by IJLMH | Sep 14, 2020
Domestic tax laws are an integral aspect of the International Tax Regime, as the applicability of every International Tax Treaty largely relies on a person’s taxability under the negotiating parties ‘ domestic rules. Domestic tax laws include income tax and capital tax regulations, guidelines, notices, and circulars in a specific jurisdiction. The foreign dimension of these laws is definitely relevant from the perspective of the International Tax Regime. The foreign dimension applies to all rules that are applicable to taxation domestic taxpayers ‘ global income and capital, or the non-resident taxpayers ‘ local income and capital. These domestic law also acknowledges the numerous External Tax Agreements negotiated by the government concerned. The interplay between the International Tax Agreements and the multinational dimension of domestic law provides a regulatory context through which transactions take place across boundaries.
by IJLMH | Sep 14, 2020
“Rights like the right to equality were empty vessels into which each generation pours its content by judicial interpretation.”
This article provides an analytical overview on evolution of “Doctrine of Manifest Arbitrariness” as a ground for the Judicial review of legislative action (herein after legislative review). The applicability of ‘arbitrariness’ as the ground for legislative review has been Res integra for a very long period of time until recently settled in case of Shayara Bano v. Union of India .
In Indian context the doctrine traces its evolution from the Art 14 of the Constitution. However, in Indian Constitution the concept of ‘equality’ with respect to legislative review under Art 14 has been seemingly, equated to just ‘reasonableness of classification’ and has been reduced to a mere formula (classification test) ignoring the true essence of concept of equality. Article 14 contains a powerful statement of values, ‘Equality before the law’ and ‘Equal protection of laws’. By reducing it to a formal exercise of ‘classification test’ we are missing the true value of ‘equality’ as a safeguard against arbitrariness in state action. Wherein state action implies all the administrative, as well as legislative action.
‘Non Arbitrariness’ test for a very long time was not considered as a standalone test to determine the validity of a legislation. However, it was a relevant and recognized test in Judicial review of administrative action (herein after administrative review) since the famous British decision in ‘Wednesbury case’. The question which then arises is why the courts in India have adopted different level of scrutiny in examining the pervasiveness of arbitrariness in different organs of government (legislative and executive).
The introductory part of this paper deals with the scope of Art14 with respect to the legislative review or more precisely, only with one aspect of Art14 that is ‘Doctrine of Manifest arbitrariness’. The second part of this article analyses adequate volume of cases in which time and again the doubt has been expressed as to the applicability of this doctrine. For convenience the cases have been classified in three categories as ‘Pre Mc-Dowell Decisions’, ‘Mc- Dowell and Post Mc-Dowell Decisions’ and ‘Post Shayara Bano Decision’. In the third part through empirical study we will find out how frequently this claim has been raised post Shayara Bano decision and the future prospects.
by IJLMH | Sep 14, 2020
The term “Epidemic” is derived from a Greek word “Epidemia” means “staying in one place, among the people”. This paper follows an investigative pattern of research as it explores the developments in laws and policies during the epidemic: Novel Coronavirus. Further it brings in suggestions to ease citizen’s life during this period. This paper also throws light on how Epidemic disease act, 1897 created with the aim to protect the common citizens during the outbreak of the dangerous disease or epidemic is the major law to govern the harassment, harm, healthcare and all other factors during this hardship.
Further it scrutinizes other laws and policies like Essential Commodities Act, 1955 where a number of important commodities have been removed from the list, Atmanirbhar bharat scheme where the basic definition of Micro, Small, Medium Enterprise has been amended, Poreign Direct Investment Policy and Labour Laws which has also changed enormously during this pandemic period.
Finally the authors conclude by saying that there is a need to strengthen panchayats, decrease crime against women that has boosted surely during this phase and the need to have cooperative federalism.
Keywords: Epidemic, Coronavirus, Commodities, Developments, Laws.
by IJLMH | Sep 14, 2020
As we all know that we have written our constitution so that the preamble of the constitution starts with “We the People of India”. Though the people have said to be written their constitution, still there is a lack of enforcing or giving liberty to exercise their fundamental rights. In this article, firstly the authors would like exegesis of how are the police opening the rowdy sheet by leaving aside the main culprit and secondly, how it will violate the fundamental rights of suspected criminals or criminals by affixing photos and surveillance? And finally, the authors would like to suggest to make amendments to the appropriate provisions to curb these inveterate actions.
by IJLMH | Sep 14, 2020
Evolution is a natural phenomenon, but what happens when the social structure builds itself in such a way which is discriminatory for almost half the population of the society? Often the primary barriers that women face are socio-economic, legal and cultural in nature. From ages, women have been assigned a subordinate status coupled with inferior roles in the society, prohibiting and restricting their right to equality and choice. What is absent from the society, is “inclusivity”, inclusivity for women in the society which is predominantly male and where women are regarded as the 2nd gender.
Angelica Fuentis, a Mexican entrepreneur and philanthropist, and above all a woman, said “Gender parity is not just good for women – it is good for the society”.
In a developing country like India, we see an annual increase in violence against women, female foeticide, infanticide, son-preference, and dowry harassment, all of which is still rampant in the rurals. The societal institutions have emerged and evolved in a way, which inherently places women in a vulnerable position, exposing them to exploitation and even if women manage to overcome these barriers, their work and contribution in the society is constantly unrecognised and undervalued. For the sake of development, the human rights of women have to be unleashed and their constant violation at every social junction has to be mitigated. There is a need of a society which not only believes in equality between men and women, but also in an environment where women can break off their shackels of social perceptions and live freely. Only then can we envision growth.
Keywords: Women, Human rights, Society, Exploitation, Vulnerable, Equality, Unrecognised, Undervalued, Gender discrimination.
by IJLMH | Sep 14, 2020
The Reserve Bank of India (RBI), vide a circular issued in April 2018, effectively ‘banned’ trading in virtual currencies in India – sounding the death knell for majority of ‘crypto’ traders and investors. RBI’s ‘bury head in the sand’ response was met with several lawsuits filed across India; ultimately finding their way to the Apex judicial body.
On March 4, 2020, the Supreme Court of India, vide a 180-pages detailed decision, handed out a new lease of life to the stakeholders by lifting the ‘ban’. The Supreme Court recognized RBI’s authority to regulate the field but held against imposition of a total prohibition. The ruling comes as a welcome respite for the Indian fintech community.
Comparable to India’s conundrum, a large part of the last decade witnessed major economies struggling to find a suitable response to the flourishing cryptology-driven parallel global financial system. While some major economies imposed an outright ban on trading in virtual currencies; other jurisdictions conceded to embrace the new technologies, rather than allow a parallel system to flourish without governmental oversight. Some countries also explored other forms of virtual currencies (Central Bank Digital Currencies or CBDCs) to replace their deteriorating physical cash economy.
Through this Paper, I expound the existing literature on the subject, and thereafter, attempt to analyze the benefits of the underlying technology in cryptocurrencies and advocate for its usage in issuance of a hybrid form of CBDCs to stimulate the current financial system of the country. I propose an e-Rupee model to assimilate the advantages of Facebook’s Libra currency model with the need for necessary control and supervision attached to the nature of CBDCs, for adoption by India.
Keywords: Bitcoin, Cryptocurrencies, Virtual Currencies, Central Bank Digital Currencies, Libra
