Since the past year, the Russia-Ukraine war has been at the forefront ofglobal news with no end in sight. It has caused significant amounts of damage to life, property and resources in Ukraine. As a corollary to this crisis, US and NATO troops have also increasedtheir presence in the Black Sea region. The war also detrimentally affected global trade due to sanctions placed on Russia by the USA and the European Union. While India did not enter the sanctions regime, the threat of extraterritorial sanctions and general sanctions did slow down dealings with Russia for a small period of time. However, over a year after the war, India has been in negotiations with Russiaregarding trade, including a recent agreement between state oil companies of both nations. In this sense, the war has not had any major detrimental effect on India’s oil exports.
Due to the war and many other factors, there have also been fears of the global economy going into recession. This caused the US tech companies and many other companies to start laying off employees and cutting costs, causing loss of livelihood for many people across the globe. Many Indian companies also followed suit. While the US entered into a debt ceiling deal, many analysts consider that it will only increase the chances of the US economy to also go into recession. Europe has already started going into recession, and the tremors of such a recession will be felt across the globe, including India. With Germany technically going into recession, it is anticipated that it will detrimentally impact India’s exports of various goods that were destined for European markets.
In such turbulent times, India has also been able to secure the presidency of the G20, which began in December 2022. This has allowed India to be at the forefront of G20 discussions, and attempt to form consensus among the nations to give effect policies that may help secure the future of the global economy. A paper undertakes an analysis of India’s presidency of the G20. It deals with the potential issues that may arise during India’s presidency of the G20, and further attempts to highlight the lessons from the past. The author(s) recommends that a cautious approach must be undertaken in order to make the most efficient use of this opportunity.
With regards to PM Modi’s approach to international relations, another paper focuses on a comparative analysis of India’s current Multi-Alignment Policy vis-à-vis the earlier non-alignment policy. It aims to highlight the successes of the use of this policy, especially in the context of Pakistan and maintaining relations with both US and Russia.
As a welfare state, the Indian government has control over of companies across many core sectors, including banking and insurance. However, there have been debates, including a bill before the parliament, on the potential privatization of public sector banks and state-owned general insurance companies. One paper delves into the positive implications that privatization would have on the Indian economy, as well as the significance of the potential privatization in the banking structure.
Another important development that took place this year was the WHO’s declaration that that COVID-19 is no longer a pandemic. However, while it may no longer have a major impact on public health, the issues that the pandemic brought to light or aggravated still exist. One of the papers analyses the aspect of gender-based violence that took place during the COVID-19 pandemic in light of the psychological and social issues that are at the root of such problems and highlight the need for a gender-based policy as the way forward.
The COVID-19 pandemic had forced educational institutions across the world to switch to the virtual setting. However, this required the existence of sufficient technological infrastructure and equipment in the nation. One paper attempts to analyze the need for mandatory access to sufficient technological resources for the purposes of education for all, based on the lessons learned during the pandemic. The paper highlights the relevant constitutional and legal provisions for the same and also engages in a cross-jurisdictional analysis of the issue.
With the advent of technology, there has been a consequent increase in crimes committed in the virtual space, i.e., cybercrimes. Another article dives into the impact of the Indian patriarchal setup on the crimes against women, with a focus on cybercrimes vis-à-vis the aggression towards women outside of the virtual environment. It also analyses whether such offences are targeted towards specific groups of women, while also highlighting the state’s response to such crimes.
A major issue that has plagued the world in the recent decades is that of climate change. Global temperatures have been on the rise, and climate change has become a political weapon. In practice, effective drafting and implementation of environmental laws can help mitigate the damage caused to the climate. One of the papers highlights the issues and impact of the implementation of environmental laws on the livelihood of tribal women, who are extremely dependent on and connected with the environment. It also aims to draw attention to the effects of various forest, agricultural and development regulations and the impact that it has on the livelihood of tribal women.
In the backdrop of the plethora of environmental issues that are present in our time, another paper has brought to light the important consideration on the large number of environmental cases that plague to the court system. The paper attempts to study the applicability of various Alternative Dispute Mechanisms to effectively resolve environmental disputes in India.
In the area of constitutional laws, one of the papers in this edition delves into the adjudication of the same sex marriage disputes that are now at the forefront of LGBTQ debates across the globe. The author(s) highlights the fact that pro-LGBTQ advocates are making similar arguments across the globe, but also recognizes the various legitimate challenges to some of their demands. It analyses the same in light of the US Supreme Court Judgment on this issue, and attempts to draw the attention to the various legal challenges that must be considered as the apex court in India also decides the same.
This edition also discusses the laws of production and markets for democratization. It highlights that there is a growing divergence between political and economic rights, which is affecting the anticipated outcomes of democracy in India. Through an economics analysis, the paper aims to bring forth the idea that fundamental rights are not the only rights that should be justiciable.
