Mediation in India: Practical Indepth

Mediation, one of the settlement techniques under the alternate dispute resolution, is a party-centric process wherein a neutral third person, the mediator, exercising proper techniques aids in bringing the two or more disputing parties to an agreement on the matter concerning the parties. The mediators can’t impose an outcome or decision on the parties and therefore, a mediator, per se isn’t a decision-maker.[1] (more…)

The Coalgate Scam

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The Coalgate Scam was unearthed by the CAG report on allocations of coal blocks. CAG report alleged that a loss of Rs. 1.86 lakh crore was caused to the exchequer because of a non-transparent and discretionary allocation process. The beneficiaries of the scam are private players who have made windfall gains and have received highly valuable natural resources at almost free of cost. (more…)

Internship Culture in India

By Mandavi Mehrotra, Dr. Ram Manohar Lohiya National Law University, Lucknow.

Internship

For all those young bloods who choose to burn the midnight oil and take internships for trade and vocational jobs, though even reluctantly when no stipends are given, serious questions of legitimacy and importance of internships/stages/work experience/industry experience pop up, especially in the Indian milieu. Interestingly, Indian culture has undergone sweeping modernization adapting to the western model of education. The long journey of the Indian educational spectrum from the Gurukul system till the present day culture featuring smart classes, practical and demonstrative pedagogy, experimentation, research and development and of course, job shadowing and internships. (more…)

Dos and Don’ts for a Law Student

By Sidharth Mohanty, University Law College, Utkal University, Bhubaneswar.

Law student consults books

A law student carries some obligation on his shoulder, which includes a moral obligation towards the professors, classmates and self.

The term moral obligation has a number of meanings in moral philosophy, in religion, and in layman’s term. Generally speaking, when someone says of an act that is a “moral obligation”, they refer to a belief that the act is one prescribed by their set of values. Obligation being a set code by which a person is to follow. Moral obligation can be better understood as a course of action imposed by one’s conscience by which someone is bound or restricted. (more…)

Research Methodology: Ins and Outs

By Bhagyashree Sonwane, Indore Institute of Law, Devi Ahilya Vishwa Vidyalaya, Indore, M.P, India.

Research refers to the systematic search of a particular topic or issue. In other words it can be defined as art of searching knowledge. The Oxford defines it as “The systematic investigation into and study of materials and sources in order to establish facts and reach new conclusions.” According to Redman and Mory(1923), Research is a “systematized effort to gain new knowledge”. Thus, we can say that research is an attempt to pursue advancement through methods of study, observations, results, conclusions and experiments. According to Clifford Woody research comprises defining and redefining problems, formulating hypothesis or suggested solutions; collecting, organizing and evaluating data; making deductions and reaching conclusions; and at last carefully testing the conclusion to determine whether they fit the formulating hypothesis. In short, the search of knowledge through objective and proper method of drawing conclusions and solutions to a particular problem is research. (more…)

Comparative Advertising–A Necessary Evil

Comparative advertising is a promotional technique in which an advertiser claims the superiority of its product over competing product(s) by direct or indirect comparison. Comparative advertising is defined as advertising that compares alternative brands on objectively measurable attributes or price, and identifies the alternative brand by name, illustration or other distinctive information. (more…)

National Judicial Appointments Commission: A Study in Effectiveness

By Rajashree Aryabala Tripathy, KIIT Law School, Bhubaneswar.

Article 124(2) states, whenever there is a proposal for appointment of the Supreme Court Judges, it will be done by the President of India in consultation with other Judges of the Supreme Court. But time has changed and the judiciary, executive and legislature have to take steps according to the need of the society. The rate of corruption and adulteration in all departments is increasing day by day. We need a strong judiciary for our country. It is now proposed that a new Commission will be formed for appointment of judges to higher posts, which will be named as the “National Judicial Appointments Commission” (NJAC). For this reason, a Bill has been drafted, which contains the constitution, regulation, function and role of that C omission. The main aim of this Bill is to bring transparency in the selection process, along with an accountable government. (more…)

Corporate Social Responsibility: An Analysis

By Sibani Panda, KIIT Law School, Bhubaneswar.

“Without a sense of caring, there can be no sense of community”

In the recent years, increasing attention has been given to the concept of corporate social responsibility. The corporate social responsibility is an evolving concept and it does not have a universally accepted definition, so it generally refers to the transparent business practices that are based on ethical values, compliance with legal requirements, and respect for people, communities, and the environment. Thus, beyond making profits, companies are responsible for the totality of their impact on people and the planet.[1] Corporate Social Responsibility (CSR), can be described as, the continuous commitment by corporations towards the economic and social development of communities in which they operate. Good corporate governance is a part and parcel of a corporate responsibility towards the society. (more…)

Dual Citizenship in India: Advantages

By Stuti Saxena, IGNOU, Delhi.

Citizenship in India is administered under the statutory provisions of the Citizenship Act, 1955, which has been amended from time to time. Further to this, Indian Constitution also enshrines the tenets of Citizenship in its Part II. India follows the system of single citizenship. As per Indian nationality law, jus sanguinis (citizenship by right of blood) in contrast with jus soli (citizenship by right of birth within the territory) is the norm. (more…)

Belief versus Knowledge

“I think that anyone who has taken the trouble to examine his, or her, own mind in regard to their worldly knowledge on any matter, will agree that this knowledge is entirely based on experience, but when we turn our attention to religion we immediately feel either that actual knowledge is lacking or that it is confined to certain instances of an entirely different nature…”

It has been written that “In all the world there are only two kinds of people – those who know, and those who do not know;and this knowledge is the thing which matters.” However sweeping this statement may appear it is little short of truth from the stand point of Religion in its real sense. (more…)