Jerome Merchant + Partners

When we look back at 2010, beyond a few startling events, do we know what the main issues that affected India were? India Analyser - Annual Review is an effort to highlight the key issues that concerned the state and society in 2010. The ten topics highlighted in the review deal with matters that pre-eminently affect the Indian polity and the Indian people at large. 

The review is divided into two parts- Perspectives and Analysis. The entries under Perspectives are short (700-900 words) and addresses a topic from a particular perspective while the entries under Analysis are longer (1200-1500 words) and analyses a topic more comprehensively. The underlying theme behind most entries, especially those under the Analysis section, is that of identifying the various governance trends emerging in India.  

Perspectives include specific chapters on- 

• The judgment on the Bhopal gas tragedy
• The adoption of a new Rupee symbol
• The judgment on the Ayodhya land dispute
• The crisis in the Microfinance industry  
• The revelations of the Radia tapes 

Analysis include specific chapters on-

•  The announcement of the annual union Budget
• The reinstitution of the National Advisory Council
• The rise of Maoist violence
• The enactment of the Nuclear Liability Bill
• The rejection of Vedanta’s mining project in Niyamgiri

Most of the entries in India Analyser are based on my writings in various magazines and websites over the last year. These include two of my blog entries in Legally India- one on the Naxal issue and another on the Bhopal verdict. The entry on the Naxal issue subsequently won the most socially just post in Legally India’s blogging competition last year.

So after months of being anonymous and refraining from posting anything after the competition, I posted this entry as I truly believe that India Analyser would be interesting to the readers of Legally India. Hope all of you enjoy reading the review. I would greatly value any feedback on the same.

     A Republic is a form of Government in which the citizen choose their leaders and the people have an impact on its Government. It is from two Latin words "Res" (things) and "Publica" (public). Translated from the Latin it means "the Public thing". Inida is a  Parliamentary Republic. Every year, we celebrate the 26 th January as Republic Day because on the 26 th day of January, 1950 our Constitution has been implemented. From the 26 th day of January, 1950 We the people of India got the right to be Governed by the Constitution and not by any monarch. We the people of India got the right to elect and form our Government by our own free will, choice and vote.

     The actual meaning of Republic is that in the formation of Government there shall be no selection on the ground of heredity, succession, etc. The people shall have the right to elect any person from amongst the member of the society as their elected representative to form their government.

     On 26 th January, 2011 we celebrated our 62 nd Republic Day. BUT the real question is that even after passing of 61 year of adopting Republic, "are we really Republic" .

     Under the Constitution we the people have been given the  supreme power to form government and our Fundamental rights are guaranteed by the Constitution. Supreme court of India has been given the role of Guardian of the Constitution.

     Let see the ground reality, We have Election commission who conducts Elections in the country, which is an autonomous body. The entire procedure of Election of Peoples Representatives are Governed by the "Representation of  the People Act 1951' . We should look into the case of former Chief Election Commissioner, T.N. Sheshan, whose innovative and transparent idea of electoral reform lead him to the division of his post.

     For the years we have witnessed that after being elected most of the elected representatives do not keep connection with the local people, they favour only their obedient people, worker and family members. They ignore the mass members of society who elects them. And the political leaders choose their successor from their family members and we the people also support them. Actually our political system is full of Favouritism, discrimination, partiality, etc.

     Under the "Representation of Peoples Act 1951" we have not been given the right to call back an elected members, if they fail to fullfill their commitment, this is mainly because the laws are made in the legislatures by those elected members. Moreover, elections are so costlier that a common man can't afford to contest an election. Mainly, peoples either from the Richer section Or Criminal background can afford to invest their money to contest an election.

     At present almost every States in India are facing internal struggle e.g. in Assam there are ULFA, BODO, Black Widow, DHD, etc militant groups, in Manipur there are PLA, etc, in Arunachal Pradesh there is Maoist, etc, in Nagaland there are NSCN, etc, in West Bengal, Jharkhand, Chattisgarh, there are Maoist problems. Every North Eastern States are facing extremist problems. In U.P, Bihar, M.P., Rajasthan local mafias are dominant.  Recently on 25 th January We have witnessed one heinous crime, that Oil Mafia burned alive in broad day light one IAS, Officer, namely Yashwant Sonawane,  who was Additional Deputy Collector in Nasik District of Maharashtra. If the life of an IAS officer is not safe in a prosperous State like Maharashtra then how the life of common man be Safe !!!!!!

     Police Personnel of every state are non-co-operative to the Common masses, they serve mainly their political masters and the richer sections of the society.

     The Hawala scam, Stock market scam, Telecom scam, 2G scam, Adarssh Society scams, CWG scams, etccccccccc...  are the glimpse of the prosperity of Corruption in our Country. Almost in every states there are innumerable scams. We also came to know that billions of dollars of black money are deposited in Swiss bank and other Foreign Banks. Prevention of Corruption Act, 1988 is a total failure and has no impact on curbing the corruption.

     In Jammu and Kashmir, there looks no signs of stopping of internal struggle.

     In our Capital city, Delhi life is not safe and secured with growing numbers of crime like rape, robbery, kidnapping, etc.

     The, draconian law like TADA, POTA, Armed Forces (Special Power) Act 1958 could do nothing but harassing the innocent people.

     Every day, whenever we turn Zews Channel On, we come to know that rape, theft, dacoity, molestation, murder, kidnapping, corruption, etc are happening every moment in every corner of the Country.

     We know India is growing faster and is one of the best economy in the World BUT in reality more than 40% of the people are still living below poverty line, wich is a shame for a Republic country like us. Our economic prosperity is confined in the hands of richer sections of the society and the poorers are deprived. The Rich becoming Richer and the Poor becoming Poorer. Every year in every Sates thousand of poor Agriculturists commits suicide due to growing debt burdens, which is mainly because of political inefficency of policy makers.

     Government makes and implements various plans in the name of Welfare of the common people but in actual practice all the funds of those schemes are illegally grab by the elected leader and their workers, party-men. And the common people gets nothing but the peanut out of huge funds.

      Population of India is growing in a horrifying pace mainly due to political malafide intention.  In a democracy number of people counts in election and due to this reason every political leader tries to grow the number of their supporter. Moreover, with the increase of population miseries of common people will grow and the political leaders will take advantage out the miseries of the common masses. No Active Population Policy and Act are being tried to be adopted and implemented by the political leader mainly due to their malafide intention.

      Our natural Environment are degrading due to improper implementation of Environment Laws.

     We are proud to be Republic. We are economically prospering but our prosperity is being negativated by our backlogs, unequal distribution of wealth, Failure of law and Order and failure of  Political System. We, the people of India, mainly from the legal community should take the responsibility to make India a better place to live with our commitment to fight for justice, emphasizing the Political Reform and  establishment of Rules of Law .  The real meaning and intention of Democracy and Republic can only be achieved by establishing the Rules of Law.

JAI HIND

Pronoy Kumar Ghose, Advocate

From the Project Cloud Desk

26 January 2010

As you walk to class and you take a minute to reflect, you've just realised there is so much to be done. There is the project in subject A that you have to submit next week. And it doesn't look good. You have a feeling Professor A does not like your new hair-cut or just doesn't like you cause you couldn't care any less about his monotonous lectures at 3 in the afternoon.

There are two ways to get through this. There is the "idiot's guide to writing a project" and our way. We recommend you read both. [ Thank you lawd99 for pointing this out ]

The good news is Prof A doesn't have to get away with giving you below average marks. Take a step back and think about this. Every project you write is an opportunity is write a paper. Let us assume that you have five subjects every semester. If you thought of every project as a paper, you could write 10 papers every year and 50 by the time you graduate out of law school. Most of us graduate with one, two, three or five. A few exceptions graduate with ten or more. We're asking you to work for the one percent of the 50 paper you can write. You most certainly can resist our advice and go for 50. We promise not to stop you. 

Once you decide that out of the ten subjects you have, you will write two papers seriously, you still graduate with eight. Even if you leave with four to your credit, you're still doing better than the rest. What stopped many of us from reaching the magic 5 - at least 1 a year - honestly, was a lack of vision.

