligence to notice that communalism is rapidly increasing in India. Leaders connected to the current administration have called for the annihilation of Muslims; meanwhile, what are supposed to be more moderate voices on that side are raising a number of concerns that target Muslim daily life, such as their call to prayer, the wearing of the hijab by Muslim women, and the sale of Halal meat.

Attachment to a religious community does not constitute communalism. A person’s religiosity toward a community does not imply communalism. However, employing a religious community against other groups and the entire nation is communalism. In contemporary society, communalism is blind adherence to one’s own religious group. It is characterized as a weapon for or against mobilizing people through communal service appeals. Dogmatism and religious fanaticism are linked to communalism.

Factors behind Communalism prevalence in India

The Indian Constitution guarantees citizens several essential rights (i.e. individuals). In the case of minorities, however, the entire community has been granted fundamental rights under Articles 28, 29, and 30, which provide that they are free to administer their own educational institutions and have the right to preserve their own culture. However, these rights are employed above and beyond individual rights by personal law boards governed by their own community laws. As shown in the Shah Bano case.

There is also animosity toward such personal rules, and there is growing support for a uniform civil code, which is also referenced in Article 44 of the Indian constitution’s Directive principle for states. This will assist to bridge religious divides. In the lack of a uniform civil law, all communities are perceived to have conflicting and contradictory interests. As a result, community-based pressure organizations bargain on behalf of their own community. These communities struggle for power and resources at the political level. This competitiveness leads to huge wars. Politicians attempt to convert these communities into vote banks, and various communities become watertight compartments.

Since its independence, India has pursued the notion of nation-building based on secularism. Even after 68 years of freedom, India is still on fire from communalism. However, there are several explanations for this. However, just a few of them have been explored here, with the awareness that the causes that play a part in the maintenance of communalism are:-the first religious, and the second political. The third one is socioeconomic, and the fourth is global.

In the first case, religious fundamentalism should be held accountable for communalism. After all, fundamentalists believe that “our belief alone is real” and that “the rest is wrong or inadequate.” According to this mindset, when members of any religious group, sect, or sub-sect engage in their activities, they are bound to clash with others. The reason is self-evident. They lack tolerance, which is essential in a country like India, which has many distinct religious sects. They become the source of conflict, hostility, and strife.

Politicians have also played a major part in escalating communal tensions in India. Politics was at the heart of India’s agonizing partition in 1947 in the name of a specific religious group. However, even after paying a high price in the form of division, we may discover political parties or their followers directly or indirectly involved in many subsequent riots. Along with this, the strategy of appeasement, selection of candidates based on community, sect, sub-sect, and caste, and inflaming religious feelings before elections all contributed to the emergence of communalism. These abuses are still being carried out, and the country is suffering as a result. Many negative consequences of these actions can be seen.

Though India’s socioeconomic conditions have improved since independence and economic reforms since 1991 have been essential in improving such situations, there are still numerous obstacles in front of Indian society that pose a danger to its variety. Population, poverty, illiteracy, and unemployment all produce a lot of compulsions, especially among the younger generation. As a result, many members of the younger generation, who are unemployed and living in poverty, become involved in evils such as communalism. Efforts to eradicate poverty, illiteracy, and unemployment are not yielding the expected results.

External forces (including non-state actors) also have a role in exacerbating and escalating the communalism problem. We cannot name any specific country in this respect, but researchers and people who think about this issue on a regular basis have underlined this fact.

The following are the primary causes for external factors’ engagement or influence in riots:

  1. To create an unstable environment in order to become socially weak;
  2. To wish for compassion from minorities;
  3. attempting to undermine a foreign country’s economic system; and
  4. In order to mask their own inadequacy

Outcomes of Communalism

The most serious consequence of communalism is communal tensions or rioting. When religious issues are politicized, it leads not just to communalism but also to fascism as well as to communal riots. Riots that occur as a result of conflicts between two or more communities’ communal interests are referred to as communal riots.

Communal violence is a phenomenon in which members of two distinct religious communities band together and attack one other with sentiments of hatred and animosity. The revival of Hindu-Muslim economic struggle, particularly among the poor and middle classes, has fostered communalism. In addition, social media has proven to be an efficient instrument for sharing information about communal tensions or riots in any section of the country.

The absence of interpersonal confidence and understanding between two groups frequently results in perceptions of threat, harassment, fear, and significant risk in one community towards the members of the other community, which in turn leads to fights, hatred, and rage phobia. We are all aware of the consequences of communism. The poor are the genuine victims of mass massacres; they lose their homes, their loved ones, their lives, their livelihoods, and so on. It violates human rights from every angle. Sometimes children will lose their parents and become orphans for life, with no one to care for them.

In addition to having an impact on society, it is a danger to Indian constitutional norms that encourage secularism and religious tolerance. In that circumstance, citizens fail to fulfil their essential responsibilities to the nation. It poses a danger to the nation’s unity and integrity as a whole. It just spreads hostility in all ways, splitting society along communal lines. Aside from this, minorities are viewed with mistrust by everyone, including state officials like as police, paramilitary forces, the army, intelligence services, and so on. There have been several occasions where members of this group have been harassed and jailed, only to be freed guilt-free by court rulings. There is no mechanism for compensating such victims for lost livelihood income, social humiliation, or emotional distress to their families.

