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Sep 16, 2021

Meghalaya Legislative Research Fellowship 2021

Applications are open for the Meghalaya Legislative Research Fellowship (MLRF) 2021 from the Meghalaya Institute of Governance (MIG) and the Indian School of Business (ISB). This fellowship programme is based in Shillong, Meghalaya and the deadline for the application is 20 September 2021. About the Organizations Meghalaya Institute of Governance (MIG) Meghalaya Institute of Governance (MIG) was created by Meghalaya Basin Development Authority (MBDA) with an aim to explore, share and promote good governance in Meghalaya by assisting the Government, the private sector, the voluntary sector and the communities in putting good governance into practice for the well-being of citizens and society with special emphasis on traditional institutions, cultural organizations and village communities. Indian School of Business (ISB) Established in 2001, The Indian School of Business (ISB) is a private business school that has two parallel campuses in Mohali (Punjab) and Hyderabad (Telangana). Its co-founders are Rajat Gupta and Anil Kumar who are reputed businessmen of India. It offers certificates in various post-graduate management programs. It is accredited by AMBA, EQUIS and AACSB and has been ranked in Forbes, Financial Times, Economist, etc. Objective Meghalaya Legislative Research Fellowship is designed for the students who are willing to support members of the Meghalaya State Legislative Assembly through research and data analysis to work towards solving complex problems in governance and public policy. Roles and Responsibilities This fellowship programme requires organizational skills and the fellows will be working closely with the selected legislators of the Meghalaya State Legislative Assembly and agencies of the Government of Meghalaya. Each individual admitted to Meghalaya Legislative Research Fellowship is expected to: Produce background notes, issue briefs, information bulletins, fact sheets, weekly digests, etc. on legislative, procedural and other immediate or anticipated issues of interest. Disseminate information on selected subjects to legislative members in their respective interest areas. Use sophisticated research methods to produce evidence-based policy insights on issues of importance and urgency. Support legislators directly in several items of legislative business like the Questions, Adjournment Motions, Calling Attention Notices, etc. to be initiated by legislators, including private member bills. Number of Positions It requires a total of 12 (Twelve) Legislative Fellows & 2 (Two) Data Fellows. Salary The candidates will get a monthly salary of Rs. 40,000. Apart from this, the candidates will also be eligible for various allowances and benefits like - House Rent Allowance & Mobile Allowance, etc. Duration Meghalaya Legislative Research Fellowship is a learning programme for a minimum of one year which can be extended for another year based on the candidate’s performance. Eligibility and Requirements Nationality The candidates must be a citizen of India and a domicile of Meghalaya state (relaxed for data fellows). Essential Qualifications The candidates should have done their Bachelor's degree in any of these subjects like Social Sciences, Humanities, Public Policy, Statistics, Data Analytics & Geoinformation, Natural Sciences and other interdisciplinary degrees. Desirable Qualifications The candidates with a Master's degree and well-rounded knowledge of Meghalaya society, culture, history, state politics and policies will be preferred. The candidates with a Master's or PhD degree and well-rounded knowledge of Meghalaya society, culture, and history will be preferred. The candidates who are familiar with any vernacular language of Meghalaya is strongly desired. How to Apply? The interested candidates should send their resumes and cover letter here. Selection Procedure The candidates will be selected on the behalf of the Meghalaya Institute of Governance, Bharti Institute of Public Policy (BIPP) and the Indian School of Business. The candidates who have submitted a detailed application form and are shortlisted will be called for the interviews. For any doubts or questions, the candidates can contact to [email protected]

Gaurav

Sep 16, 2021

NLSIU announces Ajoy Halder Memorial Scholarship

Introduction One of the best institutes for law in India, the National Law School of India University (NLSIU) Bangalore has recently announced the Ajoy Halder Memorial Scholarship in memory of NLSIU alumni Ajoy Halder who passed away due to COVID 19 complications earlier this year. Objective The Ajoy Halder Memorial Scholarship will be commencing in the academic year 2021-22 to support deserving students for 5 years. This will be the first scholarship at the National Law School of India University Bangalore which has been named after an alumnus of the University. About Alumni Ajoy Halder, a 2004 law graduate of NLSIU Bangalore was a former partner of HSA Advocates and had worked with several leading law firms including DSK Legal, Trilegal, Amarchand Mangaldas, Lexadigm and Pinsent Masons in Singapore. He had later set up his law firm ‘Halder & Associates’ in the year 2017. He had over 16 years of total experience in advising and guiding on general corporate, project development, project finance transactions, etc. About the Scholarship This scholarship has been introduced with the support of Ajoy Halder’s friends Kush Mehra and Paroma Dutt Mehra who thought to support students like Ajoy who come from humble backgrounds. Kush Mehra is the President and Chief Business Officer of the payments company Pine Labs. Paroma Dutt is a Mass Communication and PR Professional who has been associated with several global PR agencies.

Gaurav

Sep 09, 2021

Top Law Colleges In India: NIRF Ranking, 2022

The National Institutional Ranking Framework (NIRF) for the year 2022 has been released on the official website of NIRF i.e. nirfindia.org. NIRF Ranking was approved by the Ministry of Education, formerly the Ministry of Human Resource Development (MHRD) under the umbrella of the Government of India on September 29, 2015. Basically, the NIRF Ranking takes into consideration a universal methodology to rank colleges and universities. Several parameters such as Graduation Outcome, Teaching Learning and Resources, Perception, Outreach and Inclusivity and Research and Professional Practice are taken into consideration during the ranking. Here is a list of the top 30 colleges in the NIRF ranking for Law: Name City State Score Rank National Law School of India University Bengaluru Karnataka 78.00 1 National Law University New Delhi Delhi 73.96 2 Symbiosis Law School Pune Maharashtra 73.73 3 Nalsar University of Law Hyderabad Telangana 73.05 4 The West Bengal National University of Juridicial Sciences Kolkata West Bengal 70.72 5 Indian Institute of Technology, Kharagpur Kharagpur West Bengal 67.27 6 Jamia Millia Islamia New Delhi Delhi 63.62 7 Gujarat National Law University Gandhinagar Gujarat 63.52 8 Siksha `O` Anusandhan Bhubaneswar Odisha 63.47 9 National Law University, Jodhpur Jodhpur Rajasthan 62.35 10 Kalinga Institute of Industrial Technology Bhubaneswar Odisha 61.55 11 Aligarh Muslim University Aligarh Uttar Pradesh 60.11 12 Lovely Professional University Phagwara Punjab 57.57 13 Saveetha Institute of Medical and Technical Sciences Chennai Tamil Nadu 55.41 14 National Law Institute University, Bhopal Bhopal Madhya Pradesh 54.28 15 Christ University Bengaluru Karnataka 53.56 16 Dr. Ram Manohar Lohiya National Law University, Lucknow Lucknow Uttar Pradesh 53.23 17 The Rajiv Gandhi National University of Law, Patiala Patiala Punjab 52.73 18 Shanmugha Arts Science Technology & Research Academy Thanjavur Tamil Nadu 51.87 19 Banaras Hindu University Varanasi Uttar Pradesh 51.66 20 University of Petroleum and Energy Studies Dehradun Uttarakhand 50.18 21 National University of Study & Research in Law, Ranchi Ranchi Jharkhand 47.84 22 Guru Gobind Singh Indraprastha University New Delhi Delhi 49.43 23 National Law University and Judicial Academy Kamrup Assam 49.27 24 National Law University Cuttack Odisha 48.81 25 Army Institute of Law Mohali Punjab 47.68 26 Amity University Haryana, Gurugram Gurugram Haryana 46.93 27 Sikkim Government Law College, Burtuk Gangtok Sikkim 45.92 28 Indian Law Institute New Delhi Delhi 45.40 29 Punjab University Chandigarh Chandigarh 45.21 30 For the official information, click here.

Gaurav

Sep 08, 2021

Abhishek Subbaiah on being an in-house counsel, working in various law firms and founding a law firm

Going independent as a practice or establishing and running your own law firm is no easy feat. Of course there is the advantage of self-employment and the ability to profit directly from your own efforts, but the risks are equally high. There are a number of things to be taken into account and a number of challenges to be met. We interviewed Abhiskek Subbaiah, the founder and managing partner of Bridge Legal to learn about his journey from working as an in-house counsel in the banking sector to working in a number of law firms in different cities, to currently heading his own law firm in Bangalore. We also asked him about the qualities he looks for in candidates interested in working or interning at Bridge Legal. Read on to find out! 1. Please tell us a bit about yourself. Why did you choose law as a career path? How was your experience in law school? I head a firm known as Bridge Legal along with my two Counsel, and the three of us bring years of experience in different aspects of law to the table for our set of niche clients. I graduated from the National Law School of India University in 2013 and have since worked in a multitude of large organisations including law firms before I figured that there’s no existing business model that incorporates my unique strategies – strategies that now form a core part of the philosophy of Bridge Legal. I chose law as a career because it rewards those with strong fundamentals in language and logic – two pillars of mine that I wanted to and continue to leverage to make my professional mark. Law School was, like most of my experiences with the Indian paradigm, less than ideal in almost every sense, but I’m always critically analysing our professional and educational systems, so this view may come across as being slightly negative even though my perspective and intent is borne out of a constructive set of objectives. Things seem to be changing now, but let’s just say that I’ve never been a supporter of our education system, even (or maybe especially so) at the upper echelons. 2. You began your career with banking law. What does a career in banking law entail? Banking law entails grasping a lot of knowledge with respect to regulatory procedures and protocols, while also engaging and utilising fundamental concepts such as contracts principles, property law, and classical financing documentation drafting. It’s essentially a good base that creates a good foundation no matter what sectors or industries one ends up specialising in. Money and property permeate every kind of market, really. From a career standpoint, some choose to go deeper into the industry, and I know for a fact that there is always a dearth of good banking and finance lawyers especially at the mid-senior level, so there’s scope to grow into specialised roles for those looking for such a career. 3. It is not very common for lawyers to move from in-house roles to law firms, although the other way round is fairly common. What made you switch to a law firm? (Laughs) I constantly heard that in-house roles aren’t ‘real lawyer’ roles and also that an in-house lawyers’ experience is discounted when shifting to a law firm, so that provocation combined with the fact that I wanted to learn as much as I could intrigued 24-year-old me. I didn’t mind the extra money either – Mumbai is an expensive city to live in. My first interview with a law firm occurred more than two years after I started working, as opposed to a campus interview, so having the leverage of specialised experience finally made such interviews balanced (I didn’t interview with law firms during college placement). 4. What was the nature of your role in the various law firms you have worked in? Well apart from a brief stint with one law firm that was absolutely atrocious, my other roles involved acting as a wingman to my Partner on transactions – versatility and quick learning combined with a solid work ethic was always my selling point. It wasn’t just traditional banking and finance either – I was always pushing and allowed to push for mandates that involved technology, overall management, and negotiation in niche areas. 5. You have worked in many different cities in India. How do these cities differ in terms of work culture? Well things are balancing out somewhat now but I don’t see all cities functioning at the same level of professionalism when it comes to the legal services industry (this is now changing, however – a lot of people, me included, are attempting to change the tier-2 or even tier-3 landscape). Many units of large firms in tier-2 cities essentially act as tertiary / auxiliary units apart from a few practice areas and it’s never a good feeling constantly being in the back-end; I’ve noted this to be the case across different cities although my primary experiences lie in Mumbai, Hyderabad, and Bangalore. Mumbai has its own feel, so does Bangalore – apples and oranges if you ask me and there’s no clear way to describe the differences without unfairly generalising. 6. What is the story behind ‘Bridge Legal’? What are the challenges you have faced so far as a law firm founder? Necessity, really. No organisation in Bangalore or Bombay offered the level of flexibility in terms of practice areas, billing rates, and client engagement that I deemed and deem to be a prerequisite to the next stage of disruption, so I decided to do it myself and chart my own path that reflects my philosophies and ideals. Challenges include a very traditional industry that believe it or not is highly cartelised and entrenched and typical founder challenges such as branding and marketing (which is a special level of challenge since we cannot advertise, which effectively helps the incumbents). I can’t complain much, though – it’s been a great ride thus far and our clients are really happy, with the list continuing to grow. One notable challenge is of course cost structures, since we don’t have the benefit of economies of scale that large factories have and instead choose to work as a small team of experienced lawyers. We’re expensive, and the Indian market is very slowly coming to terms with the true boutique model that offers high quality and customisation – think Patek Philippe as opposed to Rolex or Creed versus Chanel, it takes a mature and nuanced market to understand the differences and value proposition deltas between the two types of brands. 7. As a founder and recruiter, what do you look for in candidates looking to work or intern at Bridge Legal? For work, the biggest question is what one’s business plan and client base is – it goes without saying that the experience and fundamentals need to be strong. We don’t hire, we partner. Our clients know this as well – apart from the occasional apprentice and / or intern on a transaction, we’re all true Partner (equity) level professionals. For interns, I usually look for sincerity, grit, and most importantly, hunger. I’m biased towards those from smaller cities and non-metropolitan backgrounds. Internships are equally our duty to manage and impart education via, so as long as the fundamentals are in place, my biggest restriction is usually the number of interns I can bring on board depending on bandwidth. Like I said earlier, we don’t follow economies of scale, so naturally the selection process becomes very difficult and I have had to say no to a lot of promising, amazing students.

