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Volume I Issue 4 (October, 2023 to December, 2023)

 
Articles 

Corporate Governance and Shareholder Activism in India: A Contemporary Analysis by: Prashant Sinha

 This research paper provides an in-depth examination of corporate governance standards and shareholder activism in India's dynamic and growing corporate landscape. The study's goal is to shed light on the current situation of corporate governance in India, as well as its interaction with the growing phenomena of shareholder activism. In recent years, India has seen a substantial shift in corporate governance norms, owing to regulatory reforms and a greater emphasis on openness, accountability, and ethical business practices. The regulatory framework controlling corporate governance in India is examined in this article, including the role of the Securities and Exchange Board of India (SEBI) and the Companies Act, 2013, in developing corporate governance principles. The article digs into the changing dynamics of corporate governance procedures, as well as the growing impact of shareholder activism on altering company behavior. This magazine strives to emphasize the problems and opportunities offered by shareholder activism in India through an examination of key legislative frameworks, case studies, and international comparisons, ultimately contributing to a more nuanced understanding of its impact on corporate governance.

THE BHARATIYA SAKSHYA BILL, 2023 by: Shivam Kumar Pandey & Dasari Sony

This review article provides a detailed analysis of the Bharatiya Sakshya Bill, 2023, which proposes modernising evidential practices in India's legal system. The study covers the Bill's historical background, global impact, social implications, technical adjustments, and ethical considerations. It explores the Bill's provisions on related facts, confessions, digital signatures, judicial notices, primary and secondary sources of evidence, and electronic evidence, highlighting the challenges and opportunities presented by the digital age. The article stresses the importance of balancing tradition and progress in evidentiary practices and emphasises the need to protect individual rights while promoting justice. It concludes by recommending a thorough review of the Bill to ensure compliance with established legal principles and effective implementation.

The text discusses coastal monitoring and surveillance in India. It examines the importance of securing the 7516.6 km coastline after the 26/11 Mumbai attacks. Initiatives taken by the Government for coastal development and security are outlined, including the SAGARMALA project and the expansion of NCC in border areas.[1] The technical aspects of coastal surveillance are detailed, such as the 46 radar Coastal Surveillance Network, electro-optic sensors, AIS, and DATS. SOPs, community interaction programs, biometric ID cards, and vessel tracking further bolster security.[2] Challenges remain, but mapping, infrastructure upgrades, and ecological protection demonstrate the priority accorded to integrated coastal monitoring.

India has a long history of fisheries exploitation and management, with early efforts to regulate fishing practices dating back to the late 19th century. This review examines the evolution of fisheries laws and regulations in India, focusing on critical policies, acts, and amendments over the past century. The Indian Fisheries Act of 1897 marked the first national legislation aimed at conserving inland fisheries through restrictions on gear, mesh sizes, closed seasons, and protected waters. In the following decades, individual states enacted more specific rules tailored to local contexts. The FAO Code of Conduct for Responsible Fisheries, adopted in 1995, supplied a framework for more sustainable fisheries worldwide. In India, however, poor enforcement and monitoring hindered its effectiveness. The 2021 Marine Fisheries Bill seeks to close gaps in high-seas governance and prioritize small-scale, traditional fishers. Despite these policy efforts, India’s fisheries stay imperiled by continued overexploitation, habitat degradation, weak regulation, and climate change impacts. Improving outcomes will require stronger political will, co-management systems, and initiative-taking adaptation under uncertainty. This review synthesizes research on the strengths and limitations of India’s fisheries policy, lessons learned, and recommendations for reform. It highlights the complex social-ecological dynamics in Indian fisheries and the critical need to balance food security, fair livelihoods, and ecological sustainability in an era of global environmental change.

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This article provides an in-depth analytical study of the investigation process for cognizable offences and the role of law enforcement agencies. It examines the legal framework surrounding cognizable crimes which require immediate police action, the powers granted to law enforcement during investigations, challenges faced, such as lack of evidence and witness intimidation, Separate wings for investigation of cases, quality of investigation and prosecution, a significant impact on the conviction rates of cases and strategies to enhance efficiency, including technology adoption, training programs, interagency collaboration, and legal reforms. The analysis also covers the importance of accountability and transparency within law enforcement to uphold justice and public trust. The study offers a comprehensive perspective on the criminal investigation process and the pivotal role of law enforcement agencies.

Offshore energy infrastructures play a crucial role in meeting the worldwide energy requirements. However, they pose significant environmental consequences and give rise to safety and security concerns in the maritime domain. This study aims to comprehensively comprehend environmental apprehensions and their interconnection with safety and security measures. This study scrutinizes conventional oil and gas and nascent renewable energy infrastructures, encompassing offshore wind, wave, tidal, and solar power installations. The inquiry indicates that offshore oil and gas operations engender hazards such as oil spills, discharges from drilling, pollution from underwater noise, destruction of habitats, and emissions of greenhouse gases. Renewable infrastructures present distinctive environmental challenges such as disturbance of habitats, noise pollution, the potential for collisions, electromagnetic fields, and alterations in hydrodynamic regimes. The significance of maritime safety and security has been identified as crucial in preventing and managing environmental hazards. The article proposes that the integration of technological advancements, rigorous safety and security protocols, and strict regulatory measures can facilitate the maintenance of a harmonious equilibrium among energy requirements, ecological sustainability, and maritime safety. Prospective avenues for research encompass the advancement of methodologies for evaluating environmental impact, the augmentation of technological and operational remedies, and the optimization of policy and regulatory structures to foster sustainable offshore energy infrastructures.