Such things are a bump in the road for society and an obstacle to its progress. This is also one of the reasons that India is still classified as a “developing nation,” because such activities frequently harm the country’s human resources and economy. Again, it takes years for individuals and impacted areas to recover from the horrors of such violence, which has a profound influence on the brains of those who have experienced it. They have been emotionally shattered and insecure their entire lives.

Some Infamous Cases of Communal Violence in India

  • Partition of India, 1947-Following partition, millions of people was compelled to relocate from both sides of the border. Hindus in Pakistan and Muslims in India were massacred in large numbers, women were raped, and many children were orphaned. There was hatred everywhere, and violence saw nothing but bloodshed. Later, it became a refugee problem, and their rehabilitation became one of the most difficult challenges for independent India.
  • There were no major religious riots until 1961 when the Jabalpur riots rocked the country more because of the economic struggle between a Hindu and a Muslim bidi producer than any electoral competition.
  • In the 1960s, a series of riots erupted in the eastern section of India, mainly in Rourkela, Jamshedpur, and Ranchi, in 1964, 1965, and 1967, in areas where Hindu refugees from then-East Pakistan were being placed.
  • In April 1974, violence erupted in a chawl, or tenement, in Mumbai’s Worli district as police attempted to disperse a Dalit Panthers gathering that had become violent after fights with the Shiv Sena.
  • After Indira Gandhi’s death in October 1984, anti-Sikh riots erupted in Delhi, Uttar Pradesh, and other regions of India, killing around 4000 Sikhs.

One thing is consistent in all of these and hundreds of previous riots: the vast majority of casualties had nothing to do with community animosity. In summary, perpetrators of violence and victims of violence are distinct individuals. Similar to the preceding list, there are many others that have impacted the masses and killed individuals on a big scale. Bombay bombing in 1993, Lashkar-e-Toiba attack on Akshardham in 2002, and Varanasi bombing in 2006 are only a few examples of anti-Hindu incidents.

Steps to be taken to deal with Communalism

Communalism is a crippling paralysis that must be addressed. Communal Riots are a constant danger to religious unity in our country. They must be dealt with and handled efficiently. A few recommendations in this respect may be made. While making proposals is simple, putting them into action is a significant difficulty. There is a need for reform in the current criminal justice system; quick trials and proper recompense for victims may serve as deterrents.

The increased presence of minorities and underrepresented groups in all branches of law enforcement, as well as training of forces on human rights, particularly in the use of guns in compliance with the UN code of conduct. Codified standards for administration, specialized training for the police force to deal with communal riots, and the establishment of specific investigative and prosecuting organizations can all help to reduce serious communal discontent.

Value-oriented education, with a focus on the values of peace, nonviolence, compassion, secularism, and humanism, as well as developing scientific temper (enshrined as a fundamental duty) and rationalism as core values in children in both schools and colleges/universities, can be critical in preventing communal feelings. Media, films, and other cultural outlets can have an impact on encouraging peace and cooperation. Though all of these practices are popular in India, there is definitely a need for development in this area.

Thus, concerted efforts are required to address the problem of communalism in India. Everyone must carry out their responsibilities. If we do this, there will undoubtedly be harmony. Everyone will benefit. This must be done; it was Mahatma Gandhi’s ambition for a free India.

Conclusion

Communalism has taken a toll on Indian residents and has, directly and indirectly, harmed many families. The communal problem should be addressed via communication and understanding. Steps should be done to encourage unity through cultural exchange programmes. Globalization has also brought the world closer together and contributed to the reduction of communalism in several nations, including India.

References

  1. Communalism – Definition and its Types (unacademy.com)
  2. Communalism – ONLYIAS – Nothing else | UPSC IAS EXAM PREPARATION
  3. Communalism (drishtiias.com)
  4. 6 Major Social Issues in India: Causes and Measures (sociologygroup.com)
  5. Ahuja, R. (2014). Social problems in India. Jaipur: Rawat Publications.

This article is written by Devishee Arora, a 4th-year B.COM LLB (Hons.) student at Amity Law School, Noida

INTRODUCTION

India is a democratic country; therefore, the people of the country are its superheroes. The government, constitution, laws, and others, as such, all exist for the people and by the people. So, laws are meant for the citizens of the country, and they can be shaped by the people. In India, the law-making process is carried on by the central or union government for the whole country and by each state government for each state, as well as the local municipal councils and districts for their respective districts. The Lok Sabha and the Rajya Sabha are India’s two legislative houses, and for a law to be passed in India, it must pass through the two legislative houses of the parliament of India. A bill is used to present legislative proposals to either house of the Indian Parliament.

 A bill is a draught legislative proposal that, after being approved by both chambers of parliament and the president, becomes law. A law is not passed or enforced as such. It is first crafted as a bill by the legislative houses, and before it is enforced or passed, the bill must be passed or approved by both houses. A bill is a drafted legislative proposal that, after being approved by both chambers of parliament and the president, becomes law. After the bill has been drafted, it must be publicized in the newspapers and the people must be given a democratic opportunity to comment. The legislature must adopt a bill before it becomes a law, and in most situations, the administration must also approve it. A bill is referred to as an act of the legislature or a statute once it has been made into law. The President can assent, withhold assent, and send the measure back for consideration, and he can also sit on it if both houses of Congress concur. The bill then passes both houses if they agree. The president will then sign this agreed-upon bill into law, making it applicable throughout the country. 