Superadmin

Sep 06, 2021

Harvard University Academy Scholars Program in Social Sciences/Law

About Harvard University Harvard University is a large, residential research university formed in the year 1636. It is located in Cambridge, Massachusetts and named after its first benefactor, the Puritan clergyman John Harvard, an alumnus of the University of Cambridge. It is one of the most prestigious universities in the world and is the oldest institution of higher learning in the United States. Harvard has students, faculty, researchers and alumni who have won Nobel Prizes, Field Medals, Academy Awards, Olympic Awards, etc more than any other university in the world. About the Program The application form for 2 Year Post-doctoral Fellowships i.e. Harvard University Academy Scholars Program is open for all recent PhD recipients and doctoral candidates in the social sciences or law for the year 2021-2022. This program is offered by Harvard University with the aim of supporting and identifying the best scholars at the entry-level of their career whose work combines disciplinary excellence in the field of social sciences or law with a command of the language and history or culture of countries or regions outside of the United States or Canada. Their scholarship may explain domestic, comparative or transnational issues. The academy scholars receive substantial financial and research assistance to undertake projects of research or acquire training in their chosen fields and areas. The senior scholars, a group of senior Harvard University faculty members act as mentors to help the academy scholars achieve their intellectual potential. Important Details Deadline for uploading Letter of Recommendation (LOR): October 1, 2021 Deadline for submitting all the applications materials: October 1, 2021 Eligibility Criteria The candidates who have recently achieved their PhD or doctoral candidates in law or social sciences can apply to this program. The candidates continuing their PhD should have completed their routine training and should be experts in their thesis writing. The candidates must have obtained their PhD after September 30, 2018, for the October 1, 2021 deadline (if completed a PhD program). The candidates are welcome without regard to nationality, gender, or race. Location The academy scholars are expected to reside in the Cambridge/Boston area. Benefits The academy scholars programs will receive an annual stipend of $70,000 i.e. 52.3 Lacs INR. The academy scholars will receive an annual stipend of $35,000 i.e. 26 Lacs INR until awarded the PhD (If selected before earning the PhD). The academy scholars will get health insurance, conference and research travel funding. Necessary documents required while applying The necessary documents required are as follows: Cover letter (including academic field, country or region of specialization and proposed research topic). CV or resume (including publications list). Research proposal (including intellectual objectives, planned methodological and disciplinary work) – maximum 2500 words. PhD program transcript copy. Three recommendation letters. How to apply? All parts of the application along with the three recommendation letters should be submitted online as pdf documents. To access the online application, click here. Contact Information For any questions or queries, please contact via this email: [email protected]. For more information on the Harvard University Academy Scholars Program, please visit here.

Gaurav

Sep 01, 2021

Nine new Supreme Court judges take oath in a single stroke

It is for the first time in its 70 year history that nine judges took the oath of office at once. Nine new judges including three women were administered the oath of office as the Supreme Court judges on 31-August-2021 (Tuesday) by Chief Justice of India (CJI) NV Ramana. With the swearing-in of the new judges, the strength of the Supreme Court has now risen to 33, including the Chief Justice of India (CJI), out of the sanctioned strength of 34. The swearing-in ceremony was held in the auditorium of the Supreme Court’s additional building complex. The 9 new Supreme Court judges who were administered the oath of office as Supreme Court judges are: Justice Abhay Shreeniwas Oka: Justice Abhay Shreeniwas Oka was born on 25th May 1960 and is also known as A. S. Oka. He did his LLM from Mumbai University and was enrolled on June 28, 1983, as an advocate. On 29 August 2003, A. S. Oka was elected as an Additional Judge of the Bombay High Court and was appointed as a permanent judge on 12 November 2005. He was appointed as a Chief Justice of Karnataka High Court on 30 April 2019 and took an oath as Karnataka High Court Chief Justice on 10 May 2019. Justice Vikram Nath: Vikram Nath was born on 24 September 1962 in Uttar Pradesh to a middle-class family. He practised at Allahabad High Court as a lawyer and on 24 September 2004, he was promoted as a judge of Allahabad High Court. On 10 September 2019, he was elevated as Chief Justice of Gujarat High Court. During the 2020 Pandemic, Vikram Nath became one of the first Chief Justice of a High Court in India to live-stream proceedings on Youtube. After the retirement of Justice Surya Kant in the year 2027, Nath is in line to become Chief Justice of India. Justice Jitendra Kumar Maheshwari: Jitendra Kumar Maheshwari was born on 29 June 1961 in Madhya Pradesh. He has worked as a practising lawyer in Gwalior and has been a Chief Justice of Sikkim High Court. He has also served as Chief Justice of Andhra Pradesh High Court and Judge of Madhya Pradesh High Court. Justice B V Nagarathna: B V Nagarathna was born on 30th October 1962 in the Mandya district of Karnataka. She is the daughter of E.S. Venkataramiah, former Chief Justice of India. She got her law degree from Campus Law Center, Faculty of Law, University of Delhi. Nagarathna was enrolled with the Bar Council of Karnataka in the year 1987. She was appointed as an additional judge of the Karnataka High Court in 2008 and was appointed as a permanent judge on 17 February 2010. She is in line to become the first woman Chief Justice of India in 2027. Justice Hima Kohli: Hima Kohli was born in New Delhi on 2 September 1959. She completed her degree in law from the Campus Law Centre, University of Delhi and was enrolled with the Bar Council of Delhi in 1984. Kohli was appointed as an additional judge of the Delhi High Court on 29 May 2006. She was also appointed as the Chief Justice of the Telangana High Court in 2021. Justice Hima Kohli is also known as the first woman judge to occupy the position in Telangana High Court. Justice C T Ravikumar: C T Ravikumar was born on 6 January 1960. He obtained his law degree from the Government Law College, Kozhikode. On July 12 1986, he got enrolled as an advocate and started practising in civil, criminal, service and labour matters. On 5 January 2009, Ravi Kumar was appointed as an additional judge of Kerala High Court and was made a permanent judge on December 15, 2010. Justice M M Sundresh: M M Sundresh was born on July 21, 1962 at Erode district in Tamil Nadu. He obtained his law degree from the Law College of Madras. M. M. Sundresh was elevated to the Madras High Court on 31 March 2009 and his appointment was made permanent on 29 March 2011. He has practised in all the fields of law at Madras High Court. Justice Bela M Trivedi: Bela M Trivedi was born on June 10, 1960. She has practised in civil, criminal and constitutional matters as an advocate in Gujarat High Court, Ahmedabad. Trivedi was elevated to the Gujarat High Court as an additional judge on February 17, 2011. In June 2011, she was transferred as an additional judge of the Rajasthan High Court. She was shifted back to the Gujarat High Court in February 2016. Justice Trivedi is the first woman judge from the Gujarat High Court to be elevated to the Supreme Court. Justice P S Narasimha: P S Narasimha was born on May 4, 1963 and brought up in Hyderabad. He is the son of renowned Justice P. Kodanda Ramayya, the founder chairman of a publishing trust known as ‘Arsha Vijnana Trust’ and also the author of “The Message of Mahabharata”. He was appointed as an Additional Solicitor General of India in 2014 and subsequently resigned in 2018. Narasimha is one of the few to be directly elevated from the advocate’s room to being a judge of the Supreme Court.

Superadmin

Aug 23, 2021

Bowie Bonds: Securitisation of Intellectual Property Rights

Introduction Almost everyone knows David Robert Jones, a.k.a David Bowie as one of the leading and influential figures of the music industry in the 20th Century. His distinct visual style of presentation, coupled with amazing music and stagecraft had a significant impact on popular music. His alter ego Ziggy Stardust, became a figurehead of the LGBTQ movement at a time when mainstream society had not yet learnt to accept alternative lifestyles and helped people understand and accept notions such as homosexuality. He experienced a resurgence in popularity in the 21st century with a starring role in Christopher Nolan’s The Prestige as Nikolai Tesla, where he often overshadowed the other actors when he was on screen, and when his seminal song “Moonage Daydream” was used in the movie Guardians Of The Galaxy. In addition to being a trailblazing artist, he was a financial genius as well. Bowie Bonds In February 1997, David Bowie realised a vision, devised over lunch two years prior with Dr. Richard Sandor and film director Krzystof Kieslowski, the vision of issuing royalty backed securities totalling USD 55 million, a first in the entertainment and financial industries. The underlying asset of the securities issued as bonds, was the royalty payable from 287 songs that comprised 25 albums that David Bowie had written and recorded prior to 1990. The securities had a 10-year maturity, a Moody’s A3 rating, and a 7.9% interest rate. These security instruments became popularly known as Bowie Bonds. The entire issue was purchased by the Prudential Insurance Company. Assisting David Bowie in the transaction was David Pullman, the banker who created the bonds and helped sell them. The issuance of Bowie Bonds showed that intangible assets such as intellectual property may be securitised. The main benefit of this transaction was that David Bowie did not have to pay any tax on the royalty streams for the life of the bonds and kept any future copyrights with himself. The credit rating of the bonds were enhanced as they were guaranteed by David Bowie’s record label EMI. David Bowie was the ideal musician to securitise his own intellectual property because he controlled all the rights associated with the collection of works that was underlying the bonds. In addition, these assets had predictable cash flow over a long enough period of time, making them attractive as asset backed securities. This made the bonds attractive to investors because they presented at the time what was viewed as a steady long term investment. It also allowed fans of David Bowie’s music to own a piece of their favourite rock star. David Bowie used the proceeds from the bond issuance to purchase back the rights to his remaining catalog of works that was owned by his manager, thereby regaining complete control of his intellectual property. How Securitisation of Intellectual Property Rights Works In such a securitisation process, the owner of the intellectual property assigns the assets to a special purpose vehicle (“SPV”), which is usually a company. David Bowie had agreed to transfer the royalty streams of his music from the 25 albums into the assets of the Bowie Bonds to be held by the SPV. The SPV acts as an issuer of the bonds based on revenue streams backed by the rights in the intellectual property assigned to it and uses the proceeds from the security issuance to pay back the owner for the initial assignment. The basic outline of the bond issuance can be seen in the flow chart set out below: Were Bowie Bonds Viable The Bowie Bonds faced a major hurdle in 2004, triggered mostly by illegal download of music and the rise of internet piracy in the wake of Napster. Moody’s downgraded the ratings of the bonds from A3 to Baa3, or one notch above junk status. This downgrade was prompted by lower than expected revenue generated by the assets due to lessened sales of recorded music. Bowie had said in a 2002 interview with the New York Times: “The absolute transformation of everything that we ever thought about music will take place within 10 years, and nothing is going to be able to stop it. I see absolutely no point in pretending that it’s not going to happen. I’m fully confident that copyright, for instance, will no longer exist in 10 years, and authorship and intellectual property is in for such a bashing.” “Music itself is going to become like running water or electricity,” he added. ”So it’s like, just take advantage of these last few years because none of this is ever going to happen again. You’d better be prepared for doing a lot of touring because that’s really the only unique situation that’s going to be left. It’s terribly exciting. But on the other hand it doesn’t matter if you think it’s exciting or not; it’s what’s going to happen.” Despite the downgrading, investors were still drawn to the instruments. In 2005, James Altucher, a hedge fund manager had this to say for a piece in the Financial Times: “I like the asset-backed lending space because it usually involves significantly higher-than-prime interest rates, and assets backing the coupon payments in the case of a default.” However, there was a turn in the fortune of the bonds due to the advent of legal online music retailers such as Spotify, that regularised the sharing and access of music in the digital space and brought order to the disarray of music piracy over the internet. The Bowie Bonds matured in 2007 when they were liquidated and the assets were returned to David Bowie. However the role of Bowie Bonds in the history of securitisation is worth noting. The Bowie Bonds were transparently structured, with clear details of the underlying income generating assets being made known to investors. David Bowie had composed, recorded and performed the majority of the music by himself. In addition, Bowie had retained ownership of the 25 albums that were the underlying assets of the bonds. Therefore, Bowie had the right to collect all royalties for use of the work, without having to share it with other parties. Further, since he was a solo artist and solo composer, there were few third parties with whom he was obligated to share the royalties with. There were no copyright disputes in relation to the intellectual property as well. It ensured that the royalty stream to the assets of the Bowie Bonds flowed in steadily and uninterruptedly. Scope of Securitisation of Intellectual Property Rights Royalty based securitisation of intellectual property provided better monetary rewards, was better than waiting for royalty checks to come in and provided limited risk to an artist or songwriter from whose intellectual property, the securities were being created. The artist was leveraging his risk of not getting as much royalty as expected by transferring the risk to the investors who purchased the bonds. Even if the bond collapsed, the artist would only lose claim to his catalogue of works that formed the basis of the assets, and the investors would not be able to go after any other assets of the artist. The success of the Bowie Bonds had briefly woken up the music industry to the financial rewards that can be achieved via securitisation of intellectual property in the capital markets. While other well known musicians such as singer James Brown, musicians Isley Brothers, the Holland-Dozier-Holland publishing catalogs and heavy metal band Iron Maiden have followed David Bowie’s lead and issued their own intellectual property backed securities, the financing tool has failed to gain widespread acceptance. One of the main reasons for this was that the creative industry itself was not conducive to the growth of securitisation. Very few artists truly gain the success enjoyed by someone of Bowie’s stature. Even lesser artists have a career spanning as long as Bowie, with a consistent annual royalty flow. Investors would be reluctant to securitise the future royalties of an artist, songwriter or publisher without having historical data that demonstrates a reliable and predictable stream of royalty. Relevance of Securitisation of Intellectual Property Rights these days Since the onset of the Covid-19 pandemic, the global economy has been thrown into a turmoil. With no signs of the situation improving or the pandemic letting up, it would gradually become more difficult to conduct simple financial transactions such as obtaining loans from banks by providing security or to raising money from primary or secondary financial markets by issuance of securities. The only solace we have had in these trying times, locked in our homes, when even sporting events have been cancelled, is by turning to artists and creators. When we are unable to go out to meet our friends, watch movies in theatres or eat dinner with our friends, we utilise that time to read the books that we never found time for, or discover new music. No matter how transient other material aspects of our lives are, art has been constant. Creativity can never be contained, as even in the lockdown, artists continue to churn out new music, write books and create videos for our entertainment. Satellite broadcast of movies directly to our homes is steadily gaining traction, with streaming services such as Amazon Prime, Netflix and Hotstar Multiplex leading the charge. Along with consistency in creation of intellectual property, comes a consistent and steady stream of royalty. Further, with the advent of mediums such as Youtube, Tiktok, and Amazon Publishing that allows artists to retain control and copyright over the work they create, while simply providing them with a medium to publish or stream such content, the number of conflicts that artists have to engage with to retain claim over their intellectual property rights is gradually lessening, leading to the artists receiving undisputed monetary return on their content. Artists also have a chance to increase their revenue with corporate tie ups and brand promotions on their channels, thereby improving the quality of the intellectual property. I feel that it might be time to consider and revisit the securitisation of intellectual property once again, especially by creators who have amassed a large body of work, such as Stephen King, JRR Tolkien, Rolling Stones and Metallica. It would not matter whether the artist has passed away or is still alive as most of the assets of well known creators are managed by their estates with uncontested titles of ownership to their works. Till the time the works come into public domain, such works continue to generate royalty, upon which the sole claim lies of the artist creating such works. In a situation when only a few big players such as Reliance Industries Limited are able to obtain funds from the capital markets based on their existing business assets, and most other entities continue to languish, securitisation of intellectual property might be a place worth looking into. It is an untapped wealth, and might provide a boost in the arm that the markets need. The fact that the global markets are ready for such alternate instruments has been proven by the success of Infrastructure Investment Trusts and Real Estate Investment Trusts. Securitised intellectual property is another instrument that will continue to generate steady income. Artists will benefit from it as well, as they will be able to obtain capital from investors based on their work, without needing to approach financial institutions for loans. Such bonds are low risk instruments, and would appeal to investors such as pension funds that are looking to invest long term. Once the process of securitisation of intellectual property gains traction, it will encourage artists to create more original work that they may securitise and use to raise money from the markets. It is a scope for mutually assured growth. The revered actor and geek icon Leonard Nimoy, playing the character of William Bell in the science fiction television show Fringe had famously said, “For in the vacuum created by the loss of what is most precious, opportunity abounds, influences maximize, and desire becomes destiny.” What we have here is a chance to create something innovative, truly remarkable and unique, based on the sweat and toil of people whom we usually take for granted, but who have continued to entertain us through the years with their creations. It might be worth considering securitisation of intellectual property as the way forward to sustain the world economy and build a better future. - SOUMIK CHAKRABORTY About the Author - Soumik Chakraborty is a practising intellectual property rights lawyer, currently based out of Kolkata, India. He has been practising as a lawyer for the past six years. Soumik is an afficionado of science fiction and horror stories, and has written three self published e-books; “Ambrosial” (A science fiction romance story about two lawyers, spanning across alternate universes, written in 2020 before the Loki series made the multiverse cool) “This Is ALAN TUMREK” (His love letter to head banging heavy metal music) and “Eldritch” (a collection of short stories of horror and the macabre inspired by the works of H.P. Lovecraft and Ray Bradbury). Soumik writes under the pseudonym of Soumik R. Chakraborty, in order to distinguish himself from other Soumik Chakrabortys who also happen to write (as good IPR etiquette dictates). All his e-books are presently available on the Kindle Store on Amazon.

