Wednesday, September 12, 2012

Deepening of Democracy in India - by Ankit Awasthi LLM, Hidayatullah National Law University


Deepening of Democracy in India - Mahaveer Singh Dewal and Ankit Awasthi Hidayatullah National Law University, Raipur


India … has embarked on an experiment in democratic planning which is perhaps larger and more complex than any in the modern world. Some have called it a fateful experiment … what is on trial … is, in the last analysis, whether democracy can solve the problems of mass poverty. It is a trial perhaps never before made in such an atmosphere of urgency1. —Government of India, 1958 India has witnessed great social, political and cultural change. As the world’s largest democracy, its most diverse nation and one of its fastest growing economies, India is now, sixty years after Independence, universally regarded as an emerging superpower.


India started its life as an independent nation with a democracy that many people saw as shaky and thin on the ground – in Ambedkar’s words, democracy was ―topsoil‖ beneath which, India remained dominated by loyalties to caste, religion and region. India survived this early uncertainty, and has evolved into an increasingly mature democracy. The new maturity has come with a large-scale mobilization of people and a surging awareness of economic and political rights at the grassroots. Since the 1980s, this deepening has been accompanied with the rise of a new, powerful civil society, which is influencing and shaping our public debates


2. Achievement of Indian Democratic Government - Achievements are the measure of one's performance. India is largest democratic country in the world. After independence India continued with democracy system without any obstacle. If the Government of India, 1958 Sharma Shalendra’s Book democracy and development present Government's performance is to be measured then one has to look into their achievements. If this Government is seeking a return mandate, then in all fairness, they should be explaining us or detail us the achievements they have done in these five years. With nothing to boast, they went on adding the achievements of winning Gold in Olympics, Winning Oscar, Mission Chandrayaan as the achievements of their Government. This makes it obvious that they lack facts. If Pokhran was declared as achievement by the NDA Govt, it is because it involved the decisions of the Govt that required guts in the international arena. How Chandryaan could be the achievement of the government is known only to those media managers. Similarly if the UPA is taking credit for an Oscar for Slumdog, in all fairness, they deserve to get it because they are the reasons for the numerous slums in India and the people in BPL. Here goes my another list of achievements to help them


3. In few countries of the developing world has the impact of the state on agricultural modernization been as pervasive as in India. Since independence, India's democratic state has intervened extensively in the country- side with a plethora of policy packages aimed at promoting rural development, advancing social justice, and improving the living standards of the vast majority of the its inhabitants—known in official parlance as the ―weaker sections of society


4. We have made decent progress in several areas during the last 60 years. We have produced world-class scientists, engineers, journalists, soldiers, bureaucrats, politicians and doctors. We have built complex bridges and dams. We have sent satellites and rockets into space. We have increased the number of doctors tenfold. We have increased life expectancy from 32 years to 65 years. We have built about 1.25 million miles of new roads; we have multiplied our steel production by over 50 times and cement production by almost 20 times. We have increased our exports from a few million dollars at the time of independence to more than $125 billion now, with about $150 billion of imports


5. B.B. Misra: The bureaucracy in India: A historical Analysis of Development upto 1947 4 C.P. Bhambhri: Bureaucracy and Politics in India (Delhi: Vikas, 1971) 5 newshopper.sulekha.com/india-general-elections-2009/blogs/2009/04/achievements.htm


Green Revolution Perhaps, no other Indian initiative has enhanced the national confidence as the Green Revolution initiated by Dr. M.S. Swaminathan. This revolution, which started in 1965, not only transformed India into a food-surplus economy from a food-deficit economy but also triggered the expansion of the rural, non-farm economy. The lives of at least 400 million to 500 million Indians have been uplifted due to this initiative. From being a perennial importer of grains, India became a net exporter of food grains 10 years ago.


White Revolution - Coming from a generation that experienced an acute shortage of milk, it is unimaginable that, today, we have become the largest producer of milk in the world. The credit goes to the extraordinary vision of one person, Dr. Verghese Kurien. In a nation where children are malnourished, such abundance of milk has offered us the opportunity to fight malnutrition with the means produced in India


6. The economic reforms of 1991--initiated by the late Narasimha Rao, Dr. Manmohan Singh, Shri P. Chidambaram and Dr. Montek Singh Ahluwalia--opened up the minds of Indian corporate leaders to the power of global markets, helped them accept competition at home and abroad, and raised the confidence of consumers. Our hard currency reserves have gone up from a mere $1.5 billion in 1991 to over $220 billion today. The reforms encouraged entrepreneurship and gave confidence to businessmen and entrepreneurs to dream big, create jobs, enhance exports, acquire companies abroad and follow the finest principles of corporate governance


