2011 session

Next Sesion of year 2011 for semester II/IV/VI will start from 14 January,2011.

Hence winter break is extended.

(News as per notice board of CLC)

Exam News- V semester

First Exam of CPC was really a hard nut to crack. The Question paper was unperdictable but simple keeping in mind the previous pattern. No question was not asked based on specific case from the case material, hence benefiting those students who studied only the basic provisions. The very basic purpose of Case Method Study seems to have been frustrated. Further very less importance was granted to some of the important topics.

A wide resentment can be seen in this regard amongs students.

However, one of the faculty member(name ommitted) told us that a meeting will be conducted soon in this matter.

Granting Grace marks or leniency in Checking the answer sheet can be the temporary solution. But it is humbly urged to the faculty members and administrators to keep a look at the syllabus of such an important subject and divide its course in two parts. So that while framing the question paper the essence of Case Study Method is preserved.

On Behalf of LC1B Team,

Robin Bhakhan.

List of Detained students

The list of all detained students in 1st, 3rd and 5th semesters have been posted on centre's notice board. Admit cards will be given soon.

with all best wishes,

Law Centre 1 blogs team.

revised date sheet : Dec 2010

I know pics are of bad quality! But still they may serve the purpose. All the best!

revised date sheet

Revised date sheet: 3rd year:
CPC 6th Dec,
 Juris 9th Dec,
 BR 13 Dec,
DRC 16th Dec,
 IPL 21st Dec,
 ITL 24th Dec &
 Env. Law 28th Dec.

initium

the first ever grand fest being organized in law centre I
ITS CALLED.....................INITIUM THE BEGINNING.......
to celebrate the initium of placement cell, legal aid clinic & of course the biggest event in law fac.
get ready for the real fun
on 1st nov, 2010
inauguration @3pm by Mr. Sandeep Dixit
inter college street play comptt.@4pm
mr&ms initium(fresher)@7pm
jam session@8pm

on 2nd nov, 2010
inter college choreo comptt.@5pm
law fac band performance@6.15pm
inter college western dance comptt@7pm

0n 3rd nov, 2010
inaugration of free legal aid clinic@4pm
inter college battle of bands@5pm
pop night by JJHOOM Band@7pm








VENUE: LAWN, FACULTY OF LAW, CHATRA MARG, UNIVERSITY OF DELHI.  110007
NEAREST METRO STATION: VISHVIDYALAYA

Foreign educational bill: social exclusion / inclusion? Skinning the cat

Foreign educational bill: social exclusion / inclusion? Skinning the cat

-V.Elanchezhiyan LL.M

Advocate

The Foreign Educational Institution (Regulation of Entry and Operation) Bill, 2010(hereinafter called as Foreign Educational Bill) has created considerable amount of discomfort amongst students, academics alike, there is apprehension in almost all educational circuits, while Hon'ble Minister Sibal said:

'A revolution larger than the one in the telecom sector awaits the education sector,'

While academicians like G Thiruvasagam vice chancellor, University of Madras expressed his apprehension towards opening of foreign would affect social justice, he said:

"When our own private universities and deemed universities are not taking care of the interests of students hailing from socially backward and economically weaker sections, how can we expect foreign universities to admit such students? We will be restricting access to higher education in foreign universities only to students belonging to rich families. Should we give our soil (land) and resources to foreign institutions to take care of the interests of the rich alone?”

This is a milestone/ stone can be decided by the public participation via Referendum. It is a matter of fact that 100% foreign direct investment venture cannot correspond to an iota of charity; prima facie this raises brows of common man. Moreover, the Home Minister has already said that quota laws will not be applicable to foreign universities setting up campuses in India. Non-application of Quota laws here indicates that this legislation does not only deprive reservation to the lower class but also to Indians.