Many of us never saw projects this way. It was the same story every semester. Fill in about ten pages from ten different articles on the internet with at least 5 footnotes on each page - there we were, guaranteed at least average marks. If one got lucky,one  would get at least 70-75%.  

Journals actually want ideas and appreciate creativity. They like having a lot of footnotes. And most of them dislike being sent a paper exceeding 9-10 pages. [ The story is a little different for international journals, we will come to that later ]. The good things about Indian journals (see a list of journals here)  is that they are still evolving and willing to experiment. There are Journals coming up on all sorts of subjects. We've even managed to track one down on maritime law [ It's not Indian though and feel free to suggest any you know ]. My point here is even if you have a "boring" subject like Family Law. Don't let that opportunity go away. There are so many issues going on the subject [ a few here ]. 

So if you really want to start getting ahead of the competition, start writing. Take out your old projects, spend a week on them and in a few months from now, you'll have  a paper in something as weird as Family Law. And ten years down the line when you're a divorce lawyer, you'll thank yourself for writing that one paper on Should taking care of one’s parents be a legal duty? . 

Getting back to the Professor. It's really never too late. If he/she awarded you average marks, march up to him and let him know he/she really needs to take a lesson on evaluating projects. 

Good Luck!

The Project Cloud Team

Website: http://projectcloud.info

Facebook: http://www.facebook.com/projectcloud

With my eyes half open, I checked the time on my cell phone, it was 12:45 PM of Sunday morning. Sorry afternoon (we really need to amend the whole morning, noon and evening thing). What’s the first thing you do after waking up? Most people do some Ramdev yoga or drink water or have a cig. While I wear my specs, open my laptop and check facebook, Gmail and Yahoo mail, my three precious accounts for fun, gossip and work respectively. I noticed that my yahoo account was showing “1 unread message”. It was from “WTF Law Associates” (i.e. We’re The First). “Another rejection”, mumbling to myself, I opened the mail and for 2 nano-seconds it felt as if I have got that happyness which Will Smith is pursuing with his pea-sized kid. I can’t express in words what I felt that time. It was confirmation of internship for 6 weeks. I was not able to believe on my eyes, 6 WEEKS!!! and that too with best law firm of country. I kissed my laptop. I danced like a chimp. I gave my favorite Hindi slangs to the other law firms who rejected me. It was not just an internship, it was a holy grail, the ring from LOR series, it was Helen of Troy. So many a*s-kissing-nerds fight for it every semester, but I got it. Now, “I have the power” (not just the song but in real). 

My mind started dreaming of life-changing things which this tiny little e-mail has attached to it. The chicks of my class will no longer see me as a loser. I will be the flower for honey bees (junior gals). Nerds will write “I QUIT” and hang themselves, Dudes will finally feel inferior. Teachers won’t dare to wake me up during classes and VC won’t fine me for smoking. The registrar will shift his cabin’s A/C to my room; the College band will compose a special soundtrack for my entrance in class and a different one for exit. I won’t have to beg for the notes anymore; they will be gifted to me. No one will ever ask me why I’m late for exams. People will Tweet about me and the facebook account will be flooded by friendship requests. Girls will have cat-fight for my entertainment and there will be bidding for a date with me. Firms will poison their HR’s for rejecting me. Cos now, I have the power (man, I can’t get this song out of my head).

To save the poor HRs, first thing I did was to mail every single firm my “regretful” email, with a tone conveying “suck it, B**ch”.

I had to tell this news to someone and why just someone, to everyone. My chest felt 10 inch broader and I realized that may be this is the last time I’m walking cos from now on people will carry me on my ‘sedan chair’. I went straight away to Einstein’s (the nerdiest of nerds) room. Like always, he was making out (not literally) with books. He gave me a “wtf-this-loser-is-doing-in-my-room” look. I interpreted it and before he could say anything, asked “yaar, do you know if anyone in our college got internship in WTF?” He looked at me as if I have asked him if he is still an M-virgin (cos both questions are obvious). “Why?” he fired back another question.  “yaar, just like that”. “Dude, don’t even dream about applying there, they rejected ME, you don’t even have a chance unless you are planning to finish this degree in 10 years”.  I wished if I can summon a band before saying “Oh! so no one from our college; damn it! and I was thinking I will have someone to go for cig-breaks”.  Einstein’s face now took a transition from “wtf-this-loser-is-doing-in-my-room” to “wtf-im-doing-in-this-world” look.  I left him alone to arrange for a rope and a marker (to write “I QUIT”).

By the time I reached mess for lunch, the news was everywhere (Oh, I forgot to mention, Einstein is not just the editor of our college journal but also handles the widest possible broadcast of gossips). Everywhere, I could see the small talks going on. I went for an empty table and sat alone. Within a minute, I wasn’t alone and I can hear “Dude, they pay 20 grands as stipend”, “who cares about stipend idiot, they have sexiest associates”, “someone told me that they have booze-parties every weekend”, “man I knew that this guy is born to do something great”, “yaar, bond hai tu toh”. A chick sitting next to me said “You don’t know but I always had huuuugggeee crush on you, I even get dreams of you whenever I read M&B books” (she didn’t remember now but since first semester she tells everyone that she gets dream of her dog whenever she looks at me cos the name of her dog was “LOSER”).  But I don’t care about the past, now it’s all changed. I’m not Peter Parker anymore, I’m Spiderman. 

When I returned, I saw a group of 15-20 students waiting outside my room. I was told that they want to see how a confirmation email looks like cos they never received any in their entire law school life. Another medal for this brave warrior and why did “Homer” died so early, he should been here to write about me. Everyone surrounded me when I opened the mail and mouths dropped as if they got a glimpse of, you know, of [………] (everyone has their own fav., I can’t generalize this). And the round of praises started again.

Someone pointed out that there is one more unread mail. It was from WTF only. “Must be a plane-ticket or a pre-internship shopping voucher or both” I said.

The email read “Dear blah blah, the earlier email was intended for a student of same name, of your own college, but of junior batch. Please ignore our earlier e-mail and “boo-hooo in your face loser, now get the f**k out of here and don’t even send your shameless CV again” (I don’t remember clear words but the intention was this only). 

I rushed to Einstein’s room to borrow rope and the marker (to write “WTF”)

In Rural Litigation V State of UP, AIR 1987 SC 359, the Supreme Court highlighted the importance of fundamental duties enumerated in Article 51A, with a special reference to its clause (g). Rajasthan High Court in Surya Narain v. Union of India, AIR 1982 Raj.1, held that fundamental duties are not enforceable.  

In Article 51A (h) it is mandated that it shall be the duty of every citizen of India to develop the scientific temper, humanism and the spirit of inquiry and reform.  The recent incidents in Sabarimala in Kerala, a Hindu pilgrim center, necessitated this inquiry.  During the month of makara, there are heavy rush in the Temple to see the Makara Vilakku or Makara Jyothi, which majority of the pilgrims hope that a divine one.  However, the local people as well as the educated people in the State, for the last several years, complained that this is not a divine light but a man made one.  Due to the heavy rush to see this Makara Jyothi, nearly 102 human beings lost their life. There are petitions pending before this High Court of Kerala to order a probe on this issue.  Now Mr. Sanal Edamaruku filed a petition in the Supreme Court and sought for a prohibition of Makara Vilakku.  

The question, which is a debatable one, in view of the mandate of Art. 51A (h), remains unanswered. Do you think that such kind of misrepresentations are permissible in view of Article 51A (h)

There were many setbacks in my life. I had a tough time getting in the good books of my teachers. I was terrible in studies. But that was because of some reasons. "Sabki problems hoti hai, meri bhi thi, tumhari bhi hogi, no one is perfect."

Moreover my extremely good looks and gullible charm drove all my teachers berserk. They were drawn to me like bees to honey. I have a gift, you know some gift. I am planning to write a book on 99 ways to ignore sarcastic moments like these.

Initially I thought of giving CLAT but then I realized; who wants to be practically deformed. By this I do not intent to say that they are practically deformed, but still my neighbor Sukanya; I know the name is a serious turn off but trust me she looks great, except for the fact that she is an isolated freak.

