Articles
Towards Robust Competition Law In India: Addressing Hub And Spoke Cartels
The significant growth of Indian markets and a paradigm shift in business operations prompted the Government of India to establish the Competition Law Review Committee (CLRC) in 2018. The CLRC was tasked with examining and suggesting modifications to the Competition Act of 2002. In 2019, the CLRC submitted its recommendations to the Government. Following a review of...
Critically Examining The Draft Guidelines For Prevention And Regulation Of Greenwashing, 2024
India's consumer rights sentinel, i.e., The Central Consumer Protection Authority (CCPA), has released the draft Guidelines for the Prevention and Regulation of Greenwashing, 2024. It is to be issued under sub-clause (1) of sub-section (2) of Section 18 of the Consumer Protection Act, 2019. Greenwashing, has been permeating the market at a global level. Thus, the Guidelines seeks...
India Back To Coalition Era: How The Government Will Respond To Challenges Of Fiscal Federalism?
Recently, India held its 18th Lok Sabha election, which concluded without any single political party securing the majority (272) required to form the government in the Centre. The Bhartiya Janta Party (BJP), under the leadership of Prime Minister Narendra Modi, became the single-largest party by securing 240 seats. The BJP managed to form the government with its coalition partners,...
Misinformation And Deepfakes In The Age Of AI
The increasing innovations in technology has led to the development of new facets of generative AIs and deepfakes. With the major developed countries bringing legislation to regulate their misuse, the authors analyse the Indian landscape and suggest measures for the same. In the recently concluded Lok Sabha elections, one might have encountered videos over the internet of...
A Primer On Avoidance Transactions Under Insolvency And Bankruptcy Code
Corporate insolvency and bankruptcy are critical issues that impact the financial stability and operational viability of businesses. In India, the Insolvency and Bankruptcy Code, 2016 (“Code”) serves as a comprehensive framework to address insolvency and ensure timely resolution. During insolvency or liquidation proceedings, the primary goal is to maximize the recovery of assets of the Corporate Debtor and distribute them fairly among stakeholders, ensuring that creditors are paid in...
Judicial Interference And Indian Arbitration And Conciliation Act, 1996
The judgment by the Supreme Court of India in the matter of Delhi Metro Rail Corporation Ltd. versus Delhi Airport Metro Express Pvt. Ltd[1] (Delhi Metro case) has got arbitration practitioners, lawyers and academics talking and introspecting alike, with almost everyone having an opinion on it. This has been criticised by some as the death knell for India's intention to become...
Examining Public Examinations (Prevention Of Unfair Means) Act: Does It Pass Critical Lens?
They say a single piece of paper cannot decide your future. In India, quite the opposite is true. The frequent rumours of paper leaks, malpractices at the examination center, discrimination with the candidates, etc., with regard to public examinations, have marred even the little faith in the testing agencies. With the recent rising controversies in the National Eligibility-cum-Entrance Test (NEET) UG-2024, the focus is steered towards public examinations in general. To what extent are the...
Judiciary During Coalition Government : Potential Changes In Power Dynamics
A coalition government is back in power in India after ten years. The Bharatiya Janata Party (BJP), having fallen short of the majority mark, is now dependent on its allies within the National Democratic Alliance (NDA) to form the government. Although the NDA government, with Narendra Modi as Prime Minister, is continuing with most of the Ministers from the previous administration, it is...
The Act Of Balancing Rehabilitation And Accountability: Analysing The Functioning Of JJB
The recent case in Pune, where a 17-year-old boy killed two innocent youngsters in a road accident through rash and drunk driving, has been making headlines. What has infuriated people even more is the punishment handed down by the Juvenile Justice Board (JJB), which is also thought to be influenced by the high profile that the father of the accused holds. The minor was assigned to write...
Does The Winner-Take-All In Arbitration? Understanding The Regime Of Costs Under Arbitration And Conciliation Act, 1996
In recent times, alternative dispute resolution (ADR) mechanisms have become far more popular than the traditional methods of litigation. ADR mechanisms include arbitration, mediation, conciliation, negotiation, etc. Parties prefer ADR mechanisms because of their flexibility of procedure yet time bound approach, and as they are less expensive, less cumbersome and more...
Extending The Mandate Of An Expired Arbitral Tribunal: Feasible Under The Law?
Section 29A of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as the “A&C Act”) addresses the timeframe for issuing an arbitral award and when this deadline can be extended. However, there is an ongoing uncertainty and debate due to conflicting court rulings as to whether the arbitration tribunal's mandate can be extended before its expiration or only after it...