DEMOCRATIZATION IN LAW-MAKING       

As a democratic country, there must be public participation in the law-making process. As a democratic country, there must not only be the right to franchise and elect their representative but the people must also participate in the law-making process. In the democratization of law-making, the central government must publish the details of the legislation. The drafted bill must contain the provisions, its impact on the environment and the lives of the affected people. The public must be given 30 days to comment. Comments are submitted to the parliamentary standing committee to amend the necessary provisions in the bill to make the bill people-friendly.

THE PRE-LEGISLATIVE CONSULTATION POLICY

The Pre-Legislative Consultation Policy was developed by the Central Government in 2014. This policy gives individuals like you and me the opportunity to participate in the drafting of laws before it is to made or enforced as law in our country. According to this policy, the government must give a chance to all the people of the country to participate in the process of law-making so that the law made by the government is for all. Since the law made by the government will be for the good of the public and since the people themselves are involved in the law-making process, the law made will not be violated on a large scale and will be followed by the majority of the population. This ideology of law-making is successfully achieved by the government publishing the proposals made by the legislative assembly to the general public to receive their feedback on any draught or proposed legislation for at least 30 days. Public consultation is the procedure where you inform the government of your opinions on how a policy might affect you.

These requests for comment must include the proposed legislation or at the very least information about it, such as its financial ramifications and effects on the environment, citizens’ lives and livelihoods, and their fundamental rights. The main objective of the Pre-Legislative Consultation Policy is to assist citizens in legitimate and expanding demands for more transparency from the government. This policy is considered to be the most effective tool for citizens to participate in the process of law-making in our country in a democratic manner.

It is important that laws be drafted in a democratic form. In the first place, we, the people, elect our representatives and they make the laws for us in parliament, and we the people play a crucial role in shaping those laws made by them. They also ensure that the final policy or law drafted is relevant and serves the people for whom it was drafted.

It is essential that we have policy tools like PLP in a nation like ours with such a wide range of interests so that all groups feel as though their opinions are given the proper respect and recognition. To make sure that the government receives useful suggestions from those whose lives will be impacted by its laws, consultation with the pertinent stakeholders is essential.

The Muslim Women (Protection of Rights on Marriage) Bill of 2017, which forbids the practice of triple talaq, is a clear illustration of this. The appropriate organizations weren’t appropriately contacted before the measure was enacted. One of the many errors in the bill is that triple talaq was stated as a cognizable offence. Another alarming development is that the police were given the right to hold Muslim men without any judicial review or inquiry into whether the subject actually warranted detention. In essence, this meant that the rules were still in effect even though neither spouse had filed a formal complaint. Additionally, the government did not draught the measure after engaging with concerned representatives of civil society, such as advocates for women’s rights, defence attorneys, or even Muslims. In this case, the bill or the law passed by the legislative assembly would have been drafted more effectively if a pre-legislative consultative procedure had been used

The Transgender Persons (Protection of Rights) Bill, 2016, which drastically curtailed the rights of transgender people as recognized in the seminal case of NALSA v. Union of India1, serves as another illustration of how the government neglected to engage with concerned community members. The transgender community essentially rejected the Bill outright because they felt it was not in their best interests because it was not adequately discussed and consulted with during the bill’s development. In short, the Bill incorrectly lumps intersex people and transgender people together, seeing them as interchangeable, and it neglected to adequately address significant issues at the time, like the repeal of Section 377 of the IPC. It also did not respond to the Trans community’s widespread call for inclusive marital and inheritance rules. Another grievous omission was the failure to gender-neutralize offences in order to properly exclude members of the transgender community. In this instance, much more effective legislation could have been drafted if a pre-legislative consultative procedure had been used, in which the Trans community had been properly informed and consulted before the Bill was drafted.

Kerala has set an example for Pre Legislative Consultation Policy. In Kerala, the state ensures public participation to draft its police law. The draft bill was placed on the Kerala police website inviting feedback from the public at large. When the draft bill was introduced in the house at that time there was a district-level town hall meeting. A select Committee was set up and amendments were made which included people-friendly provisions. And Kerala Police Act was passed.

CONCLUSION

There will be effective law-making only when the public also participates in the law-making process. The Second Administrative Reforms Commission has emphasized that public participation in law-making is vital for the functioning of the law-making process. The policy-making and law-making process should be available in regional language also so that the people would understand the law and suggest some changes in the law.  Public comment is essential and necessary changes should also be made by the legislature. Our country should develop a social audit legislation wherein there must be a legal obligation on policymakers to consult the public.  


CITATIONS

1. SC Writ Petition (Civil) No. 400 of 2012

This article is written by Sree Lekshmi B J; third year law student from Sastra University, Thanjavur.

The Centre for Alternative Dispute Resolution, RGNUL (CADR) is collaborating with Surana & Surana International Attorneys, headquartered in Chennai, India to organize the 3rd edition of the International Arbitral Award Writing Competition 2022.