                         

Yeah, she belongs to that genre of nerds who study even when there is nothing to study and believe you me she can give teachers run for their Ph.D's. She slaughtered day and night to get through CLAT. She even hired a private jet to fly her 100 meters to school from her place, just so that she could save those precious 18 minutes 14 seconds and 11 nanoseconds, walk down town.

I still remember her talking to the principal of our school Mr. Gokhale on Environment Change and Sustainable Development and Role of Indian women in UNO. What the f**k! She was so irritating and made all of us feel shit. I know it's insane, like when your 17 you need to act 17. Why do you need to act like a constipated soul?

Sukanya studied for say 10 to 15 hours just to follow her dream of getting into her dream law college. For this she even detested food and was later diagnosed with anorexia. But sadly it was not the right time for her. She could not qualify.

It was a major setback for her and she lost it in entirety. She could not even get through the fact that it was over and that she had crossed the age limit for applying again. As an aftermath of this tragic incidence Sukanya has developed a so called liking for herself. She is usually seen talking to herself and it's got nothing to do with introspection or art of living.

"Sukanya hill gayi hai guys!" At present she is doing BA through correspondence and is also taking coaching for IAS. She religiously devotes 18 to 20 hours a day to her studies and is one hell of an honest recluse. All her friends have moved on (like literally moved on from Borivali to Kandivali), but she is still waiting for her mister perfect to rescue her and escort her to la la land.

Like if I study for more than 1 hour, I'll end up hallucinating. Now for all those aspirants who are soiling so hard to get into their dream college: take a break. You don't have to end up being a Sukanya or anything close to her.

scarecrow

Read: My Trip To The Oldest Democracy Of The World- Malana

A special CBI court in Ghaziabad directed the investigating agency to provide a copy of closure report to Dr Rajesh and Nupur Talwar, the parents of Aarushi Talwar. Then why does CBI deny to do so? In this unsolved case the special court observed that no one can be called an accused on the basis of the agency's report. “No one can be accounted as accused," observed Central Bureau of Investigation Special Magistrate Preeti Singh while passing an order to provide a copy of the closure report to the Talwars. Though Dr.Talwar is the main suspect in the case this is not a valid reason given by the CBI for not providing him with the closure reports. The Indian constitution establishes our view of criminal justice in a manner that we express an accused or suspect as “innocent until proven guilty.”  An individual who is found “not guilty” is, in fact, innocent in the eyes of the law and the constitution. Besides, as per law, an accused is supposed to get the copy of the police report with annexures filed under Sec 173 CrPC. Dr. Talwar should be granted a copy of the closure report by the CBI.  The Government has given us Constitution to protect our rights and provide confidence to the court system, then why don’t we respect the rights of the accused. Dr. Talwar may or may not be guilty for his daughter’s murder, but just for the fact that we hand him a copy of the closure reports does not acquit him from the crime if he has so committed. Under the Indian law the final decision in a case is of the court of law and even here the court would be the appropriate authority to decide the case but nonetheless let us not deprive Dr. Talwar of his rights to get a copy of the closure reports and understand why the investigation has come to an end.

Rather than crying over spilt milk and upbraiding each other for the mishap, it’s time now for Government to realize that they really need to maneuver to secure the devotees at places of pilgrimage. “Right to Life”, is guaranteed under Article 21 of the Constitution of India which seems highly endangered in situations of mass gatherings. The Government needs to enforce measures to avoid such unforeseeable incidents. History tells us that religious pilgrimage and festivals have proved to be more fatal than other incidents, then why is our government laid back when it comes to saving the lives of hundreds of people at diversified times. In India stampedes occur regularly, nonetheless there have always been minimal measures by the government to prevent the same. It is true that there has always been heavy rush of devotees and tussle to reach the temple at pilgrimage, yet lack of crowd management strategies add to such mishap. How can one forget the October 2008 stampede at a temple in the city of Jodhpur, which killed around 168 devotees and also the stampede at the Naina Devi temple on 3^rd August 2008 in Himachal Pradesh which was another dreadful incident of a similar type. The reason for both the incidents being the same including poor infrastructure, ill maintained roads at the shrine and poor crowd management strategies. All we can hope is that at least this incident proves an eye opener to the government, resulting in better infrastructure and basic safety precautions being provided to the pilgrims at all times. We really await the day when Government starts shrugging of its responsibilities at the cost of several innocent pilgrims who lose their lives in such a mishap. Can we foresee a day where in people confide in the Government and avert any such scenario in future?

“Dude!! can you really do THIS in courts?? Man, this must be freaking adventurous” jumping on couch with excitement, my friend, an engineering student, asked me this question when we were watching a Govinda movie wherein he puts himself on fire, just to prove his point. “Not just this dude, in another movie, Anil Kapoor gulped whole bottle of poison to save his client!!!” another friend, a CA student this time, clarified. [I swear, for 5 minutes it felt as if I’m both Fardeen Khan and Tushar Kapoor- expression less face with no voice]. I was amazed. It felt as if I belong to a profession of super-heroes who wear black suits instead of tight-fitting costumes (I’m always curious how does Spiderman manages in his is one piece costume when he has to take a leak).  Not been able to bear all this anymore, I intervened “Shut up guys, there is nothing like that. Court proceedings are held in very proper manner. They have procedures, laws, and nobody argues like this and it is the…..” I realized my friends are back to being amazed by Govinda and his gimmicks.

I’m very sure that if there is a Bollywood Constitution of 19_ _, its preamble says “We, the people of Bollywood, solemnly resolve to always portray Court-rooms as per our whims and fancies; show advocates as a WWE wrestlers; and use as spicy dialogues as possible”. What else could be the reason for showing Sunny Deol yelling at court, just for a “date” and searching another hand-pump to show his 2.5 kg hands.

I belong to a family in which no one is even remotely related to courts (not even as parties to a matter) that’s why when I told my dad that I want to do Law, he threw his hands in air and said “and all these years I was happy that no one in our family has mental problems.” I took me months to convince him. My Dad’s friends used to tell him “Sharmaji, how can you agree to let him do law? Look at my son, he is in IIT. So what it took him 3 years to clear the entrance and now has 13 backlogs, atleast he is pursuing a good course, not something useless”. Yes, useless was the word. If anyone asks me, I would say that Law is the only profession which is highly mistaken and misunderstood in our country. For a real layman, lawyers mean people who wear black-coats even in summers, ride scooters and earn peanuts. Law firms, corporate, placements are still out of their dictionary. I don’t know if it’s because of Hindi movies or lack of G.K. or misconceptions, but sometimes it ruins the efforts we put in to get into law schools.

Once I was enjoying hot moong halwa while checking out hotter chicks in a big-fat Indian wedding when a bigger and fatter relative came to me with a girl and said “Beta, this is my son. He is playing role of Balthazar (Portia's disguise as a lawyer) in Merchant of Venice tomorrow. Your mom told me that you went to some imaginary court (moots). Can you please suggest him some damdaar dialogues which he can use in play”. I looked at that girl-boy combo and told him “look, its very easy, just be normal and talk as if you are talking to your friends”. Later I came to know that the combo was expelled from School for using F-word and Hindi slangs in a play.

A lot of times I’ve been told “good yaar, you are becoming a lawyer. Please save me if I murder someone”, and I replied, “yeah, why not. Infact, murderer is like a pizza. If you get caught in 30 mins its fine, otherwise you are free”.  Someone else once asked “why do lawyers have so many copies of one book? (AIR journals). Jokingly, I said “They are not books. They are blank note-books and a lawyer is supposed to fill them in his entire life”, he shook his head as if he understood and said “Oh, like my dadi has that Ram-Ram notebook?” “Yes, like that only”.  At this, I demonstrated what ROFL means…with only difference that I was not laughing but banging my head (ROFBMH).

