Month: November 2022

Understanding Law and Justice: Different Theories

The article ‘Understanding Law and Justice: Different Theories’ by Snehil Sharma is a thorough study of the concept of law and justice along with understanding their juxtaposition. The article will also explore the various theories involved in this concept in order to garner a better understanding of the subject matter.


The conceptual differences between ‘law’ and ‘justice’ are mostly misunderstood which creates anomalies in their meaning. While it is true that they are both similar in many ways, there continue to be certain distinguishing features between them. Therefore, it cannot be postulated that they are both ‘identical’ and the reason for the same shall be discussed at length in this article. So before delving into the intricacies of both concepts, it is important to first have clarity on the literal meanings behind ‘justice’ and ‘law’.

What is Justice?

The Latin word ‘jus’ which in the literal sense means ‘to bind’ led to the development of the term ‘justice’. Justice in its most literal sense postulates the principle that ‘people receive what they deserve’. The basic ideals behind justice are fairness, equality, and righteousness. For this reason, it can be said that justice as a concept is interdependent on ethics and morality. In order to serve justice, every country has laid down its own rules, regulations, and laws which are further implemented by the executive and adjudicated upon by the courts. So it can be said that courts have the ultimate onus of guaranteeing justice to the citizens of a country. The laws that are made with the perspective of serving ‘justice’ to the public at large, are generally structured upon notions of impartiality, equality, and honesty. Such a law is devoid of aspects such as differences in religion, beliefs, caste, and other grounds for discrimination. This is because justice dwells on the elimination of discriminatory practices and promotes equality among all.

The majority of the countries have personified justice to be a lady who is blindfolded and has a set of scales in her hand. She is called the ‘lady of justice’. The blindfold on her eyes is made to represent her impartiality and the fact that she will not be impacted by the views, opinions, or judgments of the world and will only practice what her scale indicates to her. She is, therefore, devoid of any stereotypical thinking or prejudices prevalent in society otherwise. In countries like the USA, the lady of justice is often also handed a sword which shows the court’s coercive power. This guarantees the court’s authority of punishing the lawbreakers.

Inter-relation b/w law and justice

In order to decode the interrelation between law and justice, it is important to highlight and understand both the similarities as well as the differences between the two concepts.

Similarities between Law and Justice

If the motive or the objective behind law and justice is understood, it can be said that both of them require the presence of fairness, righteousness, and equality along with the elimination of discriminatory practices from society. This can be considered to be the most common similarity between the two subjects. Law aims to conduct human behaviour in society and justice wants that all rights of individuals must be fulfilled and catered to. There should not be any miscarriage of justice and this is what the law aims to achieve.

Differences between Law and Justice

There are certain differences that make the two non-identical. For instance, laws are a set of rules that govern the actions of the citizens and justice merely regulates the exercise of the administration for providing fairness and equity to all citizens. While law defines the do’s and don’ts for society, justice is the aspiration of the judicial authorities which will guarantee greater satisfaction and righteousness in the country.

Different Theories

The following theories will help in understanding ‘justice’ with more clarity and depth:

i) Commutative and Distributive Justice

This distinction of justice was made by Thomas Aquinas. Commutative justice pertains to specific and precise exercises. They are generally applied where one person acts against the rights of another. For instance, if someone commits a theft, then their act is a violation of commutative justice. Distributive justice on the other hand refers to the ‘loose, vague and indeterminate’ justice where there does not exist any victim or criminal. Distributive justice strictly relates to the fulfillment of ‘positive liberties’. An example of this is a person dying due to a disease that is treatable otherwise. So here, there is a violation of distributive justice but no specific person can be held liable for infringing or causing the violation.

ii) Concept of Justice and Fairness

Here it is important to connote the meaning of justice in its broader sense as well as in its narrower sense. In the broader sense justice relates to the principles inherent in nature itself or principles stemming from god directly. This justice is understood to be higher in level than the understanding of justice as understood by society. So violation of any ‘universal rule of conduct is a violation of justice in the broader sense. In its narrow sense, justice can be understood to be ‘fairness’. This view makes justice more particular and specific to situations where it is demanded. The principles of justice and fairness, therefore, combine here and provide rules of ‘fair play’ for guaranteeing the resolution of issues of social justice.

iii) Capabilities Approach

This approach pertains to a human welfare approach where the actual freedom and capability of people to lead their lives is concentrated instead of the mere aspiration of being free and independent. This approach was given by Amartya Sen and Martha Nussbaum that were novel and different from the traditional approaches to economic welfare. The sole idea here is to focus on the tools that are used by people for living a life that is satisfactory to them.

iv) Restorative Justice

Restorative Justice helps in repairing harm by giving an opportunity to those who are harmed and those who are willing to take responsibility for causing that harm to sit and communicate for the purpose of resolving any dispute and addressing their needs in the aftermath of the crime thus caused. This theory of justice is based entirely on the principles of respect, compassion, and inclusivity. It also thereby provides an opportunity for repairing damaged relationships by healing and reintegration. Processes like conferences, dialogues, and circles are used in this method. This theory thereby focuses more on promoting safety and welfare through a more amicable approach.

v) Natural Justice

Natural justice is the legalese used in English law to refer to the prohibition of bias and the right to a fair trial. Although the phrase “natural justice” is frequently used as a general idea, the universal “obligation to act fairly” has largely taken its place and expanded upon it. When the welfare state was first established, the concept of natural justice was limited to judicial proceedings alone. As a result, it is now impossible for the law to specify the fair procedure that should be followed by each authority when resolving disputes or conducting quasi-judicial proceedings. As a result, courts have created a remedy by setting a standard that administrative officials must adhere to when using their authority and carrying out their duties. As law enforcers, administrative authorities are required to benefit the public, but this obligation cannot be met in the absence of competent oversight of the authority granted to them.

vi) Cognitive Justice

By allowing and enabling discourse between, frequently incommensurable, knowledge, cognitive justice supports the acknowledgment of alternative paradigms or alternative sciences and critiques the prevailing paradigm of modern science. By encouraging and enabling discourse between, frequently incommensurable, knowledge, cognitive justice encourages the acknowledgment of alternative paradigms or alternative sciences and critiques the prevailing paradigm of modern science.

These intellectual exchanges are thought to advance a more just, democratic, and sustainable world. The foundation of cognitive justice is the knowledge that there are many different types of knowledge and that this knowledge has the right to coexist in harmony free of any hegemonic framework of reliance. It was first used in 1997 by Indian researcher Shiv Visvanathan to challenge modern science’s unquestionable supremacy and suggest the search for alternative paradigms, particularly those drawn from indigenous forms of knowledge.


Law and justice are two concepts that are related but distinct. Justice and law are commonly considered synonymous, yet they actually pertain to two different concepts. In order to control how its residents live their lives and do their daily business, governments construct systems of laws, rules, principles, and norms. Laws are found in written codes and are upheld by the government and its departments, such as the police, judiciary, and security services. Justice, on the other hand, is a more ethereal idea based on fairness and equality of rights. All laws ought to be founded on the notion of justice, and they ought to be applied and enforced in a fair manner without regard to a person’s gender, age, race, colour, religion, or any other characteristic.


[1] Archita Sengupta, How is Law different from Justice?, Available Here

[2] James Oswald, Commutative and Distributive Justice, Available Here

[3] Michelle Maiese, Principles of Justice and Fairness, Available Here

[4] Restorative Justice, Available Here

[5] Laskit, Concept of Natural Justice, Available Here

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One-Day Workshop (Offline) on “Vulnerable Sections of India Impelling Towards Equality- A 75-Year Appraisal”

KES’ Shri. Jayantilal H. Patel Law College, Kandivli (West), Mumbai is inviting to an academician centric One-Day Workshop (Offline) on “Vulnerable Sections of India Impelling Towards Equality- A 75-Year Appraisal” Sponsored by Indian Council of Social Science Research (ICSSR), Western Regional Centre, Mumbai.

About the College

KES’ Shri. Jayantilal H. Patel Law College has been established by Kandivali Education Society which is well known for its work in the field of education. Being established in the year 2012, from its inception itself the college has been striving for excellence in the field of legal education. Our principal Dr. Shweta Wadhwani has been the source of inspiration for driving us all to achieve nothing but excellence. The college has the mission to be the premier law college in the state by achieving a high order of excellence in teaching and training and to empower students with knowledge & confidence, which in turn will enable them to develop as intellectually active, morally upright and socially responsible citizens.

