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.
Information Technology, Medical Law

Technological Implants and the Need for Sufficiency of Legislation

In this article the author, explores the implications of technological implants, particularly microchip implants, for both restorative and non-therapeutic purposes. The author identifies two main issues that arise with such implants: (a) affixing liability in case of product failure and (b) protecting the data acquired through these devices. The article discusses the need for specific legislation to address these challenges, while analyzing the Indian framework governing such spheres and suggesting calibrated reforms. It highlights the importance of balancing individual rights, privacy concerns, and economic considerations in implementing such technology. Additionally, the author emphasizes the significance of obtaining valid consent and the role of regulatory oversight in safeguarding sensitive medical data. Ultimately, the piece advocates for a comprehensive legal framework to regulate technological implants in India. Continue reading Technological Implants and the Need for Sufficiency of Legislation

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International Law

Protectionist Policies of US and Contempt for WTO

In this article, the authors have challenged the Inflation Reduction Act, 2022 of the USA due to its inherently discriminatory domestic content requirement and made an attempt to bring it’s shortcomings and repercussions to the fore. Alongside, the authors have placed reliance on the laws and principles of WTO to show the unfair practices being followed by the American administration and their impact thereof. Continue reading Protectionist Policies of US and Contempt for WTO

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RMLNLU International Legal Essay Competition

Call for Entries: 11th RMLNLU-Khaitan & Co International Legal Essay Writing Competition and Conference on Competition Law: Submit by 27 August, 2023.

RMLNLU along with Khaitan & Co. is organising a Legal Essay Writing Competition and Conference on “Competition Law”.  Entries for the same are invited from interested law students. About RMLNLU RMLNLU was established in 2006 to impart quality legal education to students all over the country and to meet emerging challenges in the field of law. RMLNLU is committed to providing excellent infrastructure to its … Continue reading Call for Entries: 11th RMLNLU-Khaitan & Co International Legal Essay Writing Competition and Conference on Competition Law: Submit by 27 August, 2023.

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Securities

Beyond the Status Quo: Rethinking SEBI’S MPS Norm vis-à-vis Fostering Ease of Doing Business in India

In this article, the authors delve into the challenges surrounding SEBI’s Minimum Public Shareholding (MPS) norm and propose comprehensive solutions. The MPS norm requires listed companies to maintain a minimum 25% shareholding in the hands of the public. However, the regime has faced issues such as ambiguity in defining “promoters” and “promoter groups,” allowing for manipulation. The authors suggest adopting a “Controlling Shareholder” concept and introducing more market-friendly approaches. Additionally, the article addresses the uniform approach for all companies and the lack of an effective enforcement mechanism, urging SEBI to review and revamp the framework to ensure transparency and ease of compliance. Continue reading Beyond the Status Quo: Rethinking SEBI’S MPS Norm vis-à-vis Fostering Ease of Doing Business in India

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Constitutional Law

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 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

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Constitutional Law

The Central Vigilance Commission (Amendment) Act, 2021: Another Tale of Legislative Overreach?

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.

Continue reading The Central Vigilance Commission (Amendment) Act, 2021: Another Tale of Legislative Overreach?

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Sports

Blurred Lines: The Ills of Conflating Doping and Hyperandrogenism Regulations II

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

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Sports

Blurred Lines: The Ills of Conflating Doping and Hyperandrogenism Regulations

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

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Constitutional Law, Tax

Place of Effective Management: A Solution Rigged with Theoretical Problems

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

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