Damodaram Sanjivayya National Law University is organizing a national seminar and call for papers.


Damodaram Sanjivayya National Law University is a premier educational institution situated at NYAYAPRASTHA Sabbavaram 30 kilometers from Visakhapatnam the City of Destiny.

C-IPR to become the beacon in the field of Intellectual Property Rights by encouraging synthesis of knowledge and best practices cutting across academia, practitioners and research fraternity.


  • Legal Protection of IPR in Civil Aviation
  • Anti-Trust Issues With Respect To Frequent Flyer Programs And Code-Sharing Agreements That Persist In The Aviation Industry: Developing Countries Perspective
  • Anti-Hijacking policy of India – Its constitutionality and safety standards of India.
  • Air route development: A survey of current practice and participation of the nations.
  • Airlines Liability in India with respect to carriage of cargo.
  • Heli taxis are a myth or truth in Indian skies – a comparative analysis with other countries.
  • Procedures of Air crash accident investigation and the relevant convention or rules.
  • Product liability of the Aircraft manufacturing companies in Aviation.
  • Regional Developments through Aviation in India: creation of new regional private or public private partnership airports.
  • Regulation of ground handling aviation services in India.
  • Public Health safeguards in the Aviation sector
  • Need of reforming the aviation security and airport security measures in India.
  • Liability clauses in case of loss of baggage or goods, a comparative study with international instruments to that of the Indian law
  • Future of Aviation industry – Global perspective with special reference to India.
  • Cyber-attacks and the aviation industry.
  • A Contractual relationship between airlines and passengers – An analysis of Rights and Liabilities
  • Dispute settlement in the civil aviation sector.
  • Law relating to the mergers & acquisitions in the Civil Aviation Sector.
  • Civil Aviation policies in Tourism Development.
  • Development of the liability legal regime and its impact on India
  • Aviation and Environmental protection: A sustainable development
  • Aviation insurance coverage laws or police


  • Times New Roman with fontsize 12 and line space 1.5,
  • headings to be typed in fontsize 14 bold and footnotesin fontsize 10.
  • The abstract should be of 300-500 words with minimum five key words and must be accompanied by author/authors details.
  • Full paper is between 3000 to 5000 words
  • Research papers for the conference will be mailed to: nsaviation23@dsnlu.ac.in


  • Submission of Abstract: January 25, 2023
  • Submission of Full Paper: February 8, 2023


For further queries contact nsaviation23@dsnlu.ac.in

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Submissions are invited by way of a Call for Blogs for the Restructuring and Insolvency Law Journal (RILJ Blog) of NUALS Kochi, on a rolling basis.


The National University of Advanced Legal Studies is a uni-disciplinary university in Kochi, India for undergraduate, graduate and post-graduate legal education. It is the only National Law University in the state of Kerala. 

The Centre for Parliamentary and Legal Studies (CPSLR), NUALS, brings to you the Restructuring and Insolvency Journal of Law, an erudite publication and discussion forum especially designed to examine both the practical and theoretical issues and opinions in this increasingly important area of law which is of significant concern to the members within and outside the corporate world. 

It will be a platform to keep its readers abreast of various important topics of interest and current developments and trends in this dynamic field. The RILJ is also the platform to publish our flagship IBC e-Newsletter.

The introduction of IBC E-Newsletter, a student-run peer-reviewed publication in late 2018, was the first successful step towards consolidating and providing quarterly updates in the insolvency and bankruptcy regime. It is exclusively dedicated to analyse the developments relating to the field of insolvency, restructuring and bankruptcy happening in India as well as around the globe.


The contributions must deal with a contemporary issue of insolvency and bankruptcy law or corporate restructuring law. The article must analyse a novel, yet a contemporary issue.


Submissions are welcome on a rolling basis on the areas pertaining to insolvency law, bankruptcy law and restructuring. Articles on national and international insolvency law are welcome. The guidelines are as follows:

  • The blog shall not be accepting entries that fall outside our interest area and be rejected without a detailed review of the piece.
  • Submissions must be unpublished, authentic and original work of the author/authors.
  • Submission can be in the form of articles, case comments, opinions and short notes on the topics as mentioned above.
  • The co-authorship of the submission is limited to only 2 (two) authors.
  • The word limit for the contribution is 1000 to 1500. (excluding endnotes)
  • Submissions shall be in (.docx) format.
  • References should be hyperlinked wherever necessary. In case the cited material does not have an online source or online copy, endnotes must be used (NOT FOOTNOTES).
  • Main text: Garamond, font size 12, line spacing 1.5.
  • Endnotes: Garamond, font size 10, line spacing 1.0. (endnotes should be avoided and kept to a bare minimum). Style of citation: Bluebook 20th Edition.
  • The submissions shall be sent for plagiarism check after the initial review process, confirming to which only shall they finally be published. The plagiarism shall not be more than 15% of the submission entry, and any level of plagiarism higher to the accepted mark will lead to disqualification of the contribution.
  • Submissions must be made in the electronic form to nualsibcnewsletter@gmail.com under the subject heading “Submission: RILJ Blog”. The body of the mail shall contain details of the author (full name, semester, university and contact number). Please do not include any details of the author in the article.
  • Contact Information In case of any queries, please contact nualsibcnewsletter@gmail.com


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NUALS Constitutional Studies Review Blog is accepting submissions on a rolling basis.


The National University of Advanced Legal Studies is a public law school and a National Law University located in Kochi, India. It is the first and only National Law University in the State of Kerala and one of the 23 NLUs in India. Submissions on a rolling basis on any topic related to constitutional law and comparative constitutional law. We welcome submissions from students, early career researchers, policymakers, academics, legal practitioners, and members of civil society organisations.


  • Main text: Times New Roman, font size 12, line spacing 1.5.
  • Endnotes (if any): Times New Roman, font size 10, line spacing 1.0, OSCOLA 4th edition style of citation.
  • All submissions must be original, unpublished, and should not have plagiarised content exceeding the accepted limit.
  • Submissions must be between 1,000 and 1,500 words in length. Submissions which are longer than 1,500 words will not be considered for publication.
  • The submission must be referenced using hyperlinks, wherever necessary. Hyperlinks must link only to legal or respected news sources. The editors make the final decision over what constitutes a respectable source. In case the cited material does not have an online source or online copy, endnotes must be used and not footnotes.
  • The submission must be clear, concise, and must be of contemporary relevance.
  • Co-authorship is permissible for a maximum of two authors.
  • Plagiarism exceeding 15% will result in summary rejection of the submission.
  • Cross-posting on other platforms is permissible only with the permission of the Editorial Board. While cross-posting, the author/s must duly acknowledge that the article was first published on NUALS Constitutional Studies Review Blog.
  • Submissions are to be made only in electronic form and must be sent to csr@nuals.ac.in, under the subject “NUALS CSR – Blog Submission”.
  • All submissions must be made in a .doc or .docx format. The article should not contain the name of the author, their institutional affiliations, or any other identification markers.
  • Authors must include their full name, institution/affiliation, and a short biography in their submission email.

