the conference booklet - Centre for Economy, Development and Law

Transcription

the conference booklet - Centre for Economy, Development and Law
Conference Organisers:
Centre for Economy, Development and Law (CED&L),
Government Law College, Thrissur, Kerala, India
Conference Partners:
Advocate Khoj (Associate Partner), Westlaw India (Knowledge Partner),
LexisNexis (Research Partner), Inomics (International Promotions Partner),
Elenchus Law Review (Official Journal Partner),
CED&L’s Global Bulletin (Official Newsletter).
CENTRE FOR ECONOMY,
DEVELOPMENT AND LAW (CED&L)
Government Law College, Thrissur
ALL INDIA STUDENTS
CONFERENCE (AISC)
1st edition
8 – 9 November 2014
at Kerala Institute of Local Administration,
Thrissur, Kerala.
RESTRUCTURING INDIAN STATE, SOCIETY
AND ECONOMY:
An inquiry into today and tomorrow
CONFERENCE BOOKLET
2014 -15
www.cedl.ac.in, www.glcthrissur.com,
www.facebook.com/cedlconference2014?ref=hl
ACKNOWLEDGEMENTS
All India Students Conference, 1st edition is a result of efforts from many arms. All the efforts
wouldn’t have resulted into this success of the program without the support of our M.P Shri.
C. N Jayadevan. Hon’ble Justice K T Shankaran and Prof. (Dr.) N R MadhavaMenon had
been our guiding light from the inception of the program. The faculty and staff of
Government Law College, Thrissur especially our beloved principal Dr. Mercy Thekkekara
and Binu Poornamodan Cholayil, Director, Center for Business Laws, A Suhruth Kumar,
Coordinator, Dr. A. T. Markose Chair on Advance Legal studies had been the greatest
support in the effort. At this moment we remember the efforts put in by the conference
mentors Prof. M P Singh, Prof. N K Jayakumar, Dr. Geetha Gopal, Dr. Geeta Mahavan, Dr.
Bismi Gopalakrishnan, Dr. S S Girishankar, Dr. Mathew A Varghese, Dr. Dhanuraj and Mr.
Antony Dawson D’Silva in gathering, articulating and inspiring the event. We thank Hon’ble
Justice Muhhammed Mustaq for his kind words that encouraged us to this humungous task.
We thank the Prof. K.C. Abraham, B.G. Harindranath, Dr. C.C. Babu and Dr. P. P. Balan
whose august presence has made the conference an auspicious gathering. Further the
conference owes a great credit to our benefactors who have shown generous support for the
event. Miss. Kanika Dasan our good friend in Westlaw and Mr. Muhammed Mustafa and
Mrs. Ishu Oberoi of LexisNexis for bringing the conference close to the wonderful
enterprises Westlaw and LexisNexis. Also we thank Ms. Elizabeth Kuruvilla, Advocate Khoj,
and Lucia Leguizamo, Inomics for helping out us in the promotions of this event worldwide.
Mr. Rohit Thayyil, sub-editor of Deccan Chronicle, who took special interest in forwarding
our talks with popular academicians, journalists and media elites, is to be specially
mentioned. We thank the hospitality of our host Kerala Institute of Local Administration they
have been courteous to all our needs. Dr. P. P. Balan, the director of the institute had been
kind enough to accept our request and a lot us the space and logistics for this mega student
gathering.
Last but not the least it is the authors and paper presenters who have made a gathering into
the celebrated All India Students Conference, 1st edition “RESTRUCTURING INDIAN
STATE SOCIETY AND ECONOMY: An inquiry into today and tomorrow”.
INDEX
About the Conference......................................................................................... 5
About CED&L.................................................................................................... 5
About Government Law College, Thrissur…………………………………... 6
About Our Partners …………………………………………………………. 7
About the Venue and Directions ...................................................................... 10
Conference Officials………………………………………………………... 12
Our Team of Co-ordinators ………………………………………………… 13
Our Resource Persons………………………………………………………
14
The Invited Guest of Honours……………………………………………..
15
List of Sessions ................................................................................................ 18
Conference Schedule ....................................................................................... 19
Abstracts........................................................................................................... 23
Authors and Paper Presenters........................................................................... 37
Important Contacts …………………………………………………………. 45
AISC 1ST EDITION November 8 & 9, 2014
About the conference:
ALL INDIA STUDENTS CONFERENCE 2014 – 1st edition
A magnified view of the contemporary politics and its discourses shows a general incongruity
existing, on the prospects of current policy design, institutional framework and state-society
synergy, among the stake holders and policy makers. Centre for Economy, Development and
Law holds the first edition of All India Students Conference takes this mace of incongruity to
examine the current structure of Indian State, Society and Economy – whether there is need
for restructuring or not?
Is it enough, should we correct or adjust the current inefficacies and go ahead with the same
structure? Or if we are quiet convinced about a redesigning then what should be the new
model? Centre for Economy Development and Law, awaits answers from student policy
advocates.
The program is decorated with group discussions, paper presentation and one on one
interaction with policy makers and academicians The Centre finds that India being a nation
with largest youth population, the contribution and participation of students in planning
process to be of utmost importance Hence the centre and the conference coordinators warmly
welcome the young academicians to this intellectual rollercoaster.
About the Centre:
CENTRE FOR ECONOMY, DEVELOPMENT AND LAW (CED&L)
The Centre is an inter-disciplinary centre established under Government Law College,
Thrissur, Kerala. The proposed centre envisages being a platform for academic discussion
and as a creative think-tank for studying, analysing and interpreting various socio-economic
and legal issues. This forum intends to generate perceptual framework to explore and
understand social issues and events, thereby enabling the people and institutions to create best
possible models in policy making and legal practices. Developing and disseminating
knowledge on the cross-cutting areas of economy, development and law is the primary aim of
this forum; and it is expected to make creative interventions in shaping progressive
democratic practices.
ECONOMY AND DEVELOPMENT
Furthering development is the central concern of all organized economies. The qualitative
and quantitative change envisioned by development of an economy, certainly requires a
concerted effort from the policymakers and communities. Therefore, in a globalising world,
the structures of economies may become defunct without effective institutional mechanisms.
Such institutions would articulate a set of rules, which facilitates the activities in the economy
both in terms of qualitative and quantitative change for progress. Nobel laureate Douglass
North observed that institutions provide incentive structure to an economy; as that structure
evolves, it shapes the direction of economic change towards growth, stagnation or decline. In
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 5
AISC 1ST EDITION November 8 & 9, 2014
other words, the institutions and the degree of its effectiveness determine the cost of
transaction or the cost and benefits of exchange.
It is no doubt that both institutions such as government and rule of law are essential to realise
the motto of making economic activities sustainable. On the contrary, a central issue of
development economics is the persistence of dysfunctional institutions over long periods of
time. This of course demands attention on the relevance and effectiveness of law in the
process of economic development.
SIGNIFICANCE OF DEVELOPING CROSS-CUTTING KNOWLEDGE BASE
Law has long been recognized as a reflection of the prevailing forces in a given society, and a
potential instrument of change and progressive development. Society needs an efficient and
effective legal system for the proper administration of law. Lack of sound legal and policy
framework, and independent and effective judiciary may lead to obstacles in the path of
progressive development. In this forum, we expect to develop cross- cutting knowledge base
by bringing the academicians, legal scholars and other resources persons together to
creatively engage, evaluate, and bridge such lacunas.
ABOUT GOVERNMENT LAW COLLEGE, THRISSUR
GLC THRISSUR started in the year 1992. It is the fourth Government Law College in the
State and is affiliated to the University of Calicut. The need for starting a Government Law
College at Thrissur was deeply felt by the educationists, intellectuals, lawyers and other
eminent personalities of Thrissur in 1970 itself. The first batch of Law Graduates came out in
1993-94 academic year. Sri. R. Muthukrishnan, Chairman, Bar Council of India and Sri
Gopakumaran Nair, the Local Member visited the college on 27-3-1995 and affiliation of the
college was approved by the Bar Council of India.
The campus is situated at the outskirts of Thrissur town, the Cultural Capital of God’s Own
Country, Kerala. The town as the history quotes has a well-planned township, completely
prepared and executed by, King Shakthan Thampuran. The Thrissur GLC campus is widely
acknowledged for its celebrated facilities like fully connected WIFI Network, endowed
library, online database like Westlaw, Lexis Nexis, Manupatra, SSC Online, Inflibnet etc.,
conference and seminar rooms, smart class rooms, audio-visual equipments and
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 6
AISC 1ST EDITION November 8 & 9, 2014
communication systems, career development and placement cell and Moot Court Auditorium.
Recreational Facilities include like Cricket Nets, Carrom centre, Shuttle-Badminton Court
and a public playground.
About Our Benefactors:
ADVOCATE KHOJ – Our Associate Partner
AdvocateKhoj is India’s first communication platform to bridge the gap between clients and
advocates. The client is provided access to the advocate's background information, education,
experience, a taste of the advocates "life experiences" that are so vital in making an informed
decision in finding the best possible advocate for their case and above all its confidential,
easy and free!
AdvocateKhoj provides special coverage to Legal Conferences, Seminars, Workshops and
Events organized by various institutions in India and abroad. The portal also provides an
online law library which contains an exhaustive list of Legislation, Case Law, Legal Forms,
Sample Agreements and Law Dictionary. The law Library is an open resource for the public
to gain knowledge about the Indian Judiciary.
AdvocateKhoj was the finalist for the Manthan Social Media and Empowerment Award
2013, also the finalist for the Best IT Implementation of the Year 2009 by PC Quest. The
portal was nominated for the 2013 Website Award Competition by International Association
of Law Libraries.
Visit: www.advocatekhoj.com
WESTLAW INDIA – Our Knowledge Partner
Westlaw India being one of the premium legal research tools, with over 32,000 databases
from jurisdictions around the world. An easy-to-use interface which gives you customized
tabbed “homepages” with comprehensive and accurate content from respected legal
publishers. It consists of exclusive editorial enhancements which enables the user to research
effectively and without any hassle.
In today’s cut throat competition Westlaw India brings a plate full of opportunity for the Y
generation to master the research skills and achieving greater career heights through its
innovative Westlaw India Student Representative program, which infuses professionalism in
a student and enhances the legal research skills.
Westlaw India consists of the following dynamic content coverage: (1) Jurisdictions – India,
United States, European Union, United Kingdom, Canada, Australia, Hong Kong, Singapore
journal, South Africa Constitution (2) More than 1000 journals inclusive of Harvard Law
Review Intellectual Property Quarterly, Law Quarterly Review, Journal of Environmental
Law, Construction Law, (3) Collection of legal encyclopaedias including American Law
Reports, Corpus Juris Secundum & American Jurisprudence, (4) International law materials
(5) Access to online Black’s law Dictionary
Visit : http://www.westlawindia.com/
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 7
AISC 1ST EDITION November 8 & 9, 2014
LEXISNEXIS – Our Research Partner
LexisNexis Group is a corporation providing computer-assisted legal research as well as
business research and risk solution services. During the 1970s, LexisNexis pioneered the
electronic accessibility of legal and journalistic documents. As of 2006, the company has the
world's largest electronic database for legal and public-records related information.






In 2010 and 2011 the Human Rights Campaign recognized LexisNexis as a company
that treats its lesbian, gay, bisexual and transgender employees well.
Training magazine inducted LexisNexis into its "Training Top 125" list between 2007
and 2010.
In 2012, Nexis won the SIIA CODIE Award for Best Political Information Resource.
In 2013, LexisNexis Smart Meeting won the Stevie Award for sales and customer
service.
In 2014, Nexis won the SIIA CODIE Award for Best Business Information Solution.