Let me throw some economical insight into the issue, the purchasing power parity (PPP) compared to commonwealth countries we are in the lower strata. A foreign student who wished to study in Harvard have to pay a considerable some of amount, hypothetically analyzing, say he has to pay $1500 per semester, $ 1000 on the cost of living, Conversely, in India he might have to pay 1/10^th of the fee and considerably a very meager cost of living. The PPP for a European is very cheaper while the PPP of an average Indian is higher notwithstanding the Indian soil. Our RBI has itself delineated between 'hard currency' and 'soft currency. 'Jindal Global Law School charges 7 lakh per anum, would it be practically possible for a poor student to pay, it is next to impossible for even a middle class student to pay such a amount.

The issue gets murkier if we get into the itinerants of economy. It is true that the world is shrinking into a globalized village and we have to coach ourselves to the nitty gritties of the globalized world but it should not open the water gates to plunder the Indian soil. Life is not based on logic but based on experience, the Indian experience has had taught us a lot of theoretical class, it is time for practicals to understand the truth of globalization. I do not see the bill pessimistically but consider it as a caution from the experience of East India Company, today the approach of every developed nation is not on the basis of charity but profit is the ultimate motive. Where the motive is profit then there is every possibility of exploitation.

At the outset, I have put forth a critical appraisal with respect to the Foreign Educational Bill not with intention to blanketing out the legislation, but with bonafide intention to critically appraise the same and re-modulate in the light of the Constitutional goals. Constitution of India facilitates globalization not at the cost of constitutional ideals. Our growth should be an inclusive growth not an exclusive one. Minimizing the disparities between the have’s and have-not’s is enshrined goal in art.38, my simple submission is education which would ouster poor from institution of highest standard would further the gap between rich and the poor, would exaggerate disparity.

Any growth that does not provide inclusive growth cannot be a bonafide growth i.e., why people talk about reservation, women reservation bill is based on adequate representation of women. It is apathy of the legislators who could not comprehend the necessity of participation in the democratic process cannot be called as ‘democracy,’ to put it star kingly, it would be called as ‘democrazy.’ The whole process of democracy insists in national integration, if particular classes are not allowed to raise their voice then it would not called as democracy.

Globalization at this point needs to appreciated by common people, if they fail to understand the pace and necessity then it would send a wrong message. Policy makers have to choose a growth strategy, communicate their goals to the public, and convince people that the future rewards are worth the effort, thrift, and economic upheaval. They will succeed only if their promises are credible and inclusive, reassuring people that they or their children will enjoy their full share of the fruits of growth. Such leadership requires patience, a long planning horizon, and an unwavering focus on the goal of inclusive growth.

The open world economy offers developing countries elastic market. Is exclusion the only route to growth? Some economies have instead looked inward, competing with the home market, rather than competing for foreign market. The exclusive strategies have occasionally succeeded in inviting investments. The growth strategies that rely exclusively on domestic demand or exclusively on international demand eventually dig their own graveyard. So there is a need of ‘mixed economy,’ that’s why we adopted mixed economy as indispensable route to achieve equal participation of national and international players in the market.

Growth is not an end in itself. But it makes it possible to achieve other important objectives of individuals and societies. It can spare people en masse from poverty and drudgery. Nothing else ever has. It also creates the resources to support health care, education, and the other Millennium Development Goals to which the world has committed itself. “Sacrificing internal growth at the cost of growth cannot be termed/defined as growth.” To grow means grow equitably, if the hands grow without the growth of legs then it would be absurd growth.

In the Minmasa Interpretation there is a term called 'Matsysa Nyaya' which justifies the act of big fish to devour/consume the smaller one. Globalization should not mean 'Matsysa Nyaya' it should be based on 'Santhosam Paramamsuham. ' Whenever there is a violation of Fundamental Right the Supreme court tests the act under the trinity of art.14, 19 and 21, similarly, whenever there is a new policy it has to be tested under the anvil of art.38 because the spirit of social democracy lies in this article. It states that the state has to strive to minimize inequalities not only among individuals but also groups.