The college ensures that the students get a pleasant and challenging environment equipped to face any challenges coming their way. The college offers LLB three year as well as five year course. The 2 year LLM program of the college is available in two specializations of business law and criminal law. The college conducts Post Graduate Diplomas in Cyber Law as well as Intellectual Property Rights. Multiple seminars, workshops and legal activities are organized by the college to ensure holistic education is provided to the students.

About the Workshop

Inclusivity is a broad term and brings under it’s umbrella a wide variety of topics. There is a need to touch upon these topics to ensure that our society and it’s laws are just. According to the Cambridge Dictionary ” Inclusivity” means the fact of including all types of people, things or ideas and treating them all fairly and equally

The question then arises that do the existing laws and proposed laws truly ensure an inclusive life for each individual. The workshop will throw light on key issues faced by different sections of society and answer the question whether the existing laws would suffice to ensure equality. The workshop will venture into whether the new laws created in favour of the LGBTQ+ community truly addresses the segregated sentiments experienced by the community. The workshop has also incorporated a sub- theme on the elderly in India. The Maintenance and Welfare of Parents and Senior Citizen Act, 2007 was introduced to ensure much needed protection is given to the elderly of the country. This law has been passed over a decade ago and therefore it is now an opportune time to study it’s role in safeguarding the elderly. The COVID- 19 pandemic restricted people to their homes and thus has resulted in increase of abuse of all kinds including elderly abuse. The workshop would like to investigate into the impact of the law, the challenges faced and policy changes essential to reduce elderly abuse.

The term inclusivity is most often associated with the treatment met out to the tribals and Dalits of India. The term Dalit literally means the oppressed class. Present in the Indian community for centuries their social status has been abhorrent for as many years. The Hathras gang rape case amongst several other incidents taking place all over the country hint at the presence of strong caste based ideologies as well as the lack of protection available to them. In light of varied incidents of violence taking place an appraisal of the present legislative scenario existing for them is necessary.

The workshop would also like to help create a better understanding in the role of the Protection of Children from Sexual Offences Act, 2012 (POCSO) in protecting children from sexual abuse. An increase in number of child sexual abuse cases has been reported by Indiaspend but only a limited number is at the stage of trial. Thus a number of cases are yet awaiting justice. The workshop aims at understanding challenges faced while pursuing justice under the POCSO Act. The plight of the Indian woman will also be discussed under one of the sub- themes. The increase of educated females has led to a parallel increase in the number of women working as professionals in society however despite of the presence of numerous laws, policies and guidelines a clear disparity is seen in the wages/ salaries paid to women. We through this workshop hope to bring in a subject experts for each of these topics as well as those mentioned above to get required insight into these varied themes.


Registration Form Link:

Registration Fee: Rs.500/-

Certificate will be provided.

Note: Kindly attach the screenshot of payment details in the given registration link.

Contact Details

Email: [email protected]


Instagram: @jplawcollege

Reported By: Ms. Eveta Fernandes

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Regulation of Donation of Organs in India and around World

The article, ‘Regulation of Donation of Organs in India and around World’ elucidates the nuances of organ transplantation and the rules, and regulations that govern them. The article will also enquire about the laws of different countries and the ethics involved in organ donation.


The process of organ transplantation entails taking organs from a donor and giving them to a patient who may be critically ill or near death from organ failure. The recipient of the organ’s life may be saved. By surgically replacing a patient’s faulty organ with a healthy one, organ donation can prolong a patient’s life by many years. People can give their organs when they pass away (dead donor) or while they are still living by giving a kidney or a portion of their liver (live donor). Sometimes the only treatment for long-term illnesses like leukemia or kidney failure is organ donation. One of the greatest achievements in contemporary medicine is organ transplantation.

Unfortunately, there are many more persons who need to donate their organs than there are donors. For instance, over 107,380 men, women, and children are in need of life-saving organ transplants in the United States, where 21 people perish each day while waiting for an organ. Everyone should think of themselves as possible donors. Based on their medical history and age, a person’s potential as a donor is assessed when they pass away. Medical eligibility for donation is determined by the organization that procures organs.

Since it is such a crucial subject matter, it is important to regulate these practices in view of restricting any unscrupulous or illegal practices in this domain. For this reason, different countries have set up different laws for the regulation and governance of organ donation.

The Laws Governing Organ Transplantation in India

Over 10 lakh individuals are waiting for corneal transplants, 50,000 are waiting for heart transplants, and 20,000 are in need of lung transplants in India, where the state of organ donation is deplorable. This is particularly regrettable given that an organ donor can, on average, save up to nine lives and provide 25 different organs to those in need. The transplant waiting lists in India are getting longer every day.

The Transplantation of Human Organs Act (THOA), 1994, which also legalizes the idea of “brain death,” the complete cessation of all brain activity, makes organ donation legal in India. While a person in brain dead cannot sustain life, the ICU is able to keep their important body functions going. These individuals are kept on artificial life support to keep their organs in good shape. This being the major legislation governing organ donation does not restrict each state from regulating the matter on its own terms under the aegis of provisions provided by this act.

Meaning to say, the subject of ‘health’ is governed separately by each state but regarding this matter, this Act forms the basis. Originally this Act was not very effective and cases of organ trafficking were detected which led to its amendment in 2011. The Act has established an Authorisation Committee and Appropriate Authority in every state and UT for the regulation of transplant activities. 13 types of forms are provided by the Act which lay down the procedures for various transplantations. Some of the rules of this Act govern aspects such as the removal of organs of a donor before his death after his consent for specific purposes mentioned in the Forms. So, all the major provisions of this Act cover the intricacies involved in organ donation.

The Laws Governing Organ Transplantation in Other Countries

Let us look at the laws for organ donation in other countries such as the U.S. and U.K. in order to understand their stance on this subject matter:


The Uniform Anatomical Gift Act (UAGA) is the main statute governing organ donation in the United States. The Uniform Agencies General Act (UAGA) is model legislation created by the uniform commissioners and then enacted state by state. The United States opt-in system for organ donation is established by the UAGA with gift law as its primary legal tenet.

The fact that a donation is made after someone has passed away means that there are no risks or advantages for the donor. Additionally, people typically give their consent for donation years or even decades before they pass away, thus it is impossible to predict what organs or tissues would be appropriate for donation at the moment of death. For these reasons, the legal framework of informed consent is inadequate for the control of organ donation. As an alternative, the UAGA’s legal foundation is provided by gift law.


The United Kingdom (England, Scotland, Wales, Northern Ireland) and the Crown dependencies of Jersey, Guernsey, and the Isle of Man all have separate legislation regarding organ donation. In England for instance, all adults are considered to have consented to organ donation when they die and the only exception is if they record an order stating their non-consent for donation. In Wales, ‘deemed consent’ is adopted where if a person has not registered his organ or tissue for donation, he has consented to donation.

Scotland practices ‘deemed authorization’ where if a person has not expressly provided his decision to be a donor or not, it will be assumed that he wants to be a donor. In this manner, the laws for organ donation in the U.K. are diverse and varied.

Ethics of Organ Sale

The country’s expanding middle class, lack of a universal health insurance program, widening wealth and income gaps, and, to some extent, the use of technology all contribute to the commodification of organs as a profitable business venture for some and a problem for others. Organ trade is a social issue in India, just as other issues like child labour and prostitution. It has to do with taking advantage of those living in poverty by luring them in with money rewards that, on occasion, can be significant and satisfy their short-term financial demands right away. Organ donation necessitates an intrusive medical procedure with both physical and psychological consequences, unlike other comparable exploitative social circumstances. Regulation of markets for human organs is one idea that has sparked legal and ethical discussion.

One well-known defence of this makes reference to the idea of human dignity. The selling of organs is said to violate human dignity. Making organs a commodity by caving to commercial pressures is risky, undermines social, moral, and ethical norms, and cannot be considered a viable solution to the issue of organ shortage in a civilized society.

