analysis
31,231 national law school hopefuls sat the Common Law Admissions Test (CLAT) conducted by GNLU Gandhinagar this weekend, which was the lowest growth rate recorded since the exam began in 2008.
Long delays in recovering fees has become an increasing a problem for law firms whose clients are caught in the credit crunch, most recently preventing FoxMandal Little in Delhi from paying some of its staff their salaries.
"Lock-up is a big issue for most firms these days in particular collections on long-overdue invoices," says Kerma Partners legal consultant Friedrich Blase in New York and adds: "It's become harder for firms to collect on the work produced."
Indian blawg Law and Other Things posted a brilliant article dissecting the statutory framework that is being used to deprive suspected swine flu cases of their liberty. But, asks the blawg, is the Act actually fit for purpose?
Probably not: although swine flu is frightening and has reached global pandemic status, it is technically unlikely to be an epidemic in India and would thus not fall within the Epidemic Diseases Act 1897.
While some of the powers of the Act are suitably draconian to allow the state to deal with diseases serious enough to destroy it (although the maximum Rs 200 fine is unlikely to hurt much), does the 100-odd-year-old legislation leave public health officials defenceless against the virus until it is too late?
India’s new government could be the springboard for the country’s legal system to scale new heights.
The recent Indian elections saw a decisive win for the Congress Party, the stock markets rally, the various economic growth forecasts adjusted and the rating agencies ditching their gloomy outlook for the country (see ‘Elections’ box).
The optimism within the business community here is so heartfelt and the belief in the new government so strong, it is reminiscent of the first month or so after Barack Obama’s election victory in the US.
Nevertheless, the data for the start of the year makes for depressing reading. India, much like the rest of the world, has suffered in every major sector (see ‘Figures’ box). The country, as ever, faces incredible challenges.
But amid those challenges, even though they come with a long wish list of demands from their old but newly emboldened government, Indian lawyers are also seeing great opportunities. In India, it is business time.
India needs to enhance its arbitration offerings and overhaul its courts’ processes to give its backlog of cases any chance of closure before the year 3000.
A trip to the neo-Gothic Bombay High Court is an entertaining experience that should be on every visiting lawyer’s travel itinerary. Once past the sandbagged machine gun emplacements outside, loosen your tie and spend a few hours wandering about open-air corridors between throngs of locals, hundreds of offices with unfathomable purposes and court rooms filled beyond bursting point.
Also spare a thought for the unfortunate litigants, who will most likely not find the experience as enjoyable.
The running joke in India goes that, if you litigate here, your sons and daughters will inherit your dispute.