This edition also includes an article on the contemporary debates on the appointment of judges in India while analyzing the constitutional provisions, history and the controversy in light of the arguments made on both sides of the spectrum. It also includes an article that looks at the role of Telangana diaspora, particularly NRIs, as an important element of the formation of the state.
Lastly, this edition also includes a discourse on the discretionary autonomy that is exercised by sporting federations. The paper contextualizes the issue in the backdrop of the criticisms faced by the FIA for their decision on the use of a safety car during the Abu Dhabi Grand Prix in 2021. The author(s) analyze the Formula 1 Regulations based on the principles of administrative law vis-à-vis Lex Sportiva, and attempts to understand the functioning of sporting federations from a legal perspective.
We hope that the present volume generates the interest of the readers and encourages further discourse and academic research into issues that have become extremely relevant in the present times.
- EDITORS
April 2023
GJLDP
K.C. Ratha
Abstract
The main objective of this paper is to understand gender-based violence during the COVID-19 lockdown. It aims to do so by assessing the pattern of rise in such forms of violence and related psychological and social issues. The study draws attention to the risk of domestic violence, which is likely to increase as social distancing measures are put in place and people are encouraged to stay home. It contends that gender violence, despite being a global phenomenon, remains under- reported because of stigma and social pressures. The paper stresses on the necessity to create awareness by initiating dialogue and appealing for change in the response towards victims of gender-based violence. My research, therefore, attempts to suggest measures to curb the menace of gender violence during periods of confinements at home (lockdown, home isolation etc). The present academic endeavor aims to establish the links between gender violence and pandemic and also ventures to offer a set of potential policy responses to mitigate the social malaise that is gender violence. Understanding of gender violence is a stepping stone towards ensuring gender equality, globally. To promote a more gender-equitable paradigm during and after disease outbreaks is the need of the hour. A gender-based policy is the way forward to address their fragilities and to keep them safe economically, psychologically, and physically amid and aftermath of the pandemic period.
Keywords: Gender, Pandemic, Covid -19, Domestic violence, Gender health disparities.
Ranita Nagar
Abstract
The growing divergence between the political rights (as envisaged in the Constitutional Assembly debates in India) and shrinking of economic rights (reduced allocation to subsidies and welfare programs) is eroding the efficacy of political rights and thus limiting the aspired outcomes of democratization. This paper studies the production process of democracy with justiciable political rights, i.e. Fundamental Rights and non-justiciable economic rights i.e. DPSPs as factor inputs of production and the quantum of democracy as output, distinguishing between short run and long run production functions and the consequent access price for the two rights. Making both the rights as justiciable i.e. both variable factor inputs will ensure a long expansion path for production of democracy in contrast to the current status of only having fundamental rights as justiciable.
Subhajit Chakraborty
Abstract
Boosting performance and expanding business efficiency of the banking sector is considered to be one of the key targets of spontaneous economic reforms for any nation. Likewise, in India, the union government felt to revisit and amend some of the integral aspects of laws relating to the banking sector to privatize the public sector banks. Prior to this initiative, the centre also allowed the General Insurance Business (Nationalization), Amendment Bill 2021 with the notion of privatization of the general insurance companies owned by the state. To achieve the disinvestment targets, the Banking Laws (Amendment Bill) 2021 is waiting for the Union Cabinet’s approval which may, if passed, amend the major central laws relating to the banking sector i.e., the Banking Companies Acquisition and Transfer Laws, 1970 and the Banking Regulation Act, 1949. However, as the subject matter of privatization has gained impetus in this present era, it has been felt relevant to discuss the various positive implications on the current economic framework. The present paper attempts to demonstrate the significance of Privatization in the current banking structure and also attempts to analyse the various issues pertaining to it.
Keywords: Privatization, Banking, Non-performing Asset, Outstanding Loans, Nationalization
D. Ananda
Abstract
Recent confrontations between the government and judiciary over judges’ appointments provoked reactions from many quarters. The Center maintains that it is not transparent and encourages favouritism in its operations. The law minister said it is opaque and unaccountable. Vice President Jagdeep Dhankhar highlighted the Supreme Court’s dismissal of the National Judicial Appointments Commission (NJAC), stating that it undermines parliamentary sovereignty. The opposition reaction came from Congress Parliamentary Party (CPP) chairperson Sonia Gandhi. She said there is a calculated attempt to delegitimise the judiciary. In this context, this article deals with the appointment of judges and its Constitutional framework. The present article evaluates and analyses the Collegium system of judicial appointments. What are the constitutional provisions? How did the Collegium system emerge? The attempt to set up NJAC and its controversy.