 A small example of our active Legal System

                         
Here 2 diffrent-2 stories, one of them a common man
and 1 of them a Politician.
A common man get strict punishment for the little crime,while another side a politician get nothing for his big theft(2G Scam) of Rs 1.76 lakh crore.
Let's see 2G Scam in Brief
                                                                 

From the time allegations of misappropriation during the bidding for allocation of 2G spectrum surfaced, till Telecom Minister A Raja's ouster, high drama charged both politics in Delhi and Tamil Nadu. So what exactly is the Spectrum Scam that led to all this?
WHAT IS SPECTRUM SCAM?

• 2G licenses issued to private telecom players at throwaway prices in 2008
• CAG: Spectrum scam has cost the government Rs 1.76 lakh crore
• CAG: Rules and procedures flouted while issuing licenses
  
  
  WHAT ARE THE CHARGES ON FORMER TELECOM MINISTER A RAJA?
   
  CHEAP TELECOM LICENSES
   
•  Entry fee for spectrum licenses in 2008 pegged at 2001 prices
•  Mobile subscriber base had shot up to 350 million in 2008 from 4 million in 2001

 
NO PROCEDURES FOLLOWED

• Rules changed after the game had begun
• Cut-off date for applications advanced by a week
• Licenses issued on a first-come-first-served basis
• No proper auction process followed, no bids invited
• Raja ignored advice of TRAI, Law Ministry, Finance Ministry
• TRAI had recommended auctioning of spectrum at market rates

 

FAVOURITISM, CORPORATES ENCASH PREMIUM
 

• Unitech, Swan Telecom got licenses without any prior telecom experience
• Swan Telecom given license even though it did not meet eligibility criteria
• Swan got license for Rs 1537 crore, sold 45% stake to Etisalat for Rs 4200 crore
• Unitech Wireless got license for Rs 1661 crore, sold 60% stake for Rs 6200 crore

All nine companies paid DoT only Rs 10,772 crore for 2G licences



Now you can judge!






Courtesy- Dainik Bhaskar

     More than six decades has passed of our Independence but we the Indians are still following the British made Laws one such example is Police Act 1861. During the colonioal period the motive of the Police was to suppress the common man and in order to obey the Government orders exploiting the common people BUT  in the post- independence era the role of Police has changed. Now We live in a welfare state and in this welfare State the role of Police is to Safeguard the right of every common people of the society and not to exploit the common people. Now police are the public servants and police should serve the common masses and society.

    That, till today we are following the century old Colonial made police Act and due to this reason the attitude of police towards has not yet changed though their role and nature of duty has changed. Police always has the tendency to exploit the common downtrodden masses. Police are in most cases non-co-operative with the common people. Police still works under the influence of their political masters.

  Moreover, due to the joinder of duties of both investigation and Law and Order Administration maintenace the police are overbardened and because of this the investigation of crimes are hmpering tremendously and as the Cr.P.C. has given ample power to the Police during invstigation stage so the Police taking advantage of their over burdened duties either makes delay or tries to take illegal gratification to perform any investigation which in turn affecting badly the  justice delivery system.

    Hon'ble Suprememe Court of India, in a historical judgement in the Year 2006 in a PIL filed by the Prakash Singh, given order to reform existing criminal justice system to establish better rule of law in the country. The Supreme Court has Ordered to do some revolutionary changes in the Indian Police administration. The Indian Police should be more accountable and should not entertain any kind of political interference.  The Supreme Court has issued seven directives to the centres as well as states to immediately implement the 7-point directives.

    The bench of Chief Justice Y.K Sabarwal, Justice C.K. Thakkar and justice P.K.Balasubramanyam ordered to implement the order on the recommendations of the National Police Commission (1977) recommendations.

The directives too, includes the directives to separate crime investigation and prosecution process from the maintenance of normal law and order.

    That, even after the passing of 4 (Four) years of the said historic order by the Supreme Court, neither the Central Government nor any State Government has taken any major steps to implement police reforms.

   In the year 2008, the Justice Thomas Committee was set up to monitor the implementation of police reforms. Justice Thomas in his report submitted to the Apex court said that none of the States have implemented the Apex court's direction on police reforms.

   On 8th November, 2010 Supreme Court issues notices to the four States Maharashtra, Uttar Pradesh, Karnataka and West Bengal for total non-compliance of the Order.

   On 06th December, 2010 the Supreme Court said that it would see to it  that its judgement on police reform was implemented in its entirety and it was not left in limbo. " we don't wantour judgement to lie in the courtroom," the  Apex Court said. There should be uniformity in the implementation of its direction on police reforms, said the Apex court special bench of Chief Justice S.H. Kapadia, Justice Aftab Alam and Justice K.S. Radhakrishnan.

    The court was reviewing the implementation of police reforms by the West Bengal, Maharashtra, Karnataka and Uttar Pradesh. "We only want the time table for the separation opf investigation from law and order duties of the police, " the Apex Court said, giving the states Four weeks' time to indicate the approximate time they would require to implement the reform in a phased manner.

   Inspite of their reluctance to implement the police reform the States must have to obey the Apex Court Direction and shall have to implement the Police Reforms within no time.

Pronoy Kumar Ghose

A lot is being said and written about the movie "No One Killed Jessica". No doubt, it is a good movie, though not one of those path-breaking classics, but indeed a relief from usual Bollywood types. 

Please don't think I'm writing a review on this movie because for that there are a lot better sites then this one.  What motivated me to write is a thought that crossed my mind when I was watching it. Towards the end, it shows the “public activism” towards the whole Jessica Lall murder case issue, the different protests and how all this led to justice. What makes all this better is that it was a real story and this movie might create a new wave, just like the one created some 5-6 years back by another great movie Rang de Basanti. That movie sort of brought an “awakening” and led to formation of some new NGO’s; chain mails and texts; youth talking about change in India, which is all good, but it lasted only till the movie was there. Soon it was all forgotten. And I’m sure, the same will happen now.

Have you ever thought how and why we are like this? We all know problems in our country. In fact, if there is a competition, an Indian citizen can win it by citing hundreds of them. But the solution, just one: “It will go on till we get good government and to get good government we need to be smart and to be smart we need education and to get education we need money and if not money, at least a good government” Simple. Right? We all are like this. We complain that India is not clean and very next moment, throw the empty lays packet roadside even if there is a litter-box just 5 steps away. And same goes with every other thing. It all goes on till some inspired film-maker makes a movie, enlighten us and after a month that same light fades away and we are back to be as we are (and “we” includes even me).

I’m no saint. I’m not going to open some NGO, wear khadi and keep doing random stuff. I’m a corporate guy. I want to get into a corporate law firm and mint money and I don’t think there is anything wrong with it as long as I’m aware and I’m doing my part towards society. My question is: are you?   

But yes, I have to agree on one thing that we are very good at discussions, especially law students and legal fraternity. We can talk about random topics for hours.  I have seen that happening many times on this very site. But when it comes to solutions or its implementation, nothing at all. There are laws, books, cases about “Corporate Social Responsibility” but have you ever came across anything like “Society’s Social Responsibility (SSR)”. I remember reading a speech or an article by our ex-President of India, Mr. Abdul Kalam and he had rightly said that there are many problems which if the society decides, can solve on itself. We won’t even need a Government to do that for us.

I take two of such problems and tell you how we can tackle them provided we are ready to do our part.

Problem A: Backlog of cases

We have lakhs or may be crores of cases pending before courts which is not only hampering the justice system but also leading to wastage of resources, money, time that cannot be valued. When asked BCI gives a one line answer: “We need more courts, more judges and more people joining litigation rather then corporate”. Yeah right, classic example of “how to shed your responsibility.” Tell me one thing, why should I join judiciary or litigation for this reason only when I know that despite having one of the largest judicial systems it is only because of the poor functioning that we are in this condition.

