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ID: 64015
Title: Extended producer’s responsibility in India: An analysis of the Legislative framework in the background of key challenges
Author: Praneeta Ragji
Editor: Mr. Manjeri Subin Sunder Raj
Year: 2018
Publisher: National Law School of India University
Source: ENVIS, CES & EWRG, CES
Reference: Journal of resources, energy, and development Vol. 14 (1) 51-60 (2018)
Subject: Extended producer’s responsibility in India
Keywords: Producer, responsibility, analysis of the Legislative framework, Challenges, India
Abstract: Globally around 50 million tons of e-waste is generated annually. In India, the current estimate projects 2.7 million tons of annual e-waste generation. Electronic waste or E-waste is a growing concern for nations all around the world. Rapid growth combined with rapid product obsolescence resulted in discarded electronics which is now the fastest growing waste stream in the industrialized world. It is in this backdrop that e-waste management has become a pressing concern in nations around the world.
Location: T E 15 New Biology building
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ID: 64014
Title: The wetlands (Conservation and Management) Rules, 2017: A critique
Author: Avani Dubey
Editor: Mr. Manjeri Subin Sunder Raj
Year: 2018
Publisher: National Law School of India University
Source: ENVIS, CES & EWRG, CES
Reference: Journal of resources, energy, and development Vol. 14 (1) 38-50 (2018)
Subject: The wetlands
Keywords: The wetlands, Conservation, Management, 2017
Abstract: The wetlands (Conservation and Management) Rules, 2017 (hereinafter, the Rules) are a set of rules which have been introduced by the Ministry of Environment, Forests and Climate Change of India. These Rules are in response of to the ever-growing urbanization, which has resulted in callous exploitation of natural resources. They succeed the Rules of 2010 and 2016, aiming to conserve and protect through several revised provisions, largely based on the “Wise use” principle. India, being a Party to the Ramsar Convention on Wetlands, 1971 (hereinafter “the Convention”) , is bound to ensure the well-being of wetland ecosystems of the country, and has notified 26 wetlands as wetlands of international importance under the Convention. These Rules therefore strive for the fulfilment of India national as well as international concerns.
Location: T E 15 New Biology building
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ID: 64013
Title: Public Liability insurance: Its Relevance, Application, Shortcomings and the way Forward
Author: Dr. T.R. Subramanya & Aaditya Dighe
Editor: Mr. Manjeri Subin Sunder Raj
Year: 2018
Publisher: National Law School of India University
Source: ENVIS, CES & EWRG, CES
Reference: Journal of resources, energy, and development Vol. 14 (1) 17-37 (2018)
Subject: Public Liability insurance: Its Relevance, Application, Shortcomings and the way Forward
Keywords: Public Liability insurance, Relevance, Application, Shortcomings and the way Forward
Abstract: India met one of its first and worst industrial disasters in 1984, when a major gas leak took place in Bhopal. The severity of the gas leak was depicted by the causalities 5, 200 people lost their lives and thousands more were left injured due to the leakage of toxic Methyl Isocyanate from the Union Carbide Plant. As a result of this, a complex litigation ensued where in an enormous claims were made against Union Carbide for compensation. Interestingly, when the Bhopal gas case was still being fought in the courts, another accident took place in New Delhi, in one of the chemical plants of Shriam Ltd. This accident did not result in any casualty but the proceedings which were ensued in furtherance of this accident changed the path of Indian jurisprudence in Environmental law. In the Oleum Gas Leak Case, the Indian Supreme Court laid down important principles in the realm of relief for mass torts, which was deemed to be ground breaking in the area of liability for mass torts.
Location: T E 15 New Biology building
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ID: 64012
Title: Socio-political and Environmental impact of fracking
Author: Prof. (Dr) Armin Rosencranz Shubham Janghu
Editor: Mr. Manjeri Subin Sunder Raj
Year: 2018
Publisher: National Law School of India University
Source: ENVIS, CES & EWRG, CES
Reference: Journal of Environmental Law Policy and Development Vol (5) 1-16 (2018)
Subject: Socio-political and Environmental impact of fracking
Keywords: Socio-political, Environmental impact of fracking
Abstract: With the recent increase in its production in the United States, shale gas is widely perceived as abundant, available and low cost. The shale revolution has allowed politicians to boast of energy independence in front of the electorate. But it has also faced severe criticism from environmental groups for contaminating drinking water. In this paper, we will analyses recent developments in the field of fracking. In part I, we discuss the worldwide trend in producing shale gas and describe India’s Shale Gas and Oil Policy, 2013.In Part II, we discuss the socio-political , economic and environmental impacts of shale gas experienced around the world. In Part III of this paper we analyse the possible legal hurdles (international law and Indian law) that fracking could face. In Part Iv, we indicate the possible way forward for Indian policy makers that minimize the detrimental impacts of fracking.