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UPES, School of Law, Dehradun is inviting submissions through a call for blogs for its Society for Constitutional Law & Human Rights blog.


The University of Petroleum & Energy Studies, commonly known and doing business as UPES, is a private university in Dehradun.

The SCLHR Blog is a student-edited, peer-reviewed and an open-access blog maintained by the Society for Constitutional Law and Human Rights. SCLHR seeks to provide a platform that promotes and sustains informed discussion and dialogue on emerging issues in the field of Constitutional Law and Human Rights.

They further welcome original contributions to widen the scope of the Constitutional study for our readers through their creative and informative research works. Keeping the objective of our society, they highly encourage our authors to explore critical and multidisciplinary perspectives on Constitutional developments in and beyond India.

Hence, with the above objectives in mind, we welcome all submissions on the field of Constitutional Law and Human Rights subject to the following guidelines.


Students, researchers, academicians, legal practitioners, and those who are enthusiastic to engage in academic discourse.


  • Understanding the essence of election laws and its mechanism in India.
  • Comparative Constitutionalism
  • Judicial Independence inclusive of Judicial Review
  • Public Health and equity through lens of Constitution


  • The article should be an original work of the author and not under consideration for publication in any other journal or blog.
  • All submissions will undergo a mandatory plagiarism check. The plagiarism percentage should not exceed 20%.
  • Co-authorship is allowed up to one author for the articles.
  • The word limit for submissions is about 1500 words exclusive of endnotes.
  • All documents/sources must be cited in the hyperlink format, and the authors must use endnotes and not footnotes wherever the document to be cited is not publicly available.
  • The format for citation will be Bluebook 20 th Edition.
  • The content should be written in the font style of Times New Roman with a font size of Line Spacing is to be maintained at 1.5.
  • Authors must include their full name and the details of their institution/organization along with their submission.
  • The Editorial Board shall review the article and get back to the authors within a few weeks of acknowledging their submission.
  • The copyright over the articles shall automatically be transferred to the University through the Editorial Board.
  • The SCLHR Editorial Blog follows a 2-tier review process. Therefore, the authors can expect a response from the Editorial Board regarding their submission status within 8- 12 working days from the date of acknowledgement.
  • Please ensure that the submissions to SCLHR Blog which are under review, must not be submitted to any other forum for review/publication.
  • Articles: Authors can submit articles on the themes of Constitutional law and Human Rights below-mentioned. The articles must aim to analyze the issue comprehensively and further, they encourage originality and a creative outlook in the analysis of the issue.
  • Case Comments: Authors can choose to analyze a judgement/judgement of Constitutional relevance aiming to understand the substance of the pleadings before the Courts and the impact of the Court’s understanding of Constitutional Law.
  • Legislation Reviews: Authors can analyze the Constitutionality of a legislation or various executive actions within India. Alternatively, authors can also choose to analyze legislations outside India which have a significant impact on the understanding of Constitutional law within India.

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Since its inception, India has adopted the doctrine of separation of powers, which essentially divides the government into three branches: the legislature, the executive and the judiciary, which are responsible for making the law, implementing the law, and interpreting the law respectively. However, the establishment of a welfare state has greatly increased the government’s sphere of influence to include social security and welfare schemes, such as free or subsidized healthcare and education, rationed food etc. This, in turn, implies a larger number of institutions that are liable to sue or be sued, which inevitably leads to a highly increased workload for the judiciary.

These new cases were interdisciplinary, consisting of elements of social, cultural, and economic importance that were sometimes beyond the black-and-white of legal jargon. The judicial infrastructure, by itself, was not set up to tackle such cases and was found to be inefficient to dispose of these cases swiftly, leading to a huge backlog of cases in courts all around the country. Therefore, a need was felt to introduce quasi-legislative and quasi-judicial institutions that would be better suited to adjudicate on certain important state and central matters, which might not always be strictly legal. Tribunals are thus constituted as a combination of legal professionals and other experts in the areas on which the tribunals are to adjudicate, to ensure a fair, representative and expeditious resolution of cases.


The word ‘tribunal’ has been defined in various judgments and texts over the years. In Durga Shankar Mehta v. Raghuraj Singh, the Supreme Court defined a tribunal to include all adjudicating bodies constituted by the State and invested with judicial functions. It was said that tribunals were not the same as a court.1 In Associated Cement Co. Ltd. v. P. N. Sharma, the Supreme Court stated that while a tribunal may possess some of the qualities of a court, they are not interchangeable terms. As far as functionality goes, an administrative tribunal is neither exclusively judicial nor solely administrative, but an amalgamation of both.2 In general, the word ‘tribunal’ has taken on the meaning of a quasi-judicial body that is specially instituted to adjudicate on and resolve administrative or tax-related disputes.

Legal provisions

Till 1976, tribunals were not officially recognized by the Constitution of India. They were introduced by the 42nd Amendment Act, 1976, under Article 323A, which deals with administrative tribunals, and 323B, which deals with tribunals related to other matters. Article 323A states that the Parliament may provide for the adjudication of issues concerning the recruitment and conditions of service of people employed under public services by administrative tribunals. In pursuance of Article 323A of the Indian Constitution, the Administrative Tribunals Act, 1985 was set up, aiming to provide an infrastructure other than the judiciary to adjudicate on matters relating to public services. Section 4 of the Act enumerated three kinds of administrative tribunals. Section 4(1) provides for the establishment of the Central Administrative Tribunal (CAT) at the level of the Centre, Section 4(2) for tribunals at the state level, and lastly, Section 4(3) for joint tribunals for two or more states, called the Joint Administrative Tribunal (JAT).3

Difference Between Courts and Tribunals

While both courts and tribunals are designed to adjudicate legal matters, there are certain essential differences. While courts are part of the judicial system, tribunals are agents of the judicial system. Courts can try all suits whereas tribunals can only adjudicate on specific issues. Further, a court of law is bound by the procedural framework and the law of evidence while a tribunal is not, and functions based on the principles of natural justice.

Can tribunals substitute the high courts’ power of judicial review?

Through Section 28 of the Administrative Tribunals Act of 1985, the power of judicial review had been taken away from the Supreme Court as well as the High Courts, as envisaged under Clause 2(d) of Article 323-A of the Constitution. While the Supreme Court was granted its power of judicial review back in 1986, the High Courts still had no jurisdiction, which was in other cases granted to it under Article 226 of the Constitution. The constitutional validity of such a provision was challenged and expounded upon in the case S. P. Sampath Kumar v. Union of India. As regards the question of whether the jurisdiction of High Courts under Article 226 could be taken away, the Supreme Court referred to the case Minerva Mills Ltd. & Ors. v. Union of India & Ors., wherein it was held that the jurisdiction of the High Courts could only be limited if an equally efficacious alternative was put into effect.

he Court held that since the administrative tribunals are supposed to substitute the High Courts, they must be comprised of competent personnel who have had sufficient legal training and knowledge to be on par with the High Court judges. Therefore, it was decided that only a previous High Court judge or a vice-chairman of a tribunal with an experience of two or more years could become the Chairman of a tribunal. It was concluded that while the Supreme Court will retain its original and appellate jurisdiction, the tribunals will substitute the High Courts.4 However, this judgment was overturned by a 7-judge bench in the case L. Chandrakumar v Union of India & Ors.