ABOUT

The Centre for Alternative Dispute Resolution (CADR) at the Rajiv Gandhi National University of Law, Punjab, has been established to promote students’ and researchers’ interest in Alternative Dispute Resolution constituting dispute resolution methods like Arbitration, Negotiation, Mediation and Conciliation. CADR endeavours to promote and develop ADR as a vehicle of socio-economic and political justice.

ELIGIBILITY

The competition shall be open to the students who are pursuing their B.A.LL.B./LLM/PhD/MPhil or any other Undergraduate or Masters courses (other than Law) in any university across the world.

If any student of Rajiv Gandhi National University of Law (RGNUL) is positioned amongst the top three, he/she will not be eligible for the top three prizes but will be felicitated with a special prize by the Surana & Surana International Attorneys, Chennai.

IMPORTANT DATES

  • Release of the competition problem: September 10, 2022
  • The last date to seek clarifications: October 10, 2022
  • Release of clarifications: October 20, 2022
  • Last date for submission of the final draft: November 20, 2022
  • Declaration of results: January 2023

PRIZES

  • First prize: INR 25,000/-
  • Second prize: INR 15,000/-
  • Third prize: INR 10,000/-
  • Consolation prize (next 5 best entries): INR 1,000/- (each)

LINKS

FORM

RULES

CLARIFICATIONS

COMPROMIS

CONTACT DETAILS

+91 7009722968

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The Centre is proudly hosting this course from September to December scheduled to commence on the 25th of September 2022.

ABOUT

The course is structured in order to engage in a dialogue and create awareness about the scope and challenges in the field of Corporate law. This includes topics such as Corporate Governance, Financial Market Regulations, Mergers & Acquisitions, IBC, Banking Law, International Trade Law, and Indirect Taxation undertaken by renowned practitioners and stalwarts from top Law Firms.

ELIGIBILITY

Every student of the 3rd, 4th, and 5th year of B.A. L.L.B and L.L.M who wish to attend the hybrid course have to register at the given.

DATES

This is the preliminary registration, the form for the final registration shall be floated subsequently. The last day to register for the course is 20th of September 2022, 11:59 pm. No registrations beyond the following deadline will be entertained.

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School of Law, Forensic Justice& Policy Studies, National Forensic Sciences University, Gandhinagar in association with Legal Startups organises Legal Hackathon a “National Business Plan Competition on Legal Innovation & Legal Startups”.

ABOUT

Legal field has been facing various challenges for the last few decades, especially in terms of pendency of cases and complex legal compliance. To address these situations, we need to come up with innovative mechanisms, plausible solutions, and initiatives in the said field.

Thus, innovation and Startups in the legal field are the way forward. In this regard, many startups initiated by young minds can be seen emerging in the legal field in last few years. Further, Ministries, Government Departments /bodies have also initiated various innovative schemes for serving the people at large.

DETAILS

  • Registration with Google Form by October 2, 2022 through the link given at the end of this post.
  • The registration fee is applicable for selected teams. Teams are required to pay a registration fee of Rs. 1000 after selection.

DEADLINE

October 2, 2022

AWARDS

  • Winner Cash Prize of INR 25,000/-, Memento & Certificate of Merit
  • 1st Runner Up Cash Prize of INR 15,000/-, Memento & Certificate of Merit
  • 2nd Runner Up Cash Prize of INR 10,000/-, Memento & Certificate of Merit
  • All the entries will be given a certificate of participation

CONTACT DETAILS

+91 84579 02134

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Bharati Vidyapeeth University’s New Law College, Pune, is organizing a Regional Conclave on Justice Education in Asia, Building Network for Social Justice, funded by Regional Committee- Global Alliance for Justice Education.

ABOUT

To strengthen justice education they are organizing a regional conclave under the grant from Regional Committee-GAZE. The Conclave spreads over two days with expertise sharing, panel discussion and presentations from law schools in India, Bangladesh, Pakistan, Nepal, Afghanistan, Kazakhstan, Iran, Iraq and Bhutan.

The focal point of the conclave is to create a collaborative platform and high-quality research networking in Asia. The conclave seeks to bring together practitioners and educators from across the Asian region to give space for addressing new approaches and initiatives.

THEME

  • The Inspiration and Diversification of Justice Education: An Overview
  • Justice Education in Asia: Initiatives, Challenges the Roadmap
  • Best Teaching Methods, Innovative Ideas for Social Justice: Law Colleges Initiative
  • Policy Reflections on Justice Education- Institution’s Initiative

SPEAKERS

  • Prof (Dr) Ved Kumari, Vice Chancellor, National Law University, Orissa, India.
  • Prof (Dr) Mohamed Mattar, Clinical Professor of Law & Head of Legal Skills Department, Qatar University College of Law, Qatar.
  • Prof (Dr) Srikrishna Deva Rao, Vice-Chancellor, National Law University, Delhi, India.
  • Adv. Dinesh Tripathi, Senior Advocate Supreme Court of Nepal, Nepal
  • Prof (Dr) Nishtha Jaswal, Vice-Chancellor, Himachal Pradesh National Law University, Shimla, India.
  • Prof (Dr) Shashikala Gurpur, Director, Symbiosis Law School, Pune Dean, Faculty of Law, Symbiosis International (Deemed University), Pune (SIU), India.
  • Adv. Nirmal Kumar Upreti, Advocate, President, Forum for Nation Building Nepal, Joint-Secretary, NGO Federation Kathmandu Branch, Nepal.
  • Bruce Lasky, Partner and Pro Bono Head of Lanna Lawyers, Co-Founder/Co-Director of Bridges Across Borders Southeast Asia Community Legal Education Initiative, Thailand

INSTITUTIONS

  • United Nations Office on Drugs and Crime
  • National Center for Advocacy Studies, Pune
  • Center for Child and the Law (NLSIU), Bengaluru

DETAILS

Interested candidates may fill out the registration form at the end of this post.