Location: T E 15 New Biology building
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ID: 64011
Title: Call for papers National Law School of India University Book Series-Vol.1 25 Years of Economic Liberalisation: Changing Legal Paradigm
Author: -[Call for papers ]
Editor: Mr. Praveen Tripathi, Ms. Arpitha H.C, Ms. Yashomati Ghosh, Ms.Anita Yadav
Year: 2015
Publisher: National law school of India University, Bengaluru
Source: ENVIS, CES & EWRG, CES
Reference: Journal of law and public policy Vol. II 277- 279 (2015)
Subject: Call for papers National Law School of India University Book Series-Vol.1 25 Years of Economic Liberalisation: Changing Legal Paradigm
Keywords: National Law School of India University, 25 Years of Economic Liberalisation, Legal Paradigm
Abstract: NLSIU Book Series is an annual, faculty run, peer reviewed and an interdisciplinary reader, published by Distance Education Department at National Law School of India University, Bengaluru. The Book Series is intended to bring together regular and distance mode of education into proximity and record the experiences and aspirations in law and public policy. Book Series will be a forum that encourages and engages students, academicians, administrators, practitioners and research scholar to come together for the cause of continuing Legal Education through their scholarly writing. NLSIU Book Series solicits the submissions for its Vol. I to be released in 2016 to mark “25 Years of Economic Liberalisation: Changing Legal Paradigm”. This volume is aimed to account Our experiences and learning from last two and half decades of economic liberalisation and development of India specific jurisprudential concepts and policy aspects. This volume will sharply focused on how far India has moved on the path of deregulation, free-market oriented economy and consequent development in legal studies.
Location: T E 15 New Biology building
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ID: 64010
Title: From Apology to Utopia to Aplogy? Kunal Saha as a Vindication ofthe Normative Equilibrium of tort Law.
Author: Srinivas Raman
Editor: Mr. Praveen Tripathi, Ms. Arpitha H.C, Ms. Yashomati Ghosh, Ms.Anita Yadav
Year: 2015
Publisher: National law school of India University, Bengaluru
Source: ENVIS, CES & EWRG, CES
Reference: Journal of law and public policy Vol. II 265- 276 (2015)
Subject: From Apology to Utopia to Aplogy? Kunal Sha as a Vindication of the Normative Equilibrium of tort Law.
Keywords: Apology to Utopia, Vindication, Normative Equilibrium, tort Law
Abstract: October 24, 2013 was a historical day for tort law in INDIA –the supreme Court delivered a landmark judgment in the award of compensation in an important case on medical jegligence, the Kunal Saha Case, remanded to the National Consumer Disputes Redressal Commission for computation of damages, 15 years after the original case was filed. The unprecedented compensation amounting to a whopping INR11 crore is the highest quantum of monetary damages ever awarded in India in a medical negligence case. However, it is only a small fraction of the damages sought by the claimant Kunal Saha-about INR 77 crores. Several questions have been raised in retrospect about the significance of this decision and its future ramifications in the context of the established doctrine of stare decisis.
Location: T E 15 New Biology building
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ID: 64009
Title: South Delhi Municipal Corporation V. Radhey Shyam
Author: Badrinath Srinivasan & Smitha Poovani
Editor: Mr. Praveen Tripathi, Ms. Arpitha H.C, Ms. Yashomati Ghosh, Ms.Anita Yadav
Year: 2015
Publisher: National law school of India University, Bengaluru
Source: ENVIS, CES & EWRG, CES
Reference: Journal of law and public policy Vol. II 255- 264 (2015)
Subject: South Delhi Municipal Corporation V. Radhey Shyam
Keywords: South Delhi, Municipal Corporation
Abstract: In South Delhi Municipal Corporation v Radhey Shyam , the Delhi High Court had to consider the question as to whether a party could save on post-award interest in case of appeal against a decision rejecting a challenge to the arbitral award be merely depositing the Award Amount in the court. The court held that deposit of the Award Amount in the court in such proceedings did not amount to payment to the Respondent and hence, the Petitioner was liable to pay post-award interest even after the date of deposit. This decision is in direct contradiction to the decision of the Supreme Court in HP Housing & Urban Development Authority V Ranjit Singh Rana. This paper analyses the former decision and argues that it lays down the correct law.