LexisNexis made the 2014 Spend Matters Almanac List for 50 Providers to watch for
in the procurement sector.
Visit www.lexisnexis.com
INOMICS – Our International Promotions Partner
INOMICS is an online platform hosting education and career opportunities for highly
qualified professionals, academics and students. Visitors from more than 150 countries use
INOMICS to take the next step in their career. Be it a job, grant, PhD program, academic
conference or supplementary course, INOMICS users find thousands of opportunities for
every stage of their career - updated daily and tailored to individual interests and areas of
specialization.
INOMICS has been online since 1998 and is based in Berlin, Germany. INOMICS is proud
to partner with a variety of reputable scientific and research organizations and blogs from all
over the world, with the aim of promoting research and knowledge exchange at the highest
level. Some of INOMICS’ partners include European Regional Science Association (ERSA),
American Economic Association (AEA), International Association of Energy Economics
(IAEE), ACRN Oxford - Academic Research Network, International Institute of Social and
Economic Sciences, and New Economic Papers (NEP), etc.
Visit: https://inomics.com/
ELENCHUS LAW REVIEW – Our official Journal
ELENCHUS LAW REVIEW [(YEAR) ELEN L. R. (Pg. no)], is a peer-reviewed
interdisciplinary journal published biannually by Government Law College, Thrissur. The
Journal aims to be a medium that involves, promotes and engages students, academicians and
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 8
AISC 1ST EDITION November 8 & 9, 2014
legal fraternities to express and share their ideas and opinions on themes and methodologies
relating to the interface of law and society. The journal subscribes to an expansive view on
the interpretation of “law and society”, thereby keeping its basic criteria for contributions,
simply that of high academic merit, as long as there is a perceivable link.
Moreover the journal aims to contribute multidimensional thinking on the issues of
competing concepts in governance and law, often positioned between various international
and comparative approaches to justice. Its endeavour is to bring in various socio-economic
and political forces evolving itself to law and justice and to review the State and International
Policies and their impact on various national and international polities. Lastly, it tries to
invigorate struggles and movements for equity and equality by way of knowledge
dissemination and sharing of information.
Visit: http://cedl.ac.in/elenchus-law-review/
CED&L’s GLOBAL BULLETIN – Our Official Newsletter
CED&L is committed in knowledge promotion and information sharing and it is the centre’s
most cherished dreams to criculate newsletters on contemporary issues round globe affecting
the spheres of Economy, Development and Law. As a first step to it, CED&L is currently
printing and publishing GLOBAL BULLETIN, which is a weekly edition carrying news
articles and perspectives on International affairs. The newsletter is mandated free of cost, and
only for educational and research purpose.
http://cedl.ac.in/publications/news-leters/
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 9
AISC 1ST EDITION November 8 & 9, 2014
VENUE AND DIRECTIONS
Kerala Institute of Local Administration (KILA)
Mulamkunnathukavu P O
Thrissur - 680 581
Kerala, India
Phone : +91-487-2201312, 2207000,
Fax : +91-487-2201062
Email : mail@kilaonline.org, kilathrissur@gmail.com
KILA is situated at Mulamkunnathukavu, 11 km north of Thrissur city on the ThrissurShornur Road in a picturesque 20 - acre campus. The serene and salubrious atmosphere of the
campus amidst the scenic landscape of the surrounding hills provides a congenial atmosphere
for learning. The nearest International airport, Cochin (Nedeumbaserry) is 65 kms away from
KILA. The participants arriving by train can alight at Thrissur railway station. Direct
taxi/auto rickshaw and bus services are available to reach KILA campus.
ABOUT KILA
Kerala Institute of Local Administration (KILA) is synonymous with decentralisation and
local governance. The best of its kind in the third world, KILA aims to address the emerging
issues of decentralised governance at the grass roots through a plethora of divergent activities
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 10
AISC 1ST EDITION November 8 & 9, 2014
like training, research, consultancy, policy advice, publications and information services.
KILA thus becomes a harbinger of the emerging dawn of vibrant local democracy.
Kerala Institute of Local Administration (KILA) has been engaged in the capacity building
activities for local governments in Kerala since its establishment in 1990. The Institute is
supported by the Government of Kerala, as its nodal institution for training, research and
consultancy for the Local Self-Government Institutions. The Institute engages in different
capacity building activities of the local governments, both rural and urban.
ABOUT THRISSUR
Thrissur is the fourth largest city, the third largest urban
agglomeration in Kerala (Pop. 1,854,783) and the 20th largest
in India. The term Thrissur is the abbreviated anglicized form of
the Malayalam word "THRISSIVAPERUR" which means the town
of the "SACRED SIVA". The town is built on an elevated ground,
at the apex of which is the famous "VADAKKUMNATHAN"
Temple. A place of great antiquity, Thrissur was also known as
"VRISHABHADRIPURAM" and "TEN KAILASAM" in ancient
days.
The early political history of the District is interlinked with that of
the Cheras of the Sangam age, who ruled over vast portions of
Kerala with their capital at Vanchi. The whole of the present
Thrissur District was included in the early Chera Empire. The
District can claim to have played a significant part in fostering the
trade relations between Kerala and the outside world in the ancient
and medieval period. It can also claim to have played an important
part in fostering cultural relations and in laying the foundation of a
cosmopolitan and compose culture in this part of the country. Kodungalloor which had the
unique distinction of being the "Primum Emporium India", also belongs to the signal honour
of having first given shelter to all the three communities which have contributed to the
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 11
AISC 1ST EDITION November 8 & 9, 2014
prosperity of Malabar'. These three communities are the Christians, the Jews and the
Muslims.
The cultural capital of Kerala, Thrissur is synonymous with Pooram festival, the most
colourful, world famous and spectacular temple festival in Kerala. The abode of several
prominent culture centres including the Kerala Kalamandalam, Sahitya Academy and
Sangeetha Nataka Academy, Thrissur has an extraordinarily rich past as well as a vibrant
present. The host city has served as an incubator for many Malayali entrepreneurs, and is a
major financial and commercial hub of Kerala. It flexes its economic muscle in India as the
headquarters of three major scheduled banks, South Indian Bank Ltd, Catholic Syrian Bank
and Dhanalakshmi Bank Ltd and a clutch of Chit funds. The city is also a big centre for
shopping in Kerala for silks and gold jewellery.
Apart from being the cultural nerve centre of Kerala, it is also a major academic hub and is
home to several educational institutions including the Kerala Kalamandalam, Jawahar Bal
Bhavan Thrissur, Kerala Police Academy, Kerala Agricultural University, Kerala University
of Medical and Allied Sciences, College of Veterinary and Animal Sciences, Kerala Institute
of Local Administration.
CONFERENCE OFFICIALS
Prof. Dr. Mercy Thekekkara, Our Patron
Dr. Mercy Thekkekara is the officiating Principal of Government Law College, Thrissur. She
has 23 years of teaching experience. She took LL.M degree in Constitutional Law from
Kerala University, Thiruvananthapuram. She was awarded Ph. D by the Mahathma Gandhi
University, Kottayam. She began her carrear as an Advocate and later joined as lecturer in
Govt. Law College. Serving as a law teacher in various colleges, she took charge as principal
of Govt. Law College, Thrissur in 2011. Email her at: mercythekkekkara@gmail.com
Mr. Abhilash Gopinath, Director,
Centre for Economy, Development and Law
Mr. Abhilash Gopinath has completed LL.B and LL.M (International Law) from University
of Kerala (India). He also completed MPhil from Jawaharlal Nehru University, New Delhi
(India) in International Trade Law and registered his PhD on the topic Dispute Settlement and
Norm Setting in Regional Trade Agreements: Emerging Legal and Institutional Issues at the
same university. He has participated in various seminars and workshops and presented papers
on various subjects. He joined Government Law College as Assistant Professor of Law on
17th February 2011. Email him at: gopinath.abhilash@gmail.com
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 12
AISC 1ST EDITION November 8 & 9, 2014
OUR TEAM OF CO-ORDINATORS
1
2
3
5
6
7
8
9
10
11
12
13
14
15
16
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Ajith Thomas
Akash Ravi
Alim Anvar
Ann Malu Albi
Arya A
Asma Sherin
Athira Rajeev
Athira T A
Bincy U
Darshan Chandran
Deepa B
Edwina Benny
Ephrain Leslie Thayil
Fahmida Sherin
Fathima
Hilma Joseph
Hrishi Chand
Navami Varma
Nivea Liz Peter Fernanadez
Premlal S
Rahmathunnisa
Ram Manohar K
Rona Gevarghese
Sabi C Shaji
Shahina N V
Shameer K
Sreenath Namboodiri
Srirag C G
Sunu
V.B Sreekumar
Vasishta Pathmanabhan
Vidhya K K
Vimal Vijay
Vinny V Vijayan
ajithpanikulangara@gmail.com
akashravi@live.com
alim619@gmail.com
athirarajeev2012@gmail.com
athiraajay16@gmail.com
bdeepa666@gmail.com
edwinabenny@gmail.com
ethayil@gmail.com
fahmi.pp13@gmail.com
hilmajoseph@gmail.com
navamimv@gmail.com
niveapeterfernanadez@gmail.com
rahmath.cpkamal@gmail.com
rammanohark@gmail.com
rona592@gmail.com
shameerkmajeed@gmail.com
srinathnamboodiri@gmail.com
srirag.c.g@gmail.com
skq.0505@gmail.com
vijay.vimal004@gmail.com
vinnyvvijayan@gmail.com
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 13
AISC 1ST EDITION November 8 & 9, 2014
OUR RESOURCE PERSONS:
Dr. Geeta Madhavan:
Specialisation in International Law and a consultant to academic departments that feature
International Relations programmes. Visiting Faculty of Departments of Legal Studies, of
Defense and Strategic Studies, Madras University and Tamil Nadu Law University - A PhD
with doctoral thesis on Terrorism in international law - Awardee of the Doctoral Fellowship
of the Hague Academy of International Law and RCSS Alumnus (Colombo), Salzburg
Alumnus (Austria) and of the Wilton Park Conference, UK and IVP Alumnus of the USA ,
NESA Alumunus, APCSS Alumunus and Alumunus of Havard Kennedy School .Working in
areas related to international security and terrorism. Founder Member of Chennai based think
tank - Centre for Security Analysis.
Dr. S.S. Giri Shankar:
Dr. S.S. Giri Shankar is a faculty of Govt. Law College; Ernakulam. He received his Ph.D.
from the Department of Law at University of Kerala. He is a vibrant academician with
twenty years of teaching experience, a commanding presence in several international and
national seminars. He has presented several papers and aided many workshops as resource
person. He is currently the Executive Editor of Research Journal of Govt. Law College,
Ernakulam and has earlier been Asst. Editor in Kerala University Journal of Legal Studies.
He has coordinated Adjunct Faculty Lecture Series, Career Development Programmes and
several moot court competitions.
He has served in various university roles as Chairman and Chief Examiner and Examiner of
under graduate and post graduate examination Boards, M.G. University. P.G.Examiner and
Member of viva boards in University of Calicut. Examiner in University of Kerala. He was
also Evaluator in Kerala Public Service Commission Examinations and Question paper setter
and Evaluator in Judicial Test (Higher Examination) of High Court of Kerala. He also holds a
P.G Diploma in Journalism.
Dr. Bismi Gopalakrishnan:
Dr.Bismi Gopalakrishnan got her Ph.D. from the Department of Law at University of Kerala
on 2007. Her Research topic was Role of State in the Realisation of Right to Health. She
worked as a Research Assistant at Department of Law from 1999 January onwards on the
project Halsbury’s Laws of India. She was awarded the International Visitor leadership
programme (2011) by the United States Department of State Bureau of educational and
cultural affairs. Dr. Bismi Gopalakrishnan has made substantial contributions in the areas
health care law, intellectual property rights, human rights, and administrative law. So far, she
has published about 19 research papers in refereed journals. She has published a book titled
Shakthi- Laws to Ensure gender Justice.
