Journal of National Law University New Delhi

Publisher:: Sage Publications, Inc.
Publication date:: 2021-09-06

ISBN:: 2277-4017

Issue Number

No. 7-1-2, June - June 2022

Latest documents

Access to Legal Aid Services for Undertrials
Arbitration Agreement and Arbitral Award: The Online Perspective
Nowadays, the use of technology has lightened the workload in many sectors to some extent. International arbitration practice has become cost-efficient. Although the concern has been when some legal instruments are not legally accepted, they are subjective to fulfilment of precise requirements. This reflects that arbitration agreements, as well as arbitral awards, which are drawn online, test whether the old provisions are beneficial or not. This article elaborates on the challenges which prevail while providing legal acceptance to digital arbitration. The objective is to highlight the difficulties that municipal and international systems come across while following the procedural aspect. The use of technology and maintaining international standards in the commercial sector globally should encourage the practice of harmony and proper enforceability.
Evaluating the Conducive Work Environment of Employees with Disability: An Empirical Study in Ahmedabad and Gandhinagar Districts, India
To explore the relevance of variables, such as accessibility, treatment and satisfaction, with work of employees with disability through statistical tests, the article aims to highlight the divide between employees with disability and non-disability. The authors derive the data through a primary survey from employees of government organisations in the Ahmedabad and Gandhinagar districts of the state of Gujarat, India. The employees consisted of both employees with disability and fellow employees (non-disabled). Primary data were collected from 128 respondents by the survey method through a questionnaire. A worrisome divide is found between the accessibility levels of employees with disability and non-disability. Through responses from employers, we find they are equally satisfied with work of both employees with disability and non-disability. However, there still exists significant mean rank difference in variables, like financial benefits and promotional policy, and treatment at the workplace, with non-disabled employees having a higher mean value.
The ‘New Normal’ of Indian Parliamentary Democracy
Social Reality and Social Responsibility of Law Students
Resolution of Debts and Insolvency and Bankruptcy Code, 2016: The Status of Government Dues and Taxes
The resolution of Corporate Debts has always been an intrinsic issue for the Government, because increase in distressed units would have a cyclic effect on the growth of the Indian economy. Therefore, since 1985, the Government has tried to arrest financial distress by way of statutory solutions. First, it was Sick Industrial Companies (Special Provisions) Act, 1985, and thereafter, a number of other legislations such as, the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 were passed, but these efforts went in vain, since non-performing assets (NPA) kept escalating. The Insolvency and Bankruptcy Code, 2016 (IBC, 2016) was passed with much enthusiasm to check these increasing NPAs. But, with the passage of time, it has been realised that, IBC 2016 has not been that effective when it comes to combatting the growth of NPAs or recovery of debt especially of the government authorities. The worst hit is the recovery of the state taxes. Taxes are the links between the state and development of an economy, as they are collected for utilisation towards welfare goals of the government and therefore, any deficiency in the collection of taxes, has a direct impact on the prevalent inequality in the society and it also directly affects the rights of the vulnerable groups and marginalised classes, such as, their right to food, health and shelter and other human rights’ issues. The objective of the present research article, therefore, is first, to analyse the different legislations passed by the Parliament to look at the pertinent issues related to NPAs and collection of taxes. Second-, the purpose is to examine as to how the non-recovery of taxes directly affects the State welfare schemes, which further directly affects the human rights of the weaker sections of the society and vulnerable classes and third, as to how IBC, 2016 has addressed the issues of recovery of tax dues.
Groundwater Depletion and Water Crisis in Delhi
Groundwater governance entails synergetic acts of political, legal social, economic and administrative systems, which equitably and efficiently distribute and manage the resource. It involves the formulation, establishment and implementation of water legislation and policies and creation of institutional framework for water administration. It emphasises the need for clarification of the roles and responsibilities of the government, civil society and private sector. Delhi has complex governance structure due to the simultaneous presence of the Union as well as state government agencies. The complexity of the situation is further compounded with the expansion of the Delhi as National Capital Region and the 1,400 odd square kilometres of the National Capital Territory (NCT) of Delhi. This article deals with the later. It is an attempt to understand and analyse the evolving legal regime on groundwater, the policy framework and institutional structure, as well as the role of courts to manage and regulate the groundwater situation in the city of Delhi. The article has highlighted that the rapid depletion of groundwater in Delhi is the fundamental reason for water scarcity in the city despite efforts of multiple agencies, existence of model bills, acts and regulations for the management of groundwater. For a highly urbanised city like Delhi, we need to think about incentives to discourage people from abstracting groundwater. There are no easy answers to these questions any more than the efforts to find solutions and effectively implement them to overcome the water crisis. This article is a modest attempt to find reasons for water crisis in the NCT of Delhi.
