Testing The Constitutionality Of The Real Estate (Regulation and Development) Act, 2016

by Nikhil Issar

Under Entry 18 of the State List, states can make laws related to land, or rights in or over land; land improvement; and colonization of land. In response to parliamentary questions, the Ministry had stated it is primarily the responsibility of state governments to regulate real estate and that states must monitor real estate projects.[1] However, the scope of this Act is limited to contracts between buyers and promoters, and transfer of property. Both these items fall within the Concurrent List.[2] A government press release also states this position.[3] Continue reading Testing The Constitutionality Of The Real Estate (Regulation and Development) Act, 2016

Challenges Facing The Implementation Of The Smart Cities Programme

By Akhil Deo

Introduction- Why we need smart cities

The 11th Five year plan highlighted that urbanization would be the key indicator of socio-economic development and that cities will be the locus and engine of economic growth over the next two decades.[1] As of 2011 Over 400 million people, that is 30 percent of India’s population lives in urban areas and it is expected that by 2050 over 800 million people (50 percent) will do so.

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The Need To Introduce Reforms In Legal Education

By Trishna Das

In order to revolutionize legal education in India, the Bar Council of India begun the five-year integrated Course as the only BCI recognized law course in 1982. The need for Mr. Madhav Menon’s experimental National Law University[1] arose when the pedantic system of teaching law started failing.

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The Position of Foreign Law Firms In India

By Arpit Sinhal

The Advocates Act, 1961 (“Advocates Act”) is a law enacted to provide one class of legal practitioners, specifying academic and professional qualifications necessary for enrolling as a practitioner of Indian Law. Section 2(a) of Advocates Act defines ‘Advocate’ to mean an advocate entered in any roll under provisions of Advocate Act. It means that only Indian citizens with a Law Degree from a recognized Indian University could enroll as Advocates under Act. Exceptions are provided under proviso to Section 24(1)(a), Section 24(1)(c) (iv) and Section 47(2) of Act.

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Aadhaar, As It Stands Today

by Joshita Pai

Despite formalizing a legislative structure for the ambitious Aadhaar project, several grave concerns surrounding the project remain unresolved. The recent passage of the Aadhaar Bill in the Lok Sabha, which rejected crucial amendments proposed by the Rajya Sabha, displays an utter disregard to the plea of balancing social welfare schemes with protection of several other rights.

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