WHO: Organ Transplantation

The World Health Organisation has, in a bid to further govern and regulate the concept of organ transplant and donation taken certain initiatives. Out of these initiatives are rules prescribed in ‘WHO Guiding Principles on Human Cell, Tissue, and Organ Transplantation’.

Over the past nearly two decades, these guiding principles had a significant impact on law, professional codes, and practices all over the world. The Sixty-third World Health Assembly issued resolution WHA63.22 on May 21, 2010, after several years of study, approving the revised WHO Guiding Principles and highlighting areas for improvement. The Guiding Principles are meant to offer a systematic, moral, and approving framework for the collection and transplantation of human cells, tissues, and organs for medical purposes. Each jurisdiction will choose how to put these WHO Guiding Principles into practice. The Guiding Principles place a strong emphasis on the need for documentation and openness, both for quality management and to support the trust that patients, doctors, and the general public have in donation and transplantation services.


A person’s life may be saved or completely changed through a transplant. More than ten people’s lives can be changed by a single organ and tissue donor. People who require an organ transplant are typically critically ill or near death as a result of one or more failing organs. They range in age from young children to the elderly. It is necessary for donors and their families to consent to organ and tissue donation after passing away. While organ donation is a nuanced subject matter which involves various intricacies and is embedded with issues that are of utmost importance, countries such as India have attempted to bring the same under a roof for better regulation and governance purposes.

India has enacted an umbrella legislation that covers almost all aspects of organ donation. But since the concept has a very large scope, there is no straight jacket formula that can be applied to every situation, and thus there is a need for constant evolution in this domain. Different countries have set up various laws in an attempt to ethically govern and continue the practice of organ donation in their jurisdictions. While the U.S. considers it to be a ‘gift’ the U.K. has a separate approach to the deemed consent and authorization in its different jurisdictions. All the approaches are distinct and efficient in their own way.


[1] Alexandra K. Glazier, Organ Donation and the Principles of Gift Law, Available Here

[2] Organ Donation and Transplantation, Available Here

[3] Legal and ethical aspects of organ donation and transplantation, Available Here

[4] Organ donation laws, Available Here

[5] Zumrut Alpinar Sencan, Holger Baumann & Nikola Biller-Andorno, does organ selling violate human dignity?, Available Here

Important Links

Law Library: Notes and Study Material for LLB, LLM, Judiciary, and Entrance Exams

Law Aspirants: Ultimate Test Prep Destination

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FICL Signs Memorandum of Understanding with the Singapore International Arbitration Centre (SIAC) on 26.11.2022

The Federation Of Indian Corporate Lawyers (FICL) is pleased to announce that it has entered into a Memorandum of Understanding (MOU) with the Singapore International Arbitration Centre (SIAC) to promote international arbitration as a preferred method for resolving international disputes.

Under the MOU, FICL and SIAC will jointly organise in-person, hybrid, and virtual conferences, seminars and workshops on international arbitration in India and Singapore, and will invite key members of their local arbitration community to attend and participate in major events organised by SIAC in India or by FICL in Singapore.

SIAC will conduct training programmes on international arbitration for FICL’s members; and providing marketing support for each other’s international arbitration-related events in India and Singapore.

The MOU was signed on 26 November 2022 by Dr. Ashok Sharma, Founder & CEO, FICL with Dr. SB Mitra Hon President, FICL and Ms Gloria Lim, Chief Executive Officer of SIAC at New Delhi, India.

Key persons from FICL and SIAC who attended the MOU signing ceremony.


  • DR SB Mitra, GAIL India
  • Dr Ashok Sharma FCIArb
  • Rohan Sharma FCIArb
  • Mahesh Sreenivasan, RITIES
  • Rajbeer Sachdeva, JK Organisation
  • Hemant Rajora, IGL
  • MM Sharma Formerly STC
  • Rajiv Chaubey, Dalmia Bharat
  • Deepak Kumar Barik, GAIL India
  • Mandeep Singh Chawla, DGH
  • Navtej Singh, GAIL India


  • Ms Gloria Lim, CEO SIAC
  • Shwetha Bidhuri, Head (South Asia), SIAC
  • Kevin Nash Registrar, SIAC
  • Pranav Budihal, SIAC
  • Rishabh Malaviya, SIAC

About FICL

“FICL (, is a not-for-profit company established in 2020 which has 1,600 + In-house corporate lawyers members. FICL has global connectivity in 17 countries, being a member of In-house Counsel Worldwide and Asia Pacific Corporate Counsel Alliance.

FICL vision & mission is to be the national voice for corporate lawyers in India and to foster an exchange of legal expertise amongst the Indian corporate legal community whilst promoting excellence in professional standards and providing developmental opportunities for In- house lawyers and legal professionals in India to enhance their professional skills.”

About SIAC

Since commencing operations in 1991 as an independent, not-for-profit organisation, SIAC has established a track record for providing best in class arbitration services to the global business community. SIAC arbitration awards have been enforced in many jurisdictions including Australia, China, Hong Kong SAR, India, Indonesia, Jordan, Thailand, UK, USA and Vietnam, amongst other New York Convention signatories. SIAC is a global arbitral institution providing cost-competitive and efficient case management services to parties worldwide.

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13th GIL National Moot Court Competition of 2023

GIL (Geeta Institute of Law) is organizing their 13th GIL National Moot Court Competition of 2023, scheduled to be held on February 25 – 26, 2023. About Geeta Institute of Law Geeta Institute of Law, is affiliated with Kurukshetra University and approved by the Bar Council of India and is imparting top class legal education since 2007. It offers courses of B.A.LL.B & B.B.A.L.L.B. (5 yrs. integrated course), LL.B. (3 yrs. course) and L.L.M (2 yrs. course). Eligibility …

GIL (Geeta Institute of Law) is organizing their 13th GIL National Moot Court Competition of 2023, scheduled to be held on February 25 – 26, 2023.

About Geeta Institute of Law

Geeta Institute of Law, is affiliated with Kurukshetra University and approved by the Bar Council of India and is imparting top class legal education since 2007. It offers courses of B.A.LL.B & B.B.A.L.L.B. (5 yrs. integrated course), LL.B. (3 yrs. course) and L.L.M (2 yrs. course).


The Competition is open for bonafide students pursuing 5 Year and 3 Years L L.B. Course or any similar course in a foreign university.


The language for the Competition shall be English only.

Team Composition

Each team shall consist of three members (two speakers and one researcher).

The researcher will only be allowed to argue instead of a speaker, with the prior permission of the Dean – Geeta Institute of Law.


Clarification to the Moot Proposition may be sought by sending an e-mail to [email protected] on or before 5th February 2023. Clarification sent after this date shall not be entertained.

The Oral rounds shall comprise of:

  • Preliminary Round (Two)
  • Quarter-Final Round
  • Semi-Final Round
  • Final Round

Registration Details

Registration Fee: Rs. 5000/-for each participating team consisting of 3 members. (With decent accommodation).

Registration Form –

Deadline for Registration

Deadline for Provisional Registration: January 15, 2023

Note: For provisional registration, an email stating the institution’s name, email id & concerned person’s phone number shall be sent to [email protected]

Deadline for Registration (Soft Copy) (Along with DD for Rs. 5000/-): January 25, 2022

Deadline for Registration (Hard Copy) (Along with DD for Rs. 5000/-): January 29, 2022


  • Winning Team: Cash Prize of INR 31000/- with trophy
  • Runner up Team Award: Cash Prize of INR 15000/- with trophy
  • Teams qualifying for Semi-finals: Each Team member shall be awarded with a trophy as a token of appreciation.
  • Best Memorial Award: INR 3100/- with trophy
  • Second Best Memorial Award: INR 2100/- with trophy
  • Best Mooter (Male) Award: INR 3100/- with trophy
  • Best Mooter (Female) Award: INR 3100/- with trophy
  • Best Researcher Award: INR 3100/- with trophy

All the Participants will get participation certificates post the Valedictory Ceremony.

Important Link

  • Moot Proposition
  • Registration Form

Moot Faculty Conveners:

Student Conveners:

  • Sunidhi: 8397088681
  • Chetna: 7404821734
  • Nidhi; 8809365742
  • Nischay: 9729419448
  • Vishesh: 9971035061

Click here for the official brochure for the moot competition.