The Court held that the power of judicial review that has been granted to the High Courts under Article 226 of the Constitution is a part of its basic structure and therefore cannot be done away with. It was therefore held that the tribunals could in no way substitute the jurisdiction of the High Courts and can only supplement and support them in their functions. The tribunals will function under the supervision of the High Courts, where decisions of the tribunals will be capable of being appealed.5

Flaws in the Tribunals System

While the idea behind establishing administrative tribunals to act as supplements to higher judiciary sounds good, the on-ground implementation of it has fallen short. The arbitrariness of conduct in tribunals, a lack of a standardized procedure, as well as the method of appointment of personnel, has contributed to the incompetence of these institutions and a failure to garner public support. Unlike Courts, the tribunals are not independent and are subject to executive control, even in the appointment of members, which is why experts and qualified professionals are often hesitant to join them, contributing to the overall incompetency. More often than not, the mandatory judicial quota of the tribunal membership is taken up by retired judges who are not acquainted with modern legislation or other judges who are incompetent for the HC and the SC and use tribunals as stepping stones to angle the trajectory of their careers upwards.

The restrictions on appointments are such that experts in the field who will truly be able to do justice to a problem have no way in. For example, in 2021, the National Company Law Tribunal appointed retired District judges as well as other field professionals, who are unequipped to deal with dynamic corporate law problems. The minimum age requirement of 50 years made the practicing experts in the fields of company law, insolvency law, etc., who would have ensured speedy and efficient management of cases, ineligible for being appointed. On top of this, most tribunals have major vacancies and no active effort is made to fill them. All this results in negating the purpose of establishing tribunals in the first place, as it neither manages to serve justice nor reduce the burden on the Courts. The government directs district courts to pick up the overflowing work from these tribunals, essentially giving rise to a roundabout system of what would have happened had the tribunals never been established.

A majority of the decisions taken by tribunals, even those in which the government is involved, are appealed in the higher courts that usually overturn the tribunals’ decisions. It is hard, in this scenario, to appreciate the value of tribunals in fulfilling their purpose. While they are meant to supplement the High Courts, neither the personnel nor the judicial acumen, nor the confidence in judgments, is comparable to those of the High Courts.6 Another major issue is that tribunals are heavily controlled by their respective ministries as they are dependent on them for funding, infrastructure and administration.

Therefore, certain tribunals such as the Debt Recovery Tribunal, which functions under the Ministry of Finance, and the Armed Forces Tribunal, which functions under the Ministry of Defence, often find themselves bound by a double obligation as they might have to pass orders against the ministry itself from which it sustains itself. This may sometimes cause a failure of justice.

Suggested Reforms

A report titled “Reforming the Tribunals Framework in India” by the Vidhi Centre for Legal Policy studied the work of 37 central tribunals and identified the lack of independence as a major limitation of Indian tribunals. Since the selection committee for the tribunals are also in part constituted by members of the executive, they do not enjoy the level of independence enjoyed by the judiciary, and the selection of members is often biased, arbitrary and unfair to play into the government’s interests. In the case Union of India v R. Gandhi, the Supreme Court stated that these selection committees must comprise both members of the judiciary as well as the executive in equal proportions. The report recorded that the precedent set out by the Apex Court is not being followed in practice, and suggested that an independent and autonomous body such as the National Tribunals Commission must be set up to supervise the establishment and administration of the tribunals.

The setting up of a body like the NTC was also supported by the Supreme Court in the case Rojer Matthew v South Indian Bank Ltd. & Ors. The NTC must ensure that the tribunals obtain their independence from the influence of other powers by prioritizing members of the judiciary. The report suggested the formation of a nine-member committee, of which five must be from the judiciary, in order to achieve this. The report also elaborated on a standardized entrance exam (All India Entrance Examination for Tribunals) for appointment to tribunals, thereby eliminating the risk of biases and enabling objectivity and uniformity in the appointment of members. Further, a single overarching body like the NTC shall remove non-uniformity in the administration of tribunals, as it will be the sole body overseeing the funding, functioning and efficacy of all the tribunals.7

In 2021, a Tribunals Reforms Bill (later passed) was introduced in the Lok Sabha by Nirmala Sitharaman which proposed the dissolution of certain appellate tribunals and delegating their functions to other judicial institutions. For example, cases under the Copyright Act will be heard by the Commercial Court of the Commercial Division of a High Court. It also recommends the merging of tribunals that work in the same domain to consolidate and standardize the administration of similar cases. The Bill also set the minimum age criteria for members at 50 years, and the maximum at 70 for the Chairperson and 67 for other members.8


  1. Durga Shankar Mehta v. Raghuraj Singh, AIR 1954 SC 520
  2. Associated Cement Co. Ltd. v. P. N. Sharma, AIR 1965 SC 1595
  3. The Administrative Tribunals Act, No. 13, Acts of Parliament, 1985
  4. S. P. Sampath Kumar v Union of India, 1987 AIR 386
  5. L. Chandra Kumar v Union of India & Ors., 1995 AIR 1151
  6. Murali Neelakantan, Indian Tribunals – Is the Path to Hell Paved with Good Intention (?, SCC Online, 10 November 2022).
  7. Arijeet Ghosh & Reshma Sekhar, What We Can Do to Reform the Tribunals Framework in India, (The Wire, 10 November 2022).

This article is written by Aanya Sharma, currently pursuing law at Campus Law Centre, Faculty of Law, University of Delhi.


The advancement in the mode of communication has made human life very easy. Earlier the modes of communication available were very time-consuming and less efficient. In today’s world with the advancement of technology, communication has become very easy and a speedy process. The whole world is now turned into a small village considering the fact that the internet has made access to anyone and anything very simple. Social media is one such platform where people are connected. The term social media is related to computer-based technology facilitating the sharing of ideas, thoughts, and information through various virtual platforms. Social media is internet-based and provides users with the quick electronic communication of content, such as personal information, documents, videos, and photos. More than 4.5 billion people use social media, as of October 2021. Social media has paved the direction of how society thinks. It has become a platform for the dissemination of truth as well as lies. When everything is affected by the social media justice system and judges are no exception to it.

Independence of Judges

Judiciary being the 3rd organ of the government, it is important that it is independent of any influence from the other two organs of the government or people in general. The term is normative in a sense as it provides what courts and judges ought to possess. The independence of the judiciary is important to save the general public from any unjust treatment. The concept of independence of judges has come from England’s Act of Settlement. Independence of the judiciary is important in a country like India owing to the diversity of the population residing in India. Provisions in judiciary securing the independence of Judiciary:

  • Security of tenure. (Art.124(2))
  • Salary and allowances.
  • Power to punish for its contempt. (Art.129 in Supreme Court, Art.215 in High Court)
  • Separation of judiciary from the executive. (Article 50)
  • No practice after retirement.