Registration Fees

  • Students: INR 300
  • Academicians/Professionals: INR 500
  • Foreign delegates/Students: INR 1000
  • Payment Details: (Within India)
    • Bank Name: Bharati Sahakari Bank Ltd; Branch Name: Erandwane, Kothrud; Branch Address: Suyash Apartment, 37, Paud road, Bhusari Colony, Kothrud, Pune 411038; Account Number: 020002300023592; IFSC Code: SVCB0010020; MICR Code: 411355007; Name of Agency/Beneficiary: Principal, New Law College, Pune.
  • Payment Details: (Outside India)
    • Bank Name: State Bank of India; Branch Name/Address: Deccan Gymkhana, Pune; Account Number: 11100350461; IFSC Code: SBIN0001110; Swift Code: SBININBB218; Name of Agency/Beneficiary: Bharati Vidyapeeth Deemed University, Pune

IMPORTANT DATES

September 27-28, 2022

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Vasundhara- The Green Society under the aegis of Law College Dehradun, Faculty of Uttaranchal University is conducting its 3rd National Article Writing Competition.

ABOUT

This Article writing competition will provide the students to enhance their skills in a fun and easy way through research. The competition aims to develop interest among students to explore and analyze legal issues, especially those related to environmental law. It will provide a platform for students to remember and learn new facts pertaining to environmental law.

THEME

Uttarakhand On The Verge Of Losing Natural Resources

ELIGIBILITY

  • Law students (both undergraduate and postgraduate), management students, economics students and other undergraduate students and research scholars from any recognized college/university in the country are eligible to participate.
  • Co-authorship is not allowed.

REGISTRATION DETAILS

  • Interested candidates may register through the link given at the end of this post.
  • Participants will receive all the details and links through their registered mail ids after registration.

Registration Fees

  • INR 80/- per participant
  • Payment Details:
    • Google pay – 7302240252
    • UPI – hs5227682@okhdfc[at]okhdfc

SUBMISSION GUIDELINES

  • The participants have to submit their Articles on lcdvtgs@uttaranchaluniversity.ac.in
  • The subject should read: Submission of entry: “Uttarakhand at the verge of losing its natural resources” Article Writing Competition.
  • The electronic copies must be submitted in pdf format. In case two emails are sent by the participant, the copy of the draft sent last will be considered for evaluation.
  • The font should be Times New Roman, Size 12, and line spacing should be 1.5.
  • In the article, 15 per cent of plagiarism is allowed for the participants.
  • The word limit should be 800-1000 words.

AWARDS

  • Winner – INR 500/- & Certificate of Merit
  • 2nd Position – INR 300/- & Certificate of Merit
  • Certificate of Participation to all other participants

IMPORTANT DATES

  • Registration Open – September 7, 2022
  • Registration Deadline – September 18, 2022
  • Submission Deadline – September 22, 2022
  • Declaration of Results – September 28, 2022

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Introduction

A company is a legal entity formed by a group of individuals to get indulged in business. Companies in order to gain profits and reduce competition from the market often involve in activities like mergers and acquisitions. Mergers and acquisitions are a type of reconstruction that helps in expanding the business. Reconstruction is the building up of a completely new structure or description of which one has only a few parts or only partial evidence. In the case of John Holt Nigeria Ltd & Anor v. Holts African Workers Union & ors, Ademola CJN held that it was lawful for the company to re-organize by way of a reconstruction plan to improve its business and profits. Mergers and acquisitions are terms describing the consolidation of companies or assets through various types of financial transactions. Mergers refer to a process when a larger company or company of similar size merges to form a single unit. Acquisitions happen when a larger company acquires a smaller company.

Mergers and Acquisitions in other words can be stated as a business tactic in which the senior executives of the companies foresee the market strategies of economic growth, market competition, higher revenues, and adhering to higher synergies by merging or acquiring a target company to create a higher share in the market. Microsoft acquisition of Intuit (1994-1995); In 1994, Microsoft proposed a deal that would be the largest acquisition ever made in history. Microsoft saw an opportunity in Intuit’s recurring fees for processing online check-writing transactions. If the deal would have fixed Microsoft would have accounted for 90% of the market. The deal was later called off as the U.S. Justice Dept. of April 1995 sued to stop the deal, stating that the combination could lead to higher prices in the market and less competition. In June 2022, the largest acquisition ever made was the takeover of Mannesmann by Vodafone occurred in 2000. Vodafone, a mobile operator company, acquired Mannesmann, a German-owned industrial conglomerate company.

Mergers and acquisitions are some of the best business restructuring processes that have gained substantial prominence in the present-day corporate world. Virtual mergers and acquisitions have become a trend, especially in Covid period but during Covid lockdown mergers and acquisitions were down by 57% in 2020 as compared to 2019.  The modern world requires creative space for the management of its affairs. Mergers and acquisitions help in getting the required technology and the labor for running that technology.