7. Economic scenario: Inflation is an index that is given on the basis of average calculations of the present situation vis-à-vis preceding weeks. The inflation has shot so high that the average is now showing almost zero inflation. They boast of near-zero inflation as an achievement whereas all of us are aware how far the prices of essential commodities soared high. The way they played around the petroleum prices as the elections approached near showed their ability or the lack of it to control the prices


8. S.R. Maheshwari : ―Bureaucracy and political development in India‖ in Indian journal of political science, vol. 39 7 Carl J. Friedrich: Constitutional Government and Democracy (Calcutta: Oxford and IBH, 1966). 8. J.W. Garner: Political Science and Government (Calcutta: World Press, 1952), II Edn.7


As per my opinion, because of glorious achievement of Democratic form of Government in India, which gained in last sixty year, India still persist with Democratic form of governance. 


Thursday, January 19, 2012

COMPANY ACT 1956- "BUY BACK OF SHARES" by Shiva Patel, 3rd year, National Law Institute University, Bhopal

INTRODUCTION

Be it a listed or unlisted company, share capital will bear an integral part in company setup . Share capital can be of two types i.e. equity share capital or preferential share capital. The share capital of a company has to be subscribed by one or more persons. After the share of a company has been allotted to the subscribing members, the subscribers have no right over the money gone as proceeds of the shares subscribed. All that the shareholder has is the right to vote at the general meetings of the company or the right to receive dividends or right to such other benefits which may have been prescribed. The only option left with the shareholder in order to realize the price of the share is to transfer the share to some other person.

But there are certain provisions in the companies act which allow the shareholders to sell their shares directly to the company and such provisions are termed as buy back of shares. Buy back of shares can be understood as the process by which a company buys its share back from its shareholder or a resort a shareholder can take in order to sell the share back to the company.

The provisions regulating buy back of shares are contained in Section 77A, 77AA and 77B of the Companies Act, 1956. These were inserted by the Companies (Amendment) Act, 1999. The Securities and Exchange Board of India (SEBI) framed the SEBI(Buy Back of Securities) Regulations,1999 and the Department of Company Affairs framed the Private Limited Company and Unlisted Public company (Buy Back of Securities) rules,1999 pursuant to Section 77A(2)(f) and (g) respectively.

Wednesday, January 18, 2012

Bentham Analysis of Death Penalty and its Relevancy in Contemporary India by Rituraj Sinha, NALSAR University, Hyderabad

INTRODUCTION
Ever since the enactment of the Indian Constitution in 1950, public awareness of problems with death penalty and prevailing legal standards has evolved significantly. In dozens of countries, democratic governments in the course of conducting a major review of their national constitutions have decided to curtail or abolish the death penalty. Nearly all European and several Pacific Area states (counting Australia, New Zealand and Timor Leste), and Canada have abolished death penalty. The majority of states in Latin America have also absolutely abolished capital punishment, however, a few countries, like Brazil, use death penalty only in special situations, for example, treachery committed during wartime.

In India also, it should be noted that right from the days of the British rule, there has been a strict opposition to the enforcement of capital punishment. For example, in 1931, Gaya Prasad Singh, a member of the Legislative Assembly introduced a Bill in the Assembly which proposed to abolish the death penalty in the country. However, it was overturned. Other significant events were the Supreme Court judgements inJagmohan Singh V State of U.P[1]. and in Bachan Singh V State of Punjab[2]. In these cases the Supreme Court held that death penalty is an exception not a rule and also came up with the doctrine of ‘rarest of rare case’. Thus, these developments in these cases can be regarded as the steps towards an attempt to abolish the death penalty. In retrospect, these cases are neither a small nor the insignificant achievement for the abolitionist.
  
It is now recognised in both national and international systems that the death penalty has no place in a democratic and civilised society. India is sovereign, secular, and democratic but yet, it is astonishing that India is one of the few countries in the world which still embraces the concept of capital punishment or the death penalty. Through this paper, the Author is going to study what Bentham has said about death penalty and will try to find out its relevancy in India.

Now coming to the theory, since Socrates, philosophers have examined the morality and policy of the death penalty, but Bentham devoted more space to the topic than any of his predecessors. Jeremy Bentham twice undertook to apply his general utilitarian principles of punishment to a critique of death penalty. First was in 1775[3] and the second was in 1831[4]. In his 1775 essay, firstly he explained the distinction between ‘simple’ and ‘afflictive’ death penalties and then also criticised the latter. Then he argued his case against the death penalty on the utilitarian grounds. His second effort in 1831 was entitled as ‘On death penalty’. This effort was mainly devoted against the death penalty on utilitarian grounds as it was made in his earlier effort of 1775, but the style was distinctly inferior then his essay of 1775. Thus taken together Bentham’s 1775 and 1831 essays constitute of the death penalty unique among leading philosophers.

Friday, January 13, 2012

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