Important Links

Law Library: Notes and Study Material for LLB, LLM, Judiciary, and Entrance Exams

Law Aspirants: Ultimate Test Prep Destination

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Laws related to Ambulances in India

The Article ‘Laws related to Ambulances in India’ is a thorough study of the legislative protection assigned to ambulances designed to protect lives. The author deals with the concept of the ambulance and certain provisions of the Motor Vehicles Act, which prescribes punishment for obstructing ambulances. The facilities provided by ambulance service are very helpful in reaching hospitals on time, especially when the patient’s situation becomes critical.

Introduction: AmbulanceLaws related to Ambulances

Whenever there is a medical emergency, we either take the patient to the hospital ourselves or rely on an ambulance. An ambulance is a vehicle that takes a patient to a medical healthcare facility or a hospital. When was the concept of ambulance introduced is a question which has many answers to it. Initially, the concept of an ambulance was not limited to a vehicle but also a human carrying the patient to the doctor, which was said to be an ambulance. An example can be an injured soldier being carried to military tents to get help from a medical professional. In the 19th Century, during the American Civil War, horse carriage was started to be used as Ambulances, then later, in 1912, horse-drawn ambulances were replaced by motor vehicles. In the 20th and 21st Centuries, emerging technologies were added in ambulances to facilitate patients’ survival through the transportation process.

National Injury Surveillance Trauma Registry and Capacity Building Centre (NISC)

Trauma Injuries are one of the major public health issues globally, there are more deaths associated with trauma than malaria, tuberculosis, and HIV/AIDS combined together per year. In India, road accidents are increasing at an alarming rate of three per cent annually. A road accident is reported every three minutes and a death every ten minutes which amounts to the death of nearly 137,000 persons, three million hospitalizations, and 11 million minor accidents.

This has made the researchers emphasize strengthening the trauma system, which includes gathering and analyzing trauma data. Thereby taking steps to reduce the number of trauma cases. So, to take a step towards this and also to provide a comprehensive trauma care centre in India. The Government formulated the National Trauma Policy in 2005. It covered the following areas:

  • Improving the healthcare system’s infrastructure in rural areas
  • Strengthening organizational aspects in English Trauma Systems
  • Trauma Education / Interest Generation
  • Rehabilitation
  • Evaluation and Research

To cater to the need for a data management system, which would generate only authentic info on mortality data and on-road accident injuries, also on Injury Surveillance and hospital care is given to the trauma victims post the trauma happened. The NISC and Training Centre was established to coordinate the activities of all designated Trauma Centres that were established under the Trauma Scheme.

The NISC registers all the trauma/injury cases that are reported in the Dr. RML Hospital, New Delhi. The data collected is available for research and analysis. It helps in the evaluation and prevention, and can be used further to enhance quality control and injury prevention activities/schemes planning future research.

Definition of Ambulances

National Ambulance Code was set up by the Ministry of Road Transport and Highways (department of road transport and highways), The Government of India.

Road Ambulance or Ambulance is a specially equipped and ergonomically designed vehicle for transportation / emergent treatment of sick or injured people and capable of providing out-of-hospital medical care during transit / when stationary, commensurate with its designated level of care when appropriately staffed.

Types of Road Ambulances

There are four types of road ambulances. They are designated as follows based on the level of care they can provide:

1. Type A Road Ambulance /Medical First Responder Road Ambulance: It is designed to provide immediately out-of-hospital medical care to patients when the situation is stationary. This ambulance is any CMVR-approved Category M or L vehicle suitable for the terrain to be used but this kind of ambulance will not have the capability to transport patients in a supine state or provide them medical care inside the vehicle.

2. Type B Road Ambulance/ Patient Transport Vehicle Road ambulance: It is designed and equipped for the transport of patients who are not emergency patients and also not expected to become emergency patients.

3. Type C Road Ambulance/ Basic Life Support Ambulance: It is a vehicle ergonomically designed, and it is suitably equipped and appropriately staffed for the transport and treatment of patients who require non-invasive airway management / basic monitoring.

4. Type D Road Ambulance: Advanced Life Support Ambulance: It is a vehicle ergonomically designed and suitably equipped, and it is appropriately staffed for the transport and treatment of emergency patients requiring invasive airway management / intensive monitoring.

Role of the Bureau of Indian Standards (BIS)

The Bureau of Indian Standards (BIS) is the National Standard Body of India. It is responsible for the harmonious development of the activities of standardization, conformity assessment, quality certification of goods, marking, and for connected or incidental matters for the development of the industry and to meet the needs of the consumers.

Through its core activities, BIS has been benefiting the national economy by making available safe, good quality, and reliable goods, which in turn has also helped in minimizing health hazards to good consumers and also resulted in protecting the environment. To help the economy boom it has been promoting exports and imports substitutes, and it also plays a vital role in controlling the proliferation of varieties, etc. Its system of standardization aids in various public policies in areas of product safety, food safety, consumer and environment protection, building and construction, etc.

Quite recently, BIS worked towards addressing various national policies/priorities & also other government initiatives for example the Swachh Bharat Abhiyan (2014), Make in India (2014), Digital India (2015), and ease of doing business through its standardization and also its certification. In standards development (a process involving many individuals, companies, and governments to understand the advancement of standards by the adoption of emerging technologies), BIS addresses issues like environment and energy conservation, climate change, safety, facilitation of trade, and conditions of health. BIS is also determined towards making the process of conformity assessment much simpler and faster. There is a certain statutory framework on which BIS works.

Statutory Framework

The BIS is now governed by the Bureau of Indian Standards Act, 2016, which has been implemented since 12 October 2017. Some major highlights of the Act are:

  • The Act categorized BIS as the National Standards Body.
  • The Act allows multiple conformity assessment schemes that are in line with global practices.
  • The Act enables the government to authorize any agency apart from BIS to certify and enforce conformity to a standard.
  • The Act enables the government to include products under mandatory certification on the grounds of health, safety, national security, environment, and prevention of deceptive practices.
  • The Act enables the government to bring the Hallmarking of precious metal articles under mandatory certification.
  • The Act provides consumer protection measures for example the ban of non-conforming standard marked products, needed compensation to the consumer, and also more stringent penal provisions to give them a lesson.

The BIS runs on an organizational network to obtain its goals and objectives speedily and effectively, which is as follows:

BIS is Headquartered in New Delhi. In total it has 5 Regional Offices (ROs) located at Kolkata (Eastern India), Chennai (Southern India), Mumbai (Western India), Chandigarh (Northern India), and Delhi (Central India). Under the ROs there are the Branch Offices (BOs). In total there are thirty-three Branch Offices which are located at 28 different locations namely Ahmedabad, Bengaluru, Bhubaneswar, Bhopal, Chandigarh, Chennai, Coimbatore, Dehradun, Delhi, Durgapur, Faridabad, Ghaziabad, Guwahati, Hyderabad, Jaipur, Jammu, Jamshedpur, Kochi, Kolkata, Lucknow, Mumbai, Nagpur, Parwanoo, Patna, Pune, Raipur, Rajkot, and Vishakhapatnam. The Branch Offices serve as an effective link between State Governments, technical institutions, industries, consumers, etc., of that particular region in which the BO is situated.

To make the work of the BIS systematic, its activities are categorized under the following heads:

  1. Standards formulation
  2. International activities
  3. Product Certification
  4. Hallmarking
  5. Laboratory services
  6. Training services – National Institute of Training for Standardisation
  7. Consumer Affairs and Publicity

Conspicuity Code of the Ambulance

The Ambulance Conspicuity Code (Recognition) is given in Annexure 1 of the Ambulance Code. It has been split into six sections:

1. Colour: The basic colour of the van should be brilliant white, RAL code 9010. It should also sustain daily cleaning and washing and should be weather-resistant.

2. Conspicuity Improving Items (C2I): This includes all marking, striping, and symbols, and they should be brilliant red colour, RAL Code 3024. The Conspicuity items include:

  • chevron patterns – red/silver and red/yellow,
  • Battenburg patterns,
  • “AMBULANCE” markings,
  • the Star of Life,
  • emergency number symbol.
  • All “AMBULANCE” markings must follow a 7:1 ratio (length to height)

3. Emblems: Emblems are government/ private / operator signs, corporate identities (XXX) & any other sign, symbol, ambulance calling number marking, or striping that is not referred to in “Conspicuity Improving Items” section. Their size cannot be bigger than 60% of the word “AMBULANCE” marking.