With great powers of the judiciary comes great responsibilities upon the judges.  Indian Judiciary in the Chief Justices’ Conference, 1999 laid down several principles and these were accepted by all the High Courts.  Justice must not only be done but it must also be seen to be done. The working members of the higher judiciary must sustain and reaffirm the people’s faith in the impartiality of the judiciary. Keeping this in mind Judge of the Supreme Court or a High Court, in any capacity whether official or personal capacity, erodes the credibility of the Indian justice system has to be avoided. A Judge should not participate in the election to any office of a Club, society or other association; further, he shall hold elective office only in a society or association which is related to the law. Close association with those who practice in the same court shall be avoided. A Judge should not permit any member of his immediate family if a member of the Bar, to appear before him or even be associated in any manner with a cause to be dealt with by him.

No member of his family, who is a member of the Bar, shall share the same residence with him or use any other facilities provided to judge for professional work. A Judge shall avoid hearing and deciding a matter in which a member of his family, a close relation or a friend is concerned. A Judge shall be extra vigilant while entering into public debate or expressing his views in public on political matters or on matters that are pending or are likely to arise for judicial determination. He must avoid situations where he has to give interviews to the media. A Judge shall not accept gifts or hospitality from anyone other than his family, close relations and friends. A Judge should not engage directly or indirectly in trade or business (Publication of a legal or any activity in the nature of a hobby shall not be construed as trade or business).

A Judge must not engage himself in contributions or raising of any fund for any purpose. A Judge should not seek any extra financial benefit in the form of a privilege because of his office unless it is clearly available. Any doubt arising in this context must be resolved and clarified through the Chief Justice. Every Judge must always keep this thing in mind that they are always subjected to the public gaze owning to this fact they must act or omit in a manner that does not result in depreciating the reputation attached to the occupation. The Preamble of the Bangalore Principles of Judicial Conduct, 2002, laid down the principles that are intended to establish standards for the ethical conduct of judges. These guidelines put forward guidance to judges and regulate judicial conduct. The main aim of the principles is to assist members of the other two organs of the government along with the general public to support the judicial system in India.

Media Trials

Social media has become a platform that does not circulate facts but rather matters that can help them gain TRP. Protracted debates and discussions are held that are merely based on speculation, which hurts the rights of witnesses and the accused. The Freedom of speech and expression that is provided under the Article 19(1)(a) has been misused again and again. The criminal jurisprudence followed in India is based on the theory that any accused cannot be held guilty until his guilt is not proven in a court of law. Social media circulates views that may or may not be true about both the victims and the accused.  

The media does not consider the principle that governs trials in India which is “Guilty beyond reasonable doubt” and “Innocent until proven guilty”. It puts a burden on the trial courts which have the duty to minimize the effects of prejudicial publicity. Continuous remarks from such social media platforms can force judges to take decisions in the favour of the media rather than what is actually demanded in the case. Recently we saw in the Nupur Sharma case the bench comprising Justice Surya Kant and Justice Pardiwala during the hearing of the writ petition being filed made oral remarks which led to many personal attacks on the judges. Sometimes the general public fails to understand the questions asked in the courtroom are conscientiously for fulfilling the requirements of the law. Media can only circulate the words of the judges without knowing the contexts for the same which impacts the private lives of the judges.

Impact of social media

Judges are also normal citizens of the country and like any other citizen of a country they are also free to use social media but they must bear in mind that their active participation requires careful consideration. Judges must comply with the legal and ethical ramifications keeping in mind the nature of their profession. Positive aspect of social media is that it brings closeness, and openness in the society but at the same time any posts of judges are subjected to misrepresentation or misinterpretation of the content posted by them, or even led to cyberbullying and threats to privacy and safety. In 2011, the International Bar Association Legal Policy & Research Unit (IBA LPRU), conducted a global survey to consider the impact of Online Social Networking (OSN) on the legal profession.  

The survey conducted to measure the impact of OSN on the legal profession revealed that judge use of social media raised specific concerns, 40% responded that judges’ use of OSN negatively affected public confidence in the justice system and undermined judicial independence. People have access to the words said by judges by most of them lack the knowledge of the law and they fail to interpret the actual meaning behind the rationale given by judges. Support for judicial use of social media is made apparent by Union Law Minister Ravi Shankar Prasad.

He supports the idea of social media platforms involving in spreading of thoughts, views and knowledge. Judges must be given complete independence to give judgment as to what they decide keeping in mind the rule of law. Media -trials have become commonplace in India. Before a case is decided in a court of law people already have passed their judgment about the matter about which they have no idea. Judges must keep in mind how they are portraying themselves on social media. They must not give any comments regarding the case they are hearing in court. In 2014, IBA’s Legal Policy and Research Unit (LPRU) published its International Principles on Social Media Conduct for the Legal Profession. Pros and cons of the use of social media and guidance regarding judicial conduct and ethics are given in this research.

There is a need to regulate the disclosure of judicial proceedings because those who do not have the knowledge of law forget the fact that law has no space for sentiments. Judgments are passed keeping in mind all the legal aspects and there are meager chances that the judgment can be biased. Criticizing any judgment on legal grounds is acceptable in a democracy but criticizing judges and giving them personal remarks accounts for defamation. Maintaining their oath of allegiance to the Constitution of India, and sustaining the dignity of the office they hold, Judges have to turn deaf to any criticism. In the Global Programme for the Implementation of the Doha Declaration, it was discussed that in order to bridge the gap between a fair comments on any judgment and personal comments on judges there is a need for education, training and recommendations on how social media can affect its users.


Judiciary is a body responsible for adjudicating law. It has the power that provides justice to the victims. For the proper functioning of the judiciary, it is important that it does not have an undue influence on anyone. Its proper functioning is important to maintain harmony in society. Judges are social workers and any judgment passed by them is based on as per the rule established in law and with due deliberations. Their judgments must not be made a tool to attack them personally, as it is against the justice system.


  1. www.investopedia.com › terms › s “Social Media: Definition, Effects, and List of Top Apps” -…Accessed on 13 September, 2022
  2. Data Reportal. “Global Social Media Stats October 2021”Accessed on 13 September, 2022
  3. www.royal.uk › act-settlement-0The Act of Settlement | The Royal Family
  4. www.barandbench.com › columns › social-media-and-the Social Media and the Judiciary – Bar and Bench

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


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.


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. 


  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.


Worshippers can unleash a temple’s full potential by liberating it. Temples can be elegantly and superbly maintained if they are left in the care of the worshipers. There are many different ways and modules that a temple can run. The gurudwaras provide the community with free meals in the form of langars, which helps many people by feeding the hungry. In a similar way, a budget and a plot of land should be allocated to temples so that they can focus the majority of their resources there. They would be able to perform a vast array of extra activities, such as helping during the current epidemic stage and during natural disasters like earthquakes and tidal waves. They are then able to respond to disasters more quickly and efficiently than the government because of their strong relationships with the community. The government cannot do this since funding is channeled through the system. Temples are not just places of worship; they also contain art, history, and culture. Particularly in the state of Tamil Nadu, the temple tower serves as the state emblem. Since the temple is the centre of India, there are several “temple towns” there.