Solution: Simple math. Around 60 years back, the British said bye-bye to us and left us on our own. But since then we are following the same court system, holidays schedule and “judges are lords” scheme while our population is in race for top position. No offence to anyone, but I don’t understand the need of having summer and winter breaks in courts. They are not schools. And if it is indeed because of climate, then thanks to global warming, June is not the hottest month anymore and January is much colder than December. And even then, when the whole country- right from labourers to MNC people- can work in scorching heat and air conditioned board rooms, why can’t the Courts and Advocates and that too when most of the Courts have cooling system. In fact, realizing their responsibility Courts should also work 2 Sundays a month (corporate guys work all 4 Sundays because client needs reports on Mondays). Secondly, even though Government and Judiciary are different, Courts are something like government bodies and when Government employees get salary, reach office on time (seldom) and complete their work (rarely), why shouldn’t the Courts. The question is: are the advocates and the policy makers who follow this site (and who might read this somewhere else) ready to realize their SSR and take this step? I don’t think so (but I would love to be proved wrong).

Problem B: Litter and poor sanitation.

Solution:

1.   Use dust-bins to throw your waste and not as a wicket for gully-cricket.

2.  (only for guys) its high time we stop pissing around (in literal sense) cos I read somewhere that we are losing some Billions of Dollars just because we treat every other wall, outside the vicinity of our house, as a Toilet.

The question is same: are we ready to change and do this much? I tell you what, do this first and then we will talk about India’s nuke deal, scams, environment and our favorite- Corruption.

[Like a piper waits for money after his show, I’m looking forward to your comments, curses and “golden words”. It would be awe-some if you can mention a problem and a solution to it, lets try to stay Awakened].

Just 4-6 articles sans spelling mistakes a week, rising instances of sensationalism, alleged sex and drinking amongst journalists, and indifference to journalists sucking up to the Radias in the world seems to suggest a serious decline in the standards of journalism.

This is the dismal state of affairs at the Times of India, one of India's premier news and media agencies, as painted by the many commenters that assessed the 168 year old group .

Observing that ToI has moved away from the phase of 'journalism and honesty' to 'sensationalism and yellow journalism', the commenters noted the drastic dilution injournalistic standards. "I think its time we filed a complaint with the Press Council of India. Its time these journos are taken to task. Fancy, printing such lies about a law school!",  said commenter Darth Vader, on the ToI website, perhaps when noticing that certain portions added as quotes to a Times of India article on the National Law School of India University, Bangalore, were unattributed to any specific person or document.

The committee of students from the National Law School reviewing this media agency were quick to point out that the reporter in question was unable to even discern whether the body appointed to review the functioning of NLSIU was a committee or a commission, both of which are decidedly different entities.

The committee of students are posting their report and opinions of the agency in real time, pointing out that this is in direct contrast to the ToI publicising a report that was made about two years ago. They also feel that exclusive access be damned, they want people to know that the reporters at ToI are in the crossfires for not figuring out how to report properly and making such absurd statements as there being only 4-6 hours of classes a week - something which the students often feel they'd very much like to have. Or stating that teachers never turn up, which they often do (again, often against the wishes of the students).

The report states that ToI reporters are often ignorant of and most indifferent to the concept of 'context' and knowing how to read dates and know when it would be of relevance, when it comes to news reports submitted by staff reporters. Also, clearly editors don't love their job or are just plain terrible at them. Further, appointment of 4 year olds (of lowered intellectual ability and no journalistic experience) to handle reporting (journalists) and absence of a formal way to get them to check their facts before going to press has drawn flak.

PS: - 1. Based on the ToI article here - http://timesofindia.indiatimes.com/city/bangalore/Law-School-has-lowered-quality-says-CJI-committee/articleshow/7289201.cms

2. For excellent reasons to IGNORE the above article, see the amazing Legal Poet - //www.legallyindia.com/toi-report-lambasts-nlsiu-inaccurate-cursory-reporting-link-to-reservation-demands

3. This is obviously completely tongue in cheek. I mean, it seems obvious to me that ToI's standards are falling/fallen, but that's my opinion. And I'm expressing it. And yes, I know things are probably not perfect at NLSIU - but where are they perfect? And if someone has to point out the flaws, perhaps they wouldn't do it quite so stupidly next time?

As we know very well that scope of law is increasing a lot....but then the education in colleges is going down...sometimes this may happen due to the fault of faculty or sometimes due to the administration of the college...so why the students will suffer....we all have to protest for this as now this is coming in many colleges like this time we heard the news about National law school of India University Banglore previously about Government Law College Mumbai...and both these colleges are among the best law schools.....am not talking about these colleges particularly but  this may happen to your college also...so if we students dont want these things to happen in future......please reply to this blog...if get some response then we will start a cause to improve the standard of education and will forward these in front of law minister or HRD minister of India.There is a website as entrancecorner.com who has done the same for AIEEE students and got covered in Times of India,The Telegraph for its positive response.....
So everything on us how we make things possible.....

Please give your views on this....

Bangalore: Just 4-6 hours of classroom teaching a week, rising instances of drug abuse, sex and drinking among students, indifference to plagiarism in student project reports and decline in serious research pursuit and academic rigour. This is the dismal state of affairs at Bangalore's National Law School of India University, one of India's premier institutes, as painted by the School Review Commission that assessed the 24-year-old school. Observing that NLSIU has moved away from the phase of "exploration and accomplishment'' to a "phase of diminution and dissatisfaction'', the commission says there is a drastic dilution of academic standards. "The rigorous work culture and singular commitment, the hallmark of NLSIU inthe first decade of its existence, is on the wane. The level of functioning is now far from expectations." The commission, appointed by the Chief Justice of India, was headed by former Supreme Court judge Justice K T Thomas and had professors Virendra Kumar and MP Singh as members. The CJI's office forwarded the report to the law school in May 2009. The recommendations, along with the action taken report by the law school, have been exclusively accessed by TOI. The faculty is clearly in the commission's crosshairs for its inequitable distribution of teaching work and mismatch in allocation of teaching subjects. "Some teachers, especially the young, have been assigned courses in which they hardly had any in-depth exposure. Cancellation of the scheduled class owing to non-availability of the teacher concerned at the last moment, has become a rather common practice," observes the report. The report states that law school teachers are "often ignorant (of) and mostly indifferent" to plagiarism in project reports submitted by students. Appointment of non-academic persons (retired district judge with no teaching experience) to handle academic tasks (adjunct faculty) and absence of a formal control mechanism to evaluate teachers and their working has drawn flak.


Courtesy - http://timesofindia.indiatimes.com/Law-School-has-lowered-quality-says-CJI-committee/articleshow/7289201.cms

                                   Author Name   – Jai Prakash Meena

Court of Arbitration for Sports

           Introduction

Sport is big business accounting for more than 3 per cent of world trade and 1 per cent of the combined GNP of the 15 member states of the European Union (EU).[1] It is not surprising, therefore, with so much money at stake that sports disputes are also on the increase. For example, in the UK some 19 million sports injuries occur each year costing around £500 million in treatment and absence from work.[2] But sports disputes are not confined to personal injuries. They cover a wide range of claims, not least commercial ones relating to, inter alia, sports sponsorship, endorsement, licensing, merchandising, image rights and broadcasting arrangements – a rich seam for sports lawyers to work![3]

                        The Court of Arbitration for Sport, commonly known and referred to by the acronym CAS, is an arbitration body created by the International Olympic Committee (IOC) in 1983. It is also known by its French title, Tribunal Arbitral du Sport (TAS). It is based in Lausanne, Switzerland, and has two permanent branches in Sydney, Australia, and New York, USA. During the Olympic Games, it operates an ad hoc Division, which was first set up on 28 September 1995.[4]

The CAS has a minimum of 150 arbitrators from 37 countries, who are specialists in arbitration and sports law.[5] They are appointed for 4-year renewable terms and must sign a ‘letter of independence’ confirming their impartiality. The CAS also has a permanent President, Judge Keba Mbaye of Senegal, a former member of the International Court of Justice at The Hague.  CAS arbitrators are not generally obliged to follow earlier decisions or obey the sacred Common Law principle of ‘stare decisis’ (binding legal precedent).[6] The extent to which the CAS is contributing to a lex sportiva is one of the topics examined in an interesting article by Ken Foster in the Spring 2003 issue of Entertainment Law.[7] He argues that the CAS as an institutional forum is not yet ‘globally comprehensive’ but ‘has improved by becoming more independent of the International Olympic Committee and thus satisfying Teubner’s criterion of externalization, but it does not yet cover all sports’. The CAS is dedicated to hearing and settling any disputes directly or indirectly relating to sport, including commercial issues, for example, a dispute over a sponsorship contract. Any natural person, for example, an athlete, or legal person, or for example, a sports association or a company, may bring a case before the CAS. The parties must agree to do so in writing. It should also be mentioned that the working languages of the CAS are French and English and, in the absence of agreement between the parties, the CAS shall select one of the two languages as the language of the proceedings. The parties can choose another language provided the Court agrees, in which case the CAS may order the parties to pay all or part of the translation costs. [8] The CAS also offers non-binding ‘Advisory Opinions’ on potential disputes similar to the concept of ‘expert determination’ in the business world