Revising Reason: Creating an Emotionally Engaged Legal Academia
In this article, my focus is to examine where, when, how, and why that most animating psychological concept—emotion—influences law and legal academia. In particular, this article will consider how law considers reason its supreme driving force, representing rationality and enlightenment and prizes the rigid, analytical, unemotional ability to ‘think like a lawyer’ whilst modern neuroscientific and philosophical findings no longer consider emotions as an antithesis of reason but rather deeply intertwined with cognition. Thus, briefly illustrating some of the inconsistencies, contradictions, and incoherence among legal education’s theories of emotion, as seen through law and emotions scholarship, this article argues that emotions can and should be the driver for a more holistic form of legal education, one in which emotions and well-being are integral within the curriculum itself, rather than occasional adjuncts.
Mapping the Inter-relation of Abuse of Dominant Position and Merger Control Regime vis-à-vis Big Data: The Curious Case of WhatsApp Privacy Policy
The meteoric rise of the digital platforms and their increasing dominance can be easily considered the highlight of the latter half of the previous decade. Even though antitrust laws do apply to such online markets, the determination of the competitive strength of in these digital markets was often determined by the quantum of data accumulated by the entities. The article is an attempt by the authors to evaluate the feasibility of applicability of the existing competition law framework to the growing platform economies and the resultant implications of personal data being collected by such entities. For this research, the authors have outlined three specific questions. First, what is the inter-relation between the growing platform economy and merger control regime of a country? Second, what are the possible avenues of concerns that may arise due to collection of personal data? Finally, what are the possible enforcement challenges that would hamper the applicability of existing competition regimes to the digital platforms? The research is doctrinal research, and the authors have adopted a comparative-analytical research methodology for evaluating the above-mentioned research questions. The authors have considered the jurisdictions of the EU and India as the geographical scope for the research. The authors consider the following upon the conclusion of the study. First, the use and access of this data after the merger with companies with low turnover confer the acquiring enterprise a market power by which it can have an edge over its competitors in the market which will ultimately harm the competition in the market. Second, the digital market is data-driven; hence, collection of copious amounts of data places the big-tech players in a position of control, allowing them to indulge in exclusionary and exploitative conduct. Third, the assessment basis of combinations, more specifically in cases of data-based entities within the competition law, needs a serious re-assessment to include data within the scope of assessment as it is the primary asset in such cases.
Law and Media Trial in India
Media is often termed as the fourth pillar of India; it is an indispensable part in keeping democracy alive and reaching out to the masses. The media plays an instrumental role in educating and delivering the truth to people. However, in recent times, the media has exceeded its role by bringing its lens into the courtrooms and setting up its own trials, parallelly. The transition from responsible reporting to investigating various high-profile cases or cases of infamous crimes has made the media trial a common practice. From aiming to grab the highest television rating points to trying to stay relevant in the changing times, the media has overstepped its own boundary. The unconscious transition in its role has not only interfered with the fair administration of justice but also pressurised the judiciary to act in a certain way. It has, also, hampered the fundamental and constitutional rights of both the accused and the victim of a crime. The courts have always, unfailingly, guarded the freedom of press, and they continue to do so. However, the judiciary sensed trouble in certain cases when the media began to deliver its own verdict before the evidence was verified or the guilt proved. It is here that the need to demarcate a line arose in order to ensure the media remains well within its job of fair reporting. In an attempt to contain this adverse effect of the media, the legislature and the judiciary have attempted to frame rules and guidelines to that effect. This article attempts to discuss the various facets of media trials and the laws pertaining to them.