4. Warning Lights: Type A and B Road Ambulances should have flashers fitted at appropriate locations as per the vehicle type. Type C and D Road Ambulances should have warning lights.

5. Sirens: The sirens on all ambulances shall be mounted on the front side of the vehicle. The sirens should be in accordance with IS 1884.

6. Recognition of personnel: Safety garments for ambulance personnel should conform to at least ISO 14116:2008.

Registration of Ambulances

Chapter IV of the Motor Vehicles, Act, of 1988, talks about the registration of vehicles, it states that no person shall drive a vehicle that is unregistered with the state registering authority in whose jurisdiction the place of residence or owner is. Section 53 states the grounds for suspension of registration such as its use in a public place would constitute a danger to the public, or that it fails to comply with the requirements of this Act or of the rules, or used for hire or reward without a valid permit for being used as such.

Different states have their own requirements for ambulance regulations. The Regional Transport Office shall have the details regarding the registration of ambulances in their area.

Punishment for those who obstruct ambulances

The 2019 amendment of the Motor Vehicles Act, of 1988 brought in the provision for punishment for obstructing emergency vehicles, so under section 194E, causing obstruction to an ambulance is punishable with imprisonment for six months and a fine up to 10 thousand rupees.


Nothing can be more important than saving the lives of people. So, the initiative for the transportation of patients since earlier times with the help of ambulances is a boon to the common people. We should not be in rush, in fact, allow ambulances to pass at first.


[1] History of Ambulance Services, Available Here

[2] History of Ambulance Services, Available Here

[3] National Ambulance Code, Available Here

[4] Bureau of Indian Standards, Available Here

[5] Laws Related to Ambulances in India, Available Here

[6] The Motor Vehicles Act, 1988, Available Here

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2nd CNLU Cyber National Moot Court Competition 2023 (Hybrid Mode)

Chanakya National Law University (CNLU) is organising 2nd CNLU Cyber National Moot Court Competition (Hybrid Mode). The Moot Court Competition shall take place in a hybrid format in the month of January 2023.

About CNLU

Chanakya National Law University (CNLU) was established by the Bihar Act No. 24 of 2006 under the patronage of the Government of Bihar. The University is accredited by NAAC and is recognized by the University Grants Commission (UGC), and is registered with the Bar Council of India (BCI).

About the 2nd Chanakya Cyber National Moot Court Competition

The objective of this moot is to stir up research on issues in cyber law. The computer-generated world of the internet, known as cyberspace, has propelled the need for vibrant and efficient regulatory mechanisms to strengthen the legal infrastructure further. Young lawyers excelling in the domain of cyber law will lead to the opening up of better business prospects and benefit those in the industry. MCC CNLU ensures that the students are provided with as realistic an impression of Cyber Law as possible. The Moot Court Competition shall take place in a hybrid format in the month of January 2023.


The moot is open to all the students currently enrolled in LLB undergraduate degree courses. There is no limit to the number of teams participating from one University i.e. more than one team can enrol from one University.

Registration Details

  • Kindly complete all the registration formalities stated in the Official Rules of the moot on or before 20th December 2022.
  • The registration link is here.
  • In order to confirm registration, please confirm at [email protected] with nominal fees payment of INR 3000/- in the following bank account:
    • Beneficiary Name: Chanakya National Law University
    • Name of the Bank: State Bank of India
    • Address of Bank: CNLU Branch, Mithapur, Patna
    • Bank Account Number: 34992255957
    • IFSC Code: SBIN0015996


  1. Winners: Cash Prize of INR 32,000/-, and a trophy.
  2. Runners-up: Cash prize of INR 22,000/-, and a trophy.
  3. Best Speaker: Cash prize of INR 8,000/-, and a trophy.
  4. Best Memorial: 10,000
  5. Best Researcher: Cash prize of INR 5,000/-, and a trophy.

List of Important Dates

S. No.





Commencement of Registration



Release of Moot Proposition



Last date for seeking clarification



Last date of submission of the Registration Form



Release of Clarifications



Last date of submission of Soft Copy of Memorials



Declaration of Selected Memorials



Inaugural Ceremony



Preliminary Rounds



Quarter Rounds



Semi-Final Rounds; Final Rounds and Valedictory Ceremony

Contact Information

  • For further clarifications or queries, you may contact the undersigned Organizing Committee members or write at [email protected]
  • Ms. Antra Azaad: 7070284720
  • Ms. Tripti Sharan: 6200531676


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Know all about Indian Metro System

The article ‘Know all about Indian Metro System‘ by Snehil Sharma delves into the intricacies of the metro rail system in India while understanding its importance and benefits. It will also study the impact of metro rail on Delhi and Kolkata, being metropolitan cities with humongous populations.

Introduction: Metro Rail in India

India started the metro rail system rather very late in comparison to the first recommendation made for it back in the year 1919 by W.E. Crum in the Imperial Legislative Council situated at Shimla. This recommendation discussed the need to establish a metro rail system in Kolkata. This recommendation materialized much later in the year 1984 while the MTP (Metropolitan Transport Project) was considering alternate measures for reducing the traffic problems in Kolkata. Post-1984 in Kolkata, the next metro rail system was set up in India’s capital Delhi in the year 2002. This was followed by Bangalore in 2011, and Gurgaon in 2013. The growth and development of these projects for metros were very slow.

There has been a steady growth in the importance of metro rail systems which has often received questions regarding reasons and explanations for a $2000 income per capita country requiring metro transit. Metro rail systems for this reason are also often stapled to be ‘unnecessary’ as they shift the focus from the requirement of fixing walkability issues and the road improvement projects.

However, the metro rail system is not a novel concept and has remained in the picture for a long time, globally. They are also referred to as ‘urban mass rapid transit’ systems that assist in solving transportation and traffic issues. Many countries adopted this even when their income was lesser than India’s in today’s date.

Brief Global History of Metro systems

Let us begin this discussion by understanding the reason behind this system called the ‘metro’ system. The reason behind this is that this transportation system becomes very useful in places with humongous amounts of populations, which are found in metro cities. This system became important to the extent that back in the year 2017, almost 56 countries and their 178 cities had already adopted it. The distance that is maintained between metro stations is often kept at 1.5 km to increase efficiency and decrease travel time for closer places. Most countries have also adopted the ‘underground’ metro system in order to assist in the smooth functioning of the metro system. About 65% of all the metro stations in the world are underground metro stations.

Metro rail projects have always been very expensive and this has also been the reason behind their slow and steady success all over the countries. During First World War, the construction work of the metro was halted due to the damage suffered in different areas. During World War-II as well, there was a similar scenario where places such as Berlin underwent heavy losses to the metro rail system due to the bombings. Even Paris had to stop the metro expansions that it had planned for the year when World War – II started gaining traction.

In China too, the metro establishment and expansions in Beijing were halted for about 11 years from the 1950s to 1961. In New York, the issue has been rather different where an increase in crimes and vandalism caused a major need for maintenance which has henceforth been pending since the 1970s.

Impact on Urbanisation

Metro rail systems have highly impacted urbanization and the same can be understood as explained below:

Increase in Population Density near the metro lines

The reduction in commuting costs makes metro rails more efficient. It has made travel more convenient and thereby improved accessibility. Buyers want to move to places closer to the metro stations to make use of the metro rail facility.

Better ‘standards of living’

This has been achieved by establishing the metro rail system as a ‘catalyst’ for the promotion and adherence to sustainable development. Metros have increased the standard of living as the same is a new, modern adaptation of a futuristic travel modality based on making use of new technological advancements.

Establishment of ‘sub-urban clusters’

This has been achieved by a massive increase in real estate prices for properties along the metro rail and in its close proximity. The prices of properties are inversely related to the distance to the metro station. The ease of facility provided by the metro has enhanced reach and connectivity.