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 14
AISC 1ST EDITION November 8 & 9, 2014
Dr. Mathew A Varghese:
Dr. Mathew A. Varghese is currently Assistant Professor (FIP Substitute), Department of
Political Science, Maharajas College, Ernakulam. He holds a Masters degree in Politics and
International Relations from Mahatma Gandhi University, Kerala, India and M.Phil in
Anthropology of Development from the University of Bergen. He was awarded a Ph.D from
the University of Bergen, Norway for his thesis “Spatial Reconfigurations and New Social
Formations: The Contemporary Urban Context of Kerala” in the year 2013. His areas of
interest are Psychology, Political Science and Social Anthropology with a focus on Urban
Processes.
THE INVITED CHAIRPERSONS:
Honourable Justice K. T. Shankaran
High Court of Kerala
Educated at Govt. High School, Kumaranellur, St. Thomas College, Thrissur and Sreekrishna
College, Guruvayoor, He obtained Law Degree from Saraswathy Law College, Mercara,
Coorg, Karnataka (Mysore University) and enrolled in the year 1979. Started practice at
Munsiff-Magistrate Court, Pattambi in the same year. Later shifted practice to the High Court
of Kerala in 1982. He was appointed as Additional Judge, High Court of Kerala on 02-022005. He then, has sworn in as Permanent Judge of the High Court of Kerala with effect from
22-11-2006.
Prof. (Dr.) N. R. Madhava Menon
Prof. N. R. Madhava Menon (born May 4, 1935) is a legal educator from India. He was
instrumental in setting up the National Law School of India University (NLSIU) in
Bangalore, and was its founder-director. He was the founder and vice-chancellor of West
Bengal National University of Juridical Sciences (NUJS) in Calcutta, run on the NLSIU
model. He was the founder Director of the National Judicial Academy, Bhopal, an institute
for training judges. Porf. Menon has worked for nearly five decades to improve Indian legal
education. He is Scholar-in-Residence of Faculty of Law, A.M.U.
As a member of the Legal Education Committee of the Bar Council of India and later as the
first Secretary of the Bar Council Trust, Menon influenced the shaping of legal education
policies.
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 15
AISC 1ST EDITION November 8 & 9, 2014
Prof. K.C. Abraham
Prof. K C Abraham is the Academic Director of CPPR. Formerly with Mahatma Gandhi
University, Prof Abraham was a Political Science professor for 32 years and belonged to
Sacred Heart College, Cochin. Prof Abraham is known for his critical analysis of public
policies and electoral politics. He has been an advisor to Centre for Public Policy Research
and shares his experience with research team on a regular basis.
Prof K C Abraham has involved with various governance initiatives and programmes. He was
the Academic Director of Winter School on Public Policy Research Methods, which involved
training of Researchers from across globe in Research Methodology. He has taken classes on
administration and governance, political systems etc. He has written various articles on public
policy, politics, governance and administration. He had contributed to the ‘Compendium on
Campus Democracy in India’ a study undertaken by Civitas Advisory Solutions for Liberal
Youth Forum, Delhi. He has contributed article to major publications and is an avid reader.
Mr. B.G. Harindranath
District and Sessions Judge
Additional Director, Kerala Judicial Academy
After obtaining law degree, joined the bar in 1984, practised before the the High Court of
Kerala till 1990 in the chambers of Mr. K. P. Dandapani (present Advocate General, Kerala).
He joined Kerala Judicial Service in the cadre of Munsiff - worked as Munsiff at Thalassery,
Kannur, Kochi, Irinjalakuda and as Judicial First Class Magistrate, Vaikom. In the year 2000
he was promoted as Sub Judge/ Chief Judicial Magistrate, later on worked as Assistant
Session's Judge at Kollam and Cherthala. He was Chief Judicial Magistrate and Presiding
Officer of Juvenile Justice Board, Trivandrum in 2004.
Promoted as District and Sessions Judge in the Kerala Higher Judicial Service in 2004 and
appointed as Sessions Judge for trying cases under the Kerala Abkari Act, Motor Accidents
Claims Tribunal, Pala Family Court Judge, Trivandrum and District and Sessions Manjeri.
He has also worked as Professor at National Judicial Academy, Bhopal on deputation and
presently working as Additional Director, Kerala Judicial Academy since April, 2012.
Dr. C.C. Babu
Head, Department of Economics
Panampilly Memorial Government College, Chalakkudy
Dr. C. C. Babu completed his Post Graduation from U .C. College Aluva, in 1988. He has
been awarded his PhD on ‘Dynamics of Urban Land Market’ from the University of Calicut.
He completed his Masters in Education from the same university. He joined the service in
1993, at Govt College, Kasargode. Since 1998, he has been serving this college. At present,
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 16
AISC 1ST EDITION November 8 & 9, 2014
he is the Head of the Department of Economics and has twenty one years of teaching
experience.
He has undertaken UGC sponsored Minor Research Project in ‘Public Investment and Social
Mobility among the Marginalised Communities in Kerala’: A Case Study of
Vijayaraghavapuram Chalakudy, Thrissur. He was a member of the Board of Studies (Post
Graduate) in Economics, University of Calicut (2009-2012). At present, he holds the
positions such as the member of College Development Council, Chief Superintendent of
Examinations and Chairman of Research Committee.
Dr. P. P. Balan
Director
Kerala Institute of Local Administration
The day-to-day management of KILA is steered by the Director. The personnel strength of
KILA is around 45, spearheaded by the Director. The personnel are spread through broad
inter-connected divisions of academic, administrative, and accounting segments. The
operational aspects are subject to peer review through the committee system. There are
different committees constituted for research, training, and information service. The staff and
officers meetings will also be held frequently to discuss operational issues of the capacity
building programmes and other activities of KILA.
Mr. M. B. Rajesh
Member of Parliament of Palakkad Constituency
M.B. Rajesh an advocate by profession, a proved politician and a seasoned parliamentarian.
He has represented his constituency from the year 2009 to today. He has raised more than
500 questions on various issues, took part in more than 130 debates and could spent 93
percent of his MP Local Area Development fund. The issues raised by Mr. Rajesh on topics
like economic policies, environment and fuel price issues were widely debated and accepted
by other members also.
He has written several books and has acted as the chief editor of the ‘Yuvadhara’, a widely
read Malayalam monthly.
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 17
AISC 1ST EDITION November 8 & 9, 2014
LIST OF SESSIONS
Inaugural Session: Restructuring Indian State, Society and Economy: An
Inquiry into today and tomorrow, Inauguration: Honourable Justice K. T.
Shankaran. Chief Guest: Dr. P. P. Balan, Director, KILA
Session 1: International Affairs and Foreign Policy, Chair: Dr. C. C. Babu ,
Resource Person: Dr. Geeta Madhavan
Session 2: Developmental Policies: Thought and Facts, Chair: Prof. (Dr.) N.R.
Madhava Menon, Resource Person: Dr. S S Girishankar
Spill over (informal) session: Forming an Inter-Institutional Research Grid &
the Dinner Party.
Session 3: Social Aspirations: Ways and Wants, Chair: Prof. K. C. Abraham,
Resource Person: Dr. Mathew A Varghese
Session 4: Matters of Governance: Principles and Paradigms, Chair: Mr. B. G.
Harindranath, Resource Person: Dr. Bismi Gopalakrishnan.
Session 5: Drafting the Policy brief, Session experts: Dr. Geeta Madhavan,
Dr. S.S. GiriShankar, Dr. Bsmi Gopalakrishnan, Dr. Mathew A Varghese
Valedictory Session: Restructuring Indian State, Society and Economy: An
Inquiry into today and tomorrow, Policy Brief Presentation, Guest of Honour:
Mr. M. B. Rajesh, Member of Parliament.
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 18
AISC 1ST EDITION November 8 & 9, 2014
CONFERENCE SCHEDULE
8th November 2014 First Day
Inaugural session: 9:30 – 10:45 am
Silent Prayer / Song
Welcome address: Mr. Sreenath Namboothiri
Presidential Address: Dr. Mercy Thekkekara I, Principal, GLC Thrissur
Inaugural address: Honourable Justice K. T. Shankaran
Chief Guest: Dr. P. P. Balan, Director, KILA
Felicitation: Mrs. Binu Poornamodan Cholayil, Director - CBL
Felicitation: Mr. Abhilash Gopinath, Director - CED&L
Felicitation: Mr. Abhijith K N, Students Union Member
Orientation Talk: Dr. S. S. Giri Shankar
Vote of thanks: Miss. Nivea Liz Peter Fernandez
Tea Break
Session 1: International Affairs and Foreign Policy, 10:50 am – 1: 15 pm
Welcome: Mr. Alim Anvar
Introductory remarks by the Chair, Dr. C. C. Babu
Paper 1: An Analytical Consideration on India’s position in the Global Front- Can Economic
Restructuring expedite the momentum?
Viswajith Anand.S.S, Aruna Nandakumar, Government Law College, Trivandrum
Paper 2: Role of intra-regional trade in shaping India’s future
Sourav Das, Srejita Nandy, Symbiosis School of Economics, Pune
Paper 3: Towards Better Integration of SAARC Nations: Lessons from Indo-Srilanka Trade
Relations
Malathi Murali, Department of International Law, The Tamil Nadu Dr.Ambedkar Law
University
Paper 4: Determinants of FDI Inflows in India in the Globalization Era
Sayandeep Chattopadhyay, ISEC Bangalore & Srijani Chaudari, Symbiosis School of
Economics, Pune
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 19
AISC 1ST EDITION November 8 & 9, 2014
Paper 5: Knowledge Based Economy and New Global Order: New Dimension In India- EU
Strategic Partnership?
Sasmitha Mohanty, Centre for European Studies, Jawaharlal Nehru University, New Delhi
Paper 6: Coalition against ISIS – Diplomatic Reasoning on India’s stand
Ihsaan Meera E., Department of International Law, The Tamil Nadu Dr. Ambedkar Law
University
Paper 7: Innovation And Technology Transfer To Address Climatic Change: Creating A
Balance Between IPR and Environment
Shalika Anna Herenz, National University Of Study and Research in Law, Ranchi
Contributions by Resource Person, Dr. Geeta Madhavan
Q&A Discussion Time
Rapporteur Report and Vote of Thanks: Hilma Joseph
Lunch: 1:15 pm - 2:00pm
Session 2: Developmental Policies: Thoughts and Facts: 2:00 pm – 4.15 pm
Welcome: Miss. Asma Sherin
Introductory remark by Chairperson: Prof. N. R. MadhavaMenon
Paper 1: Land Question and Mobility of the Marginalised: A Study of Land Inequality in
Kerala
Yadu C R, Centre for Development Studies, Trivandrum
Paper 2: Reviving Primary Sector
Priya Pallavi Oraon, National University of Study and Research in Law, Ranchi
Paper 3: India towards Socio- Economic Development: Decentralization of Workload to
Achieve a Balanced Economy
Neha B. Kamble, Manikchand Pahade Law College, Aurangabad & Shrushti Kamble,
Department of Economics and Statistics, Government College of Arts and Science,
Aurangabad
Paper 4: The Nuclear Waste Management- A Hidden Peril Behind Nuclear Power
Intervention
Ruby Ismail, Sheethal M S
Paper 5:"FDI in the Retail Sector: How Prudent is this “Economic Reform” for the Indian
Economy?
Sanchita Jain, Department of Economics, University of Cambridge, U.K.
