The Arbitration and Conciliation (Amendment) Ordinance was promulgated on 4th November 2020 by the President of India to ensure that all the stakeholders get an unconditional stay on the enforcement of arbitral awards where the Court finds out that the underlying agreement or the making of the award is induced by fraud or corruption and thus, through this amendment the parties to the proceedings, who challenged the award can now be saved from the conditions that the Court may impose in the normal circumstances for the stay of award. Further, the Ordinance omits the Eighth Schedule relating to the qualification and experience of the Arbitrator, which had impliedly excluded the foreign nationals from acting as arbitrators in an Indian seated Arbitration and substitutes the Schedule with Section 43J of the Act so as to state that the accreditation for arbitrations shall now be done as per the qualifications, experience and the norms specified by the regulations. (more…)
To curb the menace of horse-trading or floor crossing or party defection by the legislators that gave rise to instability in the House and the government, the Tenth Schedule of the Constitution or the Anti-Defection Law was enacted in 1985. Under this law, a legislator can be disqualified from the house on grounds of defection. Defection is defined as voluntarily giving up the membership of a party. The Courts have later interpreted this definition to examine and explain what counts as “voluntarily giving up” the membership of a party. There are some exceptions to this law and the power to disqualify a legislator lies with the Speaker or Chairman of the House. (more…)
The National Infrastructure and Investment Fund (NIIF) is an entity registered as a Category II Alternative Investment Fund (AIF) under the Securities and Exchange Board of India (SEBI). It was established by the Government of India in the financial year 2015-16 under the former Minister of Finance, Arun Jaitley, with a planned corpus of Rs. 40,000 crore to invest in commercially-viable long-term greenfield, brownfield and stalled projects in the infrastructure sector collaboratively and sustainably. Its headquarters are in Mumbai, Maharashtra, with Mr. Sujoy Bose as its Chief Executive Officer. (more…)
Media as Quintessence of Democracy
Labeled as the “fourth estate” in democratic societies, the media possesses a distinctive capability to influence and shape government policies. Normatively ascribed the role of a “watchdog” with a capacity to contribute to institutional change, the media holds the political elite accountable, reflects the needs of the audience, and exposes transgressions of the power holders within the democratic system. Its role thus in influencing matters related to legislation and government policies is crucial and should not be overlooked. (more…)
The term privilege can be defined as an exemption, special right, advantage or immunity to a particular person or group of persons in a layperson’s terms. In law, privilege is an advantage enjoyed by a person or an association where people are exempted from some duty, burden, attendance or liability. Parliamentary Privileges are certain rights and immunity enjoyed by the members of the parliament and legislative assemblies individually and collectively, till the time they retain their position as a member of the legislature. These privileges are defined under Article 105 of the Indian Constitution and due to these privileges, members are exempted from any civil or criminal liability for any statement made or act performed by them in their course of tenure. These privileges are called off as soon as the members complete their tenure in the legislative body (Houses of Parliament at the Centre & Legislative Assemblies in the States). (more…)
On 5th February 2020 the Finance Minister introduced “The Direct Tax Vivad se Vishwas Bill, 2020” in the Lok Sabha. The primary objective of this Bill was to provide a solution for income tax disputes which are pending. Thereafter, some official amendments were proposed by the key stakeholders. After the amended Bill was passed by the Lok Sabha and the Rajya Sabha, it finally received the President’s assent on 17th March 2020 and thus the Direct Tax Vivad se Vishwas Act, 2020 came into being. (more…)
By Viswanadha Modali, Research Associate, Policy
To understand the evolution and impact of social policies in India, we must first define the often misunderstood term “social policy”. The London School of Economics very succinctly defines it as a policy ‘concerned with the ways societies across the world meet human needs for security, education, work, health and well being’. Given that the term has a very broad and elusive definition, it brings under its purview a very wide range of government policies impacting several facets of human life. (more…)
By Keerthana Chavaly, Lady Shri Ram College for Women, New Delhi & Gargi Kothiyal, Graphic Era (Deemed University), Dehradun
Public policy can be defined as ‘government action to address public issues’. It is essentially a government decision undertaken to pursue a certain goal or objective which may or may not be enforceable at the Central, State or local level of governance. Policy-making thus remains a dynamic process which is changing dramatically with the increased involvement of different stakeholders. Given the multiple voices of different stakeholders at various levels of policy-making, it is necessary for civil society to be proactive and create spaces for people’s involvement in public policy. One way of ensuring that people’s voices are heard and determine the fate of policy-making has been through activism.
By Madalsa Jain, Damodaram Sanjivayya National Law University, Visakhapatnam.
Chaired by Justice B.S. Chauhan, Law Commission of India released its draft report on simultaneous elections on 30th August, 2018, which was submitted to the Law Ministry. The concept of ‘One Nation, One Election’ gave birth to the debate of simultaneous elections. The Commission analyzed the legal and constitutional gray areas with respect to the conduct of simultaneous polls. (more…)
For delving deeper into the domain of Public Policy it is necessary to fully understand the interface between law and policy. However, when deciphering the policy landscape concerning the law, several questions dealing with the interrelation of law and policy tend to confuse us. To simplify and demystify the law and policy interface, let’s try to understand this interface, through our contemporary laws and policies. (more…)