Legist Newsletter

Issue: December, 2022

For Private Circulation Only

Welcome readers, to this year’s Twelfth issue of Legist.

 

There are many problems in today’s world that are coming up as the greatest challenges. These challenges affect growth, development, and stability across the globe. But the pandemic of corruption is the most vicious among them. To control this on, 31st October 2003, the General Assembly adopted the United Nations Convention against corruption and designated 9th December as International Anti-Corruption Day, to raise awareness about corruption and of the role of the Convention in combating and preventing it.

The 2022 International Anti-Corruption Day (IACD) seeks to highlight the crucial link between anti-corruption and peace, security, and development. This is reflected by the theme of this year’s international day, “UNCAC at 20: Uniting the World Against Corruption”

On this occasion of International Anti-Corruption Day, we should come together and build the world a better place #UnitedAgainstCorruption.

We hope you find this issue of Legist built up around the theme #UnitedAgainstCorruption informative and enlightening.

 

Happy Reading!

Recover with Integrity: An Anti-Corruption Outlook

Mayura Sabne  (Research and Editorial) States all over the world have taken significant measures to cope with the corruption which is already penetrated deep with each and every human activity. This year’s campaign for International Anti-Corruption Day will therefore focus on measures to reduce the risks of mismanagement and corruption without compromising the speed and flexibility demanded by current crisis, while ensuring an inclusive recovery. This year’s motto “Recover with Integrity” focuses on recovery through corruption mitigation and emphasizes that inclusive COVID-19 recovery can only be achieved with integrity Read More

Anti-Corruption Efforts of India: A Contemporary Legal Overview

Akanksha Redij (Research and Editorial) “An uncorrupted individual in a corrupted system will finally end up being corrupted himself except and unless he is constantly fighting against the corruption”. – Jhurry Muhummad Anas  Corruption basically means abuse of power for personal want or gain. But this greed eventually impacts the political environment, socio-economic and cultural settings and it also creates threat to national security.  In the present article, the case studies related to Indian corruption scams reveal the same truth. To fight corruption Indian Parliament has come up with sound legal frame work to control corruption in India. However, in spite of presence of strong law, corruption is still prevalent in Indian society on a large scale. Thus, the article analyses the anti-corruption efforts of India from contemporary perspective. Read More

Legist Newsletter

Issue: November, 2022

For Private Circulation Only

Welcome readers, to this year’s Eleventh issue of Legist.

 

The year 2015 was milestonic in Indian constitutional history as it had 125th birth anniversary of the Great Dr. B.R. Ambedkar. He played an instrumental role in shaping the Indian Constitution and drafting the constitutional values enshrined in it. His significant contributory efforts led to the adoption of Indian Constitution on 26th of November, 1949. In the light of this historical and contemporary realities, the Union ministry of social justice notified the decision of the Centre to celebrate November 26 as “Constitution Day” or “Samvidhan Diwas” to be celebrated each year from 2015 onwards to promote constitutional values among citizens.

To perpetuate this, we present to you an overview of the Importance of the Indian Constitution in day-to-day business and compliance activities by throwing light upon some unexplored relationship between the Indian Constitution and the business world.

We hope you find this issue of Legist informative and enlightening.

Happy Reading!

The Constitution of India- A Grundnorm of Compliance

Mayura Sabne  (Research and Editorial) The digital revolution has made digital media available at the fingertips all over the world. However, its use and misuse are mostly regulated through piecemeal regulations in the form of guidelines and certain age-old acts, like Digital Media is regulated by the Ministry of Electronics and Information Technology (MEITY), Film Media is regulated by Cinematograph (Certification) Rules 1983 and the Cable Television Networks (Regulation) Act 1995 regulates the operation of cable television networks in India. So, we can say that the Media & Entertainment (M&E) industry in India has the right to the freedom of the press and this freedom of media is to be recognized at all levels of legal regulation, this freedom must not be absolute and must not be allowed to be a weapon in the hands of media to frustrate the democratic spirit of Indian society. The potential of the media must be sensibly regulated to explore its true spirit of being an effective tool for information dissemination.  Read More

Constitutional Provisions Regarding Trade, Commerce & Intercourse: A Contemporary Overview

Akanksha Redij (Research and Editorial) The Constitution of India is the longest-written constitution in the world and the most important reason for it being so long is the inclusion of some special and advanced provisions to deal with asymmetric dimensions of the Indian federation. The constitution is divided into various parts and part XIII deals with Trade, Commerce, and intercourse. The drafters of the relevant Articles of Part XIII were fully aware that economic unity was absolutely necessary for the stability and progress of the federal polity established by the Constitution for the governance of the country. Indian Constitution guarantees Freedom of trade and commerce but it is not absolute, some limitations are built into such freedom which is being discussed further in the article.  Read More

Fundamental Rights & Businesses in India: Overview of Contemporary Legal Dynamics

Gunjan Yede (Research and Editorial) Businesses are the backbone of any economy which provides employment and a reason for modern society. The constitution of India had 7 Fundamental Rights borrowed from the constitution of the USA but the Right to property was dropped from the constitution so currently, there are 6 fundamental right and one of them include the Right to Trade i.e. Business. Part III of the Indian Constitution grants fundamental rights, and articles 12 to 35, provide a comprehensive list of rights that are essential for a person to live a dignified and fulfilling life which are elaborated in detail in this article. Read More

Legist Newsletter

Issue: October, 2022

For Private Circulation Only

Welcome readers, to this year’s tenth issue of Legist.