Location: T E 15 New Biology building
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ID: 64008
Title: The Line of Resistance: Examining Decentralised decision Making through PESA in the Vedanta Case, Niyamgiri
Author: Deepa K.S
Editor: Mr. Praveen Tripathi, Ms. Arpitha H.C, Ms. Yashomati Ghosh, Ms.Anita Yadav
Year: 2015
Publisher: National law school of India University, Bengaluru
Source: ENVIS, CES & EWRG, CES
Reference: Journal of law and public policy Vol. II 238- 254 (2015)
Subject: The Line of Resistance
Keywords: Line of Resistance, Decentralised decision, PESA, Vedanta Case, Niyamgiri
Abstract: India has about 100 million tribal people, partly governed by the V and the VI Schedules of the Indian Constitution and partly by the provisions relating to the ordinary territory of India. The issue of decentralisation, devolution of power and democratic decision making for the indigenous tribal people of India has assumed great significance since historically , the rulers of the Indian subcontinent had a reserved turn towards the forest people as much as the Indian society itself. Outside the pale of the caste, political and legal structures of the mainland society, kadan or the forest man roamed freely and fearlessly in the mainland society, kadan of the forest man roamed freely and fearlessly in the collective conscience of the Indian People .A succession of rulers adopted either of the approaches towards the tribals-a policy of leaving them outside the purview of jurisdiction or occasionally using their province as a game reserve to display valour or indulge in sports. Even during the British imperial hegemony over India, the independent territory of the tribal remained agency areas with a high degree of autonomy and non-interference.
Location: T E 15 New Biology building
Literature cited 1: Amin, S. The Future of Maoism (Augmented ed. Rainbow Delh, 1998) BALCO Employees, Conflicts, and Cooperation: Essays in the political and institutional Economics of Development (MIT Press, 2005)
Literature cited 2: Chakrabarty, B.,&Kujur, R.K. Maoism in India: Reincarnation of ultra-Left Wing Extremism in the twenty –First Century. (Routledge 2009). Dobson, A., Justice and the Environment: conceptions of the Environmental sustainability and dimensions of social justice (Oxford University Press, New York, 1998)

ID: 64007
Title: Conflicts between foreign investment and environment protection; Examining the role of bilateral investment treaties
Author: Sumit Sonkar
Editor: Mr. Praveen Tripathi, Ms. Arpitha H.C, Ms. Yashomati Ghosh, Ms.Anita Yadav
Year: 2015
Publisher: National law school of India University, Bengaluru
Source: ENVIS, CES & EWRG, CES
Reference: Journal of law and public policy Vol. II 217- 237 (2015)
Subject: Conflicts between foreign investment and environment protection
Keywords: Conflicts, foreign investment, environment protection, bilateral investment treaties
Abstract: Investors prefer to invest in those countries where there is a transparent, credible and enforceable legal framework so that the host state doesn’t modify or alter the policies related to investment at their whim and fancies once the investments are made. Therefore, it is in the interest of host states to protect investor’s economic interests and rights however, while doing so environmental concerns cannot be forgotten and given a goodbye. In order to maximise profits investors sometimes tend to exploit the natural resources of the host states without paying heed towards its impact on the environment while taking the advantage of insufficient strict regulatory regimes in the host states. In the absence of binding obligation to respect public policy gives plethora of opportunity to multinational companies and corporations to engage in nefarious activities to degrade the environment by taking the umbrella cover of investment protection treaties. Host states, which are mostly developing countries, are constrained to take such behaviour lightly because there is a need to pursue their development objectivities. A number of environmental disasters and consequent litigations against investors narrate the sorry state of affairs in this regard.
