GLS Law Journal en-US (Dr. Mayuri Pandya) s******** (Shanti P Chaudhari) Wed, 22 Dec 2021 15:51:38 +0000 OJS 60 Role of Constitutional Courts in Matters Concerning Contracts by Government and Public Contracts: a Brief Analysis of Case Law <p><em>The Article examines the role of constitutional courts in interpreting the constitutional values as far as it relates to rights of individuals and/or contractors vis-a-vis rights and duties cast on the Government and public entities as defined in Article 12, Constitution of India, 1950 so as to balance the competing rights and duties of both. The Article would focus on contracts which can be said to be Government contracts, the focus on the terms&nbsp; of Contract and special emphasis on Law relating to entering into contract by tenders, black listing/ debarment of Contractors by the Public Sector and/or Government organizations, namely, on the contours of Articles 14,19 and 226 read with interpretation of Articles 298 and 299, Constitution of India, 1950 as interpreted in the realm of administrative/ constitutional jurisdiction of the Constitutional Courts. The Article would take the reader to the term contract and the development in area of Constitutional Law augmenting the perfection of Constitutional vision of justice, boundaries of judicial review and contours of deciding whether the contract was enforceable contract or not. The Article would take the reader to the concept of what is blacklisting, and can a company be blacklisted? If the answer is 'Yes' what are the Rules of black listing of contractors. the principles, namely, enunciated by the Apex Court. The principles of natural justice and their applicability to such debarment, was for any collateral purpose or in colorable exercise of power. The principles for which the prerogative writs are invoked time and again, and the remedies for breach of the contractual liability of the Government would also be discussed at length vis-a-vis statutory remedies of preferring suits or appeals and/or the equitable remedy. In the end on the toxicology of debarment vis-a-vis the period during which it would remain in operation is discussed.</em></p> Kaushal J. Thaker Copyright (c) 2021 GLS Law Journal Wed, 22 Dec 2021 00:00:00 +0000 Principles of Natural Justice: Revisiting History During the Time of Corona <p><em>The Principles of Natural Justice is a term widely in use in the legal field and in recent years even in popular dialogue. A phrase heard by every law student, academician, professional and ay other wit some legal acumen. It was popularized by the English Legal System which during the colonial times dispersed it throughout nearly all the commonwealth Nations. The two basic rules, that is, </em><a href=""><em>nemo iudex in causa sua</em></a><em> (for the adjudging authority to be unbiased) and </em><a href=""><em>audi alteram partem</em></a><em> (the right to ensure a fair hearing to each party) have come to be universally accepted as the basic requirements to be followed for ensuring that every accused person gets a fair trial and effectively ensures the practice of another widely accepted legal tenet – Innocent until proven Guilty. However, how exactly did these two famous rules come to be of such widespread use and acceptance in an environment where legal tenets are frequently muddled due to contrasting philosophical/jurisprudential opinions and socio-political trends. This paper attempts to trace a brief timeline of certain ancient and certain prominent statesmen, legal luminaries and their works which time and time again embellished the necessity of these Principles throughout human History.</em></p> Amar N. Bhatt Copyright (c) 2021 GLS Law Journal Wed, 22 Dec 2021 16:14:02 +0000 Challenges in Enforcing Awards in Investor State Disputes <p><em>For many centuries, the pursuit of justice has been a universal human aspiration. Aspirations such as justice-social, economic, and political may be found in the Constitution's preamble. According to the Constitution, Article 39-A ensures that everyone has equal access to the court system. Adversarial litigation isn't the only way to settle conflicts, as the world has seen. Overcrowding in courtrooms, a scarcity of personnel, and other issues including delay, expense, and formality all point to the need for more innovative solutions. If you want to use an ADR</em><em> mechanism, all you have to do is click on it. The Indian court infrastructure as it is right now is insufficient to deal with the increasing volume of litigation in a fair amount of time. Despite their best efforts, the average person may get mired in litigation for the rest of their lives, and it can even extend to the next generation in certain cases. In addition to being harassed, he risks depleting his resources in the process. All those involved in the administration of justice have a long-term interest in expediting cases and delivering high-quality justice, as has been correctly stated. The existing infrastructure of courts must be supplemented with ADR procedures as soon as possible in this context. ADR systems are being made available throughout the globe for settling ongoing disputes and at the pre-litigation stage, in addition to improving the efficiency of the judiciary's work. The sad reality is that we may be on our way to a society invaded by hordes of attorneys, ravenous as locusts, and bridges of Judges in numbers never before imagined, said former American Supreme Court Chief Justice Warren Burger. No, it's not true that the average person wants a courtroom with black robed judges, well-dressed attorneys, and ornate paneling to settle their conflicts in. People who have legal issues, like those who are in pain, want relief, and they want it as soon and cheaply as possible.</em></p> <p><em>In all, ADR arbitration has risen to prominence as the preeminent ADR form. As a result, its usefulness has grown. Aside from court adjudication, it's very popular since it's the only option. Each country has had a distinct legal, social, and cultural evolution throughout its history. When foreign parties are involved in commercial discussions, they may come into differences. Even if the parties can come to terms, litigation may be necessary to assist them settle their differences. Litigation may be a barrier for parties because of the various laws and processes that apply in different countries. To resolve this issue, litigation may not be the best option. The private and impartial character of arbitration makes it an ideal dispute settlement technique.