 

The 24th of October is identified as World Development Information Day each year. UN General Assembly in 1972 established this day to direct people’s attention to developmental problems in various fields. The main aim of this day is to promulgate information and mobilize public opinion to create awareness of problems relating to development.

To commemorate this, we present to you an overview of the Development in Various sectors and its interaction with the legal industry.

We hope you find this issue of Legist informative and interesting.

Happy reading!

Check on Information Power: Review of Media Laws in India

Mayura Sabne  (Research and Editorial) The digital revolution has made digital media available at the fingertips all over the world. However, its use and misuse are mostly regulated through piecemeal regulations in the form of guidelines and certain age-old acts, like Digital Media is regulated by the Ministry of Electronics and Information Technology (MEITY), Film Media is regulated by Cinematograph (Certification) Rules 1983 and the Cable Television Networks (Regulation) Act 1995 regulates the operation of cable television networks in India. So, we can say that the Media & Entertainment (M&E) industry in India has the right to the freedom of the press and this freedom of media is to be recognized at all levels of legal regulation, this freedom must not be absolute and must not be allowed to be a weapon in the hands of media to frustrate the democratic spirit of Indian society. The potential of the media must be sensibly regulated to explore its true spirit of being an effective tool for information dissemination.  Read More

Implications of India’s Data Protection Framework on Businesses

Akanksha Redij (Research and Editorial) The evolution and development because of the internet have opened an entirely new market for business and have thrown new challenges before them. Business activities conducted in this information age are mainly concentrated on the creation, storage, and exchange of data and it is known as data transaction. But to protect this kind of data transaction which has now become the soul of any business activity, there is no specific data protection regime in India. In today’s time, it is regulated by piecemeal provisions of the IT Amendment Act, 2008 -43A and section 72A. In 2019, the Data Protection Bill was introduced in Lok Sabha but in August 2022 it was withdrawn. This avoidable vacuum is throwing challenges to contemporary business activities which need to be countered at the earliest to achieve stable economic progress in this digital age of businesses. Read More

Impact of Indian Intellectual Property Law Framework on Dissemination of Information

Gunjan Yede (Research and Editorial) An adequate and effective IPR protection helps developing countries in growth and technology transfer, thus reaping rewards for innovation and providing returns in research and development. In industrialized nations with strong IPR protection, potential innovators can engage in innovative activities, fostering economic growth. However, stronger IPR protection may force developing nations to rely on homegrown businesses that specialize in copying and forgery while rewarding innovation in developed nations. Every IPR is protected and regulated under its particular subject like the Copyright Act, 1957, The Design Act, 2000, etc. But exclusive rights restrict the maximization of supply in the context of the current Covid-19 pandemic, when there is an extraordinary demand for health technologies, resulting in unequal access to these products around the world. IPR laws in India are a double edge sword in terms of information dissemination and hence, we need to adopt a balanced IPR regime to be sustainable in this information age. Read More Read More

Legist Newsletter

Issue: September, 2022

For Private Circulation Only

Welcome readers, to this year’s ninth issue of Legist. 25th of September is designated as World Pharmacist Day each year. Every pharmacist, pharmaceutical scientist, and other members of this profession are honoured on September 25 on World Pharmacists Day. There are four million people working in this field worldwide. Thus, World Pharmacists Day is not only a welcome occasion but also a significant day to recognise the contribution that these individuals make to enhancing global better health outcomes. Events and initiatives sponsored by various governmental and non-governmental groups honour the day. They all share the same global objective of raising public knowledge of pharmacies and their activities. To commemorate this, we present to you an overview of the pharmaceutical industry and its interaction with the legal industry. We hope you find this issue of Legist informative and interesting. Happy reading!

The Indian Pharmaceutical Industry & IPR: An Analysis

Rishabh Moon (Research and Editorial) IPR is regarded the very back bone of the Pharmaceutical Industry, without IPR the Pharmaceutical Industry would find it hard to flourish. The Government of India is diligently involved in promoting this industry, by introducing and enforcing regulations, which are at par with the global standards. Due to the expansion of the market and the investment by the industry players, intellectual property rights protection becomes imperative for the companies. In this article the scope and ambit of the protection of pharmaceutical trademarks and patents under Indian laws is discussed. Read More