Location: T E 15 New Biology building
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ID: 64006
Title: Evolution of Commercial Tribunals with Special Reference to Company Law Tribunals in the light of R.Gandhi’s Case
Author: A.K.Febin
Editor: Mr. Praveen Tripathi, Ms. Arpitha H.C, Ms. Yashomati Ghosh, Ms.Anita Yadav
Year: 2015
Publisher: National law school of India University, Bengaluru
Source: ENVIS, CES & EWRG, CES
Reference: Journal of law and public policy Vol. II 190- 216 (2015)
Subject: Evolution of Commercial Tribunals with Special Reference to Company Law Tribunals in the light of R.Gandhi’s Case
Keywords: Evolution, Commercial Tribunals, Company Law Tribunals, R.Gandhi’s Case
Abstract: Tribunals are acknowledged as key institutions of a welfare state. Tribunals, especially commercial tribunals, are drawing a good deal of attention now. In spite of a growing amount of criticism little systematic research has been carried out regarding the way they essentially function. The term ‘Commercial’ herein broadly refers to economic matters or matters having a commercial element, which the tribunal is required to determine. The spirit of commerce, as Montesquieu said, produces in man a sense of exact justice. Economy of time and of money should be the foundation of all commercial jurisprudence. The delay of even a single day or an hour might prove to be fatal. Hence, those who have to pay and receive payment should know as to when they should pay and are to be paid. Any fault will affect the whole lot of people who depend on them and their transactions. The dependents include their creditors, debtors, suppliers, customers and employees. Commercial disputes constitute an important segment of litigation. The peculiarity of commercial disputes, especially that of company law disputes, is that it is to be resolved quickly, predictably, consistently and economically. Courts thus form an important aspect of the institutional framework of commerce. The failure of not providing an apt remedy will hamper the economic development badly. The remedy should be fair and just, so as to inspite confidence of the people. Therefore, efficiency and inefficiency of the judicial system will directly affect the commercial life.
Location: T E 15 New Biology building
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ID: 64005
Title: Justice Promised but Undelivered A Critique on Enslavement through debt Bondage in India
Author: Dr. Anuja S
Editor: Mr. Praveen Tripathi, Ms. Arpitha H.C, Ms. Yashomati Ghosh, Ms.Anita Yadav
Year: 2015
Publisher: National law school of India University, Bengaluru
Source: ENVIS, CES & EWRG, CES
Reference: Journal of law and public policy Vol. II 160- 189 (2015)
Subject: Justice Promised but Undelivered A Critique on Enslavement through debt Bondage in India
Keywords: Justice, Critique on Enslavement, debt Bondage, India
Abstract: Work is part of everyone’s daily life and is crucial to a person’s dignity, well being and development as a human being. Forced labour is defined as labour required under the threat of punishment, regardless of the form, and for which the individual has not offered himself or herself voluntarily. Many countries have ratified the major international instruments identifying forced labour and proclaim the freedom to work and enjoy dignified living and working rights of workers in various fora. However, to consider forced labor a thing of the past would be a glaring mistake. Distinct sociological contexts can be attributed to the rise of bonded labour or slavery in different countries. The recent debates on the problem of bonded labours are to be viewed from the globalized paradigm far delineated from the traditional way of understanding the same. Reasons attributed to the vulnerability of bonded labourers as reflected by the academicians and the historical literatue are agricultural, feudal and colonial vestiges, socio cultural vestige, in addition to the after reflects of globalization on market economics and employment in the 1990s.The broader socio-economic problems like surplus labour ,unemployment/under-employment, inequitable distribution of land and assets, low wages, distress migration, social customs also play a pivotal role in explaining the process.
Location: T E 15 New Biology building
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ID: 64004
Title: Power of the President of India to Grant sanction of prosecution against the Prime Minister
Author: Dr. Lokendra Malik
Editor: Mr. Praveen Tripathi, Ms. Arpitha H.C, Ms. Yashomati Ghosh, Ms.Anita Yadav
Year: 2015
Publisher: National law school of India University, Bengaluru
Source: ENVIS, CES & EWRG, CES
Reference: Journal of law and public policy Vol. II 143- 159 (2015)
Subject: Power of the President of India to Grant sanction of prosecution against the Prime Minister
Keywords: Power of the President of India, Grant sanction, prosecution, Prime Minister
Abstract: The President is the Head of the Union of India who exercises many powers and functions under the constitution on the aid and advice of the Council of Ministers headed by the Prime Minister as the constitutional scheme. Generally, whatever advice the Council of Ministers tenders to the President, the latter acts on the same as per the spirit of Parliamentary for m of Government which is envisaged in the Constitution in which the President is a constitutional head of the Government and the real powers are vested in the Council of Ministers. Very few situations are there where the president can act without ministerial advice. But a new category of powers which the president may have to act without receiving the advice of the Council of Ministers seems to be emerging under special laws such as the Prevention of Corruption Act, 1988.In the Present paper the author intends to discuss and critically analyze the jurisprudence pertaining to the power of the President to grant sanction of prosecution against the Prime Minister.
