by IJLMH | Nov 23, 2020
Natural justice simply means ‘what is just and what is unjust, what is right and what is wrong’. Principles of natural justice is also called common sense justice and whenever the term ‘common sense’ is used in law it doesn’t mean opinion of all persons of the society, but it means ,opinion of the prudent persons. This article intends to show the importance of Principles of Natural Justice in judicial proceedings and also focuses on the consequences of violation of Principles of natural justice by the adjudicating authorities.
Key Words: Natural Justice, Violation, Prudent
by IJLMH | Nov 23, 2020
Mineral resources are oomph of the 1000 billion USD world economies. Scarcity in mineral resources brings with it, economic scarcity, both of which are a result of geological scarcity. The space mining explorations will lead to reorganization of the sector. The future of this sector and laws regulating asteroid mining are open to question. The present article is an attempt to make an assessment of such activities in the context of emerging legal issues that come along with commercial utilization of these resources. With the growing need for resources and such non-traditional missions, there will be difficulty in accessing the regulating legal aspects of space laws which results in scepticism.
U.S. and Luxembourg have given carte blanche to privately-owned entities to use space resources and operate independently (legal rights) in low earth orbit (eventually deep space) through their domestic laws which they say comply with the obligation under international law. Propensity still exists due to lack of maturity in space mining laws and these truancyof relevant norms or a statute and any office administering space mining activities. This would foment resource conflicts in outer space due to the rule of few. Propensity also lies in whether or not the use of outer space resources is authorised.
The Outer Space Treaty “prohibits states from owning celestial bodies by claims of sovereignty, use, occupation, or any other means”. Additionally, this treaty makes States answerable for the endeavours of government / private commercial organisations by authorising and administering such activities ad nauseam. This paper also deals with the preeminent principles of space law to determine the appropriateness of such emerging commercial mining practices and also their effect on the outer space environment and the economic development of the mining industry.
by IJLMH | Nov 23, 2020
Through this article the authors wish to critically challenge the precedent set by the Competition Commission of India in the case of Bharti Airtel Ltd. v. Reliance Industries Ltd. & Anr. The Competition Commission of India was established under The Competition Act, 2002. The main aim of this Act is to prevent practices which have an adverse effect on competition and to promote and sustain competition in the market. The authors have critically analyzed the order of The Competition Commission of India in the purview of the objective of The Competition Act, 2002, the principles of fair trade and the constitutional values that empower such principles. This article deals with two of the most important issues that ensure fair competition in the market, anti-competitive agreements and abuse of dominance.
This article entails a detailed criticism of the three basic contentions of the Informant i.e. Bharti Airtel and factually differs from the reasoning given by The Competition Commission of India. Further this article portrays the effects of this order and how it has helped change India. This article also depicts the negative impact of the order on the other pre-existing wireless telecom service providers. The authors have further traced the development of Reliance Jio, post the order of The Competition Commission of India and related it to highlight how the Reliance Jio’s latest venture Jio Fiber has eased the existing pandemic situation.
Keywords: Competition Commission of India, Reliance Jio, Bharti Airtel, Predatory Pricing, Abuse of dominance.
by IJLMH | Nov 22, 2020
The globalised and increasingly inter-dependent markets of today are built on a fundamental premise: “Trade can make everyone better off”. This premise has been codified as Professor Gregory Mankiw’s ‘Fifth Principle of Economics’. The renowned economist while illustrating this principle emphasises on the nature of competition as not merely a consequence of trade but a factor that constantly nurtures trade. Fair Trade that makes everyone better off is, sine quo non of fair competition. Hence “Fair Competition for Greater Good” is the central philosophy of the Indian Competition Act, 2002. By vitalising this philosophy, the Indian State has taken upon itself the duty of enhancing the scope of the Constitutionally recognised Right provided in Article 19(1)(g). This includes the duty to both provide scope for fair competition by removing all obstacles that hinder it and to not impose restrictions that deter such competition. While the duty on the Indian State enhanced by the Competition Law is taking its baby steps of evolution, the duty of providing adequate healthcare has been enshrined in the Constitution for more than seven decades now. The Right to Health is an inherent part of the Fundamental Right of Right to Life and is a key to welfare. This right is both facilitated and marketed for profits by the healthcare and pharmaceutical industries. This paper analyses the role of the Indian State and the Healthcare and Pharmaceutical Industry in the betterment of the society. The plausibility of tweaking the applicability of Competition Law to not just benefit producers but also consumers is discussed herein, under the lens of Constitutional Law. The effect of imposing adequate regulations on the said industries in enabling them to share the State’s onus of providing right to health is discussed as policy suggestions.
Keywords: Competition, trade, healthcare, pharmaceutical, Constitution, consumer welfare, producer welfare.
by IJLMH | Nov 22, 2020
The Constitution of India secures the balance between economic and social justice. It bestows and protects the rights of all citizens of India, and simultaneously seeks growth and development of the Indian economy. Fair-trade practices and healthy competition warrants diversification of industries, generation of new opportunities, consumers triumph, efficient use of factors of production, traders’ opulence, and rise in national income. Conversely, cartelization contravenes the modus operandi set forth by various legislations. Cartels are a confederacy to knock out competition by administering unfair trade practices. The cartel-members, by market apportionment, cooperate to increase their profit without considering other cogent factors. It undermines the interests of consumers as well as of co-traders. Moreover, the poor suffer disproportionately from the ramifications of collusion in commerce.
Cartels are commonly evident where few business entities have dominant market shares in the industry, whereas it is untraceable in the informal sector. Cartels avoid disclosure of any information through agreement containing adamant terms. However, the Parliament has formulated various laws to promote and regulate competition in trade and commerce, such as the Competition Act, 2002. Competition law prohibits anti-competitive practices, including cartels. The Act of 2002 has established the Competition Commission of India and the Director-General as ombudsman to prosecute firms indulged in unlawful trade practices for hampering robust competition. Cartelization is the most egregious of offenses under competition law. The Commission has put meticulous efforts to investigate cartels and has imposed heavy monitory penalties to dissuade others. Besides, CCI sponsors research works for assessing competitiveness in different sectors of the Indian economy.
In the post-pandemic era, both authorities and companies shall reject superannuated conventions and adopt new ideologies. Multidisciplinary policies, sincere compliance, and effective enforcement practices would ameliorate the current situation and eliminate the propensity to form cartels.
Keywords: Cartelization, Competition, Constitution, Economy, Trade.
by IJLMH | Nov 22, 2020
Economic growth of a country is dependent on various factors such as the human capital, technology and natural resources. These resources are affected by the environmental factors and are often severely impacted by the uncontrollable forces of nature. Although, there have been several studies on the social impact of natural disasters, there is limited research on its correlation with economic growth. In this paper, the author has aims to highlight the impact of natural disasters on the economic growth trajectory of a country, with the help of secondary data available.
Keywords: Natural Disasters, Economic Growth, Short-term, Long-term.
