On 9th October 2020, SOLPO Research organized a webinar on the regulation of water in India in the context of pricing and distribution. The speakers were Mr. UP Singh (IAS; Secretary, Department of Water Resources, RD & GR, Government of India), Mr. Rajendra Singh (“Waterman of India”; Water conservationist; Chairman, Tarun Bharat Sangh), Dr. Philippe Cullet (Professor of international and environmental law at SOAS University of London; Senior visiting fellow at CPR, New Delhi) and Mr. K P Bakshi (IAS (Retd.); Former Chairman Maharashtra Water Resources Regulatory Authority). The event was moderated by Mr. Sanjay Sen, Senior Advocate (SOLPO Research) and Mr. Subrat Ratho, IAS (Retd.)
The present briefing note tests the sufficiency of the current legal and policy framework to deal with India’s growing water poverty and makes recommendations to the statutory framework.
Rajiv Yadav argues that the judgment of the Supreme Court in Gujarat Urja Nigam Ltd. v. Essar Power Ltd. having been passed dehors the settled principles of statutory interpretation, is per incuriam.
A critique of the Press Council Act 1978 and functioning of the Press Council of India
On 24th July 2020, SOLPO Research organized a webinar on Tribunals and associated challenges. The speakers were Mr. C.S. Vaidyanathan (Senior Advocate), Mr. V.P. Raja (Former Chairman, Maharashtra Electricity Regulatory Commission) and Mr. Tathagata Satpathy (Editor, Dharitri Newspaper and Former M.P. (Lok Sabha)). The webinar was moderated by Mr. Sanjay Sen (SOLPO Research).
This note examines the legislative, procedural and institutional issues and challenges that exist in the overall architecture of Tribunals and Regulatory bodies in India.
Senior Advocate Sanjay Sen sets the context for the present three-part Regulating India essay series in this introductory essay. The author traces the exponential growth of tribunals in India and gives an overview of the unsettled issues presented by tribunals.
The second essay in the three-part Regulating India essay series examines the legal foundation on which tribunals stand. The author argues that the inherent breakdown of the separation of power doctrine in tribunals and the soft approach of Indian courts regarding this disqualification has severely undermined their legal integrity.
The third and final essay in the three-part Regulating India essay series discusses the public law concerns that emerge from vesting legislative, executive and judicial powers in the same body, namely Tribunals.
Whether the proposed Electricity Contract Enforcement Agency to be created in the draft Electricity Act (Amendment) Bill 2020 can lawfully sit within the Central Electricity Regulatory Commission? What should be the minimum safeguards that are required for ensuring that the scheme does not fall foul of the law laid down by the Supreme Court?