Contributions from Resource Person, Dr. S. S. Girishankar
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 20
AISC 1ST EDITION November 8 & 9, 2014
Q&A Discussion Time
Rapporteur Report and Vote of Thanks: Miss. Edwina Benny
Tea Break
Spill-Over Session: On Forming an Inter-Institutional Research Grid: (Informal Meeting)
6.30 pm
The Dinner Party and Cultural Evening: 7:30 pm
9th November 2014 - Second Day
Session 3: Societal Aspirations: Ways and Wants 8: 45 am – 11: 00 am
Welcome: Miss. Fahmida Sherin
Introductory remarks by Chair, Prof. K. C. Abraham
Paper 1: Improper waste management in India: the Indian patent law to be blamed?
Akanksha Anil, National University of Study and Research in Law, Ranchi
Paper 2: Employment for the Baby Boomers of India - Review of Government Policies for
Job Creation
Devika Kannan, Symbiosis School of Economics, Pune
Paper 3: An Account of the Third Gender: Exclusion by Birth
Shrabana Mukherjee, Omkar Raut, Symbiosis School of Economics, Pune
Paper 4: Solid Waste Management in Pune: From Garbage to Gold
Sunidhi Jain, Surabhi Hegde, Symbiosis School of Economics, Pune
Paper 5: Manual Scavenging: The Most Inhuman Form of Labour
Parth Agarwal, Jatin Sardhana, Sauhan Rabeez, Symbiosis Law School, Noida
Paper 6: Budget Analysis of Schedule Caste and Schedule Tribe: A Case Study of Pune
Municipal Corporation
Priyanka Kumari, Symbiosis Law School, Pune & Monika Sweety, Annamalai Open
University, Chennai
Contributions from the resource person, Dr. Mathew A. Vargheese
Q & A Discussion time
Rapporteur Report and Vote of Thanks: Mrs. Shahina N V
Tea Break
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 21
AISC 1ST EDITION November 8 & 9, 2014
Session 4: Matters of Governance: Principles and Paradigms 11: 10 am – 1: 15 pm
Welcome: Mr. Akash Ravi
Introductory Remarks by Chair Mr. B. G. Harindranath, Dist Judge & Addl. Director
Kerala Judicial Academy
Paper 1: Right to Hearing: A Rajasthan Initiative
Nirun R N, Kerala Law Academy, Trivandrum
Paper 2: Participatory Budgeting: A Case study of Pune Municipal Corporation
Sebin B Nidhiri & Athreya Mukunthan, Symbiosis School of Economics, Pune
Paper 3: Judicial Appointments: An Unending Saga
Karthikeya Joshi, Aditi Chanda, Symbiosis Law School, Pune
Paper 4: A Perspective Analysis On e-Governance: Policy Paralysis And Implementation
Bhagyalakshmi R, Government Law College, Ernakulam
Paper 5: Half a Federal Country, Thus Issues and Recommendations
Navin Kumar, M. S. Ramaiah College of Law
Contribution by the Resource Person, Dr. Bismi Gopalakrishnan
Q & A Discussion time
Rapporteur Report and Vote of Thanks: Mrs. Rahmathunnisa C P
Lunch: 1:15 pm – 2.00 pm
Session 5: Group Discussion on Drafting of Policy Briefs – 2: 00 - 3: 00 pm
Valedictory Session: 3: 15 pm
Prayer
Welcome Address: Mr. Ajith Thomas
Presidential Address: Mr. A. Suhruth Kumar, Associate Professor, GLC Thrissur
Address of the Chief Guest: Shri. M B Rajesh, Member of Parliament
Policy Brief Presentations & Submission by Rapporteurs
Special address: Nithin Ramakrishnan, Fellow, CED&L
Vote of the Thanks: Miss. Athira Rajeev
National Anthem
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 22
AISC 1ST EDITION November 8 & 9, 2014
LIST OF ABSTRACTS
SESSION 1: INTERNATIONAL AFFAIRS AND FOREIGN POLICY
Paper 1:
An Analytical Consideration on India’s position in the Global Front- Can Economic
Restructuring expedite the momentum?
Viswajith Anand.S.S, Aruna Nandakumar, Government Law College, Trivandrum
According to Kevein L, (1993) the operation of Economic Restructuring literally means ‘a
structural change in the economy’. In classic economic terms, restructuring is more like the
process of natural selection. A transition from an existent arrangement of economic practice
should be philosophized with sturdy argumentations. Contrary to this belief, the deliberations
about the economic reforms in India will always end up in equivocal arrangements. An
efficacious examination on this substantial matter is very necessary.
The statistical reviews of many authoritative agencies are predicting that our country is in the
making of the next champion economy. They are exhibiting our progress in big complicated
numbers. After the implementation of the globalisation we only have success stories to tell,
we are holding the highest demographic dividend; the third largest economy respect to
purchasing power parity - these are some of the plus factors. At the very same time we are
not completely staying away from the issues and complications in the domestic and global
economic sector. The deceleration of global market, absence of a matured and sophisticated
practice in tackling market issues, Coherent challenges like: export- import duties and related
issues, exchange- rate administration, absence of a strategic coalition, climatic changes and
other environmental hazards etc are some of the challenges that we are facing. This sort of
irony points towards the debate of ‘Restructuring’.
In the 21st century, India became aware that traditional bilateral exchanges and cooperation
would be insufficient for it to be able to respond adequately to the challenges of the new era:
creating peace and prosperity in South Asian subcontinent; building a stable architecture for
peace and cooperation in Asia; and making a positive and meaningful contribution to global
governance (Arthur G., 1991). In 2004, India coined its international philosophy; as
“cooperative pluralism” (Rohan and David, 2011). According to (M. Wolf, 2010) India
enjoys a pivotal position in today’s multilateral forums, which is mostly due to its growing
economic strength, political stability and nuclear capabilities. Some of the factors restraining
India’s multilateral diplomacy are- the influence of Western vested interest groups, conflicts
and divergences between India and some countries hinder the implementation and
development of India’s multilateral diplomacy, conflict between diplomatic ideals and
national strength. The main subject matter and the objective of this study paper are to have a
rooted inquiry towards the aspect of economic restructuring in Indian economy with respect
to global scenario and pay an insight over diversified matters that justify the argument.
Paper 2:
Role of intra-regional trade in shaping India’s future
Sourav Das, Srejita Nandy, Symbiosis School of Economics, Pune
India holds an influential position in the South Asian region by virtue of its huge domestic
market, large volume of trade with the other developing and developed countries, and
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 23
AISC 1ST EDITION November 8 & 9, 2014
relatively decent GDP among all the others. After the 1990s, trade has become more
regionalised especially in Asia. India signing the SAFTA agreement indicates a major
progress towards a regional integration that would benefit all the participating eight South
Asian countries. Under this regional trade agreement, because of India, neighbouring nations
like Sri Lanka, Nepal, and Bhutan were greatly benefited. Three years back, Pakistan has
finally granted India the Most Favoured Nation status. Recent developments through greater
openness to trade have given a fresh impetus for the region’s prospects on economic
integration. But in spite of these changes towards progress India is still not able to tap the
potential growth that can be possible in terms of trade which therefore causes a lot of
handwringing about the slow pace. A lot of informal trade happens among India and its
regional trading partners which if taken into account can lead to growth and redistribution of
benefits in all these nations. Progress in this regional cooperation has been quite short of the
potential. Thus this paper focuses on the fundamental factors required for a better regional
integration in this region and also makes certain set of policy proposals for improving it.
According to various other studies conducted before, this paper also states the importance of
India’s human capital and its service sector in shaping the future of this RTA. In order to
initiate and hence move towards this major process, this paper also states that bilateral and
multilateral initiatives between neighbouring nations is the important stepping stone. Hence
SAFTA is not only beneficial for India because of its strategic importance in terms of
investment but also for fulfilling the development objectives of the other nations. Although
very easily said than done, natural and man-made attacks can act as a major hindrance to the
entire process. To bring about the gains from trade a positive view is required and multilateral
institutions, private players, government and civil society, whose boundaries are clearly
defined, of each country play a pivotal role.
Paper 3:
Towards Better Integration of SAARC Nations: Lessons from Indo-Srilanka Trade Relations
Malathi Murali, Department of International Law, The Tamil Nadu Dr. Ambedkar Law
University
As regionalisation takes charge of the global economic scenario, the trade practices and relations
between India and Sri Lankan has to tell many lessons, especially, for the SAARC countries for
their better integration and co-operation. Such an attempt to learn from those lessons and a better
understanding of those insights shall increase the cooperation and shall strengthen the trade,
economic and political relationship amongst the SAARC Countries. The study focuses to
identify the areas in which the States, under the blanket of SAFTA, can betterment their trading
relationship and expand their markets open for all other Countries and make use of the
development opportunities. The reciprocity and mutuality of advantages benefit all the
contracting States, including the bigger states, smaller ones, and even the LDCs.
Paper 4:
Determinants of FDI Inflows in India in the Globalization Era
Sayandeep Chattopadhyay, ISEC Bangalore & Srijani Chaudari, Symbiosis School of
Economics, Pune
In the Post Reform period, export led growth is a significant model for the developing
countries to boost their economy. Focusing on export promotion policies will lead to
development by eradicating various economic problems. There are numerous ways to
increase export. The most prominent one is export oriented FDI. It helps to enhance
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 24
AISC 1ST EDITION November 8 & 9, 2014
country’s manufacturing and global competitiveness. The paper concentrates on this idea by
trying to show empirically the effect of inward FDI on Indian manufacturing exports. The
study identifies the sectors and its sectoral competitiveness in the world market. It gives an
insight of the degree of involvement of inward FDI on overall Indian export performance.
The implication of the findings for Indian policy towards the encouragement of inward FDI
and the promotion of exports is discussed in the later part of the paper. Finally, it links the
development of this sector with the future progress of the country.
Paper 5:
Knowledge Based Economy And The New Global Order: New Dimension In India- EU
Strategic Partnership?
Sasmitha Mohanty, Centre for European Studies,Jawaharlal Nehru University, New Delhi
Today’s international political economy can be characterised as a “knowledge economy” or
“knowledge-based economy” where “knowledge has superseded traditional factors of
production, such as land, labour and capital, as the most important determinant of
performance in the global economy”(Guile, 2003: 86). In this new global knowledge
economy, the praxes of international relations are based on knowledge and information
creation and dissemination. While the European Union declared it to be a knowledge
economy at the onset of Lisbon Strategy, India is yet to be a knowledge-based economy
despite treading the path through success in services sector. This paper focuses on the
transformations in international relations with the emergence of knowledge economy as the
dominant global system where nations strive to achieve superiority over each other by
innovating and upgrading knowledge-intensive techno-economic system. Fundamental
questions addressed are whether India-EU relations can be strengthened on pillars of
knowledge based economy. One significant pillar that is emphasised is the pillar of higher
education and collaboration on the praxes of research and development.
Paper 6:
Coalition against ISIS – Diplomatic Reasoning on India’s stand
Ihsaan Meera E., Department of International Law, The Tamil Nadu Dr. Ambedkar Law
University
The talking point in the international arena for the past one month is ‘ISLAMIC STATE OF
IRAQ AND SYRIA’. The Islamic State of Syria and the Levant (ISIS) or, as it likes to call
itself, the “Islamic State,” has managed to allure Islamist fighters not just from the Middle
East but across the world. It is maintained that ISIS has become a menace not only for Iraq,
but it has its repercussions throughout the world. It is at this juncture, the Security Council
came out with Resolution 2170 on 19th September, 2014 speaking in virtually unison with
the U.S., President Barack Obama on 10th September, 2014 calling International Community
to impede, impair and incapacitate terrorism through a comprehensive and sustained
approach. India’s stand on ISIS has become crucial and involves a lot of diplomacy entangled
to it.