Superadmin

Aug 19, 2021

AIBE XVI (16) 2021: Application Deadline Extended, Check Revised Exam Schedule and More

The Bar Council of India (BCI) has released the new schedule for the All India Bar Examination XVI (16) 2021 on the request received from advocates, students whose final year LL. B examinations got delayed due to the ongoing impact of the Covid-19 pandemic. AIBE 16 will be held on October 31 in offline mode i.e. pen and paper mode. The examination was earlier scheduled to be held on April 25. The candidates who wish to appear for the AIBE 2021 can register till September 25, as per the revised schedule. The payment of the fee is to be done by September 28. AIBE which is also recognized as the All India Bar Council Examination is conducted as a national level examination by the Bar Council of India to check the student's analytical and logical skills along with the basic understanding of law/legal topics to evaluate whether the registered advocates or recent law graduates can practice Law in India. AIBE XVI onwards is to be conducted in closed-book format. It means no study materials like – books, notes will be allowed inside the examination hall. However, the candidates would be allowed to carry Bare Acts. How to apply for the All India Bar Examination (XVI) - 2021? The aspirants can follow the instructions which are mentioned below in the step to apply for AIBE 2021: Step 1: Visit the official website of AIBE i.e. https://allindiabarexamination.com/. Step 2: On the homepage, click on the link which reads, Registration (AIBE - XVI). Step 3: After clicking on the Registration (AIBE - XVI), you are required to fill in all the required details like - name, contact details, educational qualifications, etc. Step 4: Upload all the required important documents i.e. photograph, signature, photo id, enrolment certificate, etc. The documents should be self-attested. Any document uploaded without self-attestation will be rejected or disqualified. Step 5: Pay the AIBE 16 registration fee. Step 6: Submit the AIBE 16 application form. Step 7: It is recommended that you download and keep a printout of the application form for future reference. AIBE XVI 2021 Revised Dates The revised schedule for the AIBE XVI 2021 is mentioned below in a tabular form: Activity Important Dates Online registration begins from 26th December 2020 Bank payment through challan starts from 26th December 2020 Online registration close 25th September 2021 The last date for payment is 28th September 2021 The last date for completion of the online form is 4th October 2021 Online release of admit cards 11th October 2021 Date of examination 31th October 2021

Gaurav

Aug 18, 2021

What if you don't get through CLAT?

The Common Law Admission Test also known as CLAT is one of the most competitive law entrance exams in India. Only candidates with good preparation can crack this test. Each year, approximately 70 thousand students appear for the CLAT to get admission into the CLAT UG and CLAT PG programmes which are offered by the 23 National Law Universities in India. In 2021, 62,106 students appeared for the test. With 2522 seats in CLAT UG and 1635 seats in CLAT PG, only a few of them get a chance to clear the national-level law entrance exam. However, with the limited availability of seats in National Law Universities, the competition is increasing each year. Understandably, some students might not qualify for CLAT due to lack of effort or some unforeseen reasons. After being unsuccessful, some common questions that bother the candidates are: is it okay to drop a year for CLAT preparation? Will I be able to get better marks and score next year in the CLAT exam? Candidates at this point need to understand that there are alternative career options open to them and if they make the best of these options, they can be equally successful in future. So, below are a few options you can consider if you couldn’t clear the CLAT exam. Opt for a degree in a related field If the students want to become successful lawyers then they can first pursue an undergraduate degree in a related field like - BBA, B. Com, BA courses, etc. After graduation, they can apply for a 3 year LLB course. Below are a few well-established universities that offer the 3-year LLB course: Faculty of Law, DU Symbiosis Law College, Pune Jindal Global Law School, Sonipat Government Law College, Mumbai ILS Law College, Pune University College of Law, Osmania University, Hyderabad Consider other law entrance exam Apart from CLAT, there are other Universities and Institutes like - National Law University Delhi, Symbiosis Law School, Jindal Global Law School, KIIT School of Law, ICFAI Law School, Patna Law College, University of Allahabad, Osmania University Hyderabad, Law School Admission Council, etc. which conduct their own law entrance exam to shortlist suitable candidates for LLB programs. The entrance exams are held for both UG and PG programs in Law. Repeat a year and prepare for CLAT Many students are adamant to pursue law by cracking the CLAT exam only. In that case, the candidates can take a year gap to prepare for the CLAT. Dropping a year can be a tough decision. So the candidates should think, consult and then make a final decision. They should be able to prioritise the exam and commit to it. Also, this will add additional stress on the candidates to score higher marks and perform better than the previous year. Consider a career change There might be some reason behind appearing for the CLAT exam and pursuing a law degree. It can be either from family pressure or a friend's advice. Not clearing CLAT is not the end of the world. Nowadays, there are numerous career options and plenty of opportunities for students, for example, journalism, business development, company secretary, etc. It's all about understanding your interests, skill-set, talent better than law and what they are truly passionate about. Explore professions related to law A professional program that can assist the candidates to enter the world of legal studies is Company Secretary (CS). They work as advisors to the Board of Directors and advise the company on acceptable governance practices, negotiation, etc. They work as in-house legal experts of the company and hold all information and knowledge relating to Company Law. One does not require a law degree to be a part of this field. Company Secretary is a professional program with three stages - Foundation Program, Executive Program and Professional Program, followed by 1 year of compulsory internship. Aspirants can pursue this post-class 12th alongside any regular degree program. Thus, while the aspirant will not be called a lawyer, they will still be in a related field and will get to practice law in one way. CLAT PG Papers: https://drive.google.com/drive/folders/1qx2W-G5ozt_RlmDNfJtEXPPCWEa_MZ0b?usp=sharing CLAT UG Papers: https://drive.google.com/drive/folders/1tMutyQog32QpOui24z2eT1S_eQNCMikQ?usp=sharing

Gaurav

Aug 17, 2021

National Law University, Delhi Academic Fellowships 2021

About National Law University, Delhi One of the top law schools in India, the National Law University, Delhi was established in the year 2008 under the leadership and guidance of Professor Ranbir Singh, the former Founding Vice-Chancellor of the Nalsar University of Law, Hyderabad. The University was inaugurated by the then President of India, Pratibha Patil. The University has been ranked 2nd among the top law colleges in India in 2020 by the National Institutional Ranking Framework (NIRF). It has been recognized by the University Grants Commission (UGC) and affiliated with the Bar Council of India (BCI). The National Law University Delhi, one of the top law universities in India offers an undergraduate academic programme i.e. a five year integrated BA LL.B (Hons.) and a one-year postgraduate academic programme i.e. Master of Law (LLM). It also offers Doctor of Philosophy (PhD), professional academic programmes and certificate courses for non-lawyers. The university admits 120 students into the Bachelor of Arts and Bachelor of Legislative Law (BA LLB) Honours programme and 80 students into the Master of Law (LLM) through the All India Law Entrance Test (AILET). Since its inception, the University has established many research centres like - Centre for Communication Governance, Centre for Innovation, Intellectual Property and Competition, Centre for Corporate Law and Governance, Centre for Criminology and Victimology, Project 39A, etc. About the Academic Fellowships The National Law University, Delhi invites applications for 10 Academic Fellows towards teaching and research subjects like - Public International Law, Private International Law, Environmental Law, Law, Science and Technology, Media and Communication Law, International Trade Law, Competition Law, Jurisprudence, Criminal Law & Criminal Justice, Administrative Law, Constitutional Law, etc. This academic fellowship programme has been created by the University to nurture early-career academics in teaching, research and development. The academic fellows are expected to contribute to the growth and development of the university. They will be mentored by senior experts and faculty members. The applications are invited from academics and early career scholars in law, social sciences, humanities, technology and other disciplines. Eligibility Criteria Applicants must have an LL.M or relevant Master’s degree in Social Sciences / Humanities / Science and Technology from a recognized Indian or foreign university with a minimum of 55 per cent marks and a good academic record. Applicants should not have qualified for their 1st undergraduate degree before 01-01-2016. Applicants who are applying with a relevant Masters degree in Social Sciences / Humanities / Science and Technology / Engineering must have a clear and demonstrable track record of interdisciplinary research involving the law. Nature of Appointment and Pay Scale Pay Scale: INR 50,000 per month Nature of Appointment: Contractual How to Apply? The interested candidates are requested to submit their applications by clicking here. The last date for submission of applications is 22 August 2021, till 11: 59 PM. Document to be submitted The interested candidates have to submit the below-mentioned document digitally: Statement of Purpose (750 words). Resume, including publications authored or co-authored, if any. Statement of Proposed Research (750 words). Copy of undergraduate degree, clearly indicating date and year of graduation. Copy of master’s degree, clearly indicating date and year of graduation. Any other document relevant to this application not already submitted above.