Because of their close ties to the community, they are able to respond to crises more swiftly and effectively than the government. Due to the system’s financial flow, the government is unable to accomplish this. Temples are not just places of prayer; they also house works of art and cultural artefacts. The temple tower is used as the state emblem, especially in Tamil Nadu. There are numerous “temple towns” there since the temple served as India’s administrative centre.


During a conference conducted in Delhi a few years ago, more than a dozen lawyers, campaigners, and other leaders of civil society expressed concern regarding the “illegal” government ownership of Hindu temples. As stated by Swami Paramatmanandaji, the secretary of HDAS, HDAS has petitioned the Supreme Court to challenge the constitutionality of certain State Acts that govern temples. The symposium was organized by HDAS. A Supreme Court attorney named Pinky Anand argued that the law’s clauses authorizing the government to occupy temples were invalid and unenforceable.

The leader of the Temple Worshippers Society claims that the government has seized control of hundreds of temples that have assets worth millions of dollars. The Tamil Nadu Hindu Religious and Charitable Endowment Act, which was passed in 1959, reinstated the same provisions that the Supreme Court had declared “illegal” in the Madras Hindu Religious and Charitable Endowment Act 1951, which dealt with the appointment of executive officers in temples, he claimed. Several speakers emphasised the need for equality between Hindus and minorities while using Hindu victimisation and “discrimination” by the Indian government, court, and other state institutions as a bogey.

Former Chief Justice of the Punjab and Haryana High Court, Rama Jois said an 11-judge Supreme Court bench decided that minorities did not receive any special benefits under Article 30 of the Constitution. There is no need for a “right,” only a “protection.” “No organization or person should be given an advantage.” Hindus needed to employ other methods of agitation and building pressure since, in the opinion of Vishnu Sadashiv Kokje, the issue of governmental authority over temples could not be settled in court. K.N. Bhat, a Supreme Court lawyer who represented Lord Ram in the Ram Janmabhoomi case, cautioned that judicial remedies were fraught with uncertainty.


Religious institutions and places of worship in our nation have contributed significantly to the social and cultural fabric of our nation for millennia. According to data from the 2011 Census, there are roughly 30,00,000 places of worship in the United States as an example (Kishore, 2016). Hindu temples likely make up the majority of these, even though we don’t know their exact number. India has had government authority over temples ever since British rule, a position that was further cemented after independence by a number of state-level laws. All temples under their jurisdiction are currently governed by state endowment organizations. Given their poor performance throughout time in several areas, many have questioned whether it is a good idea to have temples controlled by the government. The demand is for the government to relinquish control over the temples. Court cases have recently been argued, and a private member’s bill has recently been introduced in parliament. In view of the Covid-19 pandemic debate, Hindu religious trusts should enjoy the same freedom from governmental oversight as Muslim and Christian religious trusts do. State governments in India oversee more than 4 lakh temples, but there is no corresponding control over Muslim and Christian religious institutions. The “Hindu Religious and Charitable Endowments (HRCE) Act 1951,” which enables state governments to seize and control temples and their properties, is being called for modification.

More than 15 State governments oversee purely Hindu religious establishments, mainly temples, from the selection of temple administrators to the collection of service fees ranging from 13 to 18 per cent. The neighbourhood won’t be able to protect its own best interests as a result. They argue that this is unfair as only the Hindu community is targeted for such discrimination. In this scenario, secularism is violated. Additionally, as stated in the constitution, religious organizations in India cannot be administered by the government.

It is asserted that the British acquired control of the temple’s treasures after the Mughals. By enforcing the HRCE Act in 1951, the Jawaharlal Nehru administration continued its strategy of overseeing temples after India gained independence. This type of supervision is not present in mosques or churches. We also demand that all types of control be removed from temples. Famous Supreme Court attorney J. Sai Deepak urged the government to amend the Act, which he felt was the root of the issue. Tradition holds that the “Raja” (king) has no right to the wealth of the temple. It’s interesting to note that the Supreme Court has mandated in at least three landmark rulings that state governments hand up control of religious organizations to the people. This has not, however, been the case up until this point. Two petitions on this matter are currently being considered by the Supreme Court.

The former chief minister of Maharashtra and well-known Congress leader Prithviraj Chavan recently caused controversy by urging the government to seize all the gold owned by national religious trusts, which he estimated to be worth at least $1 trillion. He claims that gold bonds can be used to borrow gold at low-interest rates. “All religious trusts” is a general word that includes gurudwaras (Sikh) and temples (Hindu and Jains), both of which only accept gold as donations.

The Indian Constitution forbids discrimination based on religion, claims Vinod Bansal, the VHP’s national spokesperson. “However, there remains discrimination when it comes to the management of religious trusts.” I think it’s important to correct the errors that the British and the Nehru administration made in the past. He believed that Hindu religious trusts should be treated equally to Muslim and Christian religious trusts. The “Trust is a legal body,” hence it has reasonable or acceptable legal ramifications as well. A god’s offerings of gold and other materials are cherished as holy items. Since no one has the legal right to give it up in any situation, the gold monetization programme is also a hoax. Any plan to remove religious sites is forbidden by Articles 25 and 26 of the Indian Constitution. The Constitution, however, clearly says that nobody has the power to interfere with religious autonomy.

The evolution of the Gold Monetization Schemes was significantly influenced by state control of temples. State governments force temples to sell their gold even when they don’t want to. This issue is caused by state control over temples, which is illegal and discriminatory. Any plan that does not return the capital in gold causes a loss to the community. According to the reports, local governments are in charge of the majority of the temples in South India. The state government of Andhra Pradesh now controls about 34,000 temples. Just 7% of the Rs. 3,500 crore in contributions to the Tirupati Balaji temple were utilized to maintain the shrine. There have been several artefacts found for sale in the UK. As a secular nation, India should treat Hindu temples similarly to mosques and churches, according to one Indian official. From 1840, the British Government started to give up authority over the temples. The most well-known mutts in Tamil Nadu were chosen to represent some of the state’s most renowned temples and shrines.


For the purpose of governing Indian democracy, there is a written constitution. Hindus make up the large bulk of the population in this area. Hinduism, one of the oldest religions in the world, is practised in India. Hinduism features a number of sub-castes, each of which has a unique colour and shape. In terms of caste and sub-caste, there are variances from state to state or area to region. There are also significant differences in how things are done. When Hinduism is at its best, it can be seen as an example of harmony among differences. It is based on ancient texts like the Vedas, Upanishads, Geetha, and others. Many people see Hinduism as a way of life. Hinduism, for instance, permits the worship of inanimate objects such as Ashwathavriksha, Nagadevatas, the earth, and the sea. These are but a few examples.


From 1840, the British Government started to give up authority over the temples. The most well-known mutts in Tamil Nadu were chosen to represent some of the state’s most renowned temples and shrines. When the Mutts assumed control of these temples, they made sure to obtain written assurances, or “Muchalikas,” from the British Government that the temples would never be returned to the Mutts as had been promised.