It is maintained that New Delhi would play a key bridge-building role in forming a global
coalition against ISIS. The US led anti-ISIS action was not commented upon by India to a
larger extent, the silence marked an apparent shift towards strategic convergence. The most
important take-away in the United States’ scheme of things from Prime Minister Narendra
Modi’s recent US visit was whether India would agree to American pleas to join the global
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 25
AISC 1ST EDITION November 8 & 9, 2014
war against the ISIS. However, stating ISIS threat as a major issue for India, foreign ministry
spokesperson Vikram Doraiswamy remarked "India is not joining the coalition," while
replying to the question if India would join the US-led strikes on the ISIS, which more than
40 countries have now pledged to join. But he emphasised that the two sides had agreed on
the need to deal with "travellers of terrorism" - radicalised people who travel to participate in
terror activities in West Asia. Thus, this paper seeks to analyse the following issues: (1) what
is coalition against ISIS and why India is reluctant to join Coalition against ISIS? (2) what is
Security Council’s stand on ISIS? (3) what are the strategies that can be taken by India at
international and national level in its counter against ISIS? (4) how India can fulfil its
commitment to international community in controlling the ‘travellers of terrorism’?
Paper 7:
Innovation and Technology Transfer To Address Climatic Change: Creating A Balance
Between IPR and Environment
Shalika Anna Herenz, National University Of Study and Research in Law, Ranchi
Climate Change is a complex problem and has been changing continuously. Emission of
greenhouse gases has perhaps become the most serious cause of climatic change. From the
First World Climate Conference of 1979 till the Bonn climate change conference of 2014
various strategies have been adopted to control emission. But in the absence of its significant
reduction in the global platform, the global average of the combined land and ocean surface
temperature data as calculated by a linear trend, show a warming of 0.85 [0.65 to 1.06] °C3,
over the period 1880 to 2012.
Member countries are currently negotiating a post-2012 agreement under the UN Framework
Convention on Climate Change (UNFCCC), guided by the Bali Action Plan (BAP), to set out
medium and long term cooperative actions on adaptation, mitigation, finance and technology.
Experts from industry, government and NGO’s have collaborated to synthesize on the role of
technology in mitigating climate change and thus securing a low carbon future. Innovative
green technology solutions can help in securing it by providing us with alternative energy
production, energy saving, or greener forms of transportation, agriculture and forestry.
The challenge is to enhance the environment for innovation, while enabling speedier
diffusion of these green technologies to all parts of the world. The International Chamber of
Commerce (ICC) strongly believes that IPR protection is indispensable in supporting growth
in technology innovation, development and dissemination envisioned by proposals for post2012 action. Against this background, this paper explores the role of IPR in technology
transfer. How the various IPR related conventions as well as the conventions on climatic
change are being balanced to achieve the goal of sustainable development without affecting
the rights of the innovators. And to explore the answers for the most debatable topic of
whether IPR is acting as a barrier to the transfer of climatic change technology?
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 26
AISC 1ST EDITION November 8 & 9, 2014
SESSION 2: DEVELOPMENT POLICIES: THOUGHTS AND FACTS
Paper 1:
Land Question and Mobility of the Marginalised: A Study of Land Inequality in Kerala, Yadu
C R, Centre for Development Studies, Trivandrum
Kerala’s widely acclaimed land reforms failed in wielding social equality. This paper tries to
understand Kerala’s land question in a social equity perspective away from the conventional
agrarian question approach. The paper shows that even after the much touted land reforms,
land inequality in the state stands very high whether measured in terms of overall distribution
inequality or social inequality. There is a process a considerable fragmentation and
subdivision underway rendering cultivation almost unviable. The increased land inequality
has significant stakes in the upward mobility of the marginalized sections of the society. Land
ownership turns out to be an important variable affecting the education level of households. It
is also proven that land reforms in the state widened the opportunities for occupational
mobility among the margnalised.
Paper 2:
Reviving Primary Sector
Priya Pallavi Oraon, National University of Study and Research in Law, Ranchi
The primary sector of the economy including agriculture, forestry, fishing, and mining makes
direct use of natural resources. The development of primary sector has been changing with
Intellectual Property rights as a means of progress and development like in other economic
sectors. IPRs have been working in the primary sector in several technologies in horticulture,
livestock and fisheries. These enterprises receive protection by breeder’s rights, patents,
trademarks, geographical appellations, copyright and industrial design, depending upon the
nature of technology. Protection of plant varieties, rights of the farmers and plant breeders are
also established. Protection by either one or a combination of different IPRs are working in
different fields including the mining sector. An argument has been raised that IPR is not
effective in development of agricultural sector. But the author shows contradicting side of the
argument as IPRs in agriculture transform the nature of agriculture, making it into a means of
capital and developments are noticeable. India is among the leading exporters of agricultural
products, with a trade surplus that has grown from USD 3.6 billion in 2000 to an estimated
USD 22 billion in 2013 (Global Trade Information Services, (2014). During the 2013-2014
Economic Survey presented before the Parliament on July, India’s GDP marginally improved
from 4.5 to 4.7 per cent and this growth was due to the growth in allied sector of agriculture.
Even in the world market India has a share of 16.3 per cent in milk production, contributes 10
per cent in world fruit production and exports of animal products represents an important and
significant contribution to the Indian Agriculture as well. In terms of employment agriculture
provides more than 50 per cent whereas Dairy sector is the secondary source of income for 70
million rural households.
With strengthened IP protection there would be increase in the flow of technology and
products from the developing countries and provide new incentives for local research and
innovation as well. The outcome of the agricultural produce, it’s processing and export
growth, could potentially grow but for this government initiatives are needed with better
policies for effective result starting from the domestic level itself. Now question arises how
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 27
AISC 1ST EDITION November 8 & 9, 2014
Intellectual Property Right along with government policies are going to work for enhancing
primary sector basically agriculture and its allied sector?
Paper 3:
India towards Socio- Economic Development: Decentralization of Workload to Achieve a
Balanced Economy, Neha B. Kamble, Manikchand Pahade Law College, Aurangabad &
Shrushti Kamble, Department of Economics and Statistics, Government College of Arts and
Science, Aurangabad.
This paper explores what is economy and what governs economy. In this respect a country
fetch the natural resources and human resources which give birth to workload. Traditionally,
in the present scenario, the economists stress on planning the economy and finance of the
nation and never concentrated on the very distribution of workload generated through the
resources available. This has given means to segregation of workload with feeble section of
the society to certain corporate houses in the nation, denying the work to the major section,
which has created havoc and a situation of inconsistency and imbalance in the economy. This
paper will highlight the consequences of this unequal distribution and deal with the aspect
that, to plan the economy, firstly the workload has to be specified and stress has to be laid
on to plan the workload distribution.
This article further emphasises on explaining the operative measures of workload generated,
mostly carried through consignments, what are these consignments and modes of its
operation. They can be stated as tender, lease, royalty, auctions, registrations, licence and
contracts, which covers the whole part of workload distribution and this covers services to the
aid of the nation. This will specifically be studied in terms of government ventures. This
paper will further explore that issues such as price hike or the rate inflation is never the
problem of the society, it is the paying capacity of an individual denied of him by not getting
him in the main stream of operative economy i.e. he is denied with the work to build up the
nation. To raise the paying capacity of the main resource i.e. individual human resources,
which generates economy, should be planned in such a way that every individual is offered
his share of economy through this workload.
.
The paper in its conclusion and suggestions will state legal solutions as an effective tool to
curtail this segregation of workload and plan and stress that much amount of work for every
individual so that he will be a part of the socio-economic development of India.
Paper 4:
The Nuclear Waste Management- A Hidden Peril Behind Nuclear Power Intervention, Ruby
Ismail, Sheethal M S
In the optimistic day of 1950s when nuclear energy was being developed to provide an
alternative to coal and oil for the energy to produce electricity, the management of final
disposal of radioactive waste was low on the list of priorities.
As India is envisaging to expand its civilian nuclear programmes from its current status, little
thought has been given to the regulatory framework for safe and environmentally acceptable
methods of disposal of radioactive wastes that would be generated. On its course of
accelerated development in the field of nuclear power programmes, it would not be ill-timed
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 28
AISC 1ST EDITION November 8 & 9, 2014
to vex about a detailed regulatory regime governing disposal of (a) spent nuclear fuel from
nuclear reactors; and (b) radioactive waste from the reprocessing of spent nuclear fuel. This
paper deals with the nature and classification of nuclear waste, their sources, treatment of
nuclear waste in India and for comparison, the way it is treated in four other states, the U S A,
France, Finland and Korea is also described. Those were selected as they all have active
nuclear programmes and are pursuing to different degree a solution to the long term disposal
of nuclear waste .The paper also addresses the instances of mismanagement of nuclear
wastes, the obstacles to the satisfactory strategy for management and the relative
consequences of mismanagement.
While the advances in science and technology continues to make this necessary technology of
nuclear safer and acceptable to public, a robust Legal Fame work has its own contribution to
sustain public confidence in the elements of public safety. With respect to the legal patronage
on the issue in India, the only definitive law on the above point is the Atomic Energy (Safe
Disposal of Radioactive Wastes) Rules, 1987. So the paper also concerns about the National
policies, the laws, regulations and the experience of the practice of the legal control of
nuclear waste as well as the loopholes involved in the legislative aspects on the issue of waste
management keeping in mind that the regulation of nuclear waste must be treated as a
primary object of law. The paper also suggests the policies that have to be incorporated in the
statutory level for ensuring and checking the safety of the system of disposal towards
attaining energy security and prosperity in the true sense of the term.
Paper 5:
FDI in the Retail Sector: How Prudent is this “Economic Reform” for the Indian Economy?
Sanchita Jain, Department of Economics, University of Cambridge, U.K.
The essay deals with the likely economic impact of foreign direct investment (FDI) in the
retail sector of the Indian economy. I begin the essay with an outline of the concept of FDI,
build upon the current scenario of the Indian retail sector and the proposed plan of action
taken in the direction of FDI that is likely to boost the economy. This is followed by an
economic analysis of the positive and negative impact of FDI. I conclude the essay by saying
that FDI will modernize the Indian society, however, at the same time will bear with it some
economic and social costs, which could only be checked if a proper safety net is created by
the government.
SESSION 3: SOCIAL ASPIRATIONS: WAYS AND WANTS
Paper 1:
Improper waste management in India: the Indian patent law to be blamed?
Akanksha Anil, National University of Study and Research in Law, Ranchi
Proper Waste management has an important role to play in today’s world, where if wastes not
treated properly can cause serious problems to the environment. Be it Srinagar, the beautiful
city lying on the banks of River Jhelum or Delhi, the capital of India, there is no city which is
not hit by the curse of improper waste management. The author keeps one eye on the problem
of waste management, while the other on the loopholes in the present system of granting
patents, which also can be attributed for the unscientific management of wastes.
Biotechnological inventions and Patent law will be dealt in the paper in relation to
environment protection.
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 29
AISC 1ST EDITION November 8 & 9, 2014
Natural microorganisms play a vital role in the protection and preservation of environment.
All biotechnological processes make use of the metabolic activities of microorganisms in
treating wastes.India, after ratifying TRIPS modified all its intellectual property laws
including patents law and started marching towards patenting of biotechnological inventions.
In the year 2002, India brought major changes in allowing patenting of products of chemical,
biochemical, bio technological process as well as micro-organisms. In the year 2005, India
recognized the Budapest treaty for the purpose of patent protection.However, there is no
formal bio-guidance as of yet with regard to biotechnological patent application. Some
reference in Manual of Patent Practice and Procedure (MPPP) is there but guidelines with
regard to biotechnological inventions are inconsistent and inadequate. Pertinently there is no
mention of word gene or DNA in Patents Act, 1970, nonetheless, MPPP serves as an informal
written guidance for and is not a binding document. The biological material such as
recombinant DNA, Plasmids and processes of manufacturing are patentable provided they are
produced by substantive human intervention. Gene sequences, DNA sequences without
having disclosed their functions are not patentable for lack of inventive step and industrial
application. The protection afforded to biotechnological inventions is sensitive and complex
and has given rise to several technical and ethical issues.