The Supreme Court in D.S. Nakara's case opined that the Socialism in India is a blend of 'Marxism' and 'Gandhism' but heavily loaded with Gandhian flavour. In the light of aforesaid observation every legislator who brings out a policy must test it by using the 'Gandhi's talisman,' " Close your eyes Mr Sibal think about the poorest student who have come from the huts, jhugi's, jopadi's, villages, small towns, towns, metropolitan towns and other quarters who have dared challenge the odds of life does the Foreign university bill could improve the condition of the students, then go ahead."

In my opinion education should include a hybrid reform program with the following features:

First, broad strategic objectives are needed to exchange or share knowledge, ideas, or products. Special attention to adult education of deprived class is indispensable to attain harmonization between have’s and have-nots. We have reserved seats in institution to harmonize the level of participation of players of all class to understand the niceties of various diversities so that one can better understand the needs of other classes.

The second effort should be at the global level in sharing knowledge, ideas, or products. The Globalized mechanism brings forth inter-junctions of various cultures at one point. The cultural exchange of one nation on the other should be based on mutual appreciation and tolerance of practice would bring harmony at international level.

Finally, I am of the opinion that Foreign Educational Bill should focus on social inclusion or inclusive development. We have to understand that improving living standards, social sustainability, and equity considerations are critical to the development process. The Constitutional principles would get a meaning if the policies of the government ensure equal opportunities for all individuals participating in the globalzing process, regardless of origin, race, place of birth, or gender or else we should send a copy of our Constitutional document national archives sine die.

Our father of nation has made it lucid in one of his remark that, “we should allow the winds of east, west, south and north to flow on all sides but not allow our feet to be taken of.” However, we should understand the needs of globalised world otherwise we would fail miserably. To remind the wise words of our wizened the then learned justice

V.R.Krishna Iyer in Maneka Gandhi’s case opined(para72):

“One of the great causes of India's misery and downfall has been that she narrowed herself, went into her shell, as the oyster does, and refused to give her jewels and her treasures to the other races of mankind, refused to give the life giving truth to thirsting nations outside the Aryan fold. That has been the one great cause, that we did not go out, that we did not compare notes with other nations - that has been the one great cause of our downfall, and everyone of the you knows that that little stir, the little life you see in India, begins from the day when Raja Rammohan roy broke through the walls of this exclusiveness. since that day, history in India has taken another turn and now it is growing with accelerated motion. If we have had little rivulets in the coast, deluges are coming, and none can resist them. Therefore, we must go out, and the secret of life is to give and take. Are we to take always, to sit at the feet of the westerners to learn everything, even religion ? We can learn mechanism from them. We can learn many other things. But we have to teach them something .... Therefore we must go out, exchange our spirituality for anything they have to give us; for the marvels of the region of spirit we will exchange the marvels of the region of matter .... There cannot be friendship without equality, and there cannot be equality when one party is always the teacher and the other party sits always at his feet .... if you want to become equal with the Englishman or the American, you will have to teach as well as to learn, and you have plenty yet to teach to the world for centuries to com.”

Human capital flight or 'brain drain' has to be contained for the betterment of India. The risk of a brain drain would cause a collateral damage to developing countries like india. India may well lose skilled law students who might be eminent lawyer, researcher, judge. India has opened the gates for potential indians to comeback and serve their nation as the wisdom of liberalisation have optimal advantage for the growth rate.in the light of the growing need of quality work we need best of the best. If institutions equivalent to be harvard were allowed to be accessed then it would bring a drastic change in the outlook of indians. We would acquire the potential to bargain in equal footing. The word Social inclusion at global level would indeed come true.

NUCLEAR NECESSITY.

--V.Elanchezhiyan, LLM, Advocate
LC-1 2005-08

India in the past had shown aversion to the use of nuclear weapons as a tool of offensive military force, however had emphasized in use of nuclear power in productive process for harnessing scientific and technological developments. Nehruvian outlook was more aversive in harnessing nuclear weapon as a strategical point of view, rather the deemphasis was limited to destructive elements while he firmly believed in civil nuclear program. The Indian Atomic Energy Commission was established in 1948 to begin developing India’s civil nuclear program.