Key Benefits of Using Metro

Some of the benefits of using the metro are mentioned below:

  • Eco-friendly way of travel leads to lesser carbon emissions otherwise generated by cars and other vehicles. Greenhous gases are not emitted.
  • The time taken for travelling long distances can be decreased considerably and the time wastage in traffic jams can also be effectively avoided.
  • Metro rails consist of very large capacities which facilitate them in being high-capacity passenger carriers. They also occupy less ground space in comparison to other travel systems.
  • They are very cost-effective as the money charged is lesser when compared with other alternate options of traveling by road.
  • They are convenient as no driving or understanding of routes by road is required. People only need to know the closest metro station to their destination.

Factors that make the metro imperative

The following factors have made the metro very important:

  • There is less space for constructing other transportation modes as the roads are narrow and there are buildings and complexes which take up maximum space.
  • Traffic congestion is witnessed due to large number of vehicles in small areas.
  • In peak hours, traffic increases considerably which leads to PHPDT (Peak Hour Peak Direction Traffic).
  • Greater demand for metro due to cost effectiveness benefit to the passengers.
  • The number of passengers remains very high on movement routes.

Metro in India: Spotlight Kolkata

India’s first rapid transit system was the Kolkata Metro. In the 1920s, plans for it were first made. The government came up with the concept of constructing an underground railway for Kolkata. But the metro building didn’t begin until the 1970s. Between Bhawanipore (now known as Netaji Bhawan) and Esplanade, the north-south corridor’s first elevated section opened in 1984. Later, it was expanded from Dum Dum to Tollygunge and then on to Noapara in the north and New Garia (called Kavi Subhash) in the south.

One of the world’s most populous cities, Kolkata is one of the largest with 1750 sq km and about 15 million people. The economic, commercial, and financial centre of eastern and northeastern India is Kolkata. Compared to other comparable metro cities in India, where roads make up more than 20% of the total area, the city has only 6% of them. The metropolis is bursting at the seams with an anticipated 1.6 million vehicles and 23.50 million transit journeys daily in 2011. There is extremely little room to expand the city’s road network since, in 2025, there will be 3 million more vehicles on the road and 32 million more daily transit trips.

Metro in India: Spotlight Delhi

Without any doubt, India’s most effective transit system is the Delhi Metro, with a 351-kilometer operational network sub-urban rail network linking communities at the region’s many ends (NCR). With an annual traffic volume of, as of 2017, Delhi Metro was the seventh-busiest Metro in the world with a 1.79 billion passenger volume. The Delhi metro network is anticipated to grow to 470 kilometers in the following seven to five years. According to projections, the average capital cost will rise from Rs. 200 crores per km in phase 4 to Rs. 403 crores per kilometer for phases 1, 2, and 3, respectively. In the future, the system may 6 million people per day are anticipated, making it larger than the London Underground.

The Delhi Metro began running in 2002 and is regarded as a commercial and technological success

The metro system’s first day of operation saw around 1.2 million passengers use it, which is six times the system’s intended capacity because it was so enthusiastically received upon its opening. Modern, air-conditioned trains, contactless tokens in place of paper tickets on buses, escalators at stations, spotless platforms, and a practical passenger information system all made daily commuters’ lives much easier. In just 18 years, it expanded to a length of more than 350 km.

Overview of the Metro Railways (Operation and Maintenance) Act, 2002

The Metro Railway (Operations and Maintenance) Act, 2002, formerly known as the Delhi Metro Railway (Operation and Maintenance) Act, 2002, is a law passed by the Indian Parliament that regulates the operation of metro rail systems in India. On October 29, 2002, an Ordinance that would later become the law was initially published. Only the National Capital Territory of Delhi was covered by the Act when it was first passed in 2002. In 2009, it was changed to allow the Central Government, in conjunction with the relevant State Government, to expand the Act to any metropolitan city or area. The Centre is expressly forbidden by the amendment from extending the Act to the metropolitan area of Kolkata, nevertheless.

The Metro Railway Administrator (MRA) has been given four major powers by the Act:

  1. To purchase, keep, and sell any type of property it has, whether movable or immovable;
  2. To develop or change any property or asset it owns.
  3. To execute any lease or issue any licence in relation to the property controlled by it,
  4. To develop any Metro railway land for commercial use.


India plans to increase the length of its metro rail network by about 2,000 km over the next seven years in an effort to provide more practical, environment-friendly transportation and boost urban residents’ quality of life. Metro projects have been financed in large part by debt from multilateral international financial agencies and central and state government investments totaling 40 to 50 percent of the total cost. Although it has been attempted in these initiatives, private engagement hasn’t been very effective thus far. The metro systems in Kolkata and Delhi, which have been operating successfully for nearly 20 years, have taught us important lessons on how to expand metro systems across 51 other cities.

India, the second-most populous nation in the world, must make sure that its metro rail systems are completed, put into place, and sustained throughout numerous cities. Millions of Indians’ productivity would increase as a result, thus advancing India.


[1] Ashish Chandorkar, A Comprehensive Report on Metro Rail Systems in India, Available Here

[2] Delhi Metro Rail Corporation, Available Here

[3] Advantages of Metro Rail, Available Here

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The Intersection of CISG and Arbitration Agreements: A Holistic Understanding

This article ‘the intersection of CISG and Arbitration Agreements: a holistic understanding’ by Raj Pipara & Yashashwani Parashar analyzes both the Domestic Arbitration and International Commercial Arbitration processes in India and attempts to identify both the problems and solutions that the parties face. Additionally, the article attempts to devise a machine capable of resolving disputes in a different manner than traditional methods. In the history of civilization, arbitration has served as a mechanism for resolving disputes.

Arbitration is an enforceable method of settling disputes between parties by means of mutual consent or third-party mediation. Under Roman law and Greece’s sixth-century civilization, it was a common practice. The attitude towards arbitration in England was rather hostile earlier, but business imperatives led to change over time, turning England into a more favourable location for commercial arbitration. Until the medieval period, ancient India offered a wide range of mediation/arbitration practices.

International Commercial Arbitration has also gained special importance in India as trade barriers have been removed and trade has become more open. The key point is that “ADR is becoming more viable by creating its own national institutions, gaining experience, and improving its theoretical and practical development, while simultaneously simplifying cross-border disputes.”


International Commercial Arbitration, as defined under Section 2(1)(f) of the Indian Arbitration and Conciliation Act, 1996, is any arbitration in which disputes arise from the existence of a legal relationship, whether contractual or not, that has to be considered commercial, either among foreigners or among companies, associations or bodies of individuals with foreign management or control. By holding that ‘Commercial’ should be construed broadly, the Supreme Court defined the scope of “Commercial” relationships. Today, it includes the manifold activities that are integral to international trade.

As a general principle, International Commercial Arbitration refers to the resolution of conflicts arising under international contracts. Such Arbitration can be either institution-based or ad-hoc, depending on the terms of the parties’ agreement. In institutional arbitrations, parties decide to appoint an arbitral institution for the purpose of resolving their disputes. An “ad-hoc arbitration” refers typically to arbitration where the parties decide independently how many arbitrators to appoint, which forum to use, how the proceedings will be conducted, and many other aspects of the arbitration.

After independence, India ratified the New York Convention on 13th July 1960, which in turn led to the passage of the Foreign Awards (Recognition and Enforcement) Act, of 1961, which provided recognition of Arbitral Awards rendered abroad. The 1961 Act marked the start of International Commercial Arbitration, which eventually resulted in all arbitral awards outside of India’s territory being recognized.

According to Section 4 of the law mentioned above, foreign awards would be enforceable in India as if they were Indian awards. Additionally, the Act set out requirements for “staying arbitration proceedings where matters were agreed to be arbitrated”; “filing of awards in court”; “judgments rendered on awards”; “circumstances under which a Foreign Award cannot be enforced” and “the evidence necessary to enable enforcement of an award. ” It was necessary to follow a unified code of conduct in order to enforce any foreign award under International Arbitration.

Therefore, the United Nations facilitated international arbitration for the very first time under both the New York Convention and the Geneva Convention. In an effort to provide uniformity to the law of arbitration procedure, the United Nations Commission for International Trade Law adopted the UNCITRAL Model Law. As a result, several countries, including India, have passed laws on arbitration during the process of adopting the Model Law.