The Remit of CAS

The Court of Arbitration for Sport is competent to resolve all types of disputes of a private nature relating to sport. Article R27 of the Code of Sports-related Arbitration (the Code) stipulates that the CAS has jurisdiction solely to rule on disputes connected with sport. Two categories of disputes may be distinguished: Disputes arising from all types of legal relations between parties in respect of which it has been decided to invoke a  CAS arbitration. For example, sponsorship, TV and athlete management contracts, and issues of civil liability. Disputes  arising from last instance decisions made by the tribunals of sports federations, when their statutes and regulations or a specific agreement provide for CAS jurisdiction. For example, disciplinary issues, in particular, doping, and decisions concerning the selection and eligibility of athletes. Parties involved in sports disputes generally have three possible ways of resolving them: appeal to the internal authorities created by the sports federations concerned, and/or take the disputes to the competent courts, or submit the disputes to private arbitration or mediation. It is important to point out that the regulations of sports federations cannot exclude an appeal of a dissatisfied member to external judicial authorities. Such provisions designed to oust the jurisdiction of the courts are void.[9] However, they can provide in their rules and regulations for parties involved in disputes to first exhaust all the internal remedies and appeal procedures before resorting to the courts.[10]

The Code of Sports-Related Arbitration

Since 22 November 1994, the new Code of Sports-related Arbitration (the Code) has governed the organization and arbitration procedures of the CAS.As such, the 69-article Code is divided into two parts: the Statutes of the bodies working for the settlement of sports-related disputes[11], and the Procedural Rules[12]. The Code provides for four specific procedures:

1. The ordinary arbitration procedure

2. The appeals arbitration procedure

3. The consultation procedure which allows certain sports entities to request advisory opinions from CAS

4. The mediation procedure (created in 1999)

The arbitration procedures are divided in two different phases: a written procedure with exchange of written submissions, and an oral procedure, the parties being heard by the arbitrators, usually at the CAS Headquarters in Lausanne.

The International Council of Arbitration for Sport (ICAS)

The ICAS is the supreme organ of the CAS. It is a Foundation under Swiss Law. Its main task is to safeguard the independence of the CAS and the rights of the parties. To this end, it is responsible for the administration and financing of the CAS. The ICAS is composed of 20 members, all of whom must be high-level lawyers well acquainted with the issues of arbitration and sports law. Upon appointment, the ICAS members must sign a declaration undertaking to exercise their functions in a personal capacity, with total objectivity and independence. This means that under no circumstances can an ICAS member play any part in any proceedings before the CAS, either as an arbitrator or as counsel to a party. Any changes to the Code of Sports-related Arbitration can be decided only by a full meeting of the ICAS and, more specifically, a majority of two-thirds of its members. In other cases, a simple majority is sufficient, provided that at least half the ICAS members are present when the decision is taken.

The Court of Arbitration for Sport (CAS)

The CAS performs its functions through its arbitrators, of whom there are no less than 150, together with the assistance of its Court Office. One of the major new features following the reform of the CAS was the creation of two divisions: an ‘Ordinary Arbitration Division’, for sole-instance disputes submitted to the CAS, and an ‘Appeals Arbitration Division’, for disputes resulting from final-instance decisions taken by sports organizations. Each Division is headed by a President. The role of the Division Presidents is to take charge of the first arbitration operations once the procedure is under way and before the panels of arbitrators are appointed. The CAS Court Office

The CAS Court Office is located in Lausanne, Switzerland. It is headed by the Secretary General, assisted by a Counsel and two secretaries. The main task of the CAS Court Office is to supervise the arbitration and mediation procedures and to advise the arbitrators and the parties (procedure and case law). Other tasks performed by the CAS Court Office include the organization and preparation of the ad hoc Divisions, organization of seminars, and the promotion of the CAS generally.

CAS Mediation

In view of the increasing popularity and effectiveness of mediation in settling sports disputes, especially commercial and financial ones, a comment follows on the CAS mediation service. As previously mentioned, the CAS Mediation Rules were introduced on 18 May 1999. So CAS mediation is still very much in its infancy. Later, we will look at some of the first cases to be mediated by the CAS. As Ousmane Kane, First Counsel to the CAS and responsible for mediation remarks: ‘The International Council of Arbitration for Sport took the initiative to introduce these rules alongside arbitration. As they encourage and protect fair play and the spirit of understanding, they are made to measure for sport.’ CAS mediations enjoy all the benefits and advantages of mediation generally, which are well known, and also the particular benefits of sports mediations.

 CAS Advisory Opinions

Akin to mediation, the Advisory Opinions that CAS is able to render should also be mentioned. These are known as ‘Consultation Proceedings’ and are governed by articles R60–62 of the Procedural Rules of the CAS Code of Sports-related Arbitration. These Opinions may be given in relation to any legal issue with respect to the practice or development of sports or any activity related to sports. They are not legally binding. They are similar in concept to ‘expert determinations’ in the commercial world, but without the binding effect on the parties.

The Legal Status of CAS Awards

An arbitral award rendered by the CAS is final and binding on the parties from the time it is communicated to them. Like any other international arbitral award, it can be enforced according to the usual rules of private international law and, in particular, in accordance with the provisions of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958.If a party is dissatisfied with a CAS award, it is possible to challenge the award in Switzerland, where the CAS has its seat,[13] but only in the following limited circumstances under article 190(2) of the Swiss Federal Code on Private International Law  of 18 December 1987:

• if a sole arbitrator was designated irregularly or the arbitral tribunal was constituted irregularly;

• if the arbitral tribunal erroneously held that it had or did not have jurisdiction;

• if the arbitral tribunal ruled on matters beyond the claims submitted to it or if it failed to rule on one of the claims;

• if the equality of the parties or their right to be heard in adversarial proceeding was not respected;

• if the award is incompatible with Swiss public policy.

Conclusion

To date, it has proved to be a very popular and effective body for settling a wide range of sports disputes fairly, effectively, quickly and relatively inexpensively ‘within the family of sport’ rather than in the often hostile and costly environment of the ordinary courts. Its procedures are user friendly and flexible and most cases referred to it are settled within months rather than years. Its cases are varied and come from all over the sporting world, including the commercial side. In doing so, it is serving the needs of sport, which continues to be an ever-expanding global social and business phenomenon.

Year: 2050.

Scenario:  On the vast plains of erstwhile Sunderbans forests, there are 2 armies locking horns with each other. And not just an army, army of armies. Just like Troy.  On one side, there are some of our own “Black Suited-up” homo sapiens and facing them is beloved and most reliable, kutra i.e. Dogs. Yes, it is a final battle between Dogs and Humans. The reason is not some weird sounding and mass-weapon-sort-of virus. It’s because they are not the only dedicated "lickers" anymore.

Sounds bizarre right? But it’s not.

I disclaim it right here, that I’m not comparing anybody with anyone. It’s an observation that how some of the people from the black-suit community might give heavy competition to the dogs if they keep on learning the skills of becoming a licker.

In fact in a law school, while some people become a good “lawyer”, some turn out to be a good “licker”. It starts from very first day when lickers start licking the feet of their seniors for projects, moots, books etc. etc. Then come teachers and the VC for reasons varying from good marks, to good recommendation, to convernership of a core committee of college. Whenever I meet an over-enthusiastic and hyper-excited first-year law student, I always ask him one question: “Why law?” And the answer is same, every time: “Law is my passion…blah blah; I want to do something for society…blah blah; it’s multidimensional…blah blah…and more blah”. And 2-3 years down the line, you will 90% of these guys licking for ANSS or KGC or Bilegal.