Types of Mergers and Acquisitions Transactions

  • Horizontal- Horizontal merger happens when companies with similar kind of work merge together. This type of merger kills the competition in the market and increases revenue.
  • Vertical- Vertical merger takes place between a company and its supporting small businesses. This helps in expanding business by expanding in the early stages but which later leads to reducing the cost of purchasing.
  • Conglomerate- It is between companies with a completely different types of businesses. It is usually for diversification reasons. Usually, at the time of off-season or when a certain business is growing through losses, it is important that the businesses must have a certain level of investment in other businesses set up to overcome losses from one side of the business.
  • Concentric- When two companies operate in the same business but it is not identical but rather complementary to each other merges.

All these types of mergers have their own significance in the corporate business. All the mergers revolve around the fact that the acquirer company wants to gain profit, eliminate competition from the market, keeping themselves updated with technological advancement.

Forms of Integration

  • Statutory- When an acquirer company is much larger than the target company, the acquirer company after acquiring the target company takes all the assets and liabilities of the target company and that company ceases to exist as a separate entity.
  • Subsidiary- In this form of integration, the target becomes a subsidiary to the acquirer and also maintains its business.
  • Consolidation- In this type of integration, the earlier identity of both the companies ceases to exist and a completely new entity is formed.

The word integration suggests coming together for a cause. Here, companies integrate for meeting their company’s goals and objectives.

Forms of Acquisition

  • Stock purchase: The acquirer pays the target entity shareholders cash or shares in exchange for shares of the target company. Shareholders also bear the tax liability.
  • Asset purchase: The acquirer purchases the target’s assets and pays the target directly. The acquirer will not assume any of the target’s liabilities.

Mergers and Acquisitions Deal Structure

It is a binding agreement between the parties involved in a merger or acquisition. It states what each party involved is entitled to and what they are obliged to do according to the principles laid down by the agreement. Deal structure is simple terms, talks about the terms and conditions of a merger and acquisition. The deal is made on the basis that the top priorities of both the parties are kept upfront and it is made sure that they are satisfied, along with the risk that each party must bear. Three ways of structuring M&A deals are asset acquisition, stock purchase, and mergers.

Stages in Merger and Acquisition

  1. Merger and Acquisition Strategy Process:  The first step is to look at the accelerating business through mergers and acquisitions. The factors involved for the same can be location, raw material, technology, labour, skills etc.  Another most important factor is to arrange finance through loans, cash etc. The third step is to look for a suitable company which can match the expectations lay down by the acquirer company. It is very important to develop a preliminary valuation with the target company.
  2. Target Identification Strategies:  In this stage of merger and acquisition, it is important for acquirer companies to have a strong research work setup for target identification. The future course of actions and estimated profits are calculated through customer choices, technological setup, management etc. of both acquirer and the target company before merging or acquiring its business. Before entering into the transactions of merging or acquiring it is very important for an acquirer company to produce a list of target companies, to know the risk involve in such transactions, take advice from the market experts etc.
  3. Information Exchange:  When both parties agree to go ahead with the deal the documentation process starts. A binding legal document is formed to carry out the process of mergers and acquisitions. After that, the entities share their company details with each other to know about the position of both the companies.
  4. Valuation and Synergies: Both the parties wish to strike a deal where they can earn profits. Agreement is reached between the parties only when both the parties feel that the offer is reasonable. Buyer tries to assess the situation by keeping in mind the perks of the target company which won’t be possible without the merger and acquisition.
  5. Offer and Negotiation: At this stage, an offer is given to the shareholders of the target company. Both the parties try to negotiate the prices to strike a deal that can be beneficial to both of them.
  6. Due Diligence:  Due diligence includes a review of the target entity including products, customer base, financial books, human resources etc. The objective is to ensure that information is correct based on which the offer was made. In case of any wrong information, revision is done to justify the actual information.
  7. Purchase Agreement: At this stage of Mergers and Acquisitions a draft of the agreement is outlined about the cash and stock to be given to target shareholders. It also includes the date and time of the payment.
  8. Deal closure and integration: After the purchase agreement, both the parties close the deal by signing the document and the acquirer company acquires the target company. The management staff of both companies works together to act as a single identity.

Each and every step of mergers and acquisitions is important and requires various skill sets, research, time, and resources to fulfil. Any mistake regarding any of these steps might result in huge losses. The merger of America Online and Time Warner is one of the biggest failures in the history of mergers and acquisitions. The managers behind this deal failed to analyze the dynamics of new media landscape and got rushed into getting a new media platform. Thus, the company reported a loss of US$ 99billion- which is one of the largest annual net loss ever reported.

Advantages of Merger and Acquisition

  • The common goal of mergers and acquisitions is to create synergies with the mutual perks of the single entity thus formed, which won’t be possible if the companies would have worked separately.
  • It provides higher revenues and strong market powers by merging and acquiring a company with upgraded capabilities without having to take the risk of developing the same internally.
  • When a company acquires a completely different business it helps it in diversification of cash flows and avoidance of losses during a slowdown in their industry.
  • Start-ups usually have skills and knowledge but they lack resources to expand their innovation. M&A provides these start-ups a way to reach out to companies with financial stability and these start-ups will provide human resources to the companies.