As a result, the Mutts obtained complete control over and ownership of a number of important temples, which they successfully managed. The Heads of Mutts and officers never lost sight of the fundamental justifications for worship or the usage of funds meant for ritualistic practice and temple upkeep. Hundreds of additional temples in the former Madras Presidency were left up to their various trustees, even though the Mutts managed a handful of them successfully. The previous Government had little to no duty in overseeing them.

The Madras Hindu Religious Endowments Act, of 1923 was a piece of legislation intended to enhance the management and administration of specific religious endowments (Act I of 1925). According to the Act, there are two different sorts of temples: excepted temples and non-excepted temples. The law was challenged as soon as it took effect on the grounds that it had not been legitimately passed. As a result, the assembly passed the Madras Hindu Religious Endowments Act, of 1926 (Act II of 1927, abolishing Act I of 1925).

There have been several changes made to this statute. There is no need to provide the most recent modifications. Let’s just say that there were ten revisions to the Act by the year 1946: Act I in 1928 (Act V in 1929), Act V in 1929 (Act IV in 1930), and so on. Act XII of 1935, on the other hand, brought about a significant change. The Government did not like the Board’s current powers, so they introduced Ch. VI-A, which allowed the Board the freedom to notify a temple for whatever reason it saw fit. As a result, the Board had established its authority to capture and manage temples before India gained its freedom. The Government’s vile behaviour only affected Hindu institutions.

It is important to note that the Board started the notification process for the Chidambaram Shri Sabhanayagar Temple in 1950 despite orders from the Madras Government to stop the notification process in 1947 and an order from the Hon’ble Madras High Court in 1939 prohibiting the Board from starting the notification process on petty grounds. India became a Republic on January 26, 1950, when it was freed from British rule, and its Constitution gave Indians certain basic rights. Parts of religious denominations gained unique religious and legal privileges. The Board also made an attempt to acquire control of three more temples, all of which are run by Gowd Saraswath Brahmin sects: Guruvayurappan, Udupi, and Mulkipetta’s Shri Venkataramana.

Each of them challenged the authority of the HRCE Board over the aforementioned religious entities. In the meanwhile, a new Hindu religious law known as the Hindu Religious and Charitable Endowments Act, 1951, was passed by the Madras government. Since the Constitution upholds the right of individuals to practice their religion freely, it may seem strange that the government participates in religious organizations through the Statutory Boards. Temples are not mentioned in the Vedic Collection of Hymns and Prayers. In the region where the fire was ignited, it was claimed that sacrifices were made. In the later Brahmana period, temples for the gods were constructed. Due to a growing desire to acquire religious virtue, endowments like land were created for religious purposes at a later age. As a result, Hindu temples are created, funded, and preserved for the benefit of the larger Hindu population. A law was made to better manage, protect, and maintain temples and the endowed properties that are connected to them in order to accomplish goals while adhering to reasonable restrictions that do not restrict religious freedom as guaranteed by the constitution.


From the information provided above, it is evident that India must be free from government control or, at the very least, give believers the chance to manage religious institutions and carry out activities that they desire and are advantageous to the general public; the government should also support this effort as it will reveal which individuals are most qualified to oversee religious institutions. It’s also likely that followers abuse their power as it’s common in India to make money off the names of holy places and many well-known people visit India to take part in this corruption. But the government must at least give the devotees something. Hinduism is one of India’s oldest religions, having existed for countless years. Unless they are directly at odds with the Indian Constitution, these beliefs, rituals, and traditions should be preserved because they have existed for thousands of years. Therefore, even while Article 25 protects the right to practise one’s religion, any religious institution’s poor management and financial irregularities must be dealt with firmly for the sake of maintaining temple discipline. The state must strike a fine balance between upholding temple worshipers and temple administration in accordance with the Indian Constitution. Because the statute is deemed to be discriminatory in this instance, it must be ruled unconstitutional on its whole rather than being partially severed.

The Government should establish a commission for temple affairs that includes all non-Hindu religious leaders, matadipathis, religious experts, social reformers, and other experts in accordance with the Supreme Court’s decision in the case of The Commissioner, Hindu v. Sri Lakshmindra Thirtha Swamiar, and then pass a uniform law in accordance with that decision. Depending on their religious convictions and the fundamental principles of our constitution, the government may also take different regulatory approaches for temples, math, Jain communities, etc.

The legislature, which finally decides whether or not to adopt religious reformative legislation, is in charge of establishing a consistent legal framework for Hindu sects. In accordance with the Constitution, we would defer to the legislature’s decision. Even though it’s crucial to note, we believe it’s proper for the government to outlaw any immoral or corrupt practices in Hindu organizations, if any are there at all. This would be a significant improvement for Hindu temple reform. It was necessary to enact the Hindu Religious & Charitable Endowment Act in order to better manage, safeguard, and preserve India’s temples and their endowed properties as well as to carry out its stated purposes within constraints that do not interfere with the right to practice one’s religion guaranteed by the Indian Constitution.


  1. Need for Government Control over Religious and Charitable Endowment.- Sunder Singh Yadav, Assistant Professor, Government P.G. Law College, Alwar, Rajasthan. In Journal of Advances and Scholarly Researches in Allied Education | Multidisciplinary Academic Research.
  2. Ronojoy Sen (2007). Legalizing Religion: The Indian Supreme Court and Secularism, East-West centre Washington.
  3. The National Foundation for Communal Harmony, Secularism and the Law, New Delhi, 2010.
  4. B.R. Haran, HR & CE Act: A Fraud on the Constitution, bharatabharati.wordpress.com.
  5. T.R. Ramesh, HR & CE Act
  6. The Object of the HR & CE Act, www.malabardevaswom.kerala.gov.in.

This article is written by Bhagyashri Neware, doing LLM(2021- 2022) from Maharashtra National Law University, Aurangabad.


A prostitute is a person who engages in sexual activity with customers in exchange for financial gain. Different countries and even different parts of the same country have different views on prostitution, which can range from being illegal to be legalized and even regulated in some cases. The rules apply the same to business as they do to sexual entertainment. The changing legal and social climate surrounding prostitution has led to a wide range of conclusions across the globe. Prostitution has been viewed very differently by different people. Some see it as a form of cruelty or barbarism towards women and children that contributes to the emerging crime of human trafficking, while others have a very different view. India is home to the second-oldest prostitute industry in the world (after farming). Records from the past attest to its existence.

Whether or not sex workers have any rights and are instead treated as sexual objects is an open question. India has failed to adequately defend the rights of sex workers, despite being a member of various international accords on human rights, including women’s rights, and despite the Indian Constitution guaranteeing people’s rights against discrimination. In light of this, the article will discuss the human rights of sex workers in India and whether or not the Indian legal system recognizes these workers’ rights. Our discussion will also include an examination of the differences and similarities between the prostitution laws of various nations.

Budhadev Karmaskar v State of West Bengal & Others

Budhadev Karmaskar was charged with the heinous murder of a prostitute who refused to engage in sexual activity with him. In 2004, Calcutta High Court ruled that the appellant was guilty of murder, bringing an end to the proceedings. With the proclamation of the judgment of conviction, the appellant filed an appeal with the Supreme Court against the punishment imposed on him. In 2010, Criminal Appeal No. 135 was dismissed due to the Supreme Court’s affirmation of the Calcutta High Court’s ruling and the Supreme Court’s Suo Motto action of converting the appeal into Public Interest Litigation.