Evolution of Pharmaceutical Industry through Pandemic: An Analysis

Akansha Redij (Research and Editorial) The havoc created by the pandemic has made the pharmaceutical industry prone to adopt technology in order to combat the situation. Various countries started tracking the covid patients by tracking them on various government driven apps like the Arogya Setu in India. The pandemic has made us all adopt the ‘new normal’ where social distancing, facemasks, sanitizing were some of the new norms which people adopted during that phase. It was a big challenge for the pharmaceutical industry to adopt to such change keeping in mind the health concern of the people. This article goes into the questions how pandemic has affected the industry and how the industry is coping up with the same. The pandemic acted as a catalyst in the process of Research and Development in the field of pharmaceutical industry to contribute to the best performance and the best of its abilities to discover vaccines in order to pre-empt the virus. The whole crux of this article is to provide an overview of how pharmaceutical industry has made a drastic change after and during the pandemic. Read More

Pharmacy: The Future Prospect

Sarthak Dutt and Gunjan Yede (Research and Editorial) Over the past 20 years, Information Technology has had a major impact on the working lives of people. There should be always Change as per Changing Scenario so that our country can shift from a developing to a developing country. Innovation in Technology will help in shaping human life and this will give huge benefits to patients, pharmacists, and other persons working in this industry, such development will bring more effectiveness and efficiency. The changing face of the pharmacy practice has enhanced the lifestyle of the people. This article ponders upon the future aspect of the pharmaceutical industries and how it augmented by the technological innovation bolstered by the pandemic. Read More

Legist Newsletter

Issue: August, 2022

For Private Circulation Only

Welcome readers, to this year’s eighth issue of Legist. The 10th of August is designated as World Biofuel Day each year. It is seen to increase understanding of the significance of using non-fossil fuels in place of traditional fossil fuels. There are many benefits to biofuels over polluting fossil fuels. Biofuels aid in encouraging a cleaner environment and lowering reliance on crude oil. It increases the revenue and employment in rural areas. In addition to supplying India’s rural areas with energy, this will also help to address the nation’s growing transportation needs. To commemorate this, we present to you an overview of the global biofuel market and a deep dive into the Indian policy on biofuels and a breakdown of  how their interplay affect our future and sustainable development. We hope you find this issue of Legist informative and interesting. Happy reading!

Global Biofuel Markets – A Socio-Economic Overview of Policy

Rishabh Moon and Ibban javid (Research and Editorial) Biofuels are the more sustainable alternative to petroleum based fuels. This article delves into the production capacity and economic contribution of various stakeholders in key global market regions such as North America, Europe, Asia and Middle East and North Africa. The article seeks to identify key regions that presently contribute to the biofuel market and the socio-economic and regulatory challenges to further innovation of biofuel technology. It goes into detail about how jurisdictions can improve or bolster their biofuel policies to further promote research, development and investment. Read More

Indian Policy on Biofuels (An Analytical Brief)

Rishabh Moon and Ibban Javid (Research and Editorial) Indian cities contribute to air pollution significantly on the global scale. This makes opting for biofuels a crucial step for a greener India. Keeping in mind India’s goal to be carbon-neutral by 2070, we analyze the National Policy on Biofuels, 2018 to give the reader a comprehensive understanding of the regulatory framework for biofuels in India. Ethanol blending mandates and other measures that would improve biofuel adoption are discussed at length in this article. Read More

Sustainable Development and Biofuels in India

Rishabh Moon and Ibban Javid (Research and Editorial) Although biofuels are a viable alternative energy source, there are a number of issues with sustainable development to take into account. Due to several social, economic, and governmental barriers in India, the industry is still in its infancy. For investors to have clarity and trust, regulatory control is necessary at every stage of the production of biofuel, from the procurement of biomass resources to refinery and commercial distribution. This article aims to highlight the many barriers standing in the way of sustainable growth for the Indian biofuels business and offer potential strategies to do so. Read More

Biofuels in India – Future Prospects

Mayura Sabne (Research and Editorial) It’s crucial to move toward a more sustainable energy source immediately if India wants to meet its net-zero emission goal by 2070. While EV and hydrogen-fuel cell vehicles are more efficient, they are not scalable currently. Biofuels are a great intermediary step towards a greener, cleaner environment, not just for India but the whole world. Governments are already taking steps to promote flex-fuel engines. While ordinary engines have operating issues when the blending ratio is higher than 20%, these engines can run on 100% biofuel. This article goes into detail regarding the economic effects that the biofuel market will have on India and how we may re-evaluate policies to ensure optimal effectiveness. Read More

Legist Newsletter

Issue: July, 2022

For Private Circulation Only

Welcome readers, to this year’s seventh issue of Legist.
This July, in the relevance of the GST Day, we present to you the most ambitious and remarkable indirect tax reform in India’s post-Independence history and how it’s implementation, the government aimed to replace the multi-layered and complex indirect tax structure with a new, transparent, simple, and technology-driven tax regime.
The GST Day was first celebrated on July 1, 2018, to mark the first anniversary of the new tax regime. The taxation system was inducted to break the barriers in inter-state trade and commerce and integrate India into a single, common market. It is in line with the Make in India campaign and aims at achieving the goal of One Nation, One Tax, and One Market. The objective of implementing GST is to enhance the ease of doing business in the country and reduce transaction costs by eliminating the old form of taxes.
By improving efficiency, it can add substantially to growth as well as government finances. Implementing a new tax, encompassing both goods and services, by the Centre and the States in a large and complex federal system, is perhaps unprecedented in modern global tax history.
In our first article, we discuss in detail the evolution and historical background of GST in India in consonance with the Constitutional Framework of Indian Tax System. The second article traces the impact of GST on Indian Economy and how growth was affected by the Pandemic and the factor that will help improve the GDP of the nation.
We hope you find this issue of Legist informative and interesting.
Happy reading!