An increase in international trade and investment is accompanied by growth in cross-border commercial disputes. International arbitration has emerged as the preferred method of resolving such disputes, given the importance of an efficient dispute resolution program. The international community is closely monitoring the development of the Indian Arbitration Regime due to some controversial decisions made by the Indian judiciary in recent decades, more specifically when foreign parties are involved. Thus, if the Indian Arbitration Regime is to evolve with the times, it needs to be subject to measures designed to ensure that it does so. International trade and commerce are accompanied by financial transactions that vitally contribute to the expansion of the global market, the exchange of goods and services across countries is a rigorous process.

Within this process of economic expansion, there come transactional and operational disputes during the course or subsequent of it. In order to protect the business interest, investors and traders need to deploy a wide range of policies, legalities, and governmental relations. However, diplomatic considerations require patience to create a balance where the interest of private stakeholders lies at stake. Thereon, parties seek to resolve the dilemma through local remedies as a better option prior to formal proceedings via international dispute settlement or any other method which might challenge the sovereignty of a county. Genuine disputes arise from the interpretation of contractual terms, and their legal implementation and decide the rights and obligations of the parties. Major areas of difference can include mismanagement, failure to pay consideration, and other extraneous factors making contractual performance impossible.

Globalization is the realization of disputes in cross-border transactions, caused due to varying laws governing commercial contracts. Uniformity can rein the recalcitrant trend of sales of goods and services, emphasizing that uniformity of law is necessary for uniformity of trade and maintaining international standards. The parties to a contract feel to put their rights and interests on equal footing and may choose to put CISG as the applicable law to arbitral agreements. Generally, an international sales contract requires to be accompanied by a specific regulation and arbitration clause. Hence, to remove regulation barriers, the applicability of CISG in an arbitral agreement can access the parties to maintain the standard of regulation.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) of 1980 was one of the products of a series of texts accompanied by the United Nations Commission on International Trade Law (UNICITRAL), Hague Conference on Private International Law (HCCH) and the International Institute for Unification of Private law (UNIDROIT). CISG has been signed by 94 states, aggregating the objective to uphold international trade and overcome trade barriers. CISG provides guidelines for the formation of contracts in the purview of international sales of goods. The applicability approach provides neutrality towards the regulation of such contracts and prefers to avoid the necessity of domestic laws on predominant issues.

Applicability of CISG may be effective in two ways i.e., automatic application on member states as per Article 1(1)(a) of the convention and by rules of private international law under Article 1(1)(b) of the same. In the possibility that neither of the parties is a member of the convention, the parties to an international sales contract may apply CISG to their matter of dispute through an agreement. It is seen through statistics and recorded samples that the choice of substantive law in international commercial contracts is a rare practice. Where the parties agree to insert the clause in the arbitral agreement to solve disputes with the enforceability of CISG, the decision on such basis becomes binding on parties referred by the tribunal as an express approach.

In some cases, the application of CISG at the discretion of the court contingent on the circumstances has also been impliedly practiced. The parties have autonomy, freedom, and discretionary power to consider the application of the law under Article 6 of CISG i.e. They have the choice to consider the application of CISG or appropriate any other substantive private law.

However, the application of CISG as law turns the procedural fluency of the tribunal to be simple as compared to the complexities faced in cases where the substantive law of the contracting state applies. Sometimes pragmatic application of CISG indirectly illuminates the procedure of dispute resolution either by combined procedure or by parallel procedure. Since the nature of arbitration and CISG is often similar, they both are combined for effective outcomes in the purview of its objective of maintaining the “International Standard Interpretation Trend” in good faith. On the other hand, in cases where the path of CISG and arbitration lies entirely different, another competent law is applied to solve the arbitral dispute.

However, the rigidity of the procedure is not maintained if any competent forum can refer to the provisions of CISG and fill the gap of legislation through the assistance of the convention. This may be known as a gap-filling procedure, i.e., Article 7(2) of the CISG. Hence, attributes of CISG in the context of international commercial arbitration are not restricted to the optimism of uniformity but also provide a chance for enhancement of international standards of interpretation, autonomy to prefer substantive law, and flexibility to refer CISG expressly or impliedly.

It is unclear how a new binding instrument will interact with the CISG in the event of a proposal for a new Convention. If the CISG is revised, we may end up jeopardizing the results we have obtained through 85 years of work in developing and implementing that instrument. The global revision and expansion of the CISG could halt its wide adoption and, along with it, the process of unifying sales laws the world over.

India’s Stand

CISG-ratified countries usually have one set of laws that regulate domestic sales within their borders, and another set of laws that deal with international sales. International sales are governed by the CISG through the incorporation of CISG in their legislation. India would only be entitled to apply the CISG to its domestic laws governing international sales if it ratifies and subsequently adopts it.

Apart from causing immense harm and suffering, the pandemic has widened avenues for foreign investment and trade in India and will continue to do so. Hence, CISG ratification is probably in India’s long-term interest due to the ease of trade and the widespread acceptance of the CISG. Both legal and trade advantages would accrue to India through this development.

The right of compensation under the CISG is best suited to the modern-day international trade environment, which I believe is one of the most significant advantages of the CISG. Unlike the Indian Sale of Goods Act that was enacted in 1930, this Act does not restrict the sale of goods in India. Damages can be sought as a consequence of either an ordinary breach or an ordinary breach that results in avoidance of the contract, depending on the facts and circumstances. Furthermore, an avoidance claim based on a fundamental breach of contract does not preclude an action for damages based on that very same breach. Therefore, a party can recover damages for the loss resulting from the breach by the breaching party as well as restitution for rightful avoidance of the contract.


When one wishes to analyze the relationship between international arbitration and the CISG in depth, it is unquestionable to conclude that these two institutions are replete with harmonizing moments. It is estimated that the CISG is used often in arbitration because they share the same, or at least very similar, fundamental values. The CISG can be applied without a choice of law by the contracting parties in the absence of a choice of law in almost all cases. In addition, both methods of application examined above do not present major problems in the interaction between CISG and international arbitration. Nonetheless, the relationship between the two global players isn’t completely without problems since, as we’ve seen, there are several factors that hinder the relationship.

In cases where the parties have not chosen a law, for instance, the indirect method of application of the law, the distinction between domestic and international law, and the issue of specific performance are examples of disharmonies, but they can be avoided for the most part by applying the proposed solutions. Furthermore, the possibility that national and arbitral courts might adopt divergent interpretations and gap-filling is also something to be observed. The CISG and international arbitration, regardless of these problems, appear to be a couple in love, but it is sometimes inhibited by certain obstacles, just as relationships often do.  


[1] Interim Relief in Aid of International Commercial Arbitration, Available Here

[2] International Commercial Arbitration, Available Here

[3] The Arbitration and Conciliation Act, 1996, Available Here

[4] Supreme Court of India delivers landmark arbitration decision in Bharat Aluminium, overruling Bhatia International, Available Here

[5] Dispute settlement activity, Available Here

[6] The Applicable Law in International Commercial Arbitration, Available Here

[7] Recognition and Enforcement of Foreign Arbitral Award in India, Available Here

[8] Choice of Law in International Commercial Arbitration, Available Here

[9] The Balco Rationale — A Shift to the Territoriality Principle in International Commercial Arbitration, Available Here

[10] India as Hub of International Commercial Arbitration, Available Here

[11] Not a High Court, But High Cost? – A Discourse on High Cost in International Commercial Arbitration, Available Here

[12] Claiming Sovereign Defamation Under CISG and Uncitral in International Commercial Arbitration, Available Here

[13] India and Interim Measures in International Commercial Arbitration: Impressions from Bitter Experience, Available Here

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Celebrating the spirit of Constitution

The article ‘Constitution Day (संविधान दिवस): Celebrating the spirit of Constitution’ will shed light upon the importance of celebrating Constitution Day, and its reason. It will also enumerate some important facts about the Indian Constitution.


National Law Day is celebrated on 26th November. It is also known as Constitution Day or Samvidhan Divas. It is called so because, on this day in the year 1949, our Indian Constitution was formally enacted by the constituent assembly of India. This marks an important day and the remarkable point is that the Indian Constitution is the longest-written constitution in the world, which was finally formulated after 2 years, 11 months, and 18 days of hard work by 389 member committee (later reduced to 299 after partition between India and Pakistan). During this period, the assembly held eleven sessions concluding a total of 165 days. Wherein, 114 days were spent on the consideration of the Draft Constitution.

