Author: The RMLNLU Law Review Blog

The RMLNLU Law Review Blog is an online publication of Dr. Ram Manohar Lohiya National Law University, Lucknow. The Blog purports to facilitate publication of diverse perspectives on a range of issues concerning topics of contemporary legal significance and interest in the form of short, well informed opinions. The Blog was launched in July, 2015 and is edited and managed entirely by a small team of student editors at the University.
Constitutional Law, Public Policy, The Editorial

‘Bans’: An Unjust Encroachment on the Right to Freedom of Choice?

By: Kriti Sharma Over the din of overwhelming protests of people against the state’s prerogative to decide what should be consumed (not merely edibles of course), the individual’s freedom of choice lies hanging between its somewhat unsettled constitutionality and the larger role of polity in defining it. The Maharashtra Animal Preservation (Amendment) Bill, 1995 was finally assented to by President Pranab Mukherjee after being passed … Continue reading ‘Bans’: An Unjust Encroachment on the Right to Freedom of Choice?

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Posts, Tax

GST and the ‘Manufacturing’ Sector – The Challenges Ahead

By: Aradhana & Abhishek Kumar Introduction The manufacturing sector of a nation serves as a base for its economy. The Union budget of 2015 focused towards the expansion of this very sector by means of various incentives and concessions but the important question, in this regard, is whether such steps on part of the Union Government could harness the “real growth” of this sector. The … Continue reading GST and the ‘Manufacturing’ Sector – The Challenges Ahead

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Public Policy, The Editorial

Justice for Sale: A Broken Legal System

By: Ashwin Misra The Indian Constitution backed by jurisprudence that is unmatched guarantees equal protection of rights to every citizen. But the real situation is a different story. George Orwell was not wrong in saying that some men are more equal than others – the poor keep toiling to be heard when justice (fabricated or real) comes effortlessly to those who have their coffers full. … Continue reading Justice for Sale: A Broken Legal System

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Dispute Resolution, Posts

Party Autonomy in Alternative Dispute Resolution: Is Derogation from Indian Law Permissible?

By: Akhil Mahesh and Girish Deepak Indian Prime Minister Narendra Modi and his Cabinet have been engaged in promulgating economic changes by bringing in several reformative policies such as the Goods and Services Tax (GST) and the Land Acquisition Bill, 2015. One of the lesser known, yet significant amendments, is the Arbitration Amendment Bill, 2015, which is based on the recommendations of the Law Commission … Continue reading Party Autonomy in Alternative Dispute Resolution: Is Derogation from Indian Law Permissible?

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Company Law, Posts

Independent Directors: Demystifying Annotated Notions of Liability and Ethics

By: Dhruva Sareen An independent director (hereinafter ‘ID’) is that member of the company’s Board of Directors (Board) who is independent from the management in the context of any pecuniary or managerial control. As was put by the Naresh Chandra Committee Report (NCC Report) – a board packed by executive directors, or friends of the promoter or CEO, can hardly be expected to exercise independent … Continue reading Independent Directors: Demystifying Annotated Notions of Liability and Ethics

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Dispute Resolution, Posts

The Bilateral Arbitration Treaty Regime: Some ‘BUTs’ for Thought

By: Tania Singla Gary Born, one of the world’s most renowned names in international commercial arbitration, has brought a rather radical idea to the arbitration table. In a recent series of speeches titled, ‘BITs, BATs and BUTs: Reflections on International Arbitration’, he proposed borrowing the idea of bilateral treaties from the investment treaty regime and incorporating it within the fabric of the international commercial arbitration … Continue reading The Bilateral Arbitration Treaty Regime: Some ‘BUTs’ for Thought

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Posts

Piercing the ‘Syndicate Veil’: Substance Over Form

By: Armaan Patkar A bank syndicate is a collection of banks that jointly extend a loan to a specific borrower, generally adopted in cases of financing of large projects, as it may be difficult to find a single lender to finance the entire deal. To bypass this problem, a bank or a few banks take the lead and negotiate the key terms of the loan … Continue reading Piercing the ‘Syndicate Veil’: Substance Over Form

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International Law, Posts, Tax

GAAR: The Way Ahead

By: Suhas Sagar The field of taxation has always been witness to the eternal cat-and-mouse game between taxpayers and tax authorities. Nowhere is this contest more pronounced than in India. As taxpayers keep devising newer ways of mitigating their tax liability, the tax authorities respond with their own weapons – retrospective amendments and high pitched tax assessments displaying a rather adversarial state of mind. The … Continue reading GAAR: The Way Ahead

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Posts, Public Policy

Assessing the Challenges Surrounding Unmanned Aviation: Are Drones Ready for Take-off in India?

By: Pragalbh Bhardwaj Unmanned aviation takes place with the help of new-age technological devices, popularly known as drones. Drones are unmanned aerial vehicles (UAVs), controlled either autonomously by on-board processors or by the remote control of a pilot operating from the ground. Around the world, the drones or UAVs are becoming more and more ubiquitous with each passing day. They are becoming smaller, cheaper and are … Continue reading Assessing the Challenges Surrounding Unmanned Aviation: Are Drones Ready for Take-off in India?

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Posts, Public Policy

Ethical and Moral Issues Concerning Surrogacy

By: Mehpara Haq Surrogacy raises fundamental issues regarding the nature of personhood, the attributes of human dignity, individual autonomy and the perimeters of choice, the distinction between what can be made an object of commerce, what must remain in the domain of gift, and what ought not to be transferred at all. This includes the criticism that surrogacy leads to commoditization of the child, it … Continue reading Ethical and Moral Issues Concerning Surrogacy

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