 

The Evolution of GST in India

Rishabh Moon and Tanveera (Research and Editorial) The journey of introducing GST in India was a tedious task but it proved ultimately to be successful. Unfolding the pages of history, the idea of having common tax system was mooted intensively by various Committees and Joint Working Groups of State and Central Government. Keeping in mind the federal structure of the Indian Constitution, Dual GST which is a political necessity, is introduced in India. Under GST, tax is levied concurrently by both the Centre and the States. The major benefit of GST was its preventing cascading effect of taxes as Input Tax Credit. It helped in harmonization of laws, procedures and rates of tax. It aims to improve the overall investment climate in the country which will naturally benefit the development in the states. This article brought to you by Tanveera  and Rishabh Moon addresses the roadmap of GST in India. Read More

The Impact of GST on the Indian Economy

Rishabh Moon and Tanveera (Research and Editorial) The introduction of the Goods and Services Tax (GST) in the economy resulted in the creation of a fully digitised tax administrative structure, which in turn facilitated the free flow of information and the availability of standardised datasets. Even after the first three years of the reform had passed, India and the world economy continued to be tormented by the uncertainty of a pandemic, which resulted in global lockdowns and interruptions to supply chain operations. This has a significant influence on growth, GDP, and revenues of GST. However, as a result of the economic recovery, the Goods and Services Tax (GST) has emerged as a robust source of income for both the central government and the individual states. Since October of last year, the total amount of GST collected has reliably surpassed 1 trillion rupees (except for two months). Gross revenue from the GST was 1.2 trillion rupees per month on average in 2021-2022, which is an increase from 1.02 trillion rupees in 2019-2020 and 945 billion rupees in 2020-2021. This article brought to you by Tanveera and Rishabh Moon addresses the impact of GST on Indian economy and it can be concluded that the industry has responded positively to the systemic changes implemented by the government and will have positive impact in long run on the Indian economy.  Read More

Legist Newsletter

Issue: June, 2022

For Private Circulation Only

Welcome readers, to this year’s sixth issue of Legist.   This June, in the relevance of the World Environment Day, we present to you the analysis of the development of Environmental Law in India and how it’s protected by the Indian Constitution. World Environment Day was first celebrated in the year 1974. This day has created a platform to raise an awareness that the world is facing the problem such as air pollution, plastic pollution, global warming and sea level increasing day by day. In our first article, we discuss a detailed analysis of the development of Environmental Law in India. The second article talks about the protection and safeguards that are provided by the Indian Constitution towards Environmental Law in the country. It further analyses the historical development and the future of Environmental Law .   We hope you find this issue of Legist informative and interesting. Happy reading!

 THE DEVELOPMENT OF ENVIRONMENTAL LAW IN INDIA

Rishabh Moon (Research and Editorial)

Even without concrete information, we can confidently say that the new environmental laws in India won’t likely dilute any existing provisions. (Especially after huge public backlash in the past.) Instead, companies should expect more stringent enforcement, streamlined laws, and new provisions to better protect and improve environmental health. This article brought to you by Rishabh Moon addresses the development of Environmental laws in India. Read More

Protection of Environment under the Indian Constitution

Shreya Rai and Rishabh Moon (Research and Editorial)

Labour laws were introduced for developing a healthy and sustainable relationship between the workers, trade unions, and the employer, considering the employment standards, health and safety regulation, and financial security of the worker and the employer’s need to have better working conditions, flexible and productive workforce for better sales and growth of the business. In relevance of International Labour Day, this article brought to you by Ishita Sharma analyses the development of Indian labor laws on labor rights. It discusses the historical development and future of Indian labor laws. Read More

Legist Newsletter

Issue: May, 2022

For Private Circulation Only

 

This May, in the relevance of the International Labour Day, we present to you the analysis of the development of International and Indian labor law on labor rights.  

International Labor Day celebrates laborers and encourages them to be aware of their right, labor unions and socialists come together to celebrate this day by conducting programs to improve working conditions and wages of the labor force.

In our first article, we discuss a detailed analysis of the development of International labour laws on labour rights. The article further discusses the International Labour Organization Constitution, as well as its several Conventions and Recommendations. The second article talks about the development of Indian laws on labour rights. It further analyses the historical development and the future of labour laws.