Gaurav

Aug 12, 2021

Problems with CLAT exam since 2009

Problems with CLAT exam since 2009 Common-Law Admission Test (CLAT) was introduced in 2008 under the supervision and direction of the then Chief Justice of India (CJI) K.G. Balakrishnan. CLAT is a national level entrance test, conducted by the Consortium of NLUs for admission to 23 National Law Universities (NLU) in India: National Law School of India University, Bangalore NALSAR University of Law, Hyderabad The West Bengal National University of Juridical Sciences, Kolkata National Law Institute University, Bhopal National Law University, Jodhpur, Jodhpur Gujarat National Law University, Gandhinagar Hidayatullah National Law University, Raipur Dr. Ram Manohar Lohia National Law University, Lucknow Rajiv Gandhi National University of Law, Patiala National Law University and Judicial Academy, Assam, Guwahati National Law University Odisha, Cuttack National University of Advanced Legal Studies, Kochi Chanakya National Law University, Patna National Law University, Delhi Damodaram Sanjivayya National Law University, Visakhapatnam National University of Study and Research in Law, Ranchi Tamil Nadu National Law University, Trichy Maharashtra National Law University, Mumbai Maharashtra National Law University, Nagpur Maharashtra National Law University, Aurangabad Himachal Pradesh National Law University, Shimla Dharmashastra National Law University, Jabalpur Dr. B.R. Ambedkar National Law University, Sonipat Since 2008, this examination has been conducted every year. Before CLAT, autonomous law schools held their own entrance exams, requiring the applicants to appear independently for each of these tests. This also meant that separate fees had to be paid for each of these exams. The scheduled dates of these exams often clashed with each other, causing aspirants to miss tests and lose opportunities. These were the reasons CLAt was introduced. However, CLAT has had a bad reputation owing to mismanagement and controversies surrounding it. There have been many discussions around it as well as many PILs have been filed over the years against it. Sequential record of glitches in CLAT CLAT, 2009 CLAT 2009 was convened by NALSAR University of Law, Hyderabad. The test got deferred after a leak of question papers when exam authorities discovered locked steel boxes with the test materials altered while it was on the way to test centres. CLAT, 2010 was held by National Law Institute University, Bhopal. No issues were faced by candidates this year. CLAT, 2011 In 2011, CLAT was organised by the National University of Juridical Sciences (NUJS), Kolkata. The issues faced by competitors included: The examination paper was very lengthy in relation to the time limit of two hours. Twelve questions of the several parts had underlined and highlighted answers because of the carelessness of the coordinators. CLAT, 2012 In 2012, CLAT was organized by the National Law University, Jodhpur. Controversies included: A few questions were asked out of the syllabus. The official committee also admitted 2 mistakes in the question and answer key. The first allotment list was removed from the official website the day after it was put up because of the errors it contained regarding ranks. After a few days, a new allotment list was published again on the website. CLAT, 2013 In 2013, CLAT was conducted by the Hidayatullah National Law University, Raipur (HNLU). This year there were mistakes in the allotment of university to the students. HNLU received a notification by Justice K. Surendra Mohan, Kerala High Court in response to a writ appeal filed by four students for stay of the allotment process, and correction of the errors. In the allotment list, applicants were wrongly assigned to Chanakya National Law University (CNLU), Patna rather than their preferred university, National University of Advanced Legal Studies (NUALS), Kochi and this occurred despite them having a higher rank to join NUALS. CLAT, 2014 The results of the CLAT 2014 were declared by Gujarat National Law University (GNLU) and were withdrawn. Complaints were filed for re-examination. Uploaded OMR sheets were physically verified in the GNLU Campus since students demanded the same. There was a mismatch between barcode stickers on the front page and candidates’ stickers on the back page and so, reconciliation of all OMR answer sheets was done. CLAT, 2015 In the year 2015, CLAT went online and the convenor of CLAT 2015, Ram Manohar Lohia National Law University (RMLNLU) Lucknow. The candidates faced different issues, for example: The question paper contained typographical errors and the authority rejected 2 questions totally because of the ambiguity it contained. 6 questions had wrong answers in the model answer key declared by the committee. Few questions were asked from old papers and the question paper was mismatched with the real standard as set on the official website. Numerous aspirants who had scored sufficient marks to get a place in the merit list of their most preferred National Law Universities (NLUs) were allotted the less preferred ones. CLAT, 2016 In 2016, the CLAT exam was mismanaged to such an extent that an article named it ‘Cataclysm’. CLAT 2016 was conducted by Rajiv Gandhi National University of Law (RGNUL), Patiala and the students were confronted with different issues like: During the time of opening of the application forms, it was not available for 24 hours which caused agitation in candidates. There were typographical mistakes in the question due to which the committee gave notice on the official website for changing an answer in the model answer key. One question got cancelled by the exam authority and the performance was assessed and evaluated out of 199 questions as opposed to 200. After announcing the results, the exam authority postponed the allotment list of students because of unknown reasons. CLAT, 2017 The convenor Chanakya National Law University (CNLU), Patna encountered a writ appeal in Delhi High Court for its careless conduct in outlining the examination paper. CLAT 2017 had numerous mistakes. 4 wrong questions were rejected by the organizing committee after assessment. The exam authority accepted 3 wrong answers that were given in the answer key. No questions were asked from the General Knowledge and Awareness section. 1 question in the Mathematics section was discovered to be completely out of the syllabus. The test screen was unable to capture the answers marked by the students and the computer screen was blurring out. CLAT, 2018 CLAT, 2018 was organized by National University of Advanced Legal Studies (NUALS), Kochi. Many candidates asked for re-examination and many petitions were filed this year. Following were the controversies surrounding CLAT 2018: Almost 14 exam centres faced technical problems due to the shut down of a few computers which caused anxiety among the candidates. In a few exam centres, the test began with clear screens and the clock had started, and to overcome this tough situation, the students were asked to restart their computers to continue the test. The system continued to hang even in the middle of the test. A few exam centres faced the problem of power cuts during the test. Biometric Verifications were very slow. Infrastructural inadequacies were additionally a part of the issue as there was a miscommunication in regards to centre names or areas, misallocation of seats and absence of proper ventilation. In some places, pen and paper were not given as required and no preparation test was conducted as the examination centres were behind schedule. Few computer mouses were not working properly which resulted in skipping a few questions and not saving the answers. CLAT, 2020 In 2020, the National Law School of India University (NLSIU), Bangalore announced that they would withdraw from the CLAT and conduct their own entrance examinations, the National Law Aptitude Test (NLAT). However, the Supreme Court of India struck down this and ordered the university to re-join CLAT. CLAT, 2021 In 2021, there were errors in the answer key. Some questions were wrong. The Consortium of National Law University received more than 1000 objections from the candidates who appeared in the CLAT 2021. The committee deleted one question i.e. Q.No 143 from CLAT UG paper and modified two answers of Q.No 86 and 145 in the CLAT UG answer key. Thus, the results were declared based on 149 marks instead of 150 marks. CLAT PG Papers: https://drive.google.com/drive/folders/1qx2W-G5ozt_RlmDNfJtEXPPCWEa_MZ0b?usp=sharing CLAT UG Papers: https://drive.google.com/drive/folders/1tMutyQog32QpOui24z2eT1S_eQNCMikQ?usp=sharing

Gaurav

Jul 26, 2021

How to become a Law Professor in India?

Teaching law is not a simple thing and getting a job as a law professor to teach law is also not an easy task. To get a job as a law professor, an individual needs to be brilliant, smart, clever, logical, energetic, positive, etc. Law teaching and training is an excellent profession and career that can offer a good salary and incentives. A law professor plays a vital role in imparting both theoretical and practical aspects of law education to law students. If the candidates want to pursue a career as a professor in law and have a strong commitment and desire for it, then they must know the below information on how to become a law professor in India. Professor (Law) An individual should be an eminent scholar with a PhD degree. An individual must have published work of high quality, actively engaged in research activity with evidence of published works having at least 10 publications as books/research/policy papers. An individual must have at least 10 years of teaching experience in a reputed university/college. An individual must have experience in research work at the university as well as national level institutions, including experience in directing and guiding students for research at the doctoral level. An individual must have contributed to educational innovation, designed a new curriculum, courses and technology-mediated teaching-learning process. An individual must have a minimum score as specified in the Academic Performance Indicator (API) based Performance Based Appraisal System (PBAS). Associate Professor (Law) An individual should have a good academic record with a PhD. Degree. An individual must have a master’s degree with a minimum of 55% marks or an equivalent grade in a point scale of the UGC in the LL.M. Degree from any recognized university or an equivalent degree from any best foreign University. An individual must have at least 8 years of experience of teaching or research in an academic position equivalent to that of Assistant Professor in a university, college or accredited research institution excluding the period of PhD. Degree research with evidence of quality published work and a minimum of 5 publications as books or research or policy papers. An individual must have contributed to educational innovation, designed a new curriculum, courses and technology-mediated teaching-learning process with evidence of having guided doctoral candidates and research students. An individual must have a minimum score as specified in the Academic Performance Indicator (API) based Performance Based Appraisal System (PBAS). Assistant Professor (Law) An individual must have a sound academic record with a minimum of 55% marks (or an equivalent grade in a point scale wherever grading system is followed) in the LL.M. Degree from an Indian University or an equivalent degree from any top foreign university. The candidates must have 1 year of experience in the field of teaching/research at a renowned university/college level. The candidate must have cleared the NET, commonly known as the University Grants Commission National Eligibility Test (UGC NET), which is a competitive exam organized by the National Testing Agency (NTA) to select appropriate aspirants for the post of a law professor. The candidates who have been granted a PhD. Degrees are exempted from the prerequisite of the minimum qualification state of NET. The General Category students have to score at least 55% marks in the qualifying examination to appear in NET and the SC/ST/OBC/PWD candidates get relaxation in respect of percentage. However, PhD Degree holders are not needed to appear in NET. Age Limit Conditions There are no age limit criteria for applying to the post of Assistant Professor in Law background. Many individuals choose this career after gaining a few experiences, which shows to help them get the job. Skills Required to Become a Law Professor Apart from eligibility conditions, the candidates have to develop a set of skills to pursue a career as a law professor. The list of skills required to become a law professor in India are mentioned below: Passion for teaching Deep interest in the law subject Sound understanding of the law subject Creativity to find innovative ideas for teaching and training Desire to learn new concepts Excellent communication In-depth research and writing skills Problem-solving ability Time management

Gaurav

Jul 23, 2021

Eligibility Criteria for CLAT

The Common Law Admission Test (CLAT) is a national level entrance exam conducted every year by the Consortium of National Law Universities for admissions to undergraduate (UG) and postgraduate (PG) law programmes offered by 22 National Law Universities (NLU) around India. The CLAT is one of the most popular entrance exams in India. The Consortium of National Law Universities establishes the eligibility criteria for the CLAT. These criteria are also subject to the rules set by the Bar Council of India (BCI). Apart from the CLAT eligibility conditions, the students must also read the rules created by the participating National Law Universities. As per the Common Law Admission Test (CLAT) eligibility conditions, an individual appearing for CLAT UG should have done Class 12th with a good score (see below for cut-off for UG and PG) and the candidates who want to appear in CLAT PG should have finished their graduation in LLB with an excellent score and the percentage. There is no age bar for giving the CLAT exam. The eligibility norms are different for CLAT UG and CLAT PG programmes. The aspirants who are looking to appear in CLAT and are keen to pursue LLB and LLM courses in the top law schools in India must look at the below-given eligibility criteria for admission. Nationality An individual must be an Indian and must have Indian citizenship. Age Criteria There is no age boundary to apply and appear for Common Law Admission Test (CLAT) Undergraduates (UG) and Postgraduates (PG) exam. Number of Attempts As there are no age conditions and restrictions for CLAT, the students can appear for the exam as many times as they want. Educational Qualification For Undergraduate (UG) Programmes Qualifying Exam: An individual must have passed and cleared the Higher Secondary School (HSE)/Intermediate or equivalent examination from 10+2 standard from a recognized college and a board. Minimum Marks: The students must have scored a minimum of 45 per cent of total marks and if the candidate is belonging to the SC/ST category, they should have at least 40 per cent of aggregate marks. For Postgraduate (PG) Programmes Qualifying Exam: The candidates must have done the Bachelor of Laws (LL. B) or 5-year Integrated Bachelor of Laws (BA.LLB, B.Com LLB, BBA LLB, BSc LLB, etc) degree from a recognized college/university as required by the participating universities. Minimum Marks: The aspirants must have scored a minimum of 50 per cent marks and 45 per cent in the case of SC/ST applicants. Important Note: The students who are having supplementary exams can also appear for the CLAT exam, but they have to qualify for the supplementary exam and have to show valid proof of passing an exam. CLAT PG Papers: https://drive.google.com/drive/folders/1qx2W-G5ozt_RlmDNfJtEXPPCWEa_MZ0b?usp=sharing CLAT UG Papers: https://drive.google.com/drive/folders/1tMutyQog32QpOui24z2eT1S_eQNCMikQ?usp=sharing

Gaurav

Jul 15, 2021

Comparative Advertising - Legality in India

In today’s world, where the role of electronic media is rampant, advertising is a major tool to reach the masses. Visual representation has always had a lasting impact on the mind of consumers. Comparative advertising is a practice where a producer while advertising his product compares it with the product of the competitor by reference or by any representation of competitor's product. The producer uses the products of its competitor as a standard or benchmark and claims to exceed it. Comparative advertising displays a comparison of two different brands on numbered variants like price, quality by referring the alternative brand by name, visual illustrations or other distinctive attributes. The Delhi High Court in Reckitt & Coleman of India v. Kiwi T.T.K[1]., explained the concept of disparagement in regard to comparative advertising, stating that a manufacturer is entitled to make a statement that his goods are the best and also make some statements for puffing of his goods and the same will not give a cause of action to the other traders or manufacturers of similar goods to institute proceedings as there is no disparagement or defamation or disparagement of the goods of the manufacturer in so doing. However, a manufacturer is not entitled to say that his competitor's goods are bad as to puff and promote his goods, and concluded that comparative advertising cannot be permitted which discredits or denigrates the trade mark or trade name of the competitor. There is no specific legislative mechanism regulating comparative advertising in India therefore various statutes and the precedents set by various courts are followed while adjudging such matters. Legal Framework Trademarks Act, 1999. Section 29(8) of Trademarks Act, 1999 says that, A registered trade mark is infringed by any advertising of that trade mark if such advertising: (a) takes unfair advantage of and is contrary to honest practices in industrial or commercial matters; or (b) is detrimental to its distinctive character; or (c) is against the reputation of the trade mark. The above mentioned provision mentions that if an act while advertising a particular mark is done to take unfair advantage of another mark, or is detrimental to the very distinct character of the other mark and is also against the reputation of the trade mark, then such act is an infringement and necessary action can be taken against the infringer. One cannot use the mark of another for his own profit. Section 30 of Trademarks Act, 1999 says that, Nothing in section 29 shall be construed as preventing the use of a registered trade mark by any person for the purposes of identifying goods or services as those of the proprietor provided the use—(a) is in accordance with honest practices in industrial or commercial matters, and (b) is not such as to take unfair advantage of or be detrimental to the distinctive character or repute of the trade mark. The above mentioned provision justifies comparative advertising authorising every person to use a registered trade mark for the purpose of identifying goods or services of the competitor but such use must only be done in accordance with the honest and fair trade practices. There should not be any mala fide intent to gain advantage of competitor's goodwill behind such use. Consumer Protection Act, 2019 Section 21 (3) states that the CCPA can prevent the endorser of any such misleading and false advertisements from endorsing any other products or services for a period of one year. The issuer of any misleading advertisements shall also be liable to neutralise the effect of such advertisements. Section 21(4) of the Act, any person who publishes false and misleading advertisements may be punished with imprisonment or a penalty that may extend up to ten lakh rupees. Apart from the Statutory provisions, Advertising Standards Council of India has specified the certain norms or guidelines which should be kept in mind while promoting their goods through ads in its Code of Conduct, 1985. The guidelines states as follows: The producer must only make honest representation in the ads; The ads must not be offensive in any way to the general public; Ads must not be used for the promotions of products, hazardous or harmful to society or to individuals particularly minors, to a degree unacceptable to society at large; Ads must not in any way hamper competition. Remedies Available Awarding Damages- Injunction is the only remedy given by the court in the matter of product disparagement. The most potent argument for the popularity of this remedy is that it eliminates the abusive advertisement from the market place. The purpose of which is to implement a court’s judgment that a wrong has been and will be committed, and to restore the beneficiary to its rightful position. Corrective Advertising- The Court may order specific language of the corrective advertisement and the duration of the campaign for the above. The statement in the corrective ad would be selected to counteract the misleading or false message of the abusive ad. The corrective advertisement must be designed to stimulate truth in the consumer’s minds while erasing the earlier deceptive message, which caused confusion and thus affected purchase decisions. Furthermore, corrective advertising helps support future truthful ads. Monetary Awards- Dishonest comparative advertising is an attempt to malign the competitor’s product. Since it causes special damage to the product, that is pecuniary harm, damages must be awarded to the aggrieved party. Reference: Comparative Advertising: How far can one go?. Link can be retrieved here: https://www.mondaq.com/india/trademark/371760/comparative-advertising-how-far-can-one-go Comparative Advertising. Link can be retrieved here: https://www.lexology.com/library/detail.aspx?g=34b2ff7c-f7c8-47ba-a8c8-55e332b2048e Comparative Advertising in India: Evolving a Regulatory Framework. Link can be retrieved here: http://docs.manupatra.in/newsline/articles/Upload/F8C99C6C-3A07-4AB3-A181-C6733CE97631.pdf Trade Marks Act 1999 Bare Act. Link can be retrieved here: https://legislative.gov.in/sites/default/files/A1999-47_0.pdf Consumer Protection Act 2019 Bare Act. Link can be retrieved here: https://egazette.nic.in/WriteReadData/2019/210422.pdf [1] [1996 PTC (193) T 399]