</em></p> <p><em>In light of this, it's critical to assess if Indian arbitration law, as it now exists, is effective after being shaped by numerous conventions, treaties, laws, rules, and Acts, among other things. Accordingly, we're looking at legislative provisions as well as judicial approaches in the current study.</em></p> Charu Shahi, Sachin Rastogi Copyright (c) 2021 GLS Law Journal Wed, 22 Dec 2021 16:34:19 +0000 Examination of the Legal-Moral Exigencies of Sports in Developing Nations and Minors <p><em>Sports betting has become a viable industry all over the world and in more recent times on the African continent creating jobs and economic opportunities for people and government. However, the secondary effect of sports betting or gambling is crime fuelled by addiction to sports betting. The author points out the dilemma of government in turning a blind eye to the criminality fuelled by the addiction to sports betting and economic opportunities for its citizenry which then necessitates terminologies such as legal gambling. This also creates an environment for the lack of protection of children who could be criminally and civilly exploited by the sports betting industry with no apparent legal consequences especially in developing nations. More, importantly the author tries to create the imagery of other bi-products of sports betting such as Match fixing as a class crime action requiring a special legislative and legal attention to effectively curtail the menace for the good of competitive sports in the world.</em></p> Oluwagbenga Atere Copyright (c) 2021 GLS Law Journal Wed, 22 Dec 2021 16:46:26 +0000 Power of Police and Magistrate Under Section 144 of the Code of Criminal Procedure: a Critical Analysis in the Light of Recent Judicial Pronouncements <p><em>Section 144 of the Code of Criminal Procedure is imposed in cases where these is a need to immediately avoid or to provide for speedy remedy for obstruction, annoyance or injury to any injury to any person lawfully employed. It may be imposed in cases of danger to human life, health or safety. It is relevant in all cases of disturbance of public tranquillity, riot or an affray. It is not an exaggeration to say that Section 144 is one of the most popular legal provision among the common masses of the nation – perhaps its implications are so dreadful. Section 144 has been interpreted many times by the judiciary. There are certainly many lapses in the text of the provision. However, with judicial caveats issues from time to time along with certain suggestive guidelines, the effectiveness of Section 144 has been made fairer than just a scary imposition of curfew. However, despite such guidelines and provisional suggestions, there are incidences of misuse of Section 144. Are these really incidences of ‘misuse’ as per previous judicial pronouncements? What is the stand of judiciary on execution of orders under Section 144 in the recent past? What is the scope and ambit of true powers of Police and Magistrate under Section 144? These are some of the questions that the following paper looks forward to address. The paper entails with itself a deep analysis of relevant and contemporary judicial pronouncements and a critical appreciation on how the best interests of the public have been preserved despite the turbulent times. </em></p> Trisha Mittal, Garima Upadhyay Copyright (c) 2021 GLS Law Journal Wed, 22 Dec 2021 17:18:59 +0000 Effective E-Waste Management Model Across the Globe: Need of The Hour! <p><em>According to estimates by United Nations, the world produces 50-60 million tonnes of e-waste every year and e-waste management system adopted across the globe is not competent to control the menace of e-waste. The Researcher intends to study global e-waste management models, guiding responsibility principles, adopted models, standard procedures, imposed penalties, lacunas in policy and probable consequences of mismanagement in various countries. The Researcher wants to explore e-waste management model in India in detail as compared to various models adopted in other countries. The researcher intends to inquire in to effectiveness of various steps like choosing safer technologies, non-hazardous metal substitutes, legal compliance, effective regulatory mechanism, investment opportunities in e-waste recycling and to analyze e-waste management models, legal principles, contemporary approach to curb the menace of e-waste. </em></p> Praveen Kumar Copyright (c) 2021 GLS Law Journal Thu, 23 Dec 2021 04:56:35 +0000 Judicial Accountability and Transparency in India: Flaws and Road Ahead <p><em>In a democratic system judiciary is very important organ for upholding and protecting the rights of the people. Not only an organ of judiciary is required but it is also very essential that this branch of government must be independent in its functioning. Independence is required to ensure the impartiality in decision making process. Without impartiality in the decision making process public cannot witness the sense justice. Along with the independence, judicial accountability and transparency is also necessary. In absence of judicial accountability, transparency and independence; justice will be an illusion for public. Justice is one of the most important objects of a democratic system. Justice is a major goal of law. Justice is very important for flourishing any democratic system because injustice with public ultimately leads to dissatisfaction, disaffection to government or ruler and results in revolt against State. Judicial independence cannot be isolated to the accountability for their work which judges carried out. Judges are also human being and they work under the human fallibilities. Judges cannot be exempted from the institutional supervisory mechanism. Judicial Independence seeks for adopting a proper mechanism for transparency and accountability.</em></p> Prem Chandra, Ashutosh Garg Copyright (c) 2021 GLS Law Journal Thu, 23 Dec 2021 00:00:00 +0000