Case Facts

In 1999, the appellant Budhadev Karmaskar severely beat the head of a diseased sex worker in Calcutta’s red-light district when she refused to have a sexual encounter with him. In order to protect her sanity and dignity, the decedent’s head was repeatedly struck against the floor of a room, which resulted in her brutal death. Due to this act, the appellant was found guilty of the heinous crime of murdering a sex worker on charges of assault leading to death. Both the High Court and the Supreme Court upheld the conviction on the basis that sex workers should not be looked down upon, but should be able to engage in prostitution with dignity and free will, and not through coercion or deception.

The Supreme Court has also taken corrective measures to reinstate the current prostitutes who were forced to engage in prostitution against their will by constituting a panel led by Senior Advocate Mr. Pradip Ghosh, with 4 other panel members and other staff members assisting them. For this, the panel has proposed that the Central Government, the State Government, and the Union Territories each contribute Rs. 10,000,000/-, subject to approval by the Supreme Court, in order to teach vocational and technical skills to sex workers so that they can earn a living and be rehabilitated into society with dignity.


  1. How should Article 21’s reach and its definition of “life” be applied to guarantee that sex worker and their progeny have access to the right to live with dignity?
  2. To choose a location for the panel’s accommodations.
  3. How can sex workers be rehired, saved, and rehabbed into a safer setting?

Justice Markandey Katju and Gyan Sudha Mishra, who made up the judicial bench, made their decisions on the issues raised in this order.

The institution of SC validates the sex labour industry

Sexual servitude is not illegal in India. Sexual service workers should be treated with respect and given the same legal protections as everyone else. This is what a three-judge bench of the Supreme Court (SC) ruled here. It is a historic ruling. It’s a huge relief for the sexual service providers who endure extreme exploitation

Paid sex work is not illegal in India

The Supreme Court of India has ruled that sexual labour is not among the activities that are prohibited by Indian law. Operating a brothel, soliciting in a public place, benefiting financially from the labour of a sex worker, and keeping or frequently associating with a sex worker are all illegal under the Immoral Traffic (Prevention) Act or ITPA. As has been widely reported in the media, the SC does not consider sex work to be a legitimate occupation. What the Supreme Court of India is saying is that everyone, regardless of occupation, has a right to live a dignified life under the Indian Constitution and that this constitutional protection must be taken into account by authorities as they enforce immoral traffic prevention laws.

What it proposes is that people should not verbally or physically abuse sex workers or coerce them into performing sexual acts, even though they are widely reviled and stigmatized by society. The Supreme Court rules that people who work in the sex industry should be treated with respect. The court ordered that law enforcement officers refrain from interfering with or prosecuting sex workers who are adults and who have given their informed consent. Article 21 of the Constitution guarantees every citizen the right to a life worthy of his or her profession.

The law should treat sex workers the same as any other profession. A uniform application of criminal law is required, regardless of age or level of consent. Since sex work is not yet illegal in India, the police should not interfere or take any criminal action against the worker if they are an adult and have given their informed consent.

The Supreme Court’s 2011 decision stands

The Supreme Court reaffirmed its ruling from Budhadev Karmaskar (2011), which held that sex workers have the same basic human rights as anyone else. In 2011, SC convened a panel to investigate how best to protect sex workers from exploitation, help those who have been trafficked recover, and create a supportive environment for those who want to keep working in the sex industry.

The government has published a bill titled “The Trafficking in Persons (Prevention, Care and Rehabilitation) Bill” in 2016, 2918, and 2021, but has taken no further action on it despite having reservations about four of the panel’s ten recommendations. So, until new legislation is introduced on the subject, the court issued an order mandating the immediate implementation of the six recommendations with which the central government has no objections.

Rights of Sex Workers

  1. The law should treat sex workers the same as any other worker. Both the age of majority and the presence of informed consent must be treated equally under the law. The police have no right to intervene or undertake any kind of illegal activity if it is obvious that the sex worker is an adult and is giving informed consent.
  2. Many people fear that police have a biased attitude toward sex workers. When a sex worker reports a crime, sexual assault, or other violation, the police must investigate the allegation thoroughly and take appropriate action.
  3. According to “Guidelines and Protocols: Medico-legal care for survivor/victims of sexual violence,” Ministry of Health and Family Welfare, and Section 357C of the Code of Criminal Procedure, 1973, any sex worker who is a victim of sexual assault should be provided with all facilities available to a survivor of sexual assault, including immediate medical assistance (March 2014).
  4. Since voluntary sex work is not illegal and only the operation of a brothel is illegal, sex workers should not be arrested during a brothel raid.
  5. State governments may be asked to survey all ITPA Protective Homes, with the goal of expediting the review and release of cases involving women held against their will as adults.
  6. It’s been reported that law enforcement’s treatment of sex workers is frequently violent and hostile. As if they belong to some unrecognized group whose rights are ignored. All sex workers have the same constitutionally protected rights as any other citizen, and the police and other law enforcement agencies should be trained to respect those rights. The police should not verbally or physically abuse sex workers, force them to engage in sexual activity, or subject them to any form of violence.
  7. The Press Council of India should be urged to issue guidelines urging the media to exercise extreme caution when reporting on sex workers’ identities in the wake of the arrest, raid, and rescue operations, whether the workers are victims or suspects, and when publishing or airing photographs that could reveal their identities. In addition, the media should be punished for broadcasting photos of sex workers with their clients under the guise of documenting a rescue operation in violation of the recently enacted Section 354C, IPC, which makes voyeurism a criminal offence.
  8. Precautions taken by sex workers to ensure their own safety on the job (such as the use of condoms, etc.) must not be considered illegal or evidence of criminal behavior.
  9. When making decisions about sex work, the federal and state governments should consult with sex workers and/or their representatives. This includes the creation of new policies and programs for sex workers as well as the revision or overhaul of existing legislation. They can be consulted before any decision that could affect them is made, or they can be given a voice on the decision-making panel.
  10. Workshops should be held by the Central Government and the State Governments through the National Legal Services Authority, State Legal Services Authority, and District Legal Services Authority in order to educate sex workers about their rights regarding the legality of sex work, the rights and obligations of the police, and what is permitted/prohibited under the law. Sexual service providers should be made aware of their legal rights and how to exercise them to protect themselves from exploitation by traffickers and police.
  11. No child of a sex worker should be separated from the mother on the sole basis that she is in the sex trade, as was already recommended in the 6th interim Report dated 22.03.2012. Furthermore, it should not be assumed that a minor who is living in a brothel or with sex workers has been trafficked.
  12. If the sex worker claims the minor is her son or daughter, the child should not be forcibly separated from the sex worker pending the results of DNA testing. Mr. Jayant Sud, the learned ASG, has presented evidence that the Government of India has some reservations about the panel’s recommendations (with the exception of paragraphs 2, 4, 5, 6, 7, and 9). In addition to implementing the panel’s recommendations as mentioned above, the competent authorities under the Immoral Traffic (Prevention) Act, 1956 are directed to comply with the provisions of the Act. This includes acting in strict compliance with the recommendations made in paragraphs 2, 4, 5, 6, 7, and 9.
  13. Article 21 of the Indian Constitution guarantees every citizen the right to a dignified life, regardless of one’s occupation. Authorities tasked with enforcing the Immoral Traffic (Prevention) Act,1956 must do so with respect for the constitutional rights guaranteed to every citizen. After the summer break, we’ll get to work on the rest of the panel’s suggestions.