Haardik Rathore

Jul 15, 2021

Top Law Firms in India

Here is a list of the top law firms in India (top 20) that every law graduate must know. Shardul Amarchand Mangaldas: This is one of the most famous law firms in India. It was established in the year 2015. The firm has offices in many top cities in India, namely, New Delhi, Mumbai, Gurgaon, Bengaluru, Chennai, Ahmedabad and Kolkata. It has more than 684 lawyers with 145 partners. The firms deal with a variety of issues in the field of General Corporate, Banking, Finance, Competition Law, Dispute Resolution, Tax, Intellectual Property. The firm was ranked as the Best Law Firm of the Year at the Legal Era Awards in 2021. Cyril Amarchand Mangaldas: Started in the year 2015, it is one of the largest law firms in India. The firm has its offices in cities like - Mumbai, Delhi, Bengaluru, Hyderabad, Ahmedabad and Chennai. It has around 750 lawyers. The practise area of the firm include Capital Market, Litigation, Arbitration, Banking, Finance, Real Estate, Taxation, Merger & Acquisitions, Competition, etc. This firm have been awarded many notable awards like – In-House Community Firm of the Year 2021, The Legal Era Awards, 2020-2021, Legal 500 Asia Pacific Rankings 2021, etc. AZB & Partners: AZB is a corporate law firm in India that was formed in the year 2004. The firm has spread its operation to several cities like Delhi, Mumbai, Bangalore and Pune. The major practice area of the firm includes M&A, Banking & Finance, Litigation, Intellectual Property, Taxation, Capital Markets, etc. It has more than 400 skilled lawyers who are working as a team to provide innovative solutions to their clients. AZB & Partners has been identified as India National Law Firm of the Year 2021 by the Chambers Asia Pacific Award. Khaitan & Co: Khaitan & Co. is one of the foremost law firms in India founded in the year 1911. It has offices in cities like - Mumbai, New Delhi, Kolkata, Bangalore, Chennai, Noida. It is one of the oldest law firms in India which majorly deals in the sector like - Banking and Finance, Capital Markets, Corporate/Commercial, Dispute Resolution, Funds, Intellectual Property, Infrastructure, Energy & Natural Resources, Labor & Employment laws, Private Equity, Real Estate, Taxation (Direct and Indirect Tax) Technology, Media and Telecommunication. J Sagar Associates: J Sagar is a top national law firm in India with over 320 lawyers including 110 professionals operating out of 7 offices located in Ahmedabad, Delhi, Gurgaon, Mumbai, Bangalore and Hyderabad. The Firm's practise areas include: General Corporate Commercial, Projects, Mergers & Acquisitions and Private Equity, Banking & Finance, Capital Markets & Securities, Regulatory & Policy, Taxation and Dispute Resolution. This firm has been ranked as one of the top law firms in the Venture Intelligence M&A League Table (Jan-Dec 2020). L & L Partners: L & L Partners, earlier known as Luthra & Luthra Law Offices, was founded in the year 1990. It has its core workplaces in four major cities - New Delhi, Mumbai, Hyderabad and Bangalore. The firm provides solutions for several issues like Corporate, Commercial, Banking, Finance, Litigation, Intellectual Property, Real Estate, Private Equity, Ventures, Media, Technology, etc. It has over 80 partners and 300 qualified lawyers. Trilegal: Trilegal is one of the renowned firms in India which has 4 offices in the cities of Mumbai, Delhi, Bangalore, Hyderabad. The firm provides services in the areas of Corporate, Mergers and Acquisitions, Financial Services, TMT, Energy and Infrastructure, Disputes, Competition, Capital Markets, Employment, Real Estate and Tax. Lakshmikumaran & Sridharan: It is a full-service law firm in India established in 1985. This firm has over 400+ experienced lawyers who are providing solutions in the areas such as corporate & commercial laws, dispute resolution, taxation and intellectual property. The firm has offices in 14 cities in India and has been conferred with many popular awards like - Legal Era Awards, Asian Legal Business Awards, Legal 500 Asia Pacific Awards, etc. Nishith Desai Associates: Nishith Desai Associates (NDA) is a research-based international law firm with offices in Mumbai, Palo Alto (Silicon Valley), Bangalore, Singapore, New Delhi, Munich, and New York. Its core practise area is International Tax, International Tax Litigation, Competition Law, Human Resources Law (Employment and Labour), International Dispute Resolution and Investigations Practice, Mergers & Acquisitions, Private Equity Investment, Joint Ventures, Capital Markets, Private Client, Fund Formation, Technology Law, Intellectual Property. It has been ranked as the Most Innovative Indian Law Firm in the years 2014, 2015, 2016 and 2017. Talwar Thakore & Associates: It is one of the reputed law firms in Mumbai and New Delhi. It was introduced in the year 2007 and specializes in the field of Capital Markets, Mergers & Acquisitions, Projects, Finance, Trade, etc. Since its inception, the firm has been providing an impressive track record working with international companies. Platinum Partners: It is an Indian law firm established in 2008. It has offices in Bengaluru, New Delhi and Mumbai. The firm has expertise in M & A, Private Equity, Venture Capital, Fund Formation, Projects & Infrastructure, Securities Law, Employment Law, etc. Platinum Partners has been ranked as the Top Law firm in India by RSG Consulting. Anand & Anand: Anand & Anand is an Indian law firm established in 1923 to provide end-to-end legal solutions covering all cross-sections of Intellectual Property and allied areas. It has been ranked under the category "Chambers and Partners Asia Pacific" in 2021 and known as the top IP Law Firms in Asia. The firm runs its offices in Delhi, Mumbai, Chennai, Noida and has around 100 qualified attorneys and more than 28 partners. The practice area consists of IP including copyrights, trademarks, patents, designs, litigation, etc. Desai & Diwanji: Desai & Diwanji is one of India’s leading law firms located in Mumbai and New Delhi. The firm is known for its specializations in Corporate, M&A, Projects, Private Equity, Capital Markets, Litigation, etc. Economic Laws Practice: Economic Laws Practice (ELP) is a foremost full-service Indian law firm established in the year 2001 by an eminent group of lawyers from miscellaneous fields. It has offices in Mumbai, Ahmadabad, Pune, Delhi, Chennai, Bangalore and has a team of 200+ qualified professionals. Some of the areas of expertise include Corporate, Commercial, Data Protection, Banking, Finance, Competition Law, Policy, Litigation, Arbitration, Real Estate, etc. This firm has been ranked as the Top Law Firm in Forbes India’s Legal Power List. Wadia Ghandy & Co: It is one of the oldest law firms in India which was set up in 1883. It has its offices in Mumbai, Pune, Ahmedabad, Delhi. Its main area of expertise includes General Practice, Banking & Finance, Private Equity & Investments, Mergers & Acquisitions, Real Estate, Aviation, Media, Intellectual Property, Foreign Investment & Exchange Control, Insurance, Alternative Dispute Resolution, Capital Markets & Securities, Infrastructure, Insurance, General Corporate and Anti-Trust Laws. Phoenix Legal: Phoenix Legal is one of the leading Indian law firms founded in 2008. It has two offices, one in Delhi and another in Mumbai. This firm focuses on Banking and Finance, Corporate Commercial, Dispute Resolution, Infrastructure, Mining, Energy, Oil and Gas, Foreign Investment and Exchange Control, Insurance, Joint Ventures/M&A, Private Equity and Funds, Real Estate. It has a group of 11 Partners and 75 well-experienced lawyers. It is recognised as a Tier 2 law firm in the recent Asian Legal Business (ALB) M&A Rankings 2020. Vaish Associates: Vaish Associates is one of the largest direct tax firms in India with other main practice areas such as Corporate Practice, Banking, Finance, Private Equity, Real Estate, Competiton, IPR, Information Technology, Entertainment Law, Employment Law, Labour Law. This firm was formed in the year 1971 and has offices in Delhi, Mumbai, Bengaluru. The firm has received many notorious awards from India Business Law Journal, Asia Law Profiles. DSK Legal: DSK Legal is one of the top full-service law firms in India with over 140 lawyers and 21 partners across offices in Mumbai, Delhi, Bengaluru and Pune. This firm was started in 2001 and has been ranked 7th among the top law firms in India. Some of the practices areas for these firms are Antitrust & Competition, Art Law, Banking & Finance, Corporate, Commercial and M&A, IT & Intellectual Property, Employment, Litigation & Arbitration. HSA Advocates: This firm started its journey in 2003 with its offices in New Delhi, Mumbai, Bangalore, Kolkata. It has grown rapidly on the strength of its expertise to a multi-disciplinary team with over 150 lawyers, including 30+ partners. This firm has been ranked as a Tier 1 law firm for Projects & Energy practice by Legal 500. The areas of expertise include Energy & Infrastructure, Banking & Finance, Restructuring & Insolvency, Corporate & Commercial, Regulatory & Policy, Defence & Aerospace, Dispute Resolution, Environment Health & Safety, Real Estate, Technology Media & Telecommunications, Taxation, and Investigations. Kochhar & Co: Kochhar & Co. is one of India's biggest corporate law firms which has been ranked as the Top-Tier Firm in the areas of Corporate, Commercial, M&A, Private Equity, Foreign Investment, Banking and Finance, Tax, Infrastructure, Energy, IT, Telecoms, Real Estate, Litigation, Labor & Employment, IP, etc. It has its offices in New Delhi, Mumbai, Bangalore, Chennai, Gurgaon and Hyderabad in India and four abroad offices in Dubai, Singapore, Chicago, Jeddah. It has an eminent team of 200 plus lawyers. If you think there is a law firm that should have made it to the list here, let us know.

Superadmin

Jul 13, 2021

How to become a Judge in India?

To become a Judge in India, one has to qualify for the Judicial Services Examination or the PCS (J)-Provincial Civil Service-Judicial Examination which is held every year by the Public Service Commission of each Indian state. For appearing in this exam, one must hold a law degree from a reputed college or university and must have registered as an advocate with the association in the state bar council. However, the age limit for appearing in the exam may vary from state to state. Judicial Services Examination Indian Judicial Services Examinations is conducted mainly in three phases i.e. Preliminary Examination, Mains Examinations and Viva-Voce (Personal Interview). The preliminary exam consists of multiple-choice questions (MCQ’s) and is conducted only to select the right candidates for the main examination. The marks scored by the aspirants in the preliminary examinations are not considered for the final or last selection. The main exam comprises subjective (written) type questions. It contains three to four papers. Here, the marks earned by candidates are counted for the final selection. Viva-Voce (Personal Interview) is known as the final phase of shortlisting the ideal candidates based on their personality, behaviour, interest, intelligence quotient, etc. The minimum passing marks in the first stage i.e. preliminary examination of Judicial Services Examinations is 60 per cent for general categories and 55 per cent for reserved categories like - Scheduled Castes, Scheduled Tribes and Physically Handicapped. The students who score 40 per cent in each subjective paper and 50 per cent in total will be called for a personal interview or viva voce. In many of the Indian states, the District and Sessions Judges are being selected through competitive examination managed and directed by the state commission. Also, the judges are recruited through promotions from those in service and chosen from the practising lawyers. The aspirants who have successfully cleared the Indian Judicial Service Examination are suitable and eligible for the title of a ‘’Judge”. Appointment of Judges The Indian Constitution is divided into three main judicial systems namely, the Supreme Court of India, The High Courts in the Indian States and the District Courts. So, each judicial systems or the courts have their own set of eligibility conditions which are mentioned below: Supreme Court of India The Supreme Court of India is the uppermost judicial panel and the highest court of India under the constitution of India. The Supreme Court of India consist of the Chief Justice of India (CJI) and 34 other Judges and they are chosen by the President of India. Chief Justice is the highest-ranking and the most senior judge in the Supreme Court of India. To be chosen as a Judge of the Supreme Court of India, an individual must: - be a citizen of India. - have been a Judge in a high court of India for at least 5 years. - have been an advocate of a high court for at least 10 years. High Courts of India Each and Every judge in a High Courts of India are selected by the President of India in conversation with the Chief Justice of India (CJI), the Governor of the state and the Chief Justice of the High Court. To be qualified to become a Judge in the High Courts of India, an individual must be: - a citizen of India. - should have worked in a Judicial Office in India for 10 years. - has experience of 10 years practice, as an advocate in a High Court. District Court Each Indian state is separated into judicial districts which are controlled by a District and Sessions Judge. The judges of district courts are elected by the Governor after discussion with the Chief Justice of the High Court of the State. To become a district judge, a candidate must have: - cleared the exam conducted by the state public service commission. - a minimum of 7 years of experience as an advocate. Skills and Qualities needed to become a Judge An ideal judge should work for the development and growth of the nation. He/she should have an outstanding spirit and be able to work hard under the pressure. They should have excellent public speaking, logical reasoning, quick decision making and debating skills to analyse the in-depth cases and provide a reasonable decision. They should possess personal skills like – honesty, commitment, self-confidence, etc.