 THE DEVELOPMENT OF INTERNATIONAL LAW ON LABOUR RIGHTS

Shreya Rai and Rishabh Moon (Research and Editorial)

Labour laws are one of the major compliance requirements for all corporates across the globe. However, the current laws and global regime for labour developed through a very gradual and arduous process over a long time. In light of International Labor Day on 1st May, also known as May day, this article brought to you by Shreya Rai and Rishab Moon addresses the development of International labor laws on labor rights. It also mentions the several conventions and recommendations in the International Labor Organization Constitutions. Read More

THE DEVELOPMENT OF INDIAN LAW ON LABOUR RIGHTS Ishita and Rishabh Moon (Research and Editorial Team)

Labour laws were introduced for developing a healthy and sustainable relationship between the workers, trade unions, and the employer, considering the employment standards, health and safety regulation, and financial security of the worker and the employer’s need to have better working conditions, flexible and productive workforce for better sales and growth of the business. In relevance of International Labour Day, this article brought to you by Ishita Sharma analyses the development of Indian labor laws on labor rights. It discusses the historical development and future of Indian labor laws. Read More

Legist Newsletter

Issue: April, 2022

For Private Circulation Only

Welcome readers, to this year’s fourth issue of Legist.

This April, in light of World Intellectual Property Day on 26th April, 2022, we would like to bring to you a novel analysis of the cybercrimes prevalent in IP Law and the newest way of dealing with it; Blockchain Technology. In our first article, we have brought to you a detailed analysis of the application of blockchain in the field of IPR and the ways in which it can be utilized to make IP registration, tracking and evidence more straightforward and efficient and consequently, prevent cybercrimes like trademark violations and copyright infringements as well as real life developments in this field  In our second article, we discuss the major leap that cybercrimes have taken in the field of IPR and evaluate the issues faced while dealing with such cybercrimes and the scope of Indian regulations to tackle such issues.

We hope you find this issue of Legist informative and interesting.

Happy reading!

The Association of IPR and Blockchain

Shreya Rai and Rishabh Moon (Research and Editorial)

Blockchain technology has been gaining application recently and has become relevant in its usage in different areas. Considering the growing cybercrimes in the field of IPR, the contemplation of blockchain and its interface with IPR needs to be looked into. In light of World Intellectual Property Day on 26th April, 2022, this article brought to you by Shreya Rai and Rishabh Moon, intends to look into the application of blockchain in IPR and how it can be used for better protection and governance of IP law, specifically in smart contracts, registration and evidence law. Read More

Cybercrimes in the domain of IPR

Ishita and Rishabh Moon (Research and Editorial Team)

Technology plays a vital role in the rapid growth and rise of any business. It also gives rise to the number of cyber crimes prevailing in the field of Intellectual Property. In this article brought to you by Ishita Sharma and Rishabh Mood, we intend to give you an overview of how cybercrime is a concerning issue prevailing in this field. This article discusses the issue of cybercrime in Intellectual Property and also talks about the scope of Indian Laws regarding the same. Read More

Legist Newsletter

Issue: March, 2022

For Private Circulation Only

Welcome readers, to this year’s third issue of Legist.

 

This March, we would like to abreast you with the new draft regulations issued by the European Union aimed specifically at the use and development of Artificial Intelligence. In our first article, we have brought to you a detailed analysis of the new AI regulations, from the perspective of their scope, necessity and enforcement. Special emphasis has been made on comparing the new regulations with the Silicon Valley Standards. In our second article, we venture out to discuss the impact that these regulations might have over the world of AI and what all prohibitions are put in place to deal with the risks involved in their implementation. The objective being to analyse the transboundary influence it’ll have over AI laws globally.

 

We hope you find this issue of Legist informative and interesting.

Happy reading!

The EU’s  New AI Regulations – Direct Challenge To Silicon Valley Standards

Shreya Rai and Rishabh Moon (Research and Editorial)

In May, the European Union became the first governmental body in the world to issue a comprehensive response in the form of draft regulations aimed specifically at the development and use of AI. In this article brought to you by Shreya Rai and Rishabh Moon, we intend to provide an overview of the proposed EU AI regulations, along with a detailed elaboration on the necessity, scope, governance and enforcement landscape of the same. Read More

Prohibition and Impact of European Union’s New Artificial Intelligence Regulations

Vrinda Talwar and Krishna Garg (Research and Editorial) (4 minutes read)

Even though the EU regulation is not yet in force, it provides a clear insight into the future of AI regulation as a whole, the time to begin understanding its implications and take steps to prepare for them as well as for the regulations are sure to follow. In this article by Vrinda Talwar and Krishna Garg we intend to provide an understanding of all the risks involved while dealing with such a new and complex field of law, along with the influence that these regulations will hold in the global sphere as we move forward in the development of AI laws.

Read More

Legist Newsletter

Issue: February, 2022

For Private Circulation Only

 

Welcome readers, to this year’s second issue of Legist.

 

This February, we would like to abreast you with the developments that have taken place in the anti-corruption framework. In our first article, we have brought to you a detailed analysis of the anti-corruption legislations that are in force in India. Special emphasis has been placed on elaborating the 2018 amendment to the Prevention of Corruption Act. In our second article, we venture out to compare the anti-corruption laws prevalent in different countries and compare the same with the ones enforced in India. The objective being to get a bird’s eye view of what all areas may require better policy formulation in Indian laws.

