Tuesday, August 11, 2020

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‘Make in India’ or Suffer A Compulsory License: An Illegal Deterrent?

Compulsory Licensing is a mechanism through which the State can force a patent-holder to grant a license for exploitation to a firm subject to certain conditions set by law. Article 31 of the Agreement on the TRIPs Agreement prescribes minimum conditions that must be incorporated by the Member States in their respective compulsory licensing legislations [...]

Experiences with Pluralist Stakeholder Model in India: For Whom Should a Company be Run?

This article seeks to trace the emergence and operation of a stakeholder model of corporate governance in India, that is sourced in directors’ fiduciary duties, Corporate Social Responsibility [‘CSR’], and the agency of Independent Directors [‘IDs’]

Reconciling Reproductive Autonomy with the Public Interest Obligation of the State: A Look at the Prospect of a Two-Child Policy in India

On March 14th, 2020, Dr. A.M Singhvi sought to introduce the Population Control Bill, 2020 in the Rajya Sabha. However, this is not the first time when a National Population Policy has been proposed for the Indian demographic setup[..]

Controlling India’s Population Explosion: The Constitutional Question

Last year, in his address to the nation on Independence Day, the Prime Minister expressed concern over the prospect of a ‘population explosion’ in India, and went as far as to say that keeping small families was patriotic. There has since been a renewed[..]

For the Love of Food: The Role of Competition Law in the Indian Food Sector

Hundreds of millions of Indians continue to have poor nutritional health despite the country being self-sufficient in a number of food crops. I argue that the shortcomings of the Indian food sector stem from limited ‘accessibility’ to food[..]

The Diluted Role of States in Teacher Education: An Analysis of the Conflicting Jurisprudence

A decision of the Delhi High Court in Laxmi College of Education v. National Council for Teacher Education, has once again opened a pandora’s box with respect to the litigation surrounding regulation of teacher education institutions in the country.

Need for a Separate Insolvency Regime for Banks in view of the Yes Bank Debacle in India

The fiasco of financial service providers [“FSPs”], in particular, Infrastructure Leasing and Financial Services and Dewan Housing Finance Ltd., acted as a trigger for the government to bring these companies under the insolvency regime.

Article 17: Expanding Frontiers? (Part I)

In Justice K.S. Puttuswamy (Retd.) v. Union of India and Ors., the oft-stated line that the Constitution ‘lives’ for its people was stressed upon (paragraph 31). The usage of the word ‘lives’ indicates that the reconceptualization of constitutional ideals in light of the ethos of each time period is the Constitutional function – essentially, it is a living and breathing document.

A Few Steps More: Supreme Court of India Further Evolves Its Jurisprudence on the Enforcement of Foreign Awards

The Arbitration and Conciliation Act, 1996 (the ‘A&C Act’) places responsibility for enforcement of foreign awards on High Courts.[1] If a High Court decides to enforce a foreign award, then such decision is not subject to appeal,[..]

Analysis of Governor’s Powers under Paragraph 5(1), Schedule V of the Indian Constitution

Schedule V and VI read with Article 244 of the Indian Constitution contain provisions for control and administration of Scheduled Tribes and Scheduled Areas. Paragraph 5(1) of Schedule V gives power to the Governor to apply with modification[..]

Article 17: Expanding Frontiers? (Part II)

Notwithstanding the many feminist struggles that have embellished Indian history, many precepts of personal law in India are defined in terms of male prestige and preserving the status quo in tradition, which is a masculine construct in several ways.[1] Since male preferences govern institutional structures/working and constitutional interpretations, gender neutrality is a far cry.

TRF Ltd. & Perkins: Limiting ‘Freedom of Contract’ and the Choking of Party Autonomy

In 2017, a three-judge bench of the Supreme Court of India in TRF Limited v. Energo Engineering Projects Limited (“TRF”) had the occasion to interpret the much-lauded Arbitration and Conciliation (Amendment) Act, 2015, incorporating the IBA Guidelines on Conflict of Interest into Schedule V and Schedule VII of the Arbitration and Conciliation Act, 1996 (“Act”)