It is time to realize that getting rid of people who work in prostitution and outlawing prostitution practices won’t end the plight of people who work in prostitution; instead, it will only make their conditions worse because they will be forced to work in secret and will be mistreated in all situations because the act of prostitution won’t be recognized by the law. Since the act of prostitution won’t be recognized by the law, there is no legal status that will facilitate benefiting from and correcting the wrongs, in conclusion, the rehiring of people who have been exploited in the sex industry, whether they are prostitutes, sex workers, or victims of the sex trade, is a matter of right and not of sympathy or privilege.

This article is written by Uddeshya Tiwari, 3rd Year LLB student from Bharati Vidyapeeth University (New law College), Pune.


India is one of the top producers of valuable minerals like chromite, iron ore, coal, and bauxite on a global scale. In the quarter from 2019 to 2020, mining contributed 2% to the nation’s gross value added (GVA). This industry supplies the fundamental raw materials used by the majority of the nation’s infrastructure and manufacturing sectors. In India, the mining industry is heavily regulated, and in the last five years, the legal system has undergone significant modifications that have made the system more effective and transparent.

The Legal System

According to the Seventh Schedule of the Indian Constitution, the central government and the individual State governments are each assigned a portion of the regulatory authority over the country’s mines and minerals industry, which is governed under a federal system. For the governance of the mining industry in India, both the federal government and the state governments are accountable.

To the extent that such control is deemed by the Parliament to be in the public interest, the central government has the authority to regulate mines and mineral development under entry 54 of the Union List. Under entry 23 of the State List, the State government has the authority to control mines and mineral development in conformity with the authority of the Central Government.

The primary law controlling the mineral sector in India (aside from petroleum and natural gas) was created by the central government in 1957 and is known as the Mines & Minerals (Development and Regulation) Act (MMDR Act). The MMDR Act establishes the legal framework for the development of all minerals and the control of mines. Minor minerals and significant minerals are the two categories of minerals. Building stones, common clay, common sand, gravel, and other minerals designated as minor minerals by the federal government are included in the category of minor minerals. Major minerals include coal, manganese ore, iron ore, other minerals utilized in industry, and minerals that cannot be classified as minor minerals.

Significant reforms were made to ensure a transparent and non-discretionary environment for the grant of mineral concessions with the introduction of the Mines and Minerals (Development and Regulation) Amendment Act 2015. The Act was changed further, mining leases that are issued in other ways than through auction and are utilized for captive consumption were able to be transferred as of the 2016 amendment. In order to maintain mining operations, the 2020 Amendment permitted the transfer of licenses, approvals, and clearances (including environmental and forestry clearances) from the previous licensee to the new licensee for a two-year term following the issuance of the new lease.

Regulatory bodies

  • State governments: In accordance with the MMDR Act’s requirements, each State government has the authority to grant mineral concessions and to levy royalties, dead rent, and taxes on behalf of its residents.
  • Mines Ministry (MoM): It is a division of the Indian government and serves as the main administrative body for the mining industry. It is responsible for the MMDR Act’s administration, the exploration and mining of all minerals (apart from coal, natural gas, and petroleum), and the metallurgy and mining of non-ferrous metals.
  • The mission of the Indian Bureau of Mines (IBM), a division of the Ministry of Mines, is to advance the methodical and scientific use of India’s natural resources while maintaining environmental protection.
  • The Ministry of Coal (MoC) is in charge of overseeing coal exploration in India and is responsible for carrying out the activities in a sustainable manner. Additionally, it seeks to build the infrastructure needed for reliable coal supplies to satisfy the demands of other industries.
  • The Petroleum and Natural Gas Regulatory Board Act of 2006 created the Ministry of Petroleum and Natural Gas (MoPN) to oversee the exploration and utilization of petroleum resources, including natural gas. Additionally, it plans, guarantees the growth and control of, and supports all industries connected to the MoPN.

Changes proposed

In August 2020, the MoM released a notice outlining a few changes that will be made to the MMDR Act. The “Atmanirbhar Bharat” initiative, which aims to increase private investment, create jobs, and introduce cutting-edge technology into the mining sector, is the entire strategy that underpins the proposed shift. By allowing the private sector to engage in exploratory activities in addition to the general exploration and survey work carried out by government agencies, it seeks to increase exploration activity.

The suggested changes consist of:

  • To increase the number of mineral blocks up for auction, a seamless exploration, mining, and production system will be implemented.
  • By overcoming old problems, to transition to an auction-only system for allocating mineral resources.
  • To eliminate the disparity between captive and non-captive mines, sell excess or unused minerals, and transfer mining leases with permission to improve mining and production efficiency.
  • For various minerals, a clear national mineral index will be created.
  • The regulations should be streamlined to calculate stamp duty on mining leases.


The Government has taken a stride toward achieving mineral security in India with the reforms. The former 1957 Act’s restrictive practices were repealed by the new legal system, which also addressed other mining-related concerns such as auctions, the transfer of statutory clearances, the operation of District Mineral Foundation (DMF) Trusts, etc. The change is made to generate jobs, raise the mining industry’s GDP contribution, and lure both domestic and foreign investment. However, it will be interesting to see how the new legal system will do under judicial scrutiny and time.

However, without efficient application of regulations, the current revisions in mining regulations are insufficient. India’s government is required by international law to defend its citizens’ human rights against violations by mining companies and other businesses. There are laws in India that are intended to accomplish this, but some of them are so shoddily constructed that it seems as though they were created to fail. Others have lost their effectiveness because of poor implementation, enforcement, or corruption on the part of elected authorities or government employees. As a result, significant government watchdogs watch as out-of-control mining operations jeopardize the landscapes, livelihoods, and health of entire people.

In other instances, public institutions have also been defrauded of substantial sums of money that may have gone toward bolstering governments’ shoddy delivery of vital services like health and education. Experience has taught us that without strong government control, not all businesses in India and around the world will act ethically. Despite their best efforts, some businesses will fail if there is insufficient government regulation. Therefore, proper execution of the regulation is necessary with the introduction of new regulations and changes to current regulations.


  1. Aqa Raza, Mukesh Dwivedi, Regulatory Framework of Minerals and Mining Industry in India in Relation to Environmental Concerns: A Critical Analysis, July 9, 2019, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3415706.
  2. TLCJ, September 24, 2021, https://journal.thelawcommunicants.com/indian-mining-regulatory-regime/.

This article is written by Kanika Arora from Delhi Metropolitan Education (Affiliated to GGSIPU).