Disadvantages of Merger and Acquisition

  • Mergers and acquisitions eliminate or reduce the competition in the market. This increases profit for the acquirer company but at the same time, it leads to a substantial increase in prices. The company can now increase its prices thus acquiring the monopoly power in the market. The consumers will not be left with many choices rather than to purchase those products at high prices.
  • Merger and acquisition lead to job losses owing to the fact that the acquirer company has its own working staff and thus it takes few people in employment from the target company who are highly skilled. Thus, underperforming staff’s jobs are taken away.
  • When the size of an acquirer company increases, the situation might lead to the loss in the same degree of control that earlier prevailed. Workers might lose interest in their work.
  • Any mistake in the valuation of the whole process might lead to huge losses.

Laws Governing M&A in India

In India, the process of mergers and acquisitions are court driven and requires the sanction of National Company Law Tribunal. Other than court-based M&A, the legislative reforms have introduced short-form mergers that can be carried out privately without invoking the domain of the courts. On the regulatory front, SEBI has been active in making and implementing regulations governing takeovers.

Companies Act, 2013

Mergers & Acquisitions are governed under the Section 230-240 of Chapter XV of the Companies Act, 2013. It lays down various steps and procedures to be followed during mergers and acquisitions. It regulates and prohibits anti-competitive agreements.

Conclusion

Mergers and acquisitions bring out the idea of extracting the best out of everything. They lead to innovation and growth in various fields. The laws regarding mergers and acquisitions are made in a way to regulate competition and fluctuations in money flows. Mergers and acquisitions have given the corporate world different perspectives looking into business objectives. 

References

  1. Wild C. and Weinstein S. (2009) Smith and Keenan’s Company Law; Pearson Education Ltd, 14th Ed.
  2. Aina K.O.; Company Law and Business Associations 1, Law 534, National Open University of Nigeria.
  3. Companies Act 2013, Act of Parliament,2013(India).

This article is written by Rishita Vekta, B.A.LL.B (2nd Year) student from Lloyd Law College, Greater Noida U.P.

Introduction

As per Places of Worship Act, it is “an Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August, 1947, and for matters connected therewith or incidental thereto”

What guidelines do the 1991 Places of Worship (Special Provisions) Act contain?

In 1991, against the backdrop of the Ram Mandir agitation, the Parliament of the PV Narasimha Rao government passed this law.

  • This Act preserves a house of worship’s religious identity as it was on August 15, 1947.
  • A religious place of worship, or a portion of a religious place of worship, may not be converted into a place of worship for a different religion or a different denomination of the same religion, according to Section 3 of the Act.
  • All appeals, lawsuits, or other procedures about changing a place of worship’s religious character must come to a stop at the effective date of the Act, according to Section 4(2) of the Act. Additionally, no new appeals will be accepted.
  • It is crucial to remember that legal action may be taken if the place of worship’s religious nature is changed beyond the deadline of August 15, 1947.
  • The Sets of Worship Act also places a positive obligation on the State to preserve all places of worship’s religious character in the manner that it did at the time of independence.

Exceptions

The Ancient Monuments and Archaeological Sites and Remains Act, 1958, governs ancient and historical monuments as well as archaeological sites and remains.

  • Any disagreement that has been resolved amicably between the parties, any litigation that has been definitively resolved or dismissed, and any conversion of property that occurred prior to the start of the Act.
  • Additionally, the Act does not apply to the Ayodhya temple known as Ram Janmabhoomi-Babri Masjid. This law will take precedence over all other laws now in place.

Efficacy of the Act

  • The Places of Worship Act is inextricably linked to a secular state’s duty.
  • Equality between all faiths.
  • An affirmation of the solemn obligation placed on the State to uphold and defend the equality of all faiths as a fundamental constitutional principle and a component of the Constitution.

The Act’s penalties

  • According to Section 6 of the Act, it carries a maximum sentence of three years in prison as well as a fine.
  • When someone attempts to conduct an offence or help carry out a crime, they are nonetheless subject to penalty under subsection (1) even though they did not take any steps to actually commit the crime.
  • Anything in section 116 of the IPC (45 of 1860) will be punishable with the punishment specified for the offence if anybody aids or conspires to commit an offence under subsection (1).

How does the petition violate the ruling made in Ayodhya?

  • The statute was mentioned by the Constitution Bench, which was chaired by former CJI Ranjan Gogoi, in the 2019 Ayodhya judgement, and it was noted that it expresses the secular values of the Constitution and strictly forbids retrogression.
  • The statute, according to the court, protects secularism by forbidding changes to a place of worship’s status following Independence.
  • “Historical wrongs cannot be righted by the people taking the law into their own hands,” the five-judge Bench warned against additional attempts to alter the character of a house of worship.
  • Parliament has explicitly said that in order to preserve the nature of houses of public worship, the past and its wrongs shall not be used as tools to oppress the present and the future.
  • The State is addressed by the law just as much as every other American citizen is. Its standards bind all those in charge of running the country’s activities.
  • These standards put Article 51A’s Fundamental Duties into practice and as such are mandates that benefit all citizens.
  • In contrast to what the Supreme Court stated in the Ayodhya Verdict, the current petition challenges the law on the grounds that it infringes secularism.