Keywords: Collegium, NJAC, Judges Appointments, Judicial Independence
Vivek Kumar Pandey
ABSTRACT
There is a global movement for LGBTQ accommodation in the public life be it in United States, Europe or now in India. Globally pro-LGBTQ advocates are making similar arguments at different jurisdictions parallelly. There’s a thrust to their voice, since similar arguments are being echoed from all directions. There are valid and legitimate challenges to some of the demands that is being made by the pro-advocates, said challenges are visible with respect to LGBTQ demand for Right to same sex marriage. There is a hesitancy to point the said challenges among the scholars in general, doing so may invite the wrath of miniscule-mass of public whose belief in the righteousness of their cause have made them deaf to the other side of the argument. Prima- facie the argument advanced for same-sex marriage is tailored in the clothe of equality, dignity and liberty, this makes a novice succumb to the pictorial idealism of the issue ignoring the issues that stares at face. The focus of this paper is to highlight the major issues that are there to be addressed before Court marches ahead on this tumultuous path to recognize the same sex marriage. The Paper aims to lay down the legal challenges that is being ignored largely while dealing with the Issue by public intellectuals and courts alike.
Keywords: Right to Marriage, Union, Fundamental Rights, Civil Consequences, Transgression, unelected, Democracy, Due Process, DOMA, U.S. Constitution, Constitutional Protection, Constitutional Morality
Mehreen Manzoor
Abstract
Technology has made inevitable and deliberate inroads into our lives and is redrawing the boundaries of the social contract. While parameters of the social contract are deliberated upon by all quarters, feminist jurisprudence has questioned the same. Crimes against women are a separate subset within the crimes in India. Cyber crimes, on the other hand, have been worded gender-neutrally, even though offenses against women have received greater attention than offenses against men. The paper shall analyze whether the Indian patriarchal setup has also created incursions into cyberspace. The paper, through case studies, shall evaluate whether the aggression towards women is similar to the one they face in the offline world and an extension of the same, whether it is used as a tool of social control. The paper shall attempt to contrast the two modes of offense in their similarities and dissimilarities and whether it is targeted towards a specific group of women (class, caste, religion, and region) or is egalitarian in operation. Much like social spaces, online spaces have more men than women users, and where women often get objectified, vilified, or demonized. The paper shall also attempt to theorize the narrative, the state’s response to these crimes, and how it has affected the cause of gender equity and empowerment.
Keywords: online gendered abuse, social control, marginalized women, state, state abuse
Foram A. Pandya & Bhavesh H. Bharad
Abstract:
The traditional court system is seriously threatened by the rise in disputes, case backlogs, and postponed justice. The Government of India amended the Constitution in 1976 to address this issue and created a number of tribunals, commissions, boards, and special courts. The system of Alternative Dispute Resolution (ADR) also developed concurrently. Alternative dispute resolution procedures are methods of addressing and resolving conflicts outside of the traditional and adversarial setting of the courtroom. Any form of disagreement, including those involving family, neighbors, the workplace, business, housing, physical injury, consumer contracts, the environment, etc., can be resolved utilising this approach. Arbitration, mediation, conciliation, Lok Adalats, Nyay Panchayats, and the recently developed Ombudsman are the most popular types of Alternative Dispute Resolution(ADR).Alternative Dispute Resolution(ADR) has now spread throughout the world and been gradually incorporated into many nations' systems for administering justice. The notion of Alternative Dispute Resolutionwas developed in the contemporary era as a result of the growing unhappiness with litigation. The conflict resolution procedure in environmental lawsuit cases, which presents a challenge to the conventional justice delivery system, is the topic of the current article. The environment is currently being overburdened by factors such as population growth, urbanization, infrastructure expansion, and the transboundary transport of hazardous waste, which results in industrial pollution, air pollution, water pollution, unsustainable tourism, resource depletion, including overfishing, desertification, and loss of biodiversity. Numerous lawsuits related to these environmental issues are currently proceeding in courts across India. The author urges the use of ADR processes to settle environmental issues while adhering to international and national standards.
Keywords:Alternative Disputes Resolution, Arbitration, Mediation, Mechanisms, Tribunals, Ombudsman
Shampa Dev, Avishek Chakraborty & Michelle Dias
Abstract
The pandemic forced an upheaval in the way educational institutions worked. While many schools and colleges were forced to shut down, others shifted to the online mode of teaching- learning. But the prerequisite for online education that is an electronic device and internet connection were unavailable to the poor. Though schools are back into the offline mode of teaching learning, the pandemic experience demands a rethink on the equitable access to technological resources for education. The Constitution of India guarantees a justiciable right to education. On the other hand, the Right to Free and Compulsory Education Act does not specifically include a mandate for access to technological resources. In its absence the fundamental right to education could not be realized during the pandemic. Recently the Supreme Court directed private schools to provide technological resources to underprivileged students. This research paper enquires into the question – whether there can be a valid claim to access to technological resources to facilitate and effectuate a fundamental right to education, and whether failure to provide such resources be construed as a violation of the right. Interalia it also visits the question of whether rising dropouts are indicative of failure of social justice obligations of the State? Adopting a jurisprudential analyses and a comparison of the laws and the judicial decisions in India and a few other countries, this paper argues that access to technological resources may at best be claimed as an equitable right considering the nature of the right. Yet taking cues from other nations and by way of analogy, this paper suggests the enlisting of private service providers and device manufacturers, just like private schools have been, for facilitating and effectuating a meaningful right to education.