India precluded from signing the NPT on the grounds that it is discriminatory. India opposed the treaty for prohibiting horizontal proliferation (from states with nuclear weapons to those without them) but not vertical proliferation(within nuclear weapon states). India was antagonistic towards unequal obligation on states without nuclear weapons, however, India has committed to nonproliferation, the same was reflected from the general assembly agenda of 1964 where India was the first country claiming to insert nonproliferation into the agenda. The Indian vision was farsighted in comprehending the importance of nuclear technology as the technology of the future and is likely to become the most potent instrument of economic development and social progress, it would be invidious for a greater part of the world to become wholly dependent on a few nuclear states.India fortified its stand once more during the CTBT (Comprehensive Test Ban Treaty) negotiations. The display of its aversion came into light once again in the 1996 Geneva Conference on Disarmament. India was the sole country to relegate from the consensus leading to blockade in submission of draft.

Despite its retrograde steps the U.S has had significantly supported Indian nuclear developments, but the later developments particularly beginning with developing indigenous nuclear weapons capability beginning with Israel by 1968, India by 1974 and Pakistan by 1988 took topsy turvy relationship with U.S. Though India claimed nuclear test as peaceful one, the “smiling Buddha” could not able to influence the world nations for apprehensions started nagging even the super powers, this resulted in formation of the NSG and the dawn of an new era of nuclear technology control based policies. Though the relationship with U.S/Russia was continuing the affront was felt by legal constraints with the result of Nuclear Nonproliferation act 1978. The Indian position overtly resembled as peaceful nuclear test but covertly the test is clear cut emphasis of deterrence theory against Pakistan. Sensing Indian test is not purely peaceful the Pakistan reacted to the deterrence exercise by counteracting nuclear test in 1988. The resultant test received admonishment by way of sanctions and Security Council Resolutions condemning the test and ruling out the possibility of India or Pakistan as a Nuclear weapon power.

With the growth of China as a superpower the U.S shifted its approach towards India recognizing the need to have strategic partner, the Secretary of State Condoleeza Rice visit in 2005 expressed the willingness to break the longstanding nonproliferation orthodoxy. The change in the stand was not per se enlightenment of Indian purity but to counterbalance the emerging superpower. The relationship between India-U.S is not symmetrical one but rather asymmetrical based on varied set of factors. Indian interest lies in guaranteed supply of nuclear fuel while U.S have ulterior interest in strategic importance of creating a base in Indian soil as deterrence against china’s growth. The benefits India intends irrespective of NPT signatory, the rights received to member of the treaty has undermined the very NPT treaty.

Iran claim to enrich uranium for peaceful purpose ostracized the hypo critic attitude of western nations who have consistently failed to meet their disarmament. Though it is signatory, so far have not ratified NPT, it quoted Israel, India and Pakistan who have developed their indigenous nuclear weapon capability. Therefore, the fission action has culminated into developing indigenous nuclear weapon capability is clearly evident from North Korea's claiming legal right to enrich nuclear capabilities. The assertiveness of claiming a legal right to development has been a chain reaction multiplying at snail’s pace.

Though NPT may appear a treaty aiming to bring under one umbrella under the aegis of International Atomic Energy association, nevertheless the objective of bringing all and sundry under the surveillance is directly proportional to contemplate International Law as a true law. If countries like Iran, North Korea claim legal right to possess nuclear energy as part of the inadequacy and environmental degradation due to depletion of natural resources, lack of resources to cater the ever booming population, there would be recalcitrant attitude of nations over the very foundation of NPT which would indirectly put the International Law under the limbo, denoting Holland's claim of International Law as a vanishing point of jurisprudence would indeed become a reality.


