Saturday, July 24, 2021

Latest Online

The Silent Conquest — Coastal Governance in the Blue Economy

In NLSIRO’s latest piece, Stella James and Nayana Udayashankar argue that fishworkers have been systematically excluded from rightful access to, and governance of commons, on the justification of economic development. They look at this issue of loss of access in reference to the tourism industry. The piece briefly looks at the historical governance of coastal commons and traces the changes to the governance systems that accompanied the Coastal Regulation Zone notifications. It concludes that laws and policies have been framed to support massive industrialization of the Indian coast, while violating fundamental rights.

Reviewing the New Drugs and Clinical Trials Rules, 2019: Lessons from the COVID-19 Pandemic

Almost as if it was foreshadowing the COVID-19 pandemic, the New Drugs and Clinical Trial Rules, 2019 (‘NDCTR’/ ‘Rules’) brought about significant developments by consolidating and streamlining the framework for regulating clinical trials and approvals thereof. However, the circumstances in the recent past have raised questions as to whether these new Rules, in their attempt to promote robust clinical research in India, have compromised on the safety and efficacy of trials, making them more sponsor-friendly. This piece explores such issues in the context of striking the right balance between the two.

A Critical Reappraisal of Bonus Laws in India

The article first highlights the concerns with bonus distribution in India which is constrained heavily due to the determination of bonus payments being based on profits generated by the businesses. The article then proceeds to explore the problems with the set-off and set-on rule prescribed in Section 36 of the Code which carries forward the bonus payments to the succeeding year, thereby withholding the employee’s rightful payment for that year.

Concept Note – XIV NLSIR-Samvad Partners Symposium: Strategising A Healthcare Framework for India: Headways, Dilemmas, and the Way Forward

The COVID-19 pandemic exposed the gaping vulnerabilities in the country’s public healthcare system. States struggled to ramp up their healthcare facilities, hospitals were quick to run out of beds, the costs of medical facilities and drugs rose steeply, and many individuals belonging to socio- economically vulnerable communities were unable to access healthcare facilities. Apart from these structural issues, a few specific issues stood out. These very issues are the focus of the XIV NLSIR-Samvad: Partners Symposium. Through this Symposium, we hope to address some of the pressing concerns relating to India's public healthcare system and hope to reconceptualize the country's healthcare framework in a holistic manner.

Reimagining the Limits of the Co-Conspirator’s Exception to Hearsay in India

Courts have favoured a restricted interpretation of section 10 and have limited its application to things said or done during the pendency of the conspiracy. Such interpretation is based on the presumption that section 10 embodies a rule of common responsibility that is based on the theory of agency.

Calcutta and the ‘Real’ Last Jury Trial in India

In NLSIR Online’s latest piece, Professor James Jaffe sheds light on the ‘real’ last jury trial in India, which he argues came thirteen years after Commander K. M. Nanavati’s murder trial in September 1959. He states that film, television, and the print media has retained for Bombay’s Nanavati trial, a unique but unwarranted position in legal, historical, and popular lore. Professor Jaffe traces the “real” last jury trial in India to the less glamorous and more dangerous streets of Calcutta to the case of communist activists Prakash Chandra De and his brother Rabindranath, who were tried for the murder of Dipak Sarkar in 1967.

ARCs cannot be Resolution Applicants under IBC — Says Who?

The author argues that ‘ARCs can be resolution applicants within both IBC and SARFAESI frameworks, provided they act within their permitted realm of activities’. In doing so, the piece examines the merits of RBI’s objection by analysing the position of ARCs as resolution applicants under the IBC and SARFAESI framework and concludes that the public discourse is heading in the wrong direction. The question, she says, is not whether an ARC can submit a resolution plan, but what restructuring measures can be resorted to in an ARC’s resolution plan?

Anti-Conversion Laws: Lessons From Pakistan

The relatively older anti-conversion laws have broadly defined forced conversion as conversion through inducement, force, or other fraudulent means. However, the recent anti-conversion laws enacted by the States of Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, and Uttarakhand also include conversion before and after marriage under the ambit of forced conversion.

Legal Frameworks And Their Impact On Housing Affordability

This piece argues that the problem of affordable housing in major Indian cities is a function of the legal restrictions on the use of land. Regulatory restrictions inhibit the appropriate use of land for housing in metropolitan cities in India. We argue that in order to increase the affordability of housing in metropolitan cities in India, such restrictions need to be significantly liberalised through appropriate legal modifications.

A Research Agenda For The Future Of Constitutional Amendment

How should constitutional designers build the rules of constitutional amendment? Surprisingly and unfortunately, scholars have offered few answers to this all-important question. Constitutional designers are instead left with few resources to which they can turn for guidance in constructing the procedures of constitutional change. My recent book on Constitutional Amendments: Making, Breaking, and Changing Constitutions (Oxford University Press, 2019) is an effort to help.

A Roadmap for Constitutional Amendment – Reviewing Constitutional Amendments: Making, Breaking and Changing Constitutions by Richard Albert

Many countries in the modern world face constitutional changes. Sometimes these changes are related to the formation of a new political system, the transformation of a democracy, or changes in consolidated democracies. Constitutional amendments are a very complex issue, and many important circumstances need to be taken into account in their implementation. Richard Albert's book is the latest brilliant and complex study that shows countries the way in which constitutional amendments should be drafted, adopted, implemented, and under what conditions this process should be based.

Mapping Constitutional Dismemberment: Reviewing Constitutional Amendments: Making, Breaking and Changing Constitutions

By mapping out the intellectual scenery of constitutional amendment rules, Constitutional Amendments: Making, Breaking, and Changing Constitutions offers a remarkable theoretical, doctrinal, and comparative study of the most pressing questions on constitutional change.

Digital Transformation of Constitutions – Reviewing Constitutional Amendments: Making, Breaking and Changing Constitutions by Richard Albert

The book by Richard Albert on Constitutional Amendments: Making, Breaking and Changing Constitutions is an outstanding achievement, which should not come as a surprise. Albert is one of the most imaginative and prolific authors writing on constitutional change, and his new book does not disappoint. In Constitutional Amendments, Albert comprehensively examines the design of formal amendment rules, informal change, constitutional unamendability, and more.