1. Advancing the Human Right to Science Under the International Covenant on Economic, Social and Cultural Rights – Dr. Deepa Kansra

At this juncture, the relevance of the human right to science is undeniable. The right, for a long time, has been a subject matter of deliberation under Article 15 of the International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR). Most of these deliberations emphasised the need for a concise meaning and scope of the right to science. In the year 2020, the Committee on Economic, Social and Cultural Rights (CESCR) under the ICESCR made two interventions with the objective of defining, advancing and mainstreaming the right to science. The two interventions include General Comment No. 25 on Science and Economic, Social and Cultural Rights, and the Statement on the Coronavirus Disease (COVID-19) Pandemic and Economic, Social and Cultural Rights. This paper concerns the above mentioned statements of the CESCR, in particular, the interpretations and standards being advanced by the Committee.

2. Evolution of Consumer Welfare Standard in Indian Competition Regime – Nisha Kaur Uberoi And Sanjeev Kumar Sriram

This article explores the ‘Consumer Proposition’ against ‘Competitor Proposition’ under India’s competition law system. It examines key schools of thought, such as the Harvard School, the Chicago School, and the Hipster Antitrust Movement, which have affected antitrust policy in the United States. The study also investigates their impact on India’s competition policy and examines major rulings by regulatory organisations and courts. It forecasts the future evolution of the Consumer Welfare Standard to promote efficient and competitive marketplaces.

3. A Commentary on National Security Act, 1980 –Dr. Prem Kumar Gautam And Mohammad Adil Ansari

The National Security Act of 1980 drew much criticism for granting the executive branch broad powers to limit personal freedom through preventative detention. Surprisingly, India is the only country that allows preventative detention even during times of peace. This study explores the prevalent critiques critically and finds the legal gaps and abuses that permit the arbitrary exercise of these powers while inadequately ensuring accountability.

4. Anglo-Indians and Nomination: Is it Time for Cessation? – Kumar Satyam And Kartik Singh

The underappreciated contributions of the Anglo-Indian community, as well as their diminishing population, have prompted worries. Constitutional protections supposed to protect their interests have been politicised, and a recent revision ended their nominations to Parliament, citing improved social and economic standing. This essay analyses the original goals of these rules, emphasises political manipulation, and questions the justification for deleting inclusive provisions for Anglo-Indian nominees.

5. Balancing Value Maximization of Assets with Environmental Concerns Under the Indian Insolvency Regime–Anchit Jasuja and Preksha Mehndiratta

The Insolvency and Bankruptcy Code, 2016, is a significant piece of legislation that aims to transform India’s insolvency system and increase trust in distressed assets. It emphasises maximising asset value and reviving the corporate debtor while keeping all stakeholders’ interests in mind. However, the Code’s key principles, such as the moratorium, running the debtor as a going concern, and discharging liabilities, frequently ignore environmental concerns. This is because the Code has a superseding effect on inconsistent laws. To address this issue, the article proposes that prioritising environmental dues payment can effectively incorporate environmental concerns into the Code.

6. The Chinese Threat: Analysing India’s Change in FDI Policy– Arundhati Diljit

Foreign Direct Investment (FDI) is vital for economic growth, but concerns arise over opportunistic acquisitions during the pandemic. India’s ‘Press Note No. 3’ amendment to the FDI policy aims to safeguard domestic interests and curb such takeovers. However, the effectiveness and implications of this change are questionable due to uncertainties and a lack of clarity in defining the term ‘beneficial owner.’ There are concerns that the policy reflects anti-Chinese sentiments rather than economic interests. This paper analyzes the problems associated with the policy change, explores different interpretations of ‘beneficial owner,’ compares India’s approach with other countries, and offers suggestions to address the identified issues.

7. The Inseparability of Separation of Powers and Public Law– Rakshith Bhallamudi

The concept of Public Law is often debated, but the idea of Separation of Power remains a constant and essential element. Whether understood in terms of positive law or as a political right, Public Law maintains its connection to the rule of law, efficiency, liberty, justice, democracy, and prevention of tyranny. These goals align with the objective of Separation of Powers. Regardless of the specific focus, discussions on Public Law, such as judicial interventionism, residual prerogative powers, or substantive review, cannot overlook this aspect of the field.

8. The ‘Teacher Exception’ Under Indian Copyright Act, 1957 and its Applicability to the Virtual Domain– Sanah Javed

The Covid-19 pandemic has forced educational institutions worldwide, including universities in India, to shift to online platforms for conducting classes. While online education presents opportunities, it also raises intellectual property challenges. This paper focuses on the dilemma of copyright ownership in online course content in India. The applicability of the ‘teacher exception’ in virtual settings within the Indian copyright law context has been overlooked in previous literature. The paper aims to address this gap and suggests that licensing could be a solution to balance the competing interests of universities and professors, considering the absence of legislation and unequal bargaining positions in employment contracts.