Gaurav

Jul 12, 2021

An Analysis of Personal Data Protection Bill, 2019

‘Privacy’ has become a hot topic of discussion in recent times. This is particularly so in light of rapid digitisation and gross breach of privacy of individuals, by organisations collecting and processing personal data to benefit themselves. India as such hasn’t had any data privacy legislation. In the year 2017, there was a need for privacy legislation expressed in the Puttaswamy judgment[1]. For privacy laws, we have so far relied on the IT Act, 2000 which doesn't meet the present-day needs. Initially the Central Govt. introduced the PDP Bill in 2018, which was then passed on to the “Justice BN Srikrishna committee” for examining. But owing to a few shortcomings in the Bill, it was shelved. In the year 2019, the legislature introduced a fresh bill with quite a few changes. The purpose of this Bill is to provide for protection of privacy of individuals relating to their Personal Data and to establish a Data Protection Authority of India for the said purposes and the matters concerning the personal data of an individual. The 2019 Bill[2], inter alia, prescribes the manner in which personal data is to be collected, processed, used, disclosed, stored and transferred. The Bill proposes to protect Personal Data relating to the identity, characteristics trait, attribute of a natural person and Sensitive Personal Data such as financial data, health data, official identifier, sexual orientation, biometric data, genetic data, transgender status, intersex status, caste or tribe, religious or political beliefs. The Salient Features of the Bill are as follows: The Bill classifies data into 3 sub categories Personal data: Data from which an individual can be identified like name, address etc. The Bill requires sensitive personal data to be stored only in India. It can be processed abroad only under certain conditions including approval of a Data Protection Agency (DPA). Sensitive personal data: Some types of personal data like as financial information, health, sexual orientation, biometric, genetic, transgender status, caste, religious belief, and more. Critical personal data: Anything that the government at any time can deem critical, such as military or national security data. Critical personal data must be stored and processed in India. The Bill removes the requirement of data mirroring (in case of personal data). Data mirroring means the act of copying data from one location to a storage device in real time. The Bill mandates fiduciaries to provide the government any non-personal data to the govt. or the concerned authority when asked by them. Non-personal data refers to anonymised data, such as traffic patterns or demographic data. The Bill also requires social media companies, which are deemed significant data fiduciaries based on factors such as volume and sensitivity of data, to develop their own user verification mechanism. This intends to decrease the anonymity of users and prevent trolling. The Bill includes exemptions for processing data without an individual’s consent for “reasonable purposes”, including security of the state, detection of any unlawful activity or fraud, whistleblowing, medical emergencies, credit scoring, operation of search engines and processing of publicly available data. The Bill calls for the creation of an independent regulator Data Protection Authority, which will oversee assessments and audits and definition making. Each company will have a Data Protection Officer (DPO) who will liaison with the DPA for auditing, grievance redressal, recording maintenance and more. It also grants individuals the right to data portability and the ability to access and transfer one’s own data. It provides for the right to be forgotten. With historical roots in European Union law, General Data Protection Regulation (GDPR), this right allows an individual to remove consent for data collection and disclosure. The Bill states the penalties as: Rs 5 crore or 2 percent of worldwide turnover for minor violations and Rs 15 crore or 4 percent of total worldwide turnover for more serious violations. Also, the company’s executive-in-charge can also face jail terms of up to three years. There are certain areas of the Bill which don’t seem to fit in accordance with what was laid down by the SC in Puttaswamy Judgement. The Expert Committee’s draft Bill allowed exemption within the interests of national security when an equivalent is authorised by a law enacted by Parliament; as long as it satisfies the internationally recognised principles necessarily and proportionality. Whereas, under Section 35 of the PDP Bill, an easy executive order of the Central Government authorising any agency to process personal data can allow them to conduct surveillance with no clear safeguards. When the Expert Committee[3] recommended such exemptions to be made only with laws, the alteration as aforesaid seems like an attempt to dilute the privacy rights of individuals. When we glance at the GDPR on which the PDP Bill is essentially based, it is often seen that GDPR offers European Union (EU) member states similar escape clauses. Whereas, they're tightly regulated by other EU directives. Without similar safeguards, India’s Bill potentially gives India’s Central Government the facility to access individual data over and above the prevailing Indian laws. The Personal Data Protection Bill, 2019 will have huge commercial and political consequences for India. The Bill establishes a number of conditions for top companies to follow, and for large international tech firms that wish to operate in Indian territory. For one, it would require digital firms to obtain permission from users before collecting their data. It also declares that users who provide data are, in effect, the owners of their own data. This has major implications, suggesting that users are able to control the data their online selves produce, and may request firms to delete it, just as European internet-users are able to exercise a right to be forgotten and have evidence of their online presence removed. Aside from the controversy surrounding the Aadhaar programme, the most recent indication of the Indian government’s casual treatment of its citizens’ privacy was the Aarogya Setu contact-tracing app, developed to track the spread of the COVID-19 pandemic. The government first made the app mandatory, but reactions from opposition parties and civil-society groups forced the app to be made optional only. Technology experts have criticised the app for its apparently wanton data collection and its lack of adequate data protection measures. The Personal Data Protection Bill outlines the establishment of a Data Protection Authority (DPA), which will be charged with managing data collected by the Aadhaar programme. It will be led by a chairperson and six committee members, appointed by the central government on the recommendation of a selection committee. But this committee will be composed of senior civil servants, including the Cabinet Secretary, raising questions about the board’s independence. The government’s power to appoint and remove members at its discretion also stokes fears about its ability to influence this ostensibly independent agency. Unlike similar institutions, such as the Reserve Bank of India or the Securities and Exchange Board, the DPA will not have an independent expert or member of the judiciary on its governing committee. The UIDAI, for its part, has a chairperson appointed by the central government and reporting directly to the Centre. Conclusion While, the PDP Bill may be a welcome step in establishing a knowledge protection regime, it's fraught with various provisions that dilute the elemental right to privacy. The Bill also significantly dilutes the right to privacy and increases State power of surveillance without creating adequate checks and balances. Under Section 35 of the Bill, the Central Government has the power to exempt any agency of state from the application of the Act. The obligations like fair and reasonable processing and implementation of security safeguards should continue applying even to exempted government agencies. The Bill as of now is tabled before the Standing Committee under the Chairmanship of Smt. Meenakashi Lekhi, whose report was sought on the same by the end of first week of second part of Budget Session 2021. But, several members of the Committee including the Chairman have been inducted as Cabinet Ministers which means they cease to be the members of the Committee. Vacancies in the Committee will be filled either by appointment or election in the House or nomination by the speaker of the House. Reference http://164.100.47.4/BillsTexts/LSBillTexts/Asintroduced/373_2019_LS_Eng.pdf https://prsindia.org/billtrack/the-personal-data-protection-bill-2019 https://www.pwc.in/consulting/cyber-security/data-privacy/personal-data-protection-bill-2019-what-you-need-to-know.html http://loksabhaph.nic.in/Committee/CommitteeInformation.aspx?comm_code=73&tab=1 [1] K. Puttaswamy v. Union of India (2017) 105 SCC 1 [2] Draft of the Personal Data Protection Bill, 2019, as introduced in Lok Sabha, Parliament of India by Ministry of Electronics and Information Technology, Bill No. 373 of 2019 [3] Justice BN Srikrishna Committee Report, A Free and Fair Digital Economy Protecting Privacy, Empowering Indians, Pg.3-65, 2018. Retrieved from A Free and Fair Digital Economy Protecting Privacy, Empowering Indians Committee of Experts under the Chairmanship of Justice B.

Haardik Rathore

Jul 08, 2021

A Short Biography of Kiren Rijiju

Kiren Rijiju is an inspirational lawyer and famous politician hailing from the state of Arunachal Pradesh. He was born on November 19, 1971, in Nakhu, a medium-size village situated in the Nafra circle of West Kameng district of Arunachal Pradesh. He is the son of Sri Rinchin Kharu and Shrimati Chirai Rijiju. Kiren’s Father, Sri Rinchin Kharu was the first pro-term speaker of Arunachal Pradesh to give oath to the members of the first state assembly. Kiren Rijiju gained good education at the Hansraj College, University of Delhi and also qualified with a law degree from Campus Law Centre, Faculty of Law, University of Delhi. He actively took part as a social worker and students leader in his school time. As a youngster, he participated in the Festival of India in the Union of Soviet Socialist Republics (USSR) in the year 1987. Rijiju has represented India in various social as well as cultural programmes held in numerous countries. He has also travelled to many developed countries in the world as a member of many parliamentary delegations. Rijju was well known as the best athlete in his school and college days and has participated in many national games like badminton, football, etc. He has written various articles in newspapers and magazines on social, cultural and political issues. Kiren Rijiju is recognized as the face of the Bharatiya Janata Party (BJP) in North East India. At the age of 29, he served as a Member of the Khadi and Village Industries Commission starting from 2000 to 2005 year. He is regarded as one of the most iconic political leader in the state of Arunachal Pradesh and in North East India. In the general election of the 2014 year, Kiren Rijiju was elected as a Member of Parliament in the 16th Lok Sabha, representing the Arunachal West Lok Sabha Constituency. He became the Minister of State (Independent Charge) for Youth Affairs and Sports and Minister of State for Minority Affairs in May 2019. On July 7, 2021, Kiren Rijiju was promoted as a Minister of Law and Justice in an expansion of the Union Cabinet and Union Council of Ministers.

Gaurav

Jul 02, 2021

AIBE and its benefits, the date for the next set of exams

The AIBE also recognized as the All India Bar Examination is a certification exam conducted by the Bar Council of India (BCI) after completion of a 3-year LLB or 5-year LLB programme. All India Bar Examination (AIBE) came into existence in the year 2010 when the Legal Education Committee (LEC) and Bar Council of India (BCI) members accepted a statement regarding the examination on April 10, 2010 and April 30, 2010. The examination is conducted to check the student's analytical and logical skills along with the basic understanding of law/legal topics to evaluate whether the registered advocates or recent law graduates have the ability to practice law in India. All India Bar Examination is a qualifying examination that provides the “Certificate of Practice” for the legal profession. Benefits of AIBE The benefits of the All India Bar Examination (AIBE) are as follows: The AIBE Examination will evaluate candidate’s skills at a basic level and is proposed to set a minimum standard for admission to the practice of law. The Examination traces an applicant’s logical abilities and will test the basic knowledge of the law. After passing the examination successfully, the eligible applicant will be given a "Certificate of Practice" by the Bar Council of India (BCI). All India Bar Examination (AIBE) will be held in 40 cities of India. The Applicants will have 11 languages to select for attempting the AIBE examination. The pattern for AIBE Examination will be Multiple Choice Questions (MCQ’s) and it will be allowed you to take notes, writings or resource materials into an examination hall. There is no age limit to appear for the AIBE exam. There is no limit to the number of attempts. The candidates can appear for the examination any number of times. AIBE Exam is conducted twice a year. There is no minimum percentage and marks compulsory in the qualifying examination in order to apply for AIBE. AIBE 2023 Important Dates The important dates and schedule for the AIBE 2021 are mentioned below in a tabular form Activity Important Dates Online registration begins on Last week of December 2022 Bank payment through challan December/ January 2023 Online registration closes on 2nd/ 3rd week of January 2023 Last date for payment of the fee Last week of January 2023 Online release of hall tickets 2nd/ 3rd week of February 2023 Date of AIBE 2021 Examination 1st/ 2nd week of March 2023

