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A New Dawn in Banking Transparency: RBI’s Revised Directions on Fraud

/ RBI, Banking Law, Blog, Featured Posts /

Introduction In a landmark move, the Reserve Bank of India (“RBI”) has issued a revised set of directions aimed at bolstering the transparency and accountability of commercial banks in declaring borrower accounts as “fraud.” This initiative addresses the growing number of legal challenges against banks’ declarations of fraud and the widespread dissatisfaction among borrowers and […]

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Towards Transparent Elections: The Case for State-Funded Indian Politics

/ Election Law, Blog, Featured Posts, politico legal /

Introduction India is the largest democracy in the world, where elections are also called “the Largest Event in the World,” making it imperative for the nation to have a fair and transparent electoral funding system. Financial sources to fund elections and the contesting political parties have long been discussed among policymakers and political activists. One

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Inclusive Futures: Surrogacy, Single Women And Constitutional Dynamics

/ Featured Posts, Blog, Constitutional Law, Human Rights /

Introduction The concept of “surrogacy” outlines the process where a woman carries and delivers a child on behalf of another couple, thereafter giving back the child to the intended parents after birth. Within the context of family dynamics and reproductive rights, the debate over the legalisation of surrogacy for single women in countries like India

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Uganda’s LGBTQ Legislation: A Step Backward in the Modern World

/ LGBTQ+ Rights, Blog, Constitutional Law, Featured Posts, Human Rights, Uncategorised /

Introduction Uganda is widely recognized for its strict views on sexuality and intolerance towards homosexuality. Recently, Uganda’s Constitutional Court rejected a petition against the Anti-Homosexuality Act, 2023, which is considered to be one of the world’s harshest anti-LGBTQ laws. It is critical to raise awareness about this problem for the benefit of Uganda’s LGBTQ+ population

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Exploring the Anti-Competitive Dynamics of the IPL Trade Window: A Legal Analysis

/ Competition Law, Blog, Featured Posts, Sports Law /

Introduction The recent trade of Indian all-rounder Hardik Pandya in the Indian Premier League (IPL) was surprising when earlier it was settled that he would play for his previous franchise Gujarat Titans (GT). The IPL trade window is a facility for teams to trade players for their respective teams. Trading of players is not an

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Assessing Blockchain’s Role in Indian Securitization: A Solution in Sight?

/ Blockchain, Blog, Featured Posts, Uncategorised /

Blockchain Securitization involves tokenizing illiquid assets and selling tokenized units to investors on Blockchain, offering transparency, decentralization, and immutability, which significantly improves the securitization process.

To enable faster adoption of securitization through Blockchain, there must be a robust regulatory framework; the RBI could introduce specific guidelines, or amendments could be made to the SARFAESI Act to recognize tokens as securities.

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Reimagining Fairness: A Case for Collective Bargaining Rights of Gig Workers

/ Blog, Competition Law, Featured Posts, Labour Law /

Introduction In the blink of an eye, within a mere 10 minutes, we can have our desired items delivered to at our doorstep, courtesy of the pulsating veins of the Indian gig economy. A realm where summoning not just cab rides but even haircuts is as easy as a flick of the wrist. However, within

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Electoral Bonds case: An Analysis of its contributions to the Test of Arbitrariness

/ Constitutional Law, Blog, Featured Posts, Supreme Court /

Abstract The arbitrariness test and its application have been a continuously evolving area of jurisprudence with each case contributing differently to the idea. The judgements between the Mcdowell case to before the Shayara Bano case have been different from each other. None of the judgements have relied much on the previous judgements. Furthermore, there have

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A Constitutional Conundrum: Assessing The Legality Of Electoral Bonds As Money Bills

/ Blog, Constitution, Featured Posts, Supreme Court /

Introduction In Association of Democratic Reforms v. Union of India, the Supreme Court dealt a significant blow to the Electoral Bond Scheme, declaring it unconstitutional on the grounds of violating the fundamental right to information enshrined in Article 19(1)(a) of the Constitution. However, it notably refrained from delving into the procedural challenge to its enactment-

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Negotiating Break Fees: The Conundrum Surrounding Regulation in India

/ Blog, Featured Posts, Mergers and acquisitions /

This piece delves into the intricacies of break-fee clauses in M&A transactions, sparked by the failed Sony-Zee merger. The author, Kaif Anwar, elucidates the concept, global regulations, and impact of break fees, citing examples like Microsoft-LinkedIn and AT&T-T-Mobile. While Australia, the UK, and the US have varying regulations, India lacks explicit legislation, relying on contract law for private transactions and regulatory bodies like RBI and SEBI for public ones. The article advocates for clearer guidelines from authorities like the Ministry of Corporate Affairs and RBI to enhance transparency and ease of doing business in India. It emphasizes the need for a nuanced approach, suggesting a minimum percentage of the total deal value as the quantum of break fee permissible. Ultimately, it calls for regulatory clarity to navigate the complex terrain of break-fee clauses in M&A transactions effectively.

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