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Redefining Compliance: SEBI’s Proposed Corporate Governance Framework For HVDLEs under LODR

Rishabh Raj Introduction Corporate governance in India has inherently been devised with equity-listed companies in mind. However, changes brought through debt instruments as a primary funding source have highlighted the urgent need for regulatory frameworks catering exclusively to high-value debt- listed entities (HVDLEs). The Securities and Exchange Board of India (SEBI), which has taken notice […]

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Criminal

Conceptualising a Brady Requirement: The Need of the Hour

Shaurya Mahajan The Indian criminal legal framework has recently been overhauled, from the centuries-old Indian Penal Code (IPC) and Criminal Procedure Code (CrPC) to the new Bhartiya Nyaya Sanhita (BNS) and Bhartiya Nagarik Suraksha Sanhita (BNSS). This shift is an effort by the Parliament to decolonise the criminal law framework and make it more citizens’ […]

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Constitutional Law

The Dangerous Precedent Set by Uttar Pradesh’s Digital Media Policy

Puneet Srivastava & Kushagra Tiwari The new Digital Media Policy 2024 (“The Policy”), declared by the Government of Uttar Pradesh on August 28, 2024, marked a serious change in the state government’s policy of digital dissemination of information and regulation of content. Under the apparent objective of facilitating the work of the government in reaching […]

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Company Law

From Obligation to Opportunity: Crafting a Universal Vision for CSR

Garvit Gupta Introduction In India, it is no longer voluntary for companies to indulge in Corporate Social Responsibility (CSR); rather, it has been made compulsory under Section 135 of the Companies Act, 2013. Companies must spend on social initiatives at least 2% of their average net profits, where relevant if they meet stipulated thresholds. However, […]

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Competition Law

Draft Digital Competition Bill 2024: A Case Against the Blanket Ban on Self-Preferencing

Irfan Rashid Introduction The digital economy in India is a significant contributor to the overall GDP growth. With the high odds that the digital economy will contribute 20% to India’s GDP by 2026, India becoming the leader in digital revolution does not seem a distant dream now. In March 2024, the Committee on Digital Competition […]

Categories
Environment

Greens and Greys: The Indian Carbon Market’s Conundrum

Ananya Ahajoy & Sri Madhura Srinivasa Introduction India’s Long-Term Low Emission Development Strategy (‘LT-LEDS’), submitted at COP27, outlines ambitious goals for achieving net-zero carbon emissions by 2070. Executing plans such as these will require trillions of dollars in investment. A comprehensive climate finance strategy that engages both public and private sector capital is critical to […]

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Taxation

Double Taxation vs. Digital Taxation: How the DTAA Shift Affects Digital and Tech Giants in India and Switzerland

Vedansh Raj Introduction The recent removal of the Most Favoured Nation (“MFN”) clause by the Australian Government in double taxation avoidance agreements, effective in India from January 1, 2025, is strange in the international taxation regime’s practices. This decision unbalances the double taxation structure and poses unique challenges to the new digital economy. This was […]

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Competition Law Privacy Law

Data Dominance Under Fire: WhatsApp Case and its Implications

Soujanya Boxy Introduction The accelerating pace of technological advancements raises growing concerns over user autonomy and data privacy, particularly with the increasing power of tech giants to collect and use user data. Tech giants recognise user data as the fuel for their revenue growth. However, in their pursuit of being data monopolies, a critical question […]

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Constitutional Law

Examining the Pitfalls: How Mandating Generic Drugs Compromises Right to Health due to Loopholes in Drugs Regulation?

Abhishek Gupta Introduction The government has often mooted the idea to mandate medical professionals to prescribe generic medicines. Last year, the parliament introduced the National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2023 (“ Regulations”) with the aim to ensure affordable healthcare to the people of the country. Despite the medical advancements made by […]

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Intellectual Property

Satirical Journalism: Moral Rights and Criticism

Aswin S. Satirical journalism is a form of journalism which incorporates humour. Through its hyperbolic content, imitation of journalistic authority and mimicry of personalities, it is used to criticise and mock usually powerful targets. The foremost examples of such ‘news outlets’ include The Onion in digital media or print form and The Daily Show in […]