They “lick their way” to reach the offices of law firm partners and associates for internships and final placements. And even when they get there, since they are very hard working about this, they keep on licking till they become partner of a firm. It’s given a glorified name- “Corporate politics” but in the end its nothing but who licks the boss better and get the promotion or year-end bonus. Because the motto is- “the more you lick, the more you get.”  

Those from this herd reaches court-rooms, start licking the one with tallest chair. Why? to become senior counsel, to become solicitor general, to have a smooth way for winning cases and to become numero uno. And who cares how you reached there when you are driving a Porche, have an I-pad and a Blackberry.

Don’t get me wrong. I’m not preaching right or wrong here. Cos there is no right or wrong. This is something which I have observed and I can tell you, everybody does that, everyone has done it at some point or other because everyone wants to be rich and successful and for that if they have to lick, they will happily do that. How does it matter if because of this, someone who deserves loses a chance for PPO, or for a moot, or to win a case? It’s all about competition. And this is rule of the game. 

Therefore, the moral of this story is that if you think by studying hard, or by working hard in interns or by winning the best moot you will succeed, you are wrong because in the end the biggest licker, is the winner.  

Court of Arbitration for Sports             Author Name   – Jai Prakash Meena

Introduction

Sport is big business accounting for more than 3 per cent of world trade and 1 per cent of the combined GNP of the 15 member states of the European Union (EU).[1] It is not surprising, therefore, with so much money at stake that sports disputes are also on the increase. For example, in the UK some 19 million sports injuries occur each year costing around £500 million in treatment and absence from work.[2] But sports disputes are not confined to personal injuries. They cover a wide range of claims, not least commercial ones relating to, inter alia, sports sponsorship, endorsement, licensing, merchandising, image rights and broadcasting arrangements – a rich seam for sports lawyers to work![3]

                        The Court of Arbitration for Sport, commonly known and referred to by the acronym CAS, is an arbitration body created by the International Olympic Committee (IOC) in 1983. It is also known by its French title, Tribunal Arbitral du Sport (TAS). It is based in Lausanne, Switzerland, and has two permanent branches in Sydney, Australia, and New York, USA. During the Olympic Games, it operates an ad hoc Division, which was first set up on 28 September 1995.[4]

The CAS has a minimum of 150 arbitrators from 37 countries, who are specialists in arbitration and sports law.[5] They are appointed for 4-year renewable terms and must sign a ‘letter of independence’ confirming their impartiality. The CAS also has a permanent President, Judge Keba Mbaye of Senegal, a former member of the International Court of Justice at The Hague.  CAS arbitrators are not generally obliged to follow earlier decisions or obey the sacred Common Law principle of ‘stare decisis’ (binding legal precedent).[6] The extent to which the CAS is contributing to a lex sportiva is one of the topics examined in an interesting article by Ken Foster in the Spring 2003 issue of Entertainment Law.[7] He argues that the CAS as an institutional forum is not yet ‘globally comprehensive’ but ‘has improved by becoming more independent of the International Olympic Committee and thus satisfying Teubner’s criterion of externalization, but it does not yet cover all sports’. The CAS is dedicated to hearing and settling any disputes directly or indirectly relating to sport, including commercial issues, for example, a dispute over a sponsorship contract. Any natural person, for example, an athlete, or legal person, or for example, a sports association or a company, may bring a case before the CAS. The parties must agree to do so in writing. It should also be mentioned that the working languages of the CAS are French and English and, in the absence of agreement between the parties, the CAS shall select one of the two languages as the language of the proceedings. The parties can choose another language provided the Court agrees, in which case the CAS may order the parties to pay all or part of the translation costs. [8] The CAS also offers non-binding ‘Advisory Opinions’ on potential disputes similar to the concept of ‘expert determination’ in the business world

The Remit of CAS

The Court of Arbitration for Sport is competent to resolve all types of disputes of a private nature relating to sport. Article R27 of the Code of Sports-related Arbitration (the Code) stipulates that the CAS has jurisdiction solely to rule on disputes connected with sport. Two categories of disputes may be distinguished: Disputes arising from all types of legal relations between parties in respect of which it has been decided to invoke a  CAS arbitration. For example, sponsorship, TV and athlete management contracts, and issues of civil liability. Disputes  arising from last instance decisions made by the tribunals of sports federations, when their statutes and regulations or a specific agreement provide for CAS jurisdiction. For example, disciplinary issues, in particular, doping, and decisions concerning the selection and eligibility of athletes. Parties involved in sports disputes generally have three possible ways of resolving them: appeal to the internal authorities created by the sports federations concerned, and/or take the disputes to the competent courts, or submit the disputes to private arbitration or mediation. It is important to point out that the regulations of sports federations cannot exclude an appeal of a dissatisfied member to external judicial authorities. Such provisions designed to oust the jurisdiction of the courts are void.[9] However, they can provide in their rules and regulations for parties involved in disputes to first exhaust all the internal remedies and appeal procedures before resorting to the courts.[10]

The Code of Sports-Related Arbitration

Since 22 November 1994, the new Code of Sports-related Arbitration (the Code) has governed the organization and arbitration procedures of the CAS.As such, the 69-article Code is divided into two parts: the Statutes of the bodies working for the settlement of sports-related disputes[11], and the Procedural Rules[12]. The Code provides for four specific procedures:

1. The ordinary arbitration procedure

2. The appeals arbitration procedure

3. The consultation procedure which allows certain sports entities to request advisory opinions from CAS

4. The mediation procedure (created in 1999)

The arbitration procedures are divided in two different phases: a written procedure with exchange of written submissions, and an oral procedure, the parties being heard by the arbitrators, usually at the CAS Headquarters in Lausanne.

The International Council of Arbitration for Sport (ICAS)

The ICAS is the supreme organ of the CAS. It is a Foundation under Swiss Law. Its main task is to safeguard the independence of the CAS and the rights of the parties. To this end, it is responsible for the administration and financing of the CAS. The ICAS is composed of 20 members, all of whom must be high-level lawyers well acquainted with the issues of arbitration and sports law. Upon appointment, the ICAS members must sign a declaration undertaking to exercise their functions in a personal capacity, with total objectivity and independence. This means that under no circumstances can an ICAS member play any part in any proceedings before the CAS, either as an arbitrator or as counsel to a party. Any changes to the Code of Sports-related Arbitration can be decided only by a full meeting of the ICAS and, more specifically, a majority of two-thirds of its members. In other cases, a simple majority is sufficient, provided that at least half the ICAS members are present when the decision is taken.

The Court of Arbitration for Sport (CAS)

The CAS performs its functions through its arbitrators, of whom there are no less than 150, together with the assistance of its Court Office. One of the major new features following the reform of the CAS was the creation of two divisions: an ‘Ordinary Arbitration Division’, for sole-instance disputes submitted to the CAS, and an ‘Appeals Arbitration Division’, for disputes resulting from final-instance decisions taken by sports organizations. Each Division is headed by a President. The role of the Division Presidents is to take charge of the first arbitration operations once the procedure is under way and before the panels of arbitrators are appointed. The CAS Court Office

The CAS Court Office is located in Lausanne, Switzerland. It is headed by the Secretary General, assisted by a Counsel and two secretaries. The main task of the CAS Court Office is to supervise the arbitration and mediation procedures and to advise the arbitrators and the parties (procedure and case law). Other tasks performed by the CAS Court Office include the organization and preparation of the ad hoc Divisions, organization of seminars, and the promotion of the CAS generally.

CAS Mediation

In view of the increasing popularity and effectiveness of mediation in settling sports disputes, especially commercial and financial ones, a comment follows on the CAS mediation service. As previously mentioned, the CAS Mediation Rules were introduced on 18 May 1999. So CAS mediation is still very much in its infancy. Later, we will look at some of the first cases to be mediated by the CAS. As Ousmane Kane, First Counsel to the CAS and responsible for mediation remarks: ‘The International Council of Arbitration for Sport took the initiative to introduce these rules alongside arbitration. As they encourage and protect fair play and the spirit of understanding, they are made to measure for sport.’ CAS mediations enjoy all the benefits and advantages of mediation generally, which are well known, and also the particular benefits of sports mediations.