Views of the Supreme Court

  • The Constitution Bench referred to the statute in the 2019 Ayodhya judgement and stated that it embodies the secular values of the Constitution and forbids retrogression.
  • Thus, the legislation is a legislative tool created to safeguard the secular aspects of Indian politics, which are one of the fundamental principles of the Constitution.

Petition concerning Places of Worship Act 1991

  • “The Centre has banned remedies against illegal encroachment on places of worship and pilgrimage, and now Hindus, Jains, Buddhists, and Sikhs cannot file a lawsuit or seek a high court under Article 226,” the plea stated. As a result, they won’t be allowed to reinstate their places of worship and pilgrimage, including temple endowments, in accordance with Articles 25 and 26, and the invaders’ illegal barbaric deeds would go on forever.
  • Additionally, the petition claimed that the law was against the Constitution’s secularism principle.
  • Some contend that “pilgrimage sites” or “burial grounds” are covered by the State List and that the centre was therefore powerless to enact regulations in this area. However, the centre had contended in Entry 97 that it may do so under the residuary power of the union list.

Why is the law under challenge to our cultural practices in the name of secularism?

The first religious parliament was held in Delhi in 1984, with about 558 Hindus in attendance. They planned to launch a national campaign encouraging Hindus to claim the holy sites in Varanasi, Mathura, and Ayodhya. The movement grew in power after the Ram Janma Bhumi-Babri Masjid Conflict in 1990. The Hindu religious groups concentrated on two mosques:

(1) Shahi Idgah Mosque, next to Lord Krishna Temple in Mathura

(2) Gyanvapi Mosque, next to the Kashi Vishwanath Temple in Varanasi, despite the urge to lay claim to over 3000 mosques in the sites indicated above.

The petition was submitted in 1991 on behalf of Swayambhu Jyotirlinga Bhagwan Vishweshwar, the principal deity of the temple, by attorney Vijay Shankar Rastogi. Rastogi asserts in his petition that Maharaja Vikramaditya built the temple there about 2,050 years ago, where the current mosque now stands. He demanded that the Gyanvapi mosque be removed from the area, that Hindus be granted ownership of the entire parcel of property, and that they be granted the ability to practise their religion inside the mosque.

Petition filed for the Gyanvapi Mosque

  • A request was made to the Supreme Court by BJP leader and lawyer Ashwini Kumar Upadhyay in opposition to several clauses of the Places of Worship (Special Provisions) Act of 1991.
  • The Act is being challenged because it forbids any community from claiming the places of worship of another community. This ban is questioned as being legitimate.
  • The Places of Worship Act of 1991, according to a petition, is “arbitrary, unreasonable, and retrospective.”
  • Sections of the Act dealing with the bar on legal claims were the subject of the petition, which argued that they violated secularism.
  • Additionally, it is claimed that the August 15, 1947 deadline is “arbitrary, unreasonable, and retrospective” and prevents Buddhists, Sikhs, Jains, and Hindus from petitioning the courts to “reclaim” their places of worship.
  • It essentially robs people of their ability to use the legal system to seek redress and get justice.
  • According to the petition, “fundamentalist barbarous invaders” “invaded” and “encroached” upon such locations.
  • The petition claims that the law makes it acceptable for invaders to destroy sites of worship in the past. It is puzzling how the birthplace of Ram could be exempt from the legislation but not Krishna’s.

According to the petition, Sections 2, 3, and 4 of the Act:

  • Violates one’s ability to worship, practise, and spread religion (Article 25),
  • Right to control, maintain, and dispense with religious and pilgrimage sites (Article 26),
  • The right to protect culture (Article 29)
  • Antithetical to the State’s obligation to safeguard historic sites and maintain religious cultural heritage under Article 49 (Article 51A).

Conclusion

According to the Act, regardless of its past, every house of public worship that was open on the day of our independence, or 15 August 1947, will maintain its religious character on that day. The filing of lawsuits for such purposes of conversion is prohibited under Section 4, even though Section 3 prohibits the conversion of houses of worship. Thus, the Act’s purpose is evident.

The text of Section 4 of the Act provides a further basis for the dispute; another argument asserts that the clause forbids the right to judicial relief. Given that India has a long history of Muslim conquest and dominance, one key background of this Act is the claim that it discriminates against Hindus, Sikhs, Jains, and Buddhists.

As per the petition:

Hindus would not have received justice if the Ayodhya case had not been resolved. Hindus, Jains, Buddhists, and Sikhs all regularly pay respect to their houses of worship. The ‘Hindu law principle’ is also mentioned in this passage: “Temple property is never lost even if it is enjoyed by strangers for years, and even the King cannot take property away because the deity is an embodiment of God and is a juristic person, represents infinite, the timeless, and cannot be confined to the shackles of time.” Therefore, a thorough reading of the writ petition can give a good indication of the petition’s goals. The petitioner contends that they have a right to have past wrongs corrected, especially now that the nation is independent, and that they are working to redress those wrongs. The petition clearly has religious overtones, and any discussion of the legitimacy of the measure will undoubtedly bring up significant legal issues.

References

  1. Places of Worship Act 1991.
  2. Places of Worship Act (Special Provision Act) 1991.

This article is written by Aditi Jangid, from Delhi Metropolitan Education (Affiliated to GGSIPU).