Location: T E 15 New Biology building
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ID: 64003
Title: Conformity goods to the contract of Sale Under the Ohada Uniform act on General Commercial Law: A critical analysis and Appraisal
Author: Roland Djieufack
Editor: Mr. Praveen Tripathi, Ms. Arpitha H.C, Ms. Yashomati Ghosh, Ms.Anita Yadav
Year: 2015
Publisher: National law school of India University, Bengaluru
Source: ENVIS, CES & EWRG, CES
Reference: Journal of law and public policy Vol. II 108- 142 (2015)
Subject: Conformity goods to the contract of Sale Under the Ohada Uniform act on General Commercial Law: A critical analysis and Appraisal
Keywords: Conformity goods, Ohada Uniform act, General Commercial Law, critical analysis and Appraisal
Abstract: In contracts of sale of goods governed by the Organization for the Harmonisation of Business Laws in Africa (better known by its French acronym-OHADA) IN ITS Uniform Act on General Commerical Law, the duties of the seller are principally governed by the notion of ‘conformity’. This duty is expansive, imposing an absolute liability for defects that exist when a risk passes to the seller, regardless of the fault. The duties of parties to a contract of sale of goods are very important under commercial transactions. This is because parties most often show concern to what needs to be done and how it has to be done so as to achieve each other’s interests in the transaction. It is not an over-statement to say that the obligations of parties are the core of a contract of sale. Since the other requirements, notably, the contract formation and the terms of a contract shall have no significance if contractual parties fail to honour respective obligations. So, the subsistence of a contract of sale largely depends on the full respect of duties by the parties concerned.
Location: T E 15 New Biology building
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ID: 64002
Title: Ecosystem Analysis of India’s Corporate Governance Practices-Gaps and Opportunities
Author: Dr.Raymond Keng Wan
Editor: Mr. Praveen Tripathi, Ms. Arpitha H.C, Ms. Yashomati Ghosh, Ms.Anita Yadav
Year: 2015
Publisher: National law school of India University, Bengaluru
Source: ENVIS, CES & EWRG, CES
Reference: Journal of law and public policy Vol. II 75- 107 (2015)
Subject: Ecosystem Analysis of India’s Corporate Governance Practices-Gaps and Opportunities
Keywords: Ecosystem Analysis of India, Corporate Governance Practices, Gaps and Opportunities
Abstract: This paper intends to serve as a primer and a preamble-by identifying the gaps of India’s corporate governance code as well as to offer possible solutions to help strengthen its current legal frame work and practices. It is by no means a complete prescription to all governance issues as the topic is dynamic in nature –and proposed solutions listed are certainly not an exhaustive one. Nevertheless, by exploring deeper and wider into the gaps identified, intensifying dialogues and taking spontaneous actions, it would help policymakers and stakeholders within the ecosystem to enhance India’s economic competitiveness in the global scene along with improved employment sentiment.
Location: T E 15 New Biology building
Literature cited 1: Bartett, George, The Handbook of International Corporate Governance (Kogan Page, United Kingdom, 2009) Baxt, Robert, Duties and Responsibilities of Directors and Officers (16th Ed. Australian Institute of Company Directors, 2000)
Literature cited 2: Gardner, David & Ward, Graham, The Handbook of International Corporate Governance-A definitive Guide (2nd Edition. Kogan Page, 2009). Harward, Doug & Taylor Ken, What Makes A Great Training Organization: A Handbook of Best Practices (Pearson Education Inc.USA, 2014)

ID: 64001
Title: Socio-economic Rights (SER) in India: Responses During Economic Crisis
Author: D.Uday Shankar
Editor: Mr. Praveen Tripathi, Ms. Arpitha H.C, Ms. Yashomati Ghosh, Ms.Anita Yadav
Year: 2015
Publisher: National law school of India University, Bengaluru
Source: ENVIS, CES & EWRG, CES
Reference: Journal of law and public policy Vol. II 43- 74 (2015)
Subject: Socio-economic Rights (SER) in India: Responses During Economic Crisis
Keywords: Socio-economic Rights, Responses During Economic Crisis, India
Abstract: With the fall of imperialism in the mid of 20th Century throughout the World, the newly born nations, including India, scripted a constitution to guarantee Justice-political, social and economic and equality of opportunity and status to all. In implementing these ideals, drafters of the Constitution accorded constitutional status to both civil and political rights, also known as negative rights and social and economic rights, also known as positive rights. The constitutionalization of social and economic rights had rightly, addressed a debate on categorization o socio-economic rights and civil and political rights and accorded recognition to the former at a par with letter. However, the enforcement of these rights made dependent on various factors such as economic development, allocation of resources and formulation of policy.
Location: T E 15 New Biology building
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