 

We hope you find this issue of Legist informative and interesting.

Happy reading!

Analysis of Anti-Corruption Laws in India

Shruti Singh and Krishna Garg (Research and Editorial) (4 minutes read)

Corruption is an impediment for a country’s progress and especially detrimental when it is prevalent in an economically developing country such as India. Corruption leads to a compromise in the financial, cultural and social structure of a country. In this article, we intend to analyse the regulatory framework and the laws governing anti-corruption policies and the consequences of non-compliance. A possibility of change in the anti-corruption landscape with the passing of the POCA Amendment Act has also been discussed. Read More

Comparative Analysis of International Anti-Corruption Laws

Shreya Rai and Krishna Garg (Research and Editorial) (4 minutes read)

The legislative regime in India for prevention and penalization of corruption is stringent. With multiple statutes in place to prevent corruption among public officials as well as private bodies including companies. Currently, India’s anticorruption laws lack extraterritorial jurisdiction over cases of illicit gratification and payments made to foreign officials or employees employed by public international organizations. The aim of this article is to make a comparative analysis of international trends and legislations pertaining to prevention of corruption with the Indian regime, as a key step towards better policy formulation.

Read More

Union Budget 2022-23 

Custom reforms

The Finance Minister has proposed the following reforms on Custom reforms during her budget speech for the financial year 2021-22.

• Concessional customs duty on capital goods to be phased out, initial rate of 7.5% to be imposed
• More than 350 exemptions on some agri products, chemicals, drugs, etc to be phased out 
• Custom Duty imitation jewellery raised to discourage their Imports.
• Custom Duty on methanol to be reduced.
• Duty concessions on parts of phone chargers, transformers, etc to enable domestic manufacturing.
• Custom on diamonds reduced to 5%.
• Custom duty exemption on steel scrap is being extended by a year to help MSMEs.
• Duty concessions being given to promote electronics manufacturing, wearables and hearables devices included. Duty concessions to [parts of mobile phones including camera module etc.

Indirect Tax

The Finance Minister has proposed the following reforms on Indirect Tax in her budget speech for the financial year 2021-22.

• Both Centre and States govt employees’ tax deduction limit to be increased from 10% to 14% to help the social security benefits of state govt employees and bring them at par with the Central govt employees.
• Corporate surcharge to be reduced from 12% to 7%.
• The gross GST collections for the month of January 2022 are Rs 1,40,986 crores which is the highest since the inception of GST.
• GST has been a landmark reform. GST revenues are buoyant despite the Covid-19 pandemic
• Recipient to be taxed in case of gift of virtual digital assets.
• Existing tax benefits for startups, which were offered redemption of taxes for 3 consecutive years, to be extended by 1 more year.
• Long term capital gains on listed equity share units subject to maximum surcharge at 15%. propose to cap transfer of long term capital gains at 15%.

Direct Tax

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 :

• Fiscal Deficit target set at 6.4% for FY23.
• FY23 total expenditure seen at Rs 39.45 lakh crore.
• Total Receipts other than borrowing seen at Rs 22.84 lakh crore.
• Rs 1 lakh crores allocated to States for catalysing overall investments in the economy. 
• A new provision to allow Taxpayers to file an Updated Return. Updated Return can be filed within 2 Years from the end of the relevant assessment year.
• Alternate minimum tax to be reduced and brings up-to 15% for Cooperative Societies.
• The Finance Minister propose to increase tax deduction limit to 14% on employers contribution to NPS account of state govt employees.
• Proposal will reduce surcharge on Cooperative Societies to 7%, for those whose income is between Rs 1 crores and Rs 10 crores.
• Tax incentives for startups to be incorporated until March 31, 2023.
• Income from transfer of Digital Assets to be taxed at 30%.
• Recipient to be taxed in case of Gift of Virtual Digital asset.
• A TDS of 1% will be levied for transactions above a certain threshold.
• Gift of cryptocurrencies to be taxed at the receiver’s end.
• Long term capital gains on listed equity share units subject to maximum surcharge at 15%. propose to cap transfer of long term capital gains at 15%.
• Both Centre and States govt employees’ tax deduction limit to be increased from 10% to 14% to help the social security benefits of state govt employees and bring them at par with the Central govt employees.
• Corporate surcharge to be reduced from 12% to 7%.

Startups regime

The Finance Minister has proposed the following reforms on Startup regime during her budget speech for the financial year 2021-22.