National Law Day is not a public holiday, though the government departments like the ministry of law and justice, and members of the legal fraternity like bar associations celebrate it through events and activities. The schools of the country are also engaged in organizing activities and events like quizzes, essay writing competitions, and preamble recitations for the celebration of National Law Day. Law societies, journals, and educational and awareness platforms also play a key role in conducting various competitions both online and offline, on topics that revolve around the Constitution of India. Law Universities across the country, arrange mock parliamentary debates, and essay writing competitions on the constitution and thoughts of Dr. Bhim Rao Ambedkar.

History of National Law Day

The Government of India Act, of 1935 was the Country’s fundamental governing document and that was followed before the implementation of our Indian Constitution.

National Law Day wasn’t celebrated until thirty years of the enactment of the Indian constitution. It was celebrated after the Supreme Court Bar Association declared 26th November as National Law Day. This day is a tribute to all the members who dedicatedly contributed towards the formation of the Constitution, the eminent member being Dr. B.R. Ambedkar, who was the chairman of the drafting committee and also considered the chief architect and Father of the Constitution of India. He studied the Constitution of more than sixty countries for drafting this Constitution.

The Indian Constitution is made by taking different parts and amending them to India’s concerns and conditions from the Constitution of the following countries:

  1. From Australia, we developed the Concurrent list, the concept, and the Article of Freedom of trade, commerce, and intercourse, and also the Joint-sitting of the two Houses of Parliament
  2. From Canada, we developed the concept of a Federation with a strong Centre and Vesting of residuary powers in the Centre, we also derived the procedure of appointment of state governors by the Centre and the concept of Advisory jurisdiction of the Supreme Court.
  3. From Ireland, we developed directive principles of State Policy (DPSPs), the nomination of members to the Rajya Sabha, and the method of election of the president
  4. From Japan, we developed the concept of procedure established by law.
  5. From the Soviet Union (USSR) (now Russia), we developed our Fundamental duties, the Ideals of justice (social, economic, and political) in the Preamble of the Indian Constitution
  6. From the UK we derived the Parliamentary form of government, the concept of the Rule of Law, the Legislative procedure, the concept of Single Citizenship, the idea of the Cabinet system, the Prerogative writs, the concept of Parliamentary privileges, and, Bicameralism.
  7. From the US Consitution, we developed Fundamental rights, the concept of Independence of the judiciary, Judicial review, the idea, and process of impeachment of the president, the concept of removal of Supreme Court and High Court judges through the parliamentary voting procedure, and the Post of vice-president.
  8. From Germany (Weimar) we developed the concept of Suspension of Fundamental Rights during an emergency may it be national, financial, or state.
  9. From South Africa, we developed the procedure for amendment in the Indian Constitution, the election of members of the Rajya Sabha
  10. From France, we developed the idea of a Republic, Ideals of liberty, equality, and fraternity in the Preamble, which declares India as a sovereign, secular, socialist, and democratic republic. After all this, the Constitution assures equality, liberty, and justice for citizens.

The Preamble lays down the Pillars of the whole Constitution, it reads as follows:

“We, the people of India, having solemnly resolved to constitute India into a sovereign, socialist, secular, democratic, republic, and to secure to all its citizens:

Justice, social, economic, and political; liberty of thought, expression, belief, faith, and worship; equality of status and opportunity, and to promote among them all — fraternity assuring the dignity of the individual and the unity and integrity of the Nation; In our Constituent Assembly this twenty-sixth day of November 1949, do hereby adopt, enact and give to ourselves this constitution.”

Objectives of National Law Day

The objectives of National Law Day are as follows:

  • To recognize the important principles which formed the basis of the Constitution.
  • To emphasize, highlight, and underline the cause of Law and its fundamental role in society.
  • To rededicate ourselves to its noble ideals and sublime purposes.
  • To create a linkage between Law and Justice and also to reflect and ponder inter alia on the problems and concerns of legislation, law reform, legal education, and administration of justice
  • On this day we concern ourselves more purposefully with the quintessence of Law, the mission of Law, its goals and modalities, along with its efficacy and adequacy in the social context.
  • To review the state of law and administration of justice,
  • To suggest ways and means of improving laws and legal and judicial systems,
  • To establish better and more meaningful equations between the Bench and the Bar,
  • To strengthen the principle of the independence of the judiciary and the freedom of the legal profession,
  • To make the legal system an effective instrument of public service.
  • To maintain, reinforce and augment public confidence in the legal and judicial system.
  • To create public opinion on issues of importance relating to law and judicial administration.
  • To focus the attention on what ought to be priority items on the Law Agenda of the nation.
  • To appraise the legal profession and its problems.

Law in integration with Constitution

This means that the laws that are being applied in society shall be in consonance with the principles and objectives of the constitution. National Law Day reminds us of the fact that whatever we do, the laws we make, and the duties we adhere to, shall be in line with the Constitution. Anything derogatory to it shall be void, illegal, or unwise. The Supreme Court has always tried to uphold the principles of the Constitution, by declaring many laws unconstitutional. When society evolves laws also need to evolve to maintain the peace and betterment of society. In adhering to this, the Apex court has also laid down many guidelines time and again, that uphold human rights, under the umbrella provision of Article 21, democracy, rule of law, and secularism, and has respected the sentiments of all people irrespective of their caste and creed.

The duty of the Supreme court is to act as a vigilant body through various amendments and execute various legislations, rules, regulations, and guidelines in acting as a vigilant officer through various legislatures and executive directives, and the duty is to streamline the functions of the three organs of the State. Therefore, we can say that the Indian Independent Judiciary has acted as a strong pillar of constitutional democracy.

On 26th January 1950, when the inaugural ceremony of the Supreme Court took place, the first Chief Justice of India, Honourable Justice Sir, Harilal J. Kania said:

“In endowing the Supreme Court of India with very wide powers, the Constituent Assembly, the Assembly representing the voice of the people through their elected representatives, has shown complete confidence in the court as the final body for dispensing justice. We hope to deserve that confidence. We trust that the people of India will also maintain the independence, honour and dignity of the Supreme Court.”

National Law Day triumphs the making of the constitution by honouring its makers. Some of the important committees of the Constituent Assembly and their chairman were as follows:

  • Committee on the Rules of Procedure, Finance and Staff Committee, Steering Committee – Rajendra Prasad
  • Credential Committee- Alladi Krishnaswami Ayyar
  • House Committee – B. Pattabhi Sitaramayya
  • Order of Business Committee – K.M. Munsi
  • Ad hoc Committee on the National Flag – Rajendra Prasad
  • Committee on the Functions of the Constituent Assembly – G.V. Mavalankar
  • States Committee – Jawaharlal Nehru
  • Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas – Vallabhbhai Patel
  • Minorities Sub-Committee – H.C. Mookherjee
  • Fundamental Rights Sub-Committee – J.B. Kripalani
  • North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee – Gopinath Bardoloi
  • Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee -A.V. Thakkar
  • Union Powers Committee – Jawaharlal Nehru
  • Union Constitution Committee – Jawaharlal Nehru
  • Drafting Committee – B.R. Ambedkar


It can be concluded that National Law Day marks the enactment of the Constitution of India. It gives us all the message to abide by our Fundamental Duties and reminds the state to provide for our uninterrupted enjoyment of fundamental rights enshrined in the Constitution. It is also celebrated to give tribute to our constitution makers who worked for almost three years to give us the beautifully drafted constitution and also overcame the partition phase ( which created riots and instability between India & Pakistan. The Constitution provides the right to constitutional remedies, that help in availing our fundamental rights when they are violated.


[1] Sources of Indian Constitution, Available Here

[2] National Law Day, Available Here

[3] What Happened 71 Years Ago, When the Vision of the Supreme Court Was First Laid Out, Available Here

Important Links

Law Library: Notes and Study Material for LLB, LLM, Judiciary, and Entrance Exams

Law Aspirants: Ultimate Test Prep Destination

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