In the light of this issue the author aims at discussing the problem of waste management and
what role the present patent law plays in worsening the situation by adopting a stringent
system for grant of patents. The paper has been divided into six sections. The first section
tries to portray the present situation in India which calls for strong steps to be taken for
proper waste management, the second section portrays lack of technological development as
one of the reasons for improper waste management, the third sections deals with the
importance of patent, fourth section showcases biotechnology as a panacea to the problem of
waste management ,the fifth section looks into the history of patenting biotechnological
inventions in India, the sixth section deals with how the present patent system in India poses
problem to the inventors .
Paper 2:
Employment for the Baby Boomers of India - Review of Government Policies for Job
Creation
Devika Kannan, Symbiosis School of Economics, Pune
A wise man in one of the Development Institutes once told me “After security of life and
property, the most visceral driver for winning at politics is the provision of jobs. Everything
else: health coverage, decent house, education, Gulati’sfamous butter chicken can be all
bought with money in pocket.” The study here tries to find out that how hard have Indian
government tried to provide jobs. The study in the first chapter refers to the Demographic
Transition Model and through the model tries to find out which phase is India’s demography
in and whether India is going through a phase of Baby Boom. The second chapter mentions
the policy of Population Control and measures taken to adopt it. Otherpolicy embraced by
Indian Government to provide employment to the Baby Boomers by focusing attention on
sectoral growth is also critically discussed.There is a mention of the policy of Population
Control in this chapter because it is a complementary policy to the policies of job
creation.The third chapter includes examples of successful measures adopted by other
countries in same situation and conclusion.
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 30
AISC 1ST EDITION November 8 & 9, 2014
Paper 3:
An Account of the Third Gender: Exclusion by Birth
Shrabana Mukherjee, Omkar Raut, Symbiosis School of Economics, Pune
The paper intends to investigate the overall situation of transgender in India in the present
scenario looking at different tenets like social, economic and political factors related to them.
For doing this, the paper looks into the two important rulings of Supreme Court on
Transgender i.e. Recognition of the third gender and overruling the judgment of Delhi High
Court on Section 377 of Indian Penal Code. These two decisions had a great impact on the
situation of transgender in India. Moreover, the secondary analysis also delves into the
theoretical studies done on the social, economic and political impact on transgender
community due to various reasons.
The primary analysis of the paper relies on the data and work of an NGO done on a large
scale in Maharashtra. Also, the authors interviewed some Transgender individuals to
understand the ground reality of the transgender community in Pune and in general. Some
key findings of the primary analysis have been that most of the individuals in the transgender
community are illiterate and rely on sex work as their basic profession. This has been a result
of a total neglect by the state authorities towards transgender community at large.
In the end, the paper attempts to connect the ground reality and the theoretical precedents to
bring out some feasible policy recommendations that can be implemented by the state
authorities in the future for alleviation of the transgender community.
Paper 4:
Solid Waste Management in Pune: From Garbage to Gold
Sunidhi Jain, Surabhi Hegde, Symbiosis School of Economics, Pune
With uncontrollable urbanization and surging rise in economic activities comes along a huge
mass of waste; the byproduct of mere existence and growth. Its pollution and health
implications are well known but it affects the economics of a state too. When the capital of
the nation, Delhi alone produces around 8000 tons of waste per day and as other cities grow
on the same lines, waste management is seen as a huge municipal responsibility. But the
overburdening of the implications has called in for greater concerns and addressing.
Ignorance to the issue of waste management can have plaguing repercussions to the society at
large.
Pune is the seventh largest metropolis in India and second largest in the state of Maharashtra,
producing 3500MT MSW per day. The city has showcased great examples of role of civil
societies and NGOs in vouching and working for the cause. Solid waste is often debated to be
gold rather than garbage, on the same idea Pune has been able to bring the phrase to reality
with projects processing a huge chunk of the city’s waste. The PPP model of “waste to
energy” and cases of NGOs would be considered in the paper. These NGOs have also been
contributing in bringing up the safety and welfare standards and practices for the waste
pickers in the city; these efforts have eventually contributed towards a well knit, well planned
social structure improving the plight of the socially excluded. An evaluation regarding
implementation of such measures for larger setups in the country would be analyzed.
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 31
AISC 1ST EDITION November 8 & 9, 2014
The paper aims at analyzing the economics behind waste management. It makes a study of
market value of waste and its usage in economic output in various forms; like energy
generation, composting etc. There are many socio-economic implications of the problem and
if handled in the right sense, there exist social and corporate benefits from it. The path
leading to the conclusion includes data analysis of waste generated by various cities in India
and its analysis in the light of efficient waste management.
Paper 5:
Manual Scavenging: The Most Inhuman Form of Labour
Parth Agarwal, Jatin Sardhana, Sauhan Rabeez, Symbiosis Law School, Noida
This Dissertation analyses the “Manual Scavenging: The most Inhuman form of Labour”. In
the context the failure of Indian laws, acts, rules and enactments in curving out the practice of
Manual Scavenging is highlighted. Special focus is put to compare its past with regards to the
present scenario. The dissertation will show the failure of ‘The Employment of Manual
Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993’ and ‘The Prohibition
of Employment as Manual Scavengers and their Rehabilitation Act, 2013’ in eradicating this
practice from fringe level grassroots. The current issue reported on September 16, 2014 about
the effects of the ongoing practice in Chennai is also discussed in the paper thus, proving the
existence of this practice. The distinction is made between the Manual Scavengers and
SafaiKaramchari is pointed out. The views, vision and notion of Mahatma Gandhi is also
taken into consideration. The relation of scheduled caste, tribe and other backward caste with
this practice is shown by the statistical data. A vital study about the census report of 2001 and
2011 elaborating the current position of the workforce employed in this practice is revealed.
A deep criticism is overwhelmed on the encouragement provided by the governmental
institute (especially departments like railway, defense and ministry of industry), as they
employ workers to removal of human and animal excreta using brooms, small tin plates, and
baskets carried on the head. The great need to accomplish this ban is proved by giving
constructive arguments, logical reasoning and need for social well being for labours involved
in this inhuman and indecent profession. The paper also throws some light on the cause and
aftermath possible solution to the Burning Question “How to free Indian labours from the
practice of Manual Scavenging?” The paper will be the first to provide an alternative
solution to the practice of Manual Scavenging where flush or sanitary toilets are not available
thus, providing a solution to this labour problem.
Paper 6:
Budget Analysis of Schedule Caste and Schedule Tribe: A Case Study of Pune Municipal
Corporation
Priyanka Kumari, Symbiosis Law School, Pune & Monika Sweety, Annamalai Open
University, Chennai
Dalits are socially and economically the most deprived sections in India. Majority of them are
either casual labourers or depend on agriculture as their primary occupation. Even after six
decades of independence and a decade post-globalization, the socio-economic condition of
the Scheduled Caste or Dalits has seen only a diminutive rise. Still today, the so called lower
caste group are humiliated and ill-treated every now and then by their superior counterparts.
Variety of Government initiatives ranging from special laws to specific programs could not
help this group overcome the social stigma attached to them. Even the redress mechanism has
poorly performed so far. 15.71% conviction rate and 85.37% pendency under SC/ST
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 32
AISC 1ST EDITION November 8 & 9, 2014
Prevention of Atrocities Act, itself tells the dismal state. Caste based encounters, honour
killing, discrimination at workplace, ragging in colleges, partiality by teachers and rapes have
become almost daily phenomena, the inhumane practice of untouchability is still prevalent in
some parts of South and North India.
To directly target the deprived sections the GOI started Tribal Sub-Plan (TSP) in the 5th FYP
and Special Component Plan, now Scheduled Caste Sub Plan (SCSP) in the 6th FYP. The
TSP/SCSP, also known as dalit sub-plan, mandates that the Centre and states should set aside
funds for welfare of ST/SCs in proportion to their population. The idea was to strategically
bridge the gaps of development through authoritative allocation of resources in the Sub Plans.
Unfortunately, data reveals that the status of implementation of TSP/SCSP is gravely
deficient at both centre and the state level. Most recent is the example of the Union Budget
2014-15 which should have allocated Plan funds under the Scheduled Caste Sub Plan (SCSP)
and the Tribal Sub Plan (TSP) in proportion to the population shares of SCs (16.8%) and STs
(8.7%). However, the allocation is only Rs 50,548.16 crore (8.79%) for SCs and Rs
32,386.84 crore (5. 63%) for STs.
The biggest problem has been the diversion of funds for non-dalit welfare measures. Due to
lack of water-tight separation of dalit and non-dalit funds are often derailed towards general
works like roads, hospitals, schools and parks that are used by all irrespective of their caste.
Besides diversion of funds, the other reasons for the SCSP/TSP’s failure are inadequate
allocation of funds proportionate to the SC/ST population, poor identification of schemes and
faulty service delivery systems etc. As per the 12th the ambit of the Municipal Corporation,
one of the functions is social welfare and poverty alleviation. The upliftment of Dalits is a
social welfare function that should be the responsibility of every Municipal Corporation. The
Pune Municipal Corporation has taken initiatives in the right direction by mandatorily
allocating certain percentage of their budget for the SC/ST population of the city.
In 1992-1993, the Pune Municipal Corporation (PMC) voluntarily dedicated 5% of its total
budget towards STs/SCs and since then the custom is continuously being followed. But the
recent trends show that not even as much as 5% of the total budget of the Corporation is
allocated towards the Dalits. The objective of the paper is to understand the process and
rationale behind formulation of Budget for the SC/ST, examine the details of works and
schemes proposed under the SC/ST fund of PMC, analyze the schemes/ policies designed for
development of Dalit girls and women, the most marginalized group that exists in India, and
bring out a set of recommendations based on the outcome of the study.
SESSION 4: MATTERS OF GOVERNANCE: PRINCIPLES AND PARADIGMS
Paper 1:
Right to Hearing: A Rajasthan Initiative
Nirun R N, Kerala Law Academy, Trivandrum
While electing a new Government, people have many aspirations over them. Public servants
have an obligation to implement the schemes and policies of the Government. They act as a
mediator between government and public. The change in the philosophy of State from laissez
faire to welfare concept increased the power of the executive authorities. As power widens,
there are more chances to misuse or abuse it. Corruption, undue delay, red tapism, favoritism
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 33
AISC 1ST EDITION November 8 & 9, 2014
etc. are the present curses of the public service sector in India. People may be aggrieved by
the administrative actions. They may have complaints over the public servants. Need for
legislations to control the public servants or executive branch of the State is thus a necessity.
Laws like Right to Service Act have been passed in our country by many states to ensure
efficiency of public service sector. The Rajasthan Right to Hearing Act, 2012 passed by the
State legislature of Rajasthan is unique in its kind. The Act provides for the right of hearing
within a stipulated time on any grievance or complaint regarding governance. It ensures the
redressal of the complaints of citizen at a place near to their residence. It proposed the
appointment of Public Hearing Officers for the purpose. It also provides for the establishment
of Information and Facilitation Centers for the public. The Act is preceded by the Rajasthan
Public Service Guarantee Act, 2011 and the 2011 Act is strengthened by the later. There may
arise some practical problems while implementing the RTH Act. The other States can also
adopt the RTH Act by rectifying the defects arising from the application of the Act. States
like Kerala have a plan to implement the same in their territory. However discussions are to
be held for finding the defects of the Act, and find solutions for them. The present paper
intends to initiate the same by analyzing the various aspects of the Rajasthan Right to
Hearing Act, 2012.