Keywords: equitable right to educational technologies, fundamental right to education, online education, right of access to technological resources
Sitakanta Mishra
Abstract
India has assumed the presidency of G20 on December 1, 2022, for one year during which it can showcase its capability to lead an intergovernmental organisation. This can be a unique opportunity to nurture India’s ambition for global leadership. While receiving the baton from Indonesia on November 16, 2022, Prime Minister Narendra Modi gave a clarion call to the global community to carve out a ‘common future’ to navigate the tumultuous era in vogue. To accomplish this daunting task, the onus is on India to form the necessary consensus among nations for a united strategy, and bring all nations in line with India’s global vision in an era of economic recession and ‘political polarisation’. India will certainly strive towards achieving G20 goals but there would emerge sensitive and compelling situations involving the organising process of the group activities, as well as some members’ attitudes towards the Indian style of doing things. This paper introspects on probable hindrances in the smooth conduct of India’s G20 presidency; prescribes what lessons it can draw from its past diplomatic endeavours, and what cautious approach it should undertake to best use this unique opportunity.
Keywords: G20, geopolitics, Indian diplomacy, Narendra Modi, global leadership, multilateralism
Nishtha Kaushiki, Jagmeet Singh Bawa & Nikhil Sharma
Abstract:
The objective of this paper is two fold. First, it explores the differences between non alignment and multialignment while highlighting the nature of post Cold War international politics by assessing India’s security challenges in the region. Second, it highlights the achievements of India’s Multialignment policy. In brief, PM Modi has revisited India’s strategic necessities emerging out of the changed geopolitical situation. The policy of multipolarity has enhanced strategic outreach, and today India has multiple partners fulfilling various needs ranging from security to economic prosperity. The paper assesses how the policy has maintained a fine balance between the U.S., China and Russia and has avoided the debates of ‘us versus them’. Further, the country is no longer externally assessed on the internal issues and has successfully curtailed Pakistan’s nuclear bluff apart from a well-handled China’s aggressiveness through the art of strategic communication.
Keywords: Multialignment, Strategic Communication, Post Pulwama, Abrogation of Article 370, Mumbai attacks
Jagannatham Begari
Abstract:
The paper proposes to evaluate the role of Telangana NRIs in Telangana movement. The paper is divided into three aspects: One) Understanding the theoretical background of Diaspora as the people who have supported are from host countries. Two) The role of Telangana Diaspora and their contribution to the movement. Third, this section is based on the interviews with Telangana Diaspora who settled in Brisbane and Sydney (Australia), Denver, United States and London (United Kingdom). The paper propose to use secondary sources and exploratory research method.
Keywords: Telangana Diaspora, Telangana movement, State, NRIs, development, migration
Kanika Goswamy
Abstract:
With the advent of motorsports and its growing fan base, there has been an exponential hike in the regulation of sporting federations to furnish the best results and preserve the integrity of the sport. This was keenly observed when the FIA was heavily criticized for their decision regarding the use of safety car during the Abu Dhabi Grand Prix 2021. The Race Director, Michael Masi, was heavily criticized for allowing the unlapping of a few select cars, essentially going against Article 48.12 of the 2021 FIA Formula 1 Regulations. The question which is of prominence revolves around the decisive factors for the utilization of discretionary power by the sporting federations. The sporting federations enjoy autonomy by virtue of Article 60 of the Swiss Code in formulating their own rules and regulations. However, following the action of the race director, it becomes eminent to decipher the extent of this power. Certain rubrics that have been enunciated over the course of time, including those upheld by the Court of Arbitration for Sports, define the extent of action and the circumstances under which the decision-making authority can initiate an action rooted in discretionary power. The author has attempted to elaborate on principles of administrative law while keeping the bodies of rules for sports law, Lex Sportiva, at the heart of the research while analyzing the Formula 1 Regulation. Further, these regulations are analyzed by understanding the sporting federations and obligations that they have to abide by as no autonomous administrative body can evade the general principles of law.
Keywords: 2021 FIA Formula 1 Regulations, Race Director, Discretionary Power, Court of Arbitration for Sports, General Principles of law, Lex Sportiva