It cannot be gainsaid that nuclear technology has advantages and disadvantages, the advantages is indeed incomparable because of their inexpensiveness comparative the energy produced above all it does not emit carcinogenic air pollution or carbon dioxide, an important factor for any nation dealing with clean development mechanism. The disadvantages is remote though would endanger the very survival of human being, like nuclear weapons falling under the hands of terrorist organization, nuclear wastes, remote possibility of accident would be extremely dangerous. Any tool falling within the hands of the reckless person would endanger the peaceful ambiance. The reason that disadvantage would cause irreparable loss the same should be completely banned would not be wise proposition. Any technology used with sufficient caution/precaution would provide bounty of benefits. A great deal of security and bureaucratic oversight is indispensable. Together with IAEA surveillance would couple the result manifold in nature.

Apart from security concerns and common defense, the use of nuclear energy would cater the needs of the public in production, standard of living and above all reduce poverty. Today the skirmishes of rise of gasoline has send a red alert to the common man who feeds of hand to mouth existence, he can only be relieved from the clutches of gasasur( ‘sur’ denotes rakshasa) through nuclear energy. The common man is going to starve to death because of price rise on the other hand there is a remote possibility of accident, terrorist attack, in both cases the demise of common man is guaranteed, then why not err on the side of caution. No doubt the bhopsophobia has left a scar in the Indian soil causing irreparable loss to the present and future generation was a reckless step adopted by the then Indian government, the present nuclear liability bill is indeed a cautious step that would act as a safety valve from genesis i.e. installation of nuclear plant, every step guarded with utmost caution, till the disposal governed by the law. what is the real problem for stunted growth in present Indian context is energy inadequacy, once we get the stamina to run with supportive endurance that is balancing by way of checks and measures through the reins of law, then the growth of India is irresistible.

RETHINKING STRUCTURAL CHANGES TO COUNTER CORRUPTION: GOOD GOVERNANCE.

--V.Elanchezhiyan, LLM, Advocate

LC-1 2005-08

At the outset combating corruption is not a simple task, it cannot be contained by legislation simpliciter nor creating an agency to tackle anti-corruption, but nonetheless by structural changes into the archaic administration. Though the European have left India, the European mentality have crept into the system like the Satan did in Milton’s Paradise Lost.


In an era of competition where most of the burden of providing services to the common man has been divulged between the Government and Non-Government entities, there are certain services which cannot be provided by Non- Government entities because the services catered are mostly sovereign and indispensable in nature.

Good Governance is coined by the World bank, it got calibrated with more emphasis by IMF and later by various organizations. Though there are various definitions put forth by various organizations, none received such conclusiveness as Governance is per se evolving in nature. At the outset, one should not loose the sight of the literal meaning of the word ‘Good Governance’ which is macroscopically evident from the very word itself. The word ‘Good’ is an adjective explaining the characteristic of Governance. The qualifying word ‘Good’ connotes maximum goodness to maximum number of people. Whenever we use an adjective to qualify person/institution it means that governance per se is not good, therefore, the Governance should strive to do good. The pre-supposition of ‘Good’ does not correspond to reality of the institution.

The contemporary age is fraught with irredeemable corruption, the agencies created at Central and State level (Central vigilance & State vigilance) to prevent corruption have not achieved the result even at a microscopic level. The vigilance commission as visualized by Santhanam committee since 1964 have not addressed the very objective of its creation. The Annual report of CVC much a eulogy of the failure of the system to curb the corruption and advisory opinion of the commission is blatantly disregarded. Moreover, CVC is not an investigating agency, and it either gets the investigation done through the CBI or through the vigilance officers. Though CBI is an efficient body for investigation it is integrated with the home ministry and the nexus with political heavyweights makes their work inefficient. The agencies cause undue delay in completion of proceedings work, mostly it is considered to repressive against innocent employees reminding the phrase ‘Seamless web’ where insects are caught while hornets go through the web. When we come across cases like heavyweight corrupt people like Ketan Desai, Lalit Modi whose scam involves hundreds of crores they never even appear to be socially ostracized, it appears they got a new social status. These agencies become teeth less tiger to apprehend and put them before the courts of justice.