Paper 2:
Participatory Budgeting: A Case study of Pune Municipal Corporation
Sebin B Nidhiri & Athreya Mukunthan, Symbiosis School of Economics, Pune
India is a federal system with a three-tier government. The central, state and local
governments are envisioned to divide responsibility and authority to ensure that decisions are
taken at the right levels. The importance of the local body in this framework is high, but also
highly neglected. Local bodies have the highest direct impact on the citizens. If the 20th
Century was the century of science, the 21st century would be the century of cities. Cities
have now become the centres of growth. People identify with cities more than with states.
People vote with their feet by moving to cities that provide better employment, better public
utilities, lower cost of living, more opportunities and in short a better life. A quick look at our
environment shows that most of our immediate needs are influenced by the local government.
From the water connection to the bus service to waste collection to providing street lights are
all under the mandate of the Urban Local Government/bodies (ULBs). ULBs have to make
sure they identify the people’s needs and fulfil them.
Participatory Budgeting is a measure which ensures that people’s needs are addressed and
their participation in governance increased. It is a democratic process in which community
members directly decide how to spend part of a public budget. The concept of Participatory
Budgeting was first initiated in Porto Alegre, Brazil in 1989. It is to be noted that the city was
marred with inequality with high number of slums, lacking even water. Participatory
budgeting was one of the creative and experimental ideas to be introduced in the city to
improve the situation. World Bank acknowledges that this reform has had a direct impact in
the improvement of service delivery mechanisms in the city.
In India, the concept of participatory budgeting has not been explored much. The only one
shining example is the city of Pune, where this initiative had been started in 2006. Though
having a mixed response over the years, with a lot of support of the civil society, the year
2013-14 has seen a drastic increase in the participatory budget allocations of Rs 10.66 Crore
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 34
AISC 1ST EDITION November 8 & 9, 2014
over the previous year. This paper traces the history of participatory budgeting in Pune and its
current status and expounds the process. This paper uses primary data collected by way of
key interviews with Pune Municipal Corporation officials and Participatory budgeting
activists and a sample survey of residents of Pune. We identify the costs and benefits and the
major hurdles to establish such a system. The reach and change in people’s participation in
governance due to participatory budgeting are critically analysed. We also look at the impact
of people participation which may have positive and negative effects on cities. This case
study also helps us to look at participatory budgeting as a means of improving people’s
participation leading to more effective governance and also at the idea of implementing it in
other Indian cities too.
Paper 3:
Judicial Appointments: An Unending Saga
Karthikeya Joshi, Aditi Chanda, Symbiosis Law School, Pune
The Indian judiciary is the bulwark of Indian independence and the guardian of the rights of
the people. It has offered respite from the excesses of the executive. An autonomous and
transparent judiciary is the sine qua non of a healthy democracy. The professionalism and
integrity of the judiciary has been renowned yet this trust has been subjected to fluctuations
and unsavoury criticism in recent times. The integrity of the judges was questioned by the
initiation of impeachment proceedings against Justice Dinakaran and Justice Soumitra Sen
and the recent disclosure of Retd Justice Katju in a leading newspaper. The instances are too
many to cite.
The current method of appointment of judges to the higher judiciary owes its existence to the
judgment of the Supreme Court in 1993. The ruling wrestled from the hands of the executive
the final say in the matters of appointment. The judgment has been criticised as an instance of
judicial activism and over-reach by rewriting the constitutional arrangement enumerated in
Article 124 and 217 and giving the upper hand to the judiciary in matters of judicial
appointments.
The condemnation of the system of “judges appointing judges” has yielded to the National
Judicial Appointment Commission (NJAC) bill. The bill, though an endeavour in the right
direction nevertheless suffers from glaring lacunas. No definition of eminent persons,
opaqueness in the procedure of filtration of candidates at every stage of appointment, want of
qualifications for the judges, are the lacunas in the proposed bill that still need to be
addressed. Apprehensions are rife that veto power vested with the members of NJAC might
lead to a deadlock between the executive and the judiciary. Furthermore, not establishing the
commission through a constitutional amendment leaves the way open for future governments
to modify the law easily.
The need of the hour is a complete overhaul of the process of appointment of judges by
entrusting a full time independent body with the task of appointments and transfer. This
would herald transparency and play a decisive role in bringing down pendency, a malady that
continues to plague the judiciary. The UK and many other countries now have full time
independent judicial appointment commissions which invite applications and nominations
which are then comparatively evaluated on laid criteria. It is fitting and desired that path
breaking and expeditious changes in the system of appointments are introduced to strike
equilibrium between autonomy and transparency.
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 35
AISC 1ST EDITION November 8 & 9, 2014
Paper 4:
A Perspective Analysis On e-Governance: Policy Paralysis And Implementation
Bhagyalakshmi R, Government Law College, Ernakulam
With the search for effective parameters on good governance, India was globally influenced
and had structurally constructed a new paradigm ‘e-Governance’ with its focus on the use of
Information technology to bring public services at the doorsteps of the citizens. The realm of
possibility of this concept is largely influenced by the revolutionary changes in the
Information technology. Even though the economic policies so far supported the state, the
future endeavours needs much support which are well promised by this agenda since it
mainly visualises interaction between the Government and its citizens, through its citizens the
interaction of government and business enterprises and on final account it tends to reduce the
issues of recent concern, corruption and cost management fruitfully. Thus the policy
encompasses within itself an ideal government with more efficiency, transparency and
accountability.
Though the State stood 58th in the e-Readiness Assessment report of 2010, the impact
remained dormant in the statistical record since the implementation of the policy is at stake.
The major challenge faced is that of uneven distribution of the benefits of governance as the
common man has no frequent access to the IT world. Further there are no proper regulatory
measures coupled with hesitation of the concerned departments to internalise the changes.
Moreover the cost of management and the state wise difference in the level of e –readiness
affects the overall fulfilment of the object.
The projects on e-governance are very crucial in the present scenario as it give effect to
transformation of government with good governance and delivery of public service. It mainly
concentrates itself on providing information, improving efficiency of services and
transaction. Since the citizens are more close to the local government, it should be made an
interface for all the implantation process. Further ample aid of public and private partnerships
shall be relied on without compromising the security and social concerns of the State. In the
extended view statutory measures shall be invoked for proper regulation of the policy and its
implementation. In total the concept is a really a step forward for bringing in a nation with
good governance.
Paper 5:
Half a Federal Country, Thus Issues and Recommendations
Navin Kumar, M. S. Ramaiah College of Law
The decentralisation of power from Center to the smaller units i.e. States establishes a
guardian ward relationship between the two. Though the Constitution provides for a Federal
form of government it describes India as a ‘Union of States’. The willingness of the
Constitution makers remains under doubt weather they wanted a federal relationship between
the two or a unitary one. The term ‘Union of States’ implies that the federation is not the
result of an agreement between the independent states and nor the units can leave the
federation.
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 36
AISC 1ST EDITION November 8 & 9, 2014
The Constitution provides for federal features to govern the relation between center and state.
The makers of Constitution have taken care as to avoid repugnancy and conflict between the
two. A written Constitution defining the Structure, Organisation and Power of Central as well
as of the State Governments. At the same time makers of Constitution envisaged provisions
making the Country a lesser Federal and more of a Unitary. Creation of a very strong center
and absence of separate constitution for each state discourages the Federal idea.
On account of the presence of large number of both federal and non federal features, the
governance and relation between central and states can be called ‘Quasi-Federal’. Due to
provisions specifically neither federal nor unitary, and thus conflicts occur and the occurrence
is very much obvious. A recent issue arose in Gujrat in 2012 when the center took away the
state government’s right of laying gas pipe-line saying it fell under centers jurisdiction. The
decision of center was later challenged in Supreme Court. This was a bitter instance of
conflict and the judiciary had to abridge the lockout. It can be possible that such instance
occurred due to different political influence at the two level but the problem persists even in
general as it happened in Telangana where the Congress party stood on both the levels.
Sarkaria Commission was setup in 1983 to examine the relationship and balance of power
between the state and central government and recommend changes within the framework of
Constitution. It is widely accepted that the recommendations went unimplemented. However,
the relations sometimes upgrade and sometimes degrade. The fundamental of good relation
lies upon Co-operation and Co-ordination. It is very much natural to have divergent views but
it is more needed that such divergence end up in bringing creative ideas and better policies in
the interest of the country.
Our Authors and Paper Presenters
Akanksha Anil
Student,
National University of Study and Research in Law, Ranchi
mail her at: anilakanksha51@gmail.com; akankshaanil2@gmail.com
Akanksha Anil is pursuing 4th year (7th Semester) of the BA. (Hons.) LL.B (Hons.) course
with Intellectual Property Rights as the honors subject. She participated in National Moot
Court Competition, conducted by School of Law, Christ University in 2012. And she also
qualified the memorial rounds and participated in the oral rounds of Oxford India Moot Court
Competition 2014-2015.
Aruna Nandkumar
Student , LL.B
Government Law College, Trivandrum
mail her at: krishna93nandkumar@gmail.com
Aruna is a 4th BA.LL.B student at Government Law College Trivandrum. Her research
interest includes a variety of themes especially in the field of law and developmental
economics. She holds an exclusive enthusiasm over intellectual property rights and
participated in various conferences of both national and international acclaim. An exceptional
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 37
AISC 1ST EDITION November 8 & 9, 2014
mooter and debater, who proved her talent by winning numerous accolades and citations of
wide reputation.
Athreya Mukund
Masters Student
Symbiosis School of Law, Pune
mail her at: athreya.mukunthan.2013@sse.ac.in
Athreya is currently a student of Symbiosis School of Economics, Pune. Athreya did a
number of paper presentations and research works. Also volunteered for several NGOs,
Athreya is action oriented and result focussed.
Bhagyalakshmi R
Student, B.A.L LL.B
Government Law College Ernakulam
mail her at: bhagyam.laxmi123@gmail.com
A final year student at Government Law College Ernakulam - she has participated in many
seminars and conferences and has won many accolades in moot court competitions and
legislative drafting competitions.
Devika Kannan
Masters Student
Symbiosis School of Economics, Pune
mail her at: devikakannan.7@gmail.com
Devika is a masters student of Msc. Economics at Symbiosis School of Economics, Pune.
She has done volunteer work with NGO named Door Step School, Pune. She participated in
National Young Social Entrepreneurship Competition organized at national level by an NGO
named Bhumi in 2014. In the same year she won Sir Visvesvarya Memorial Debate
Competition. She also presented a paper on comparative analysis of health policies in India
and USA in the year 2013. She has successfully completed a research work on the topic
"Limitations of Free Education in India ".
Ihsaan Meera E.
M.L. scholar, Dept. of International Law and Organisations,
Tamil Nadu Dr. Ambedkar Law University,
mail her at: meera.soel@gmail.com
She completed her graduation in law, from School of Excellence in Law, Chennai and her
current research interests predominantly includes Islamic law and its relationship with
International Law, and Family Law. Renowned for anti-alcohol and anti-smoking campaigns
in Chennai District, Tamil Nadu, she had also undergone internships with many legal firms
like Intellectual Property Rights Attorney Rights Association, and Indus associates. She has
presented papers in various conferences and academic seminars. She had assisted in the geographical indication certifying processes for the Nagercoil Kuthuvilakku, Thanjavur Veena,
Thanjavur Art Paintings, Madurai Malli, and Kanchipuram Silk.