Gaurav

Jul 01, 2021

Working as an In-house Counsel - An interview with Debosmita Nandy

The number of organisations creating in-house legal teams in order to reduce dependencies on top law firms is increasing at a fast pace. This growing trend is in pace with the increasing number of regulations that corporations are expected to be in compliance with, which among others include labour, data privacy, tax regulations, etc. For some organisations, it makes more financial sense to have their own in-house function rather than engaging external lawyers and firms. What is clear is that there are a lot more in-house opportunities now, than there were a few years ago. Take a look at LegalBots.in 'Jobs' page, and you will understand what we are talking about! So, are you cut out for an in-house legal role? How is it different from working in law firms? We interviewed Debosmita Nandy, who currently works as an in-house counsel at one of the top private companies in India, ITC Limited, to learn more. 1. Please tell us a bit about yourself. What motivated you to join the legal field? How was your law school experience? I am an in-house counsel at ITC Limited. I am also keen on writing, having written both academic books and short fiction. Now I author a practical legal blog called The Five Things Checklist, where I provide practical tips about being a lawyer in checklists of five items. As a young girl, I was greatly moved by the novel “To Kill a Mockingbird” and decided to pursue a career in law. Hailing from a middle-class family, my family could not fathom a career beyond engineering, medicine and chartered accountancy. It was an uphill task to convince them, but my parents eventually came around when they became aware of the possibilities. I was lucky to clear my first entrance examination and get through the National University of Juridical Sciences, one of the best public law schools in India. This was the pre-CLAT era, where every college used to conduct its own entrance test. The five years that followed were, without a doubt, the best time of my life. Apart from the study of law, I learnt valuable life skills, formed life-long associations, experienced hostel life and got a chance to thrive as an individual. 2. How did you begin your career in law? When did you decide to move to an in-house role from a law firm and why? I got an offer to join the dispute resolution team of Khaitan & Co, one of the foremost law firms in India in Calcutta in my campus placement. The next three years were a very steep learning curve for me, having no prior idea about the practical sides of litigation. Over time, I became conversant with the nitty-gritty of litigation and learnt valuable lawyer skills like drafting, briefing, and appearing before a court. Then I heard of an opportunity at the in-house team of ITC Limited and decided to explore it. My decision was mostly driven by the fact that the ITC in-house team is one of the most well-known in the country and I was keen for the next challenge in my career. 3. What does an in-house legal team at a big company such as yours do? What are the responsibilities entrusted to it? Any in-house legal team is the legal and regulatory gatekeeper of a company. We are supposed to ensure that the company is compliant with all laws, and defend them when any question of non-compliance arises. We are also supposed to identify risks in the company’s activities and help in mitigating them. Next, in-house teams ensure that the company’s interests are protected in its contractual obligations. And lastly, in the event of any litigation, in-house teams form the first responder team to defend the company. 4. What are the challenges faced by an in-house counsel? Also, what are the biggest challenges faced by you as an in-house counsel in light of the pandemic? I would say that the challenges faced by an in-house counsel are the same as those faced by any lawyer, new in the profession. Our lack of practical training in law school requires us to adapt to and learn in our profession quickly. The initial years are high-stress because we are all trying to get our foot through the door. However, once we have gotten an understanding of our roles and responsibilities, it becomes easier to handle our work. My biggest challenge working remotely in the pandemic stems front the fact that I am the mother of a young toddler. Managing her expectations, separation anxiety, coupled with household chores in the absence of any support and work from home set up proved to be challenging for me. Of course, with the passage of time, now I have managed to find my groove with remote working and my daughter ‘sends me off’ to my home office after I have spent the early morning with her. 5. How would you tell our readers about the difference between working in a law firm and with independent counsel? Who is an in-house role more suited for? There are a few key differences between working in a law firm versus working in-house : Law firm lawyers are specialists, in-house lawyers are generalists. As an in-house lawyer, you are supposed to understand the business of your company very well. Operations, marketing, finance, sales, processes, IT - every other function has its role to play in a company. Once we understand them all, we are able to advise the company better in answering their day-to-day operational queries. You have to own your advice and even assist in their execution. However, as a law firm lawyer, you can provide your opinion by adding disclaimers. You are usually not responsible for the execution. In-house teams go beyond the law to provide their advice. Not every answer is found in the pages of a bare act or ratio of a judgment. A lot of business rationality comes into the picture while advising. Not so for a law firm lawyer. They only have to analyse the law and provide advice. To answer the second leg of your question, I don’t think there is a fixed set of personalities for whom one type of career would suit more than the other. The law firm or in-house - they are two sides of the same coin. As long as you enjoy the law, you will find ways to find joy in work in any path you choose. 6. Can you tell us a bit about your website (legal blog) and YouTube channel “The Five Things Checklist”? The Five Things Checklist is a practical legal blog, where I write articles on the practical aspects of being a lawyer, based on my 12+ years of experience. Topics range from contract drafting to litigation management to career to productivity tips and practical ideas. My idea is to bridge the gap between what you learn in reputed law schools in India and what you ought to know when you join the profession. The Youtube channel is my repository of videos called “Mentospeak” where I chat with senior lawyers from diverse backgrounds to get their insights about the many opportunities that a legal education provides. 7. Can you tell our readers about your short stories? Please tell us about your writing experience and how it has helped you as a lawyer. I have been writing short fiction since I was young. Publishing in school magazines and children’s newspapers led me to take writing more seriously. There was a time when I used to maintain a popular literary blog and put up my short stories there. My first stint in traditional publication came through a short piece in the Chicken Soup for the Indian Soul - On friendship. My short story “The Unseen Boundaries of Love” won second prize in a contest by Rupa Publication and was published as part of the anthology “An Atlas of Love” by Anuja Chauhan. Later, another of my stories “She Chose to Live” was published by Readomania in their anthology “Defiant Dreams”. The opportunity to write books on Forest Laws and Environmental Laws arose in my college. I collaborated with a professor and colleagues from college to author and edit these books. They were a great learning opportunity for someone like me who is always keen on writing. Presently, I am working on my first novel. Writing has immensely helped me as a lawyer, because, at the end of the day, one has to tell a story in a pleading or a contract. My ability to visualise how a plot turns has allowed me to imagine risks and pitfalls in a contract and how a court may interpret my facts. Of course, one doesn’t have to write stories to be a good lawyer. As long as you hone your knowledge of writing crisp, clear, persuasive, coherent, logical pieces, you will turn out to be a good draftsman.

Superadmin

Jul 01, 2021

Bar Enrolment in States – Procedure and other details, along with respective State Bar Council websites

Any applicant who has finished his/her law graduation (3-year LLB programme or 5-year integrated LLB programme) from the academic year 2009-10 ahead, needs to qualify for the All-India Bar Examination (AIBE) certification exam in order to practice in a court of law in India. Presently, before appearing in the AIBE exam, an aspirant must be registered (or enrolled) as an advocate with a State Bar Council. As a part of the state bar council enrolment process, the candidate has to go to their individual Bar Council web portal and get registered online; however, if the online registration option isn’t accessible, then the applicant needs to visit the council premises face to face, get the registration form upon payment of a fee, appropriately fill and submit it. Eligibility conditions for clearance of Enrolment Certificate Nationality: The aspirant must be an Indian citizen. Educational requirement: He/she must have passed a law degree (either a 3-year LLB programme or a 5-year integrated LLB programme). Age limit: There is no upper age limit for State Bar Council registration/enrolment. Web Portal Links to State Bar Councils State Bar Councils Website Bar Council of Delhi Visit here Bar Council of Andhra Pradesh Visit here Bar Council of Assam, Nagaland, Mizoram, Arunachal Pradesh and Sikkim Visit here Bar Council of Bihar Visit here Bar Council of Chhattisgarh Visit here Bar Council of Gujarat Visit here Bar Council Of Himachal Pradesh Applicants need to visit the council premises in person for registration. Enrolment forms can be collected between 10 am - 1 pm on all working days. Address: High Court Complex, Ravenswood, Shimla, Himachal Pradesh 171001 Jharkhand State Bar Council Visit here Bar Council of Karnataka Visit here Bar Council Of Kerala Visit here Bar Council Of Madhya Pradesh Visit here Bar Council of Maharashtra & Goa Visit here Odisha State Bar Council Visit here Bar Council of Punjab & Haryana Visit here Bar Council of Rajasthan Visit here Bar Council of Tamil Nadu and Puducherry Visit here Bar Council of Uttar Pradesh Visit here Bar Council Of Uttarakhand Visit here Bar Council Of West Bengal Visit here Bar Council of Tripura The applicant may visit the council premises in person and get and submit the registration form. Address: High Court Complex New Capital Complex, Lichubagan, Agartala, Tripura – 799010 Tel: 97741-35198, 97745-14069 Bar Council of Manipur Visit here High Court of Meghalaya Registration forms can be acquired from the Bar Council office. Address: High Court of Meghalaya MG Road, Shillong-793001 Meghalaya Fax: 0364-2500064 How to get registered and joined with state bar councils for appearing in All-India Bar Examination (AIBE) 2022? Important Information: If the applicant is using online registration or enrolment procedure, then they have to be enrolled first: The aspirants can follow the instruction which is mentioned below in the step to get registered themselves with state bar councils for appearing in AIBE. Step 1: Online registration (or sign up): In the enrolment/registration form, the candidates are required to enter their full name, gender, date of birth, contact no, email, security code shown on the screen. On positive sign up, a new advocate account will be created. Step 2: The applicant may also have to select and confirm a new password for the account created or formed on the official website of the state bar council. Step 3: Log in to access the enrolment form: On fruitful signup, details of login credentials will be sent to the registered email id. Step 4: Fill the enrolment (or registration) form: Now, the aspirant has to fill up in personal, contact number, and educational details. Additionally, employment details also have to be provided. Step 5: Upload of essential documents: Next, the candidate has to upload the important documents like – professional photograph and signature, and other documents as per the format stated (please refer to the table below to check the tentative document agenda). Step 6: Pay the state bar council registration fee: In the second to last step, pay the enrolment fee. Step 7: Submit the form: Before submitting the form, check that the application form is complete in all respects or not. Important Document to be uploaded Secondary School Certificate (SSC) or its equivalent certificate Degree or its equivalent certificate Intermediate or its equivalent Law Certificate Other Qualification Certificates Caste certificate for Scheduled Caste (SC)/Scheduled Tribes (ST) candidates GAP Affidavit, if valid If a candidate is involved in criminal or illegal cases, then they have to provide the details in Affidavit format If left service, acceptance of resignation letter from the department/branch If a left business, original partnership deed/dissolution deed (as declared on Delhi Bar Council website) Residence proof 4 colour photographs in a black coat, white shirt & black tie Attendance certificate - Note: Applicants having more than 5 years of educational gap in studies from SSC onwards to date, may be required to upload GAP Affidavit. State Bar Council Enrollment fee Fee Component Fee Amount The registration fee to be paid to respective State Bar Councils Rs. 600 Fee towards Bar Council of India (BCI) Rs. 150 Note: The fee payments have to be made using separate demand drafts. Enrolment of Advocates Eligible persons are admitted as advocates on the rolls of the State Bar Councils. The Advocates Act, 1961 empowers State Bar Councils to frame their own rules regarding enrolment of advocates. Contact details for individual Councils can be found here. The Council’s Enrolment Committee may scrutinise a candidate’s application. Those admitted as advocates by any State Bar Council are eligible for a Certificate of Enrolment. For the official information, click here.

Gaurav

Jun 18, 2021

An Analysis of The Model Tenancy Act, 2021

The Model Tenancy Act 2021 (hereinafter referred to as ‘TMT Act’) was approved on the 2nd of June 2021, by the Union Cabinet headed by the Hon’ble Prime Minister. This law comes with a long-term aim to enhance real estate growth and modernize the existing legal framework of rental housing across all states, keeping in view the present scenario. To begin with, the TMT act aims to establish separate rent authorities, tribunals/courts in districts for protecting the interests of both landlords and tenants. The States and Union Territories can either choose to amend the existing laws of their respective states and UTs or bring in fresh legislation. This important law in India aims to enable an organizational legal model for rental housing. It also strives to unlock vacant houses on a rental basis and to give a push to private sector participation in the rental model of housing. The TMT Act is progressive, hence there will be no impact on operations under existing agreements. This law aims to have an impact on the most important sector in India i.e. commercial and residential leasing sector in a positive manner. The brief highlights of the Act are explained below: The TMT Act shall be prospective and shall not impact any existing tenancies. The TMT Act covers all tenancies for all premises rented or leased out for residential, commercial, and educational use. It does not bring within its ambit premises for industrial use. However the TMT Act does not apply to any premises that are owned by Central or State Governments; Government Undertakings; Statutory Bodies; Companies, Universities or Organizations that have rented out premises to its employees as part of their contract of service and premises owned by religious or charitable institutions or trust registered under the law of the State/U.T. TMT Act defines the responsibilities of a Landlord and a Tenant under a tenancy under the definition clause section 2 of the Act. It also mandates for a Tenancy Agreement to be in writing. The information pertaining to the Tenancy Agreement has to be made available to the Rent Authority by the Landlord and Tenant jointly in the specified form provided in the First Schedule of the Act, within 2 months from the date of the Tenancy Agreement. In case of delay, they are also granted a month’s extension for the same. The Rent Authority, within 3 months from the date of its appointment, shall be responsible to set up a website for a hassle-free submission process. The TMT Act provides for all disputes with respect to revision of rent to be heard by the Rent Authority. In case of refusal to accept the rent, the Tenant has the option to deposit the rent with the Rent Authority. A Tenant is now required to pay a security deposit of 2 (Two) months’ rent in case of residential premises and 6 (Six) months’ rent in case of non-residential premises. It also lays down provisions for compensation in the event of failure of a Tenant to vacate the premises. In case of the expiry of the fixed term of the tenancy or termination of the tenancy, if the Tenant fails to vacate the premises, in such an eventuality, the Tenant shall be liable to pay enhanced rent to the Landlord i.e., twice the monthly rent for the first 2 (Two) months and thereafter, 4 times the monthly rent till the date of vacation of the premises. A Landlord is entitled to enter the premises after serving a notice to the Tenant, at least 24 hours before the time of entry on such premises. Such entry by the Landlord shall be solely for carrying out repairs or replacement, carrying out an inspection of the premises to ensure that the premises are in a proper condition and/or for any other reasonable cause, stated in the Tenancy Agreement. A Tenant may be evicted for non-payment of rent or non-payment of arrears and other charges for 2 consecutive months, including interest for delayed payment or if the Tenant has parted with the possession of the whole or part of the premises, without obtaining the consent of the Landlord and misused the premises, despite receipt of notice from the Landlord. A Tenant is required to serve written notice, in terms of the Tenancy Agreement before handing over the possession of the premises to the Landlord. The tenancy and leasing aspects are regulated by Rent Control Act in various forms in all of the states of India. Roughly looking at all of the laws governing the protection aspect, unfair eviction and dispute settlement, all of these laws have remained unchanged for over two decades; as such they don’t meet present-day demands and requirements which proves to be a serious drawback in the country’s fast-paced development hindering the infrastructure development at large. This has drastically demotivated property owners from renting out property and has also dampened investor interest for purchasing second or third homes in the form of investments due to low capital returns. On the other hand, it has not helped the lower and middle-income groups either, which it originally intended to do. If the TMT Act comes into force, it will attract the private sector to pitch investments for developing new housing projects for rent purposes and also bringing vacant properties into the rental market. Government estimates from the past show over 1.1 crore fit-for-renting properties lying vacant across urban India due to the lack of transparency and a slow dispute resolution system. Property owners shy away from letting out their premises fearing squatting. This leads to limited supply, resulting in sky-high rents. The Model Tenancy Policy would help the rental housing segment reach its true potential by addressing these issues. When landlords have confidence in the regulatory regime, they will unlock the rental housing inventory lying with them. When the supply increases, rents will rationalise in top metropolitan cities in India such as Mumbai, Chennai, Bengaluru and Delhi where finding good rental accommodation within budget, is often a problem. The land is a subject matter of states. The TMT Act isn’t mandatory for the states to implement; states and union territories are free to adopt the TMT Act by enacting fresh legislation or they can amend their existing rental laws suitably. As the rules are not binding, it is difficult to say how many states would actually enact it. Furthermore, the law warrants a three-tier grievance redressal system with a district judge in charge of the dispute resolution. This implies that states will have to invest time, resources and efforts to set up these institutions and also spare human resources from an already burdened lower judiciary system. Reference: Draft of The Model Tenancy Act, 2020. Can be retrieved here: http://mohua.gov.in/upload/uploadfiles/files/3%20ENGLISH.pdf Explainer: Model Tenancy Act and how it is different from Rent Control Act of 1948. Can be retrieved here: https://www.firstpost.com/india/explainer-the-model-tenancy-act-and-how-it-is-different-from-the-rent-control-act-of-1948-9680131.html Draft Model Tenancy Act: All you need to know. Can be retrieved here: https://www.proptiger.com/guide/post/10-things-landlord-renters-must-know-about-model-tenancy-act