• Tax incentive for Startups to be incorporated in March 31, 2023.
• One comprehensive tax code for all Startups and Funds.
• Domestic Institutional Funds on Startups

Small Business Enterprise & Business Entities

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 :

• SEZ act to go, new law to allow states to partner to enhance export performance.
• The Animation, Visual Effects, Gaming, and Comics Industries have enormous potential for youth employment. An AVGC promotion task force will be formed with all stakeholders to recommend ways to achieve this and build domestic capacity to serve our markets and global demand.
• Credit Guarantee Trust for Micro and Small Enterprises (CGTMSE) to be revamped with required fund infusion
• Additional credit of Rs. 2 lakh crore will be made available to Micro and Small Enterprises, expanding job opportunities.
• DYAM, e-SHRAM, National Career Service (NCS), ASEEM portals to be interlinked.
• Will now work with live organic databases for G2C, B2C, and B2B credit facilitation and recruitment. To formalise the economy and create jobs

Digital Currency

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 :

• Digital Rupee, using blockchain, to be launched by RBI in 2023
• Digital Currency will also lead to a more efficient and cheaper currency management system. It is therefore proposed to introduce digital rupee using blockchain and other technology to be issued by the Reserve Bank of India starting, 2022 and 2023
• A completely paperless end-to-end online e-bill system will be launched for use by all Central Ministries in their procurements to increase transparency and reduce payment delays.

Finance 

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 :

• India to launch sovereign green bonds.
• Funds will be used for projects that will help reduce carbon intensity of the economy.
• Sovereign green bonds will be part of government’s borrowing programme in FY23.
• Proceeds to be deployed in public sector projects.

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 –

• Animation, gaming task force to be set up.
• Animation, visual effects, gaming and comics sector offers immense potential to employ youth. 
• An AVGC promotion task force with all stakeholders will be set up to recommend ways to realize this and build domestic capacity for serving our markets and the global demand.

Unified Logistics Interface Platform

The Finance Minister has proposed the following reforms on Unified Logistics Interface Platform during her budget speech for the financial year 2021-22.

• Data exchange among all-mode operators to be brought on Unified Logistics Interface Platform
• Enable efficient movement of goods.
• Reduce logistics costs and time
• Assist Just-In-Time inventory management
• Eliminate tedious documentation

PM AWAS YOJANA

The Finance Minister has proposed the following reforms on PM AWAS YOJANA during her budget speech for the financial year 2021-22.

• Rs 48, 000 crore is allotted for PM Awas Yojana.
• In 2022-23, 80 lakh houses will be completed for identified beneficiaries of PM Awas Yojana; 
• 60,000 houses will be identified as beneficiaries for PM Awas Yojana in rural & urban areas.
• 60,000 crore allocated for providing access to tap water to 3.8 crore households
• In 2022-23, 80 lakh households will be identified for the affordable housing scheme

Defence 

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 :

• Defense R&D will be opened up for industry, startups and academia with 25% of defense R&D budget.
• Private industry will be encouraged to take up the design and development of military platforms and equipment in collaboration with DRDO and other organizations through SPV model.
• 68% of capital procurement budget in defence will be earmarked for domestic industry in 2022-23 (up from the 58% last fiscal)

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 :

• Battery Swapping Policy will be brought out & inter operational service will be formulated.
• 6,000 crore rupees programme to rate MSMEs to be rolled out over 5 years. 
• 400 new generation Vande Bharat trains with better energy efficiency & passenger riding experience will be manufactured during the next 3 years. 
• 100 PM Gati Shakti Cargo terminals to be developed during the next 3 years.

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 :

• Amendments for the Bankruptcy Code: – 
• IBC amendments to enhance efficiency of resolution process
• Facilitate cross-border insolvency resolution
• To speed up voluntary winding up of companies

Social, Health & Wellness Development

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 :

• The Government has completely revamped the Ministry of Women and Child Development schemes such as Mission Shakti, Mission Vatsalya, Saksham Anganwadi, and Poshan 2.0.
• An open platform for the National Digital Health Ecosystem will be rolled out. It will consist of digital registries of health providers and health facilities, unique health identity and universal access to health facilities
• Government is committed to improve the living standards in the Aspirational Districts. 
• Contracts for Multi-Modal Parks at 4 locations to be awarded next Fiscal.
• A High-Level Committee of Urban Planners and Economists will be formed to make recommendations on building urban capacity, planning implementation, and governance.

The Finance Minister has proposed the following  reforms in her budget speech for the financial year 2022-23 :

• Budget2022-2023 for AMRIT KAAL: From India @ 75 till India @ 100.
  Four priorities for Amrit kaal –
  1) PM gatishakti
  2) Inclusive dev
  3) Productivity in Sunrise sector
  4) Energy Transition and Climate Action
• Private sector will be encouraged to create sustainable and innovative business models for battery and energy as a service, improving the efficiency in the EV ecosystem
• ‘One Nation, One Registration’ will be established for anywhere registration to facilitate ease of living & doing business.
• Battery Swapping Policy will be brought out & inter operational service will be formulated.

The Finance Minister has proposed the following reforms during her budget speech for the financial year 2022-23 –

• Rs 48,000 crore is allotted for PM Awas Yojana.
• In 2022-23, 80 lakhs houses will be completed for identified beneficiaries of PM Awas Yojana;
• 60,000 houses will be identified as beneficiaries for PM Awas Yojana in rural & urban areas.
• Rs. 60,000 crore allocated for providing access to tap water to 3.8 crore Households.
• In 2022-23, 80 lakhs Households will be identified for the Affordable Housing Scheme.
• A high-level committee for Urban Planners and Economists to be formed for recommendations on urban capacity building, planning implementation, and governance.

