The Journal Committee is happy to announce the Call for Papers for the 12th volume of The RMLNLU Law Review Journal. Read post for further details. Continue reading Call for Papers by RMLNLU Law Review Volume XIV:
In this post, the authors discuss the case of Mr. Sanjay Mishra, the Enforcement Directorate (ED) director, whose tenure was extended through office orders and amendments. They argue that the 2021 amendment to the Central Vigilance Commission Act, which allows for the extension of the director’s tenure up to five years, nullifies the previous judicial pronouncement in the Common Cause case. The authors contend that this amendment, aimed at overruling the court’s decision, transgresses the constitutional safeguard of separation of power. They also emphasize the importance of fixity of tenure in probe agencies to ensure their independence from political influences and external control. The recurring and discretionary extensions granted by the government undermine the stability and integrity of these agencies. Ultimately, the authors assert that the extensions granted to Mr. Mishra under the amended act are unlawful and go against the principles established by the Common Cause judgment. Continue reading The Central Vigilance Commission (Amendment) Act, 2021: Another Tale of Legislative Overreach? Part II
In this post, the authors discuss the case of Mr. Sanjay Mishra, the incumbent Enforcement Directorate (ED) director, whose tenure was extended through office orders and amendments. The legality of these extensions was challenged in the Common Cause (A Registered Society) v. Union of India case, where the Supreme Court ruled that further extensions should not be granted to Mr. Mishra due to his attainment of the age of superannuation during the initial two years of his appointment. However, a second year-long extension was granted under an ordinance, and a third extension was granted under an amendment to the Central Vigilance Commission Act. The authors analyze whether this amendment nullifies the effect of the judicial pronouncement, potentially transgressing the constitutional safeguard of separation of power. They also highlight the importance of ensuring fixity of tenure in probe agencies to safeguard their independence.
This article specifically deals with Conflating Doping Regulations and Gender Verification. It also discusses the Realities of Doping and Hyperandrogenism Regulations. The author highlights the discriminatory nature of the regulations that apply to these women and argues that the current doping regulations further aid such exclusion of women from sports. It concludes by stating that firstly, separate, and improved regulatory mechanisms are required to deal with the issue of hyperandrogenism in sports and secondly, that filling this legal gap by using doping samples as per World Anti-Doping Agency (WADA Code, 2021) to verify gender is unethical and discriminatory. Continue reading Blurred Lines: The Ills of Conflating Doping and Hyperandrogenism Regulations II
This article specifically deals with women whose testosterone exceeds the acceptable range prescribed by World Athletics (‘IAAF’) (a condition referred to as hyperandrogenism). The author highlights the discriminatory nature of the regulations that apply to these women and argues that the current doping regulations further aid such exclusion of women from sports. It concludes by stating that firstly, separate, and improved regulatory mechanisms are required to deal with the issue of hyperandrogenism in sports and secondly, that filling this legal gap by using doping samples as per World Anti-Doping Agency (WADA Code, 2021) to verify gender is unethical and discriminatory. Continue reading Blurred Lines: The Ills of Conflating Doping and Hyperandrogenism Regulations
In this post, the author highlights the introduction of the Place of Effective Management (POEM) test in India as a means to determine corporate tax residency and addresses the theoretical issues surrounding its application. The author argues that the lack of clarity and adequate guidance in determining POEM leads to unpredictability, uncertainty, and arbitrariness, which violates the principles of Article 14 of the Indian Constitution. The author suggests alternatives, such as the economic nexus test or a hierarchy of tests, to address the shortcomings of the POEM test and ensure fairness and predictability in determining corporate tax residency. Continue reading Place of Effective Management: A Solution Rigged with Theoretical Problems
The Journal Committee (“Committee”) at Dr. Ram Manohar Lohiya National Law University, Lucknow (“RMLNLU”), in collaboration with Nishith Desai Associates, organised the 10th edition of the RMLNLU International Legal Essay Competition and Conference on Intellectual Property Rights and Technology Law (“RILEC”). The Conference and Workshop was conducted on 7th April, 2023. This year the Committee invited submissions from authors on the topic – “IPR and … Continue reading 10th RMLNLU International Legal Essay Competition (RILEC) Conference, 2023, in collaboration with Nishith Desai Associates.
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