The recent resignation of Justice Santosh Hegde came into light his powerlessness to proceed under the Prevention of Corruption Act against Chief Minister, Ministers, Legislators and Public servants has conspicuously tied the Justice to hold a puppet post. This is indeed a reality of showcasing how a Constitutional authority holding the chair without the limb to stand. Though India had signed the United Nations Convention against Corruption 2005 it has not been ratified till date.

Barriers to enforcement of Anti-corruption Measures:

• Lack of political will.
• Archaic structural administration.
• Lack of financial resources.
• Lack of human resource
• Disintegration of agencies from the control of ministry.
• Impartial umpire/ ombudsman
• Reports

The above are certain impediments if worked out meticulously would result in umpteen benefits. The perfunctory exercise of government agencies can be checked and crosschecked by impartial umpires. The agencies which already exist should work in tandem with new impartial umpires. For every government office which comprise minimum of twenty persons, one impartial umpire/ombudsman should verify the movement of files, corruption, unwarranted delay, complaints against officials. One person should record the movement of work load every month. In this manner internal regulatory checks are created resulting in efficient exercise of administration and reducing corruption to a negligible level.

Horizontal& vertical checks.

To achieve Governance in conjunction with law would be effective one when the law provides space to counterbalance linear/ symmetrical order. The checks at present are mostly in vertical nature, for example District Collector vertical to a block development officer, while agency like vigilance commission is horizontal with lack of human resources, finance, penalizing power, on the other hand if impartial ombudsman for every 20 person would be horizontal check with function limited to appraise the functions of officials in terms of transparency, accountability Law as a tool per se would not be beneficial when the structure is archaic, where persons occupying the chairs have complete knowledge of all loopholes to deceive/delay/deny ordinary course of business, they know means to slippery slope the anti-corruption agencies. The inclusive check of Horizontal& vertical manner would bring drastic changes in the administration of governance.

Max Weber in his popular work “Economy and Society” discussed the role of law in capitalistic economic development. He opined,

“The aggregation of individuals and communities to form the state has been percipitated by economic and political factors, but these factors found veneration and outlet in generally applicable norms and law, either forcibly imposed or negotiated and accepted.”

Our constitution being self-imposed has approved certain capabilities for administration which is a copycat of British administration. Though we got independence overtly, we are covertly still under the influence of Euro-centric mentality curbed, cabin ed and confined dogged in appreciating the archaic administration. We need a system where the authority should be under the political head but without being integrated or identified with the politician.

The basic unit of governance is administrative apparatus, when the administrative apparatus is personified in Indian context good governance would emanate as principorium non est ratio.

What is Law Centre 1 blogs?

Hey, Wussup??? Usually we answer it in negative, but that doesn't really show what we do in Law Centre 1(LC1), Univeristy of Delhi. Here, Life has various aspects. Be it the excellence in academics or in the extra-curriculars. We are the Army of Labourious People who are very much dedicated to different limbs of law Education. Further, Quizes, Sports, Acts, Plays, Movie Screening, Election, Strikes, Protests, Moot Courts, Debates and apart from that the Happy Moments at Nescafe and Chai Shop are also part of life here. So A lot of things take place. And this is a virtual Nukkad for the students, alumni, and faculty where we are going to share life in LC1. Predominantly Following:

1. Academics: LC1 has always taken great pride in maintaining high standards of academic excellence. This blog covers the various seminars organized by academic societies, achievements by LC1 students at moot courts, essay competitions and the like. The information regarding the upcoming events and  latest campus development will also be shared.

2. Law Journalist: Students are invited to post their views, opinions, articles, experiences and complaints. And to get this facility you are requested to contact the admin .