Telecom

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 :

• Sitharaman said that required spectrum auction will be conducted in 2022 for the rollout of 5G mobile services by Private Telecom Providers.
• Scheme for design led manufacturing to be launched for 5G ecosystem as part of PLI scheme to enable affordable broadband and mobile communication in rural and remote areas.

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 –

For the Education Sector: 

• States will be encouraged to revise syllabi of Agricultural Universities to meet needs of natural, zero-budget & organic farming, Modern-Day Agriculture
• One class, one TV channel’ program of PM eVIDYA will be expanded from 12 to 200 TV channels.
• This will enable all states to provide supplementary education in regional languages for classes 1 to 12.

Civil Aviation

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 :

• Startups will be facilitated to use Drone Shakti. 
• Strategic transfer of Air India ownership has been completed.
• Strategic buyers for NINL have been selected.
• Embedded chip e-passport will issued
• ePassports will be rolled out in 2022-23 for convenience in overseas travel

The Finance Minister has proposed the following reforms on Digital Push during her budget speech for the financial year 2021-22.

· Digital ecosystem for skilling and livelihood will be launched.

· This will aims to skill, reskill, upskill citizens through online training.

· API based skill credentials, payment layers to find relevant jobs and opportunities

· An open platform for the national digital health ecosystem will be rolled out.

Small Enterprise 

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 :

• MSMEs such as Udyam, e-shram, NCS & Aseem portals will be inter-linked, their scope will be widened.
• They will now perform as portals with live organic databases providing G-C, B-C & B-B services such as credit facilitation, enhancing entrepreneurial opportunities.
• A fund with blended capital raised under co-investment model facilitated through NABARD to finance startups in agriculture & rural enterprises for farm produce value chain

Infrastructure Development

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 :

1. FM Nirmala Sitharaman announces :

• 400 new #VandeBharat trains to be introduced
• One Station, One Product concept will be popularized.
• ECLGS extended till March 2023′
• Use of Kisan Drones for crop assessment

2. The main 7 focusing areas under budget :

• PM Gati Shakti
• Inclusive Development
• Productivity Enhancement
• Sunrise Opportunities
• Energy Transition
• Climate Action
• Financing of investments

3. Skilling programs will be reoriented. For skilling, upskilling & reskilling of our youth, Digital DESH e-portal will be launched

Agriculture

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 :

• Ms. Nirmala Sitharaman announces creation of 60 lakh jobs; world class infrastructure, expansion of highways by 25,000 kms & ‘Gati Shakti’ Master Plan among top priorities.
• Budget2022 lays parallel track of futuristic and inclusive blueprint for Amrit Kaal. Big public investment for modern infra readying for India at 100, guided by PM Gati Shakti
• Use of Kisan Drones for crop assessments, land records, spraying of insecticides is expected to drive a wave of technology in Agri & farming sector.
• For farmers to adopt to natural farming, comprehensive package for participation of State governments & MSMEs to be introduced.
• Rs 2.37 lakh crores will be directly paid as MSP value to the accounts of farmers for crop procurement in 2021-22, says FM #NirmalaSitharaman.
• The implementation of the Ken-Betwa link worth ₹44,605 crore will be taken up at providing irrigation of over 9 lakh hectares of farmers land providing irrigation, farming & livelihood facilities to farmers & local population.

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 :

• Hospitality services by the small & medium sector are yet to bounce back, therefore, the government has decided to extend the ECGL service for this sector by March 2023 with an increased cover of ₹50,000.
• Skilling programs will be reoriented. For skilling, upskilling & reskilling of our youth, Digital DESH e-portal will be launched.

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 :

• The National Highway network will be expanded by 25,000 km in 2022-23. 
• Strengthening of health infra, speedy vaccination programme implementation and nationwide resilient response to current wave of COVID19 pandemic are evident to all.
• One Product will be popularised to help local businesses and supply chains
• National Bank for Infrastructure Development, National Asset Reconstruction Company have commenced activities.
• Big public investment for modern infra readying for India at 100, guided by PM Gati Shakti.

-world class infrastructure, expansion of highways by 25,000 kms & ‘Gati Shakti’ Master Plan among top priorities.

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 :

• Production Linked Incentive (PLI) Scheme for achieving #AatmaNirbharBharat has received excellent response, with potential to create 60 lakhs new jobs.
• Implementation of new Public Sector Enterprise (PSE) Policy.
• Strategic Partner for Neelanchal Ispat Nigam has been selected.

The Finance Minister has proposed the following  reforms during her budget speech for the financial year 2022-23 :

• This budget seeks to lay the foundation and steer the economy in the next 25 years. From India at 75 to India at 100: The Finance Minister
• Modi govt has focused on empowerment of citizens since 2014.
• The Finance Minister, says India is now in a strong position to withstand challenges.
• India’s growth estimated to be at 9.2%, highest among all large economies: The Finance Minister
• The Finance Minister, begins her budget speech by expressing empathy to those who suffered during the pandemic.