 CAS Advisory Opinions

Akin to mediation, the Advisory Opinions that CAS is able to render should also be mentioned. These are known as ‘Consultation Proceedings’ and are governed by articles R60–62 of the Procedural Rules of the CAS Code of Sports-related Arbitration. These Opinions may be given in relation to any legal issue with respect to the practice or development of sports or any activity related to sports. They are not legally binding. They are similar in concept to ‘expert determinations’ in the commercial world, but without the binding effect on the parties.

The Legal Status of CAS Awards

An arbitral award rendered by the CAS is final and binding on the parties from the time it is communicated to them. Like any other international arbitral award, it can be enforced according to the usual rules of private international law and, in particular, in accordance with the provisions of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958.If a party is dissatisfied with a CAS award, it is possible to challenge the award in Switzerland, where the CAS has its seat,[13] but only in the following limited circumstances under article 190(2) of the Swiss Federal Code on Private International Law  of 18 December 1987:

• if a sole arbitrator was designated irregularly or the arbitral tribunal was constituted irregularly;

• if the arbitral tribunal erroneously held that it had or did not have jurisdiction;

• if the arbitral tribunal ruled on matters beyond the claims submitted to it or if it failed to rule on one of the claims;

• if the equality of the parties or their right to be heard in adversarial proceeding was not respected;

• if the award is incompatible with Swiss public policy.

Conclusion

To date, it has proved to be a very popular and effective body for settling a wide range of sports disputes fairly, effectively, quickly and relatively inexpensively ‘within the family of sport’ rather than in the often hostile and costly environment of the ordinary courts. Its procedures are user friendly and flexible and most cases referred to it are settled within months rather than years. Its cases are varied and come from all over the sporting world, including the commercial side. In doing so, it is serving the needs of sport, which continues to be an ever-expanding global social and business phenomenon.

At the (almost) end of my law school, when I look back, I found how things have changed. Some words, that were alien, or had different meaning, becomes inseparable like soulmate. You live with these words, sleep with them, eat with them and they keep stalking you even after you graduate.

Here is a small part of that law school dictionary:

1.       Moot Court (noun) : The most over-hyped thing in law school. Also known as cupid or matchmaker for hitching the oralist-oralist, oralist-researcher, researcher-researcher. 

Annotation: Moots is like a Karan Johar's movies- it starts with expectations, excitement and happy-happy faces. By the time it finishes first quarter, you feel burdened and want to run-away. When its the interval or half-time, you start getting irritated and ego-clashes, tensions start building up between team mates (read:family) . By the time it ends, you feel like killing yourself for wasting time and money and wow never to do that again. But like a witch it catches you next semester by allurements like a hot moot partner or chance to holiday in paris, hong kong, vienna or a sparkling achievement in CV. 

2.     Sutta (noun) : a roll that sets many things straight.

Annotation: If there is one thing which works like a common thread, a link between all law students across different law schools is- sutta. Its like a best friend, it helps you in exams, getting over a bad break-up, stressbuster, a great way to make buddies and also makes you learn the importance of sharing. A law school is indeed incomplete without this tiny little support system.

3.      Fanti (noun): a very rare species which if found, results in sudden increase in expenses and decrease in happiness. Also known as "setting" or "item". 

Annotation: Just a piece of advice: it might be highly rewarding and lucrative to have one but stay away from such dangerous things if you want to live independent in independent India.

4.      Internship (noun): a period during which law students slog their a**es with hopes to get a placement with the best firms of country. Also known as "booze period" or "clubbing period" for law students from dry state in India. 

Annotation:  A word which is an alien thing till your school, becomes a haunting reality the moment you step into a Law School. It becomes a scale to judge how a person is and thats cos "the more, the merrier" is the motto and in this case, size does matters.

5.       CCP (verb) : a pure display of one's art.

Annotation: Undoubtedly, CTRL+X, CTRL+C and CTRL+V are the most used keys by a law student. It takes hours of hardwork and zeal to master the art so that you can easily bypass any anti-piracy software of the law school. Moreover, it requires awesome formatting skills to give it such a makeover that it looks better then the original.  

6.      Jugaad (noun) : A great tool. Works like a midas touch if used smartly and at appropriate time. 

Annotation: Everyone knows what it is. Those who have this, want to use it as much as they can. And those who don't have it, either curses their parents for not making any connections or just use sutta to get over the jealousy.  

7.       Gymnesia (verb): a state of complete insanity wherein a person dreams to get six packs and hulk-wolverine type "body" but ends up looking like a trolley-pulling labourer.  

Annotation: Gymming is good, gymming is healthy but dont be a freak about it. I mean, if you really want to get a good physique, go for it. But don't just buy all the supplements, Reebok shoes, Addidas gear when you know you will quit it in a week and play C.S. (defined below) in your bed wearing the same gear.  

8.      Bhai (adj.): used variedly and vividly like in case of need, to show affection, to make sure a guy stop hitting on you or to differentiate between "friends" and "best friends.
Annotation : The guys get the credit for evolving this term which is most widely used not just in law schools but most of the colleges. The reason: movies like Kal ho na ho and Dostana which left a doubt that 2 guys can be more then just friends. So its better to refer your friend as bhai and shave all raising eyebrows. Its also useful when you need stuff like "ek sutta de de yaar, tu hi toh bhai hai"- see, one word, so many uses. 

9.      C.S. (noun): a gift of science to have a transition from "nerd herd" to "dude gang"...and vice versa.

Annotation:  "Need is mother of invention". In this case, need of both mother and father led to this invention. Every parent has complaints from their kids. Parents of geeks, want them to become smart dudes and parents of dudes want them to be a little geeky atleast. And that led to C.S. (Counter Strike). Its simple: if you stay glued to your laptop for hours, you will need glasses after a while- hence you get the geeky look. Similarly, if you are a nerd, but awesome in C.S., you become a dude. What an amazing dual purpose game!! 

10.   Dassu (adj.) : used to describe a rare quality although being communicable its spreading at fast rate.

Annotation: People of this species are also known as "pakau" "bugger" or "saanp". Some people master the art of bugging. And more interestingly, the mode. Some crib a lot, some talk, some just sit next to you and use their body language. Fascinatingly, a dassu never comes to know that he is one or that he daso-fy people until he is made aware of the fact. More dangerous species then fanti.  

Thats all folks. Thank you for reading it till here and take sigh of relief cos this is the end part. I mean, where the bad post ends. Like culmination. okay, thats it.

The Indian judiciary and the hierarchy of courts is a perfect solution for such a huge and diverse democracy. In present case, I am talking about Punjab, Haryana and U.T. Chandigarh. The Capital of Punjab and Haryana i.e. Chandigarh, has almost all the Tribunals and appellate courts i.e. High Court, DRT, SCDRC, AFT, ITAT, CAT etc. for the said states.

The solution was establishing all such tribunals and appellate courts in one city and dealing with all the related work at one junction. But the solution is turning to be a problem more severe than it is felt. Establishing the appellate courts/tribunals in a single city tends to create opportunities for lawyers practicing at such city at the expense of denial to other lawyers of other districts in that state. Now, when work flows people tend to flock the said town in search of work, which further creates innumerable problems for the said town in terms of housing, traffic, infrastructure etc. 

My point here is if the government decides to establish all these tribunals, appellate courts in different towns of the state, the same will ensure dual benefits. Firstly, it will offer equal opportunity of work to lawyers in all the districts of that state. Secondly, the problems of traffic, migration and infrastructure will be reduced drastically and will ensure uniform growth for whole of the state rather than over burdening a single town and concentration of work at the hands of few. The increasing number of lawyers and shrinking amount of work, makes it even more important to provide equal opportunity to each lawyer in every district, rather than making it monopoly of few.