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MARITIME FORENSIC LABORATORY FOR INDIAN MARINE ARCHAEOLOGY by: Shivam Kumar Pande 

It is imperative that India establish an archaeology-focused laboratory in order to preserve, examine, and comprehend its submerged cultural history. This facility would make a major contribution to international archaeology collaboration, law enforcement, and study. Using references from several disciplines, the abstract that follows demonstrates the potential that a specialised laboratory in India can provide. Marine archaeology contributes to the understanding of the maritime history and submerged legacy of places like India. The establishment of a laboratory would facilitate precise documenting and interpretation of archaeological sites, thereby improving the preservation and analysis of underwater cultural assets. For example, the identification and portrayal of historical persons could be aided by craniofacial reconstruction techniques.

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The Psychotropic Substances Drugs and Psychotropic Substances Act, sometimes known as the NDPS Act, was created to control drugs of abuse and outlaw their use, distribution, manufacturing, and commerce. Narcotic medicines are those that cause drowsiness, whereas psychotropic compounds have the power to change a person's state of mind. The NDPS Act was enacted by Parliament on November 14th, 1985. Even yet, these substances are essential to the practice of medicine. As a result, the act also contains regulations relating to the production of any psychotropic compounds and the cultivation of cannabis, poppy, or coca plants. The primary goal of the law is to regulate the production, possession, sale, and transportation of narcotic and psychoactive drugs. Around 200 psychotropic substances are prohibited by the act, therefore any walk-in person cannot buy these drugs over the counter. Only when a prescription is available for the pharmaceuticals in question are they put on sale. If this legislation is broken, you could get fined, imprisoned for a long time, or both. The severity of the situation being handled determines the level of punishment. The penalties may be lessened if the medicines were used for personal use. Although the law has undergone numerous revisions since it was first passed. Nevertheless, it can be challenging to deal with new pharmaceuticals that have the potential to be abused because of the availability of synthetic drugs and problems with illicit and designer drugs.

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Human Rights and procedural laws of any country must be in close consonance with each other because these laws are formulated for better governance. These laws help in the enforcement of the rights of the people; however, it is pertinent to note that not all countries follow a particular parameter to ensure that the human rights are in consonance with the procedural laws. The judiciary is duty bound to keep a check and balance on the same and ensure minimal instances of violations of human rights. It is duty of the judiciary to uphold the constitutional dogmas and ensure that the human rights are not violated and enforced in the way they are supposed to be. In the recent era, the development of victimological jurisprudence has gained importance and the human rights need to be ensured not just for the victims of the crime but also the accused because at times the perpetrators of the offence may just be a scapegoat for the others. The paper focusses on how the various provisions of the code has helped towards the development of human rights jurisprudence and also catered to the creation of an amicable society which shall be beneficial in upholding the constitutional dogmas in consonance with the human rights of the citizens.

The civil services commissions of Bangladesh and India, two South Asian nations with different administrative systems, are thoroughly compared in this article. Civil services commissioners are essential to the upkeep of good governance because they choose and manage the civil service workers who are essential to the functioning of a nation. This study aims to shed light on the similarities and differences between the civil services commissions in India and Bangladesh, with particular attention to their historical development, organizational structures, recruitment and selection procedures, training and development initiatives, performance evaluation and accountability mechanisms, as well as the challenges and reforms they face. In Bangladesh's and India's recruiting and selecting procedures, a great deal of attention is paid to examination systems, eligibility standards, and training programs. An analysis of these procedures provides insight on the efficiency and diversity of employment policies in the two countries. The article also looks at initiatives related to training and development, including curriculum, skill development plans, and training facilities, all of which are crucial for equipping public servants with the knowledge and skills needed for their positions.

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The three dangers completed activity under the capacities given in A. 352 were innately genuine. Due to the smoothly done formulated point of ‘within disturbances’ in the item, officeholders have existed capable to exploit and abuse the honor of their help, commission, and ownership . After the release of the danger, risk about allure genuineness and safeguards were deal with apiece Legislature and Judiciary. But the Legislature abandoned to take some conduct against  the abusers on account of allure function; Judiciary keep not take some operation on account of the omission of a able court. Grounds of Proclamations have sustained corrections subsequently 1978 and have help more safeguards. Courts have reinforced their position by providing for legal invasion unspecified area likely. The Indian Constitution states, the Central Government governs the state, and President's rule denotes a delay in state management. If a state administration is unable to carry out its duties in accordance with the constitution, the central administration may take direct control of the United States of America system, as stated in Article 356 of the Indian Constitution. Every executive expert is disturbed by the head, which is repeated in the center that bears the expert's name and which determines the appointment of extra administrators to support the ruling class. There have been 126 instances of President rule in various Indian states since the country's independence. Article 356 was probably intended to be a threat provided by the establishment's architects, but Delhi has frequently used it as a cover to prevent state governments from other governmental entities from acting, using both genuine and made-up justifications.