Haardik Rathore

Jun 10, 2021

Sports Law in India - An Interview with Manu Bhardwaj

Somewhere we are all sports geeks, having played our favourite sports or having watched sports personalities ace it at their sports. However, the percentage of people pursuing this profession is less than the sports aspirants out there. Now, what if we said there was a way to breathe sports as a lawyer? We wanted to explore this underrated area of law in India, and Manu Bhardwaj, a practising Sports Lawyer, helped us understand more. Read to find out how and what goes into this side of law and what avenues are open to a sports law aspirant. 1. Could you please introduce yourself to our readers? I am a second-generation lawyer, having been born and brought up in Delhi. I completed my BA. LLB from one of the top 5 law schools in Delhi NCR, University School of Law and Legal Studies and Guru Gobind Singh Indraprastha University, in 2019. After that, I pursued an LLM in Entertainment, Arts and Sports Law from the University of Miami School of Law, one of the best law schools in the United States with a partial scholarship. I worked with Senior Advocate Mr Sushil Dutt Salwan for a couple of months and am now working as an independent litigator, emphasising sports law matters and contract drafting. On a personal level, I play football semi-professionally and do part-time stand-up comedy as well. 2. What is Sports Law, and how did you end up choosing Sports Law for your Masters? Instead of viewing Sports Law as a branch in itself, one should think of it as more of an amalgamation of different areas of law to get more clarity on the concept of the subject. Sports Law includes but is not limited to Contractual Law (for the various agreements/negotiations involved in transactions related to commercial sports), Intellectual Property Law (for the registration of Trademarks/Copyrights/Patents required for various teams/leagues/players etc.), Criminal Law (for Anti-Doping regulations) and even Alternate Dispute Resolution (for any and all disputes arising between the organisations, clubs, players, clubs and the agents involved in any sport). So basically, sports law is an umbrella term for various spheres of law involved which aims to solve the legal issues pertaining to both professional and amateur sports. The decision to choose sports law for my Masters was fairly easy as I have always been a sports person and a sports enthusiast. I have played multiple sports throughout my education and have been an ardent follower as well. I was always keen on understanding the functioning of the sports industry in the country and even on an international level. In the third year of my Law School, when I started reading about the subject, my interest grew organically, and I was sure that I wanted to be associated with the Sports Industry. Since I was not playing professionally due to my below-average skills, my best bet of being in the industry was as a sports lawyer. 3. What was your approach while narrowing down to universities to pursue LL.M in Sports Law? Please tell us something about your LLM experience. At the time of my applications, not many top universities provided an LLM in Sports Law, even at the international level (There were none in India). Naturally, I focused on the top sports law courses around the world instead of the best universities and narrowed it down to a list of top five courses. Out of these five, the LLM at the University of Miami intrigued me specifically because it was a one-of-a-kind multi-dimensional course involving three spheres of law, i.e., Entertainment, Arts and Sports Law. The modules of the course looked interesting, and to be honest, studying in the beautiful city of Miami was also a major consideration. Even though I got through three different Universities in different countries, I chose the University of Miami because of the nature of the course. Further, receiving the Dean’s Scholarship came in as a big relief for my financial constraints. The experience exceeded my expectations by a margin. The course was insightful, and there were a plethora of interesting subjects to choose from. The EASL Department of the University of Miami School of Law was stacked with a world-class faculty of very well renowned professors in the industry. Their modus operandi to impart knowledge to the students was something I had never witnessed previously in our country. Moreover, the course was designed to have special lectures every week with various prominent industry experts/lawyers/agents or even players coming in to engage with the students and give us insights into the functioning of the American entertainment and sports industry. Another feature of the course was the field trips to various stadiums where the students met the in-house legal department of various world-class teams of various sports. Overall, the experience was overwhelming, and it is tough for me to describe it to anyone. It was more of 'you had to be there' scenario. 4. How would you describe the emergence of Sports Law in India? If I’m being modest, the emergence of Sports Law in India has been very slow-paced and highly disorganised. After the 1984 Asian Games, the Government has time and again showed interest in formulating a proper structure for the governance of sports through the National Sports Policies 1984 & 2001 and The National Sports Development Code, 2011, but to little success. Most amateur and professional sports are governed by National Sports Federations of that particular sport recognised by the Ministry of Youth Affairs and Sports. While other authorities such as the BCCI or the Sports Authority of India (SAI) play an important role in the grassroots development of Sports. The Anti-doping laws are enforced by the National Anti-Doping Agency whereas, match-fixing and other criminal offences related to sports fall under the purview of the Indian Penal Code, 1860. There is a lack of proper structure to the Indian Sports Law Legislation. With the emergence of new areas such as E-Sports, a global billion-dollar phenomenon, an organised Sports Law Legislation is the need of the hour. The fresh buzz around sports law by law schools & lawyers has been a welcome change, and hopefully, in the coming years, we will have much more clarity in the Indian Sports Law Scenario. 5. What components of the law are essential to know if one wishes to pursue a career in sports law? I believe having a strong command over drafting and negotiating sports related contracts is the most important component for a commercial centric career in sports law. However, the Anti-Doping Laws, Betting & Gambling Laws, Competition Law, and ADR are just as important. Further, one must have a strong foundation of the basics of Copyright, Trademark & Patent (IP Law), which makes comprehending Sports Law much easier. Media and entertainment law is another niche legal area that touches upon a few aspects of sports law, such as broadcasting rights & sponsorships. Finally, Human Rights Law is also an essential component of Sports Law, which would enable a lawyer to assist the aggrieved athletes. 6. What is your view with respect to the evolving landscape of Anti-Doping laws in India? From the excessive doping in the 1982 Asiad to the 2010 Commonwealth Doping Scandal, India has faced many challenges pertaining to doping by the athletes. It is still far from keeping all its professional athletes completely clean. The establishment of the National Anti-Doping Agency in 2009 has been a welcome change but has not been as successful as expected. NADA has implemented the World-Anti Doping Standards without considering the divergent issues faced by the Indian athletes, as many of them come from rural backgrounds. This is why most of the doping cases in India have been due to lack of knowledge instead of actual mala fide of the athlete to have a professional edge over other athletes. In many instances, the athletes have tested positive for doping due to their over-the-counter medicines or cosmetic products. According to the former NADA Chief, A draft of anti-doping legislation has been submitted to the sports ministry, which tackles issues like criminalisation of the offence, liability of the coaches, exemption of certain over the counter medicines. Hopefully, once enacted, the Bill would be successful in tackling the Indian doping menace in compliance. He would get India at par with the legal framework of other countries in handling doping. 7. What shortfalls do you think are present in the Indian landscape of Sports Law? As I mentioned in one of the previous answers, there is a lack of national legislation on sports to govern all the aspects of Sports Law, which has rendered a lot of ambiguity in the functioning of the various agents involved in the industry. This legislation shall aim to create a Sports Commission in India under which all the NSFs shall be registered and shall be held accountable for their functioning. This national legislation shall see the floor of the Parliament on a priority basis since multiple issues need immediate resolution for sports injuries, liability issues, the issue of employment of athletes, infringement of media ethics etc. There have been many instances where athletes have had no proper legal recourse or representation in disputes with the authorities from international to district level. In cases of match-fixing and illegal betting, the measures taken by the concerned authorities have proven to be insufficient and unproductive. Certain athletes have been victims of sexual harassment during their training by the coaches & staff, but they have not been provided platforms to make complaints or pursue legal action. E-Sports has not yet been considered a Sport under the Union List and falls under the category of Entertainment which has led to massive blunders such as the exploitation of the Indian E-Sport Athletes at the Asian Games 2018 due to the absence of any recognised NSF for E-Sports. There is also a general lack of awareness of athletes about their legal rights, which leads to them signing exploitative contracts with sports agencies and clubs. It is abundantly clear that a structured and stable national sports legislation is a one-stop solution to most of these shortfalls in the present landscape of sports law. 8. How would you suggest one go about a career in Sports Law? What avenues are open to sports law aspirants in India? Well, to begin with, law students should try to gain as much knowledge as they can about the subject through various courses, diplomas, or even full-fledged masters, like I did. Boutique Sports Law firms are operating in the country, and one should try their best to secure an internship with them. Further, writing research papers/articles/blogs about the field would be very beneficial since reading material is sparse. Networking with Sports Agencies, Athletes, and other colleagues involved in the industry is a must. As the paradigm is shifting from cricket to different sports with the introduction of new leagues, there is a lot of scope for a new generation of sports lawyers as the ever-dynamic sports industry is growing at an explosive pace for which they would surely need legal assistance at every step.

Bhavya Bhatt

Jun 04, 2021

List of Judges of the Supreme Court of India

This is a record of judges of the Supreme Court of India, the Apex court in India. The record is arranged by seniority. There are 27 judges as of today (inclusive of the Hon'ble Chief Justice of India) and the most extreme conceivable strength is 34. According to the Constitution of India, judges of the Supreme Court resign at age of 65. Record of Judges ordered by Seniority S.No Images Name Qualification Date of Appointment Date of Retirement Parent High Court 1 N. V. Ramana (Chief Justice of India) B.Sc, LLB 17 February 2014 26 August 2022 Andhra Pradesh 2 Uday U. Lalit LL.B. 13 August 2014 8 November 2022 Bar Council 3 Ajay Manikrao Khanwilkar LL.B. 13 May 2016 29 July 2022 Bombay 4 Dhananjaya Y. Chandrachud BA, LLB & LLM, SJD 13 May 2016 10 November 2024 Bombay 5 L. Nageswara Rao LL.B. 13 May 2016 7 June 2022 Bar Council 6 Sanjay Kishan Kaul Economics (Hons), LL.B. 17 February 2017 25 December 2023 Delhi 7 S. Abdul Nazeer B.Com, LL.B. 17 February 2017 4 January 2023 Karnataka 8 Indira Banerjee B.A LL.B.(Hons.) 7 August 2018 23 September 2022 Calcutta 9 Vineet Saran LL.B. 7 August 2018 10 May 2022 Allahabad 10 K. M. Joseph LL.B. 7 August 2018 16 June 2023 Kerala 11 Hemant Gupta LL.B. 2 November 2018 16 October 2022 Punjab and Haryana 12 Ramayyagari Subhash Reddy B.Sc., LL.B. 2 November 2018 4 January 2022 Telangana 13 Mukesh Shah B.Sc., LL.B. 2 November 2018 15 May 2023 Gujarat 14 Ajay Rastogi B.Com., LL.B. 2 November 2018 17 June 2023 Rajasthan 15 Dinesh Maheshwari B.Sc. (Hons), LL.B. 18 January 2019 14 May 2023 Rajasthan 16 Sanjiv Khanna LL.B. 18 January 2019 13 May 2025 Delhi 17 Bhushan Ramkrishna Gavai LL.B. 24 May 2019 23 November 2025 Bombay 18 Surya Kant LL.B., LL.M. 24 May 2019 9 February 2027 Punjab and Haryana 19 Aniruddha Bose B.Com., LL.B. 24 May 2019 10 April 2024 Calcutta 20 A. S. Bopanna LL.B. 24 May 2019 19 May 2024 Karnataka 21 Krishna Murari LL.B. 23 September 2019 8 July 2023 Allahabad 22 Shripathi Ravindra Bhat LL.B. 23 September 2019 20 October 2023 Delhi 23 V. Ramasubramanian LL.B. 23 September 2019 29 June 2023 Madras 24 Hrishikesh Roy LL.B. 23 September 2019 31 January 2025 Gauhati 25 Abhay Shreeniwas Oka LL. M. 31 August 2021 24 May 2025 Bombay 26 Vikram Nath LL.B. 31 August 2021 23 September 2027 Allahabad 27 Jitendra Kumar Maheshwari LL.B. & LL. M. 31 August 2021 28 June 2026 Madhya Pradesh 28 Hima Kohli LL.B. 31 August 2021 1 September 2024 Delhi 29 B. V. Nagarathna LL.B. 31 August 2021 29 October 2027 Karnataka 30 C. T. Ravikumar LL.B. 31 August 2021 5 January 2025 Kerala 31 M. M. Sundresh LL.B. 31 August 2021 20 July 2027 Madras 32 Bela Madhurya Trivedi LL.B. 31 August 2021 9 June 2025 Gujarat 33 P. S. Narasimha B.Com, LL.B. 31 August 2021 2 May 2028 Bar Council

Gaurav

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