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 38
AISC 1ST EDITION November 8 & 9, 2014
Jatin Sardana
Student, BBA LL.B
Symbiosis International University
mail him at: jksardana13@gmail.com
Jatin is presently pursuing BBA LLB at Symbiosis International University Pune. He is an
active member of green earth and ALOK. He had participated in symbiosis model united
nation 2014.
Malathi Murali
M.L. scholar, Dept. of International Law and Organisations,
Tamil Nadu Dr. Ambedkar Law University.
mail her at: malathimurali91@gmail.com
She completed her graduation in law, from School of Excellence in Law, Chennai, and has
won many accolades in various academic writing competitions. Her major works are in the
areas of Foreign Direct Investment in the small scale retailing, and Gandhian Philosophy. An
ardent legal awareness campaigner, she was an internee to State Human Rights Commission.
She is currently focussed in specialising International Trade Aspects and law as she pursues
her M.L. degree at the university.
Neha B Kamble
Student,
Department of Economics and Statistics,
Government College of Arts and Science, Aurangabad
mail her at: nehabkamble27@gmail.com
Neha is a skilled in research, analysis and graphic designing. She is experienced with
qualitative and quantitative data collection and analysis. She possesses strong verbal
communication skill. Also has computer proficiency. She holds advanced diploma in German
language. She did a project on working of consumer forums in Maharashtra-pendency
disposal of complaints and remedial measures. She was the Best female speaker and runner
up team in M. K. Nambiar moot court competition. Also she was the best advocate and
winner team for state level moot competition in the year 2012. Currently working as an intern
in Law commission of India, New Delhi, she has volunteered on role of advocates in 2011.
Nirun R.N.
Student,
Kerala Law Academy, Trivandrum
mail him at: nirunrajendran@gmail.com
Nirun has received a wide appreciation for his paper at National Seminar on Amendments to
Consumer Protection Act 1986. He has presented a paper in National conference on
"Changing Role of Media" at School Of Law, Bangaluru. He is an ace mooter and has
represented his institution in various national and state moots. He was also an active member
in International Law Conference on Conservation of Forests, Wildlife and Ecology held at
Law Academy Law College, Trivandrum.
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 39
AISC 1ST EDITION November 8 & 9, 2014
Omkar Raut
Masters Student
Symbiosis School of Economics, Pune
mail her at: omkar.raut.2013@sse.ac.in
He is a student of Msc. Economics at Symbiosis School of Economics, Pune. He was
Awarded Outstanding Student of the year 2012-2013 in Symbiosis School of Economics. His
article "Philanthropic Trend and Social Change in India" was published in the college
magazine.He have done paper on "Globalization and Financial Flows" and it was selected to
the National level seminar held by Neothesis conference of St.Xavier's college, Mumbai.
Parth Agarwal
Student, BBA LL.B
Symbiosis International University
mail him at: parth8271559306@gmail.com
Parth is presently a student of BBA LLB of Symbiosis International University, Pune. A State
runner up in table tennis, he is also a member of school parliament and inter school winner in
debate competition.
Priya Pallavi Oraon
Student
National University of Study and Research in Law, Ranchi
mail her at: pporaon@gmail.com
Priya is a 4th year student of NUSRL, Ranchi. She was part of the organising committee in
the National Seminar on Chotanagpur Tenency Act and in the National Seminar on "Judicial
Review of Legislative Power And Privileges" - which was a constitutional quandary
conducted by National University of Study and Research in Law, Ranchi. She was an active
member of "Centre Study and Research in Tribal Rights" at NUSRL.
Ruby Ismail
Student,
School of Legal Studies,
Cochin University of Science and Technology
mail her at: rubybluebells@gmail.com
She is a 4th year student of B.B.A LL.B at School of Legal Studies, CUSAT, Kochi. She has
attended a seminar on Crpc Amendments 2013conducted by Kollam Bar Association on 8th
march 2013.And attended a seminar on Company Law Amendments 2012 conducted by
School of Legal Studies, CUSAT.
Sanchitha Jain
Department of Economics,
University of Cambridge, UK
mail her at: sanchithajain@hotmail.com
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 40
AISC 1ST EDITION November 8 & 9, 2014
She is currently a student of University of Cambridge. Her research paper titled "FDI in the
retail sector: how prudent is this economic reform for the Indian economy" have been
selected for presentation at the 3rd International conference on global business, economy,
finance and social sciences 2014. She also did volunteer works for Sounds of Silence, New
Delhi. She also did a project work called econometrics to estimate the economic returns to
education. She secured 6th overall rank for her undergraduate B.A (H) Economics from Shri
Ram College of Commerce (SRCC), in the year 2012.
Sasmita Mohanty
Research Scholar at Centre for European Studies, School of International Studies,
Jawaharlal Nehru University.
mail her at: sasmitamoh@gmail.com
A management faculty with over 7 years’ experience in teaching human resource
management, she is an associate consultant with leading training and coaching firms. With a
keen interest in research on higher education and knowledge economy, she has presented
papers in many international conferences including few in Europe as part of the PhD research
as well as management teaching assignments. She has also published research papers in
international journals and periodicals. After submission of PhD thesis, currently she is writing
a book on knowledge economy.
Sayandheep Chathopadhyaya
Masters Student
Symbiosis School of Economics, Pune
mail him at: sayandeep.chattopadhyay.2012@sse.ac.in
Sayandheep studies Master of Science Economics (International Trade). He has presented a
research paper on “Cotton Reforms, WTO and India” at a student seminar adjudicated by
Dr.Sajal Mathur; Professor, Centre for WTO studies, Indian Institute of Foreign Trade. He
has successfully completed National Workshop Program Course on “Panel Data
Econometrics” under the guidance of Dr.S.K.Mathur. He was awarded by Symbiosis School
of Economics for taking extraordinary initiatives in “Institution Building”, (2014).
Sauhan Rabeez
Student, BBA LL.B
Symbiosis International University
mail him at: sauhanrabeez123@gmail.com
Sauhan is presently a student of BBA LLB of symbiosis international university, Pune. He
was the district basketball team player and also individual champion for school level. He also
secured second prize for extempore English.
Sebin B. Nidhiri.
Masters Student
Symbiosis School Of Law,Pune
mail him at: sebin.nidhiri.2013@sse.ac.in
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 41
AISC 1ST EDITION November 8 & 9, 2014
Sebin is currently a student of Symbiosis School of Economics, Pune. He is a vibrant scholar
with several presentation and publication to his credit. He has presented a paper on
"Comparative Study of industry in Gujarat and Kerala as a consequence of their respective
state policies" in Loyola college, Chennai. He is ‘All India 12th 0.01%’ certificate holder for
Sanskrit (class X). He was the campus ambassador for Pune city, Young India fellowship.
Sebin was the conference co-convener for national symposium on PURA. He was also
elected as chief editor of Loyola press club which publishes the mouth piece of Loyola
College the ‘Sterling Post’. He was also the event secretary of Loyola entrepreneurship
development cell. Sebin has secured first place in National Level Youth Parliament
competition held by KVS.
Shalika Anna Harenz
Student,
National University Of Study and Research In Law, Ranchi
mail her at: sannah1592@gmail.com
She is a fourth year of National University Of Study and Research In Law, Ranchi. An active
member of NUSRL’s Center for Study and Research in Tribal Rights. She is also a member
of the research committee of “Center for Study and Research in Intellectual Property Right”
at the university. She has attended various workshops and lectures. She has a vibrant work
experience through internships and other work experience.
Sheethal.M.S
Student,
School of Legal Studies,
Cochin University of Science and Technology
mail her at: sheethalms999@gmail.com
She is pursuing her 4th year B.B.A;LL.B at School of Legal Studies, CUSAT, Kochi. She
had actively participated in programs organised by Kerala Legal Services Authority and
attended the sensitization programme on mediation conducted at High Court of Kerala.
Participated in seminar on "Socio-Economic Rights:Challenges For Its Realization"
Organised by Justice V R Krishna Iyer Chair on Human Rights, held at School Of Legal
Studies, Cochin.
Shrabana Mukherjee
Masters Student
Symbiosis School of Economics, Pune
mail her at: shrabana.mukherjee.2013@sse.ac.in
She is pursuing Msc.Economics at Symbiosis School of Economics, Pune. She has prepared a
detailed term paper on Foreign Direct Investment in India: A Comparative Study. The study
required detailed literature review and analysis of secondary data. She have secured third
rank in paper presentation on 'India and China:Growth Trajectories Ahead', organized by
Symbiosis School of Economics. Her proved academic career is well adorned by excellence
as a Khathak dancer.
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 42
AISC 1ST EDITION November 8 & 9, 2014
Shrushti Kamble
Student,
Department of Economics and Statistics,
Government College of Arts and Science, Aurangabad
mail her at: shrushtik170@gmail.com
Shrushti is currently pursuing Bachelor of Arts. She did presentations on inflation and its
trend in Indian economy, on food security bill, mercantilism etc. She volunteered for
statistica 2012 and regional disparities in agricultural development. She has good organizing
skill for management of events, she did social works for stray animals in an NGO.
Srejita Nandy
Masters Student
Symbiosis School of Economics, Pune
mail her at: srejita.nandy.2013@sse.ac.in
Srejita Nandy is a final year student of Masters in Economics from Symbiosis School of
Economics, Pune affiliated to the Symbiosis International University. She is doing her
specialisation in International Trade. She has completed her graduation in the year 2013 from
Dinabandhu Andrews College, Kolkata which is affiliated to the University of Calcutta.
Srejita has at the Indian Statistical Institute, Calcutta conducting secondary quantitative
research on “The Saga of Indian Steel Industry: A post-liberalisation analysis”. Other than
this she has been also associated with Thermax Social Initiative Foundation in the area of
primary research. (Assessment of English reading and comprehension capabilities of Pune
Municipal Corporation school students) Other than Economics Srejita has a passion for
classical dance. (Katthak)
Srijani Chaudari
Masters Student
Symbiosis School of Economics, Pune
mail her at: srijani.chaudhuri.2013@sse.ac.in
She is pursuing Master of Science Economics (International Trade). A young scholar with
wide achievement including best paper presentation in all India Economic Confluence-2012,
held at St. Xavier’s College, Kolkata. “Inflation in India, Recent Trends and Policies”. Her
paper was in the top ten papers in National Declamation Contest- 2014, organized by
Symbiosis Institute of Management Studies, Pune, in association with National Foundation
for Corporate Governance and also selected among the top ten papers in all India Economic
Confluence-2011, held at St. Xavier’s College, Kolkata. She has published various papers on
the role of Public Sector in Indian Economy and in unaccounted value in national income.
Sourav Das
Masters Student
Symbiosis School of Economics, Pune
mail him at: sourav.das1.2013@sse.ac.in
Sourav Das is a final year student of Masters in Economics from Symbiosis School of
Economics, Pune affiliated to the Symbiosis International University. He is doing his
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 43
AISC 1ST EDITION November 8 & 9, 2014
specialisation in International Trade. He has completed his graduation in the year 2013 from
Scottish Church College, Kolkata which is affiliated to the University of Calcutta. Sourav has
previously been involved with research projects at the National Institute of Urban Affairs,
New Delhi under the Ministry of Urban Development working on the “100 Smart Cities” an
initiative by the Government of India. He has also worked on primary and secondary research
projects for Teach for India and Thermax Social Initiative Foundation. Other than
Economics, Sourav has a passion for photography and travelling.
Sunidhi Jain
Masters Student
Symbiosis School of Economics, Pune
mail her at: sunidhi.jain.2013@sse.ac.in
She at present is a student of M.Sc Economics at Symbiosis School of Economics, Pune. She
has also volunteered with TEACH FOR INDIA for primary data survey of Pune municipal
school corporation schools. She was a part of a research team on "Money markets and its
relevance in classical and modern economies". She have secured second position in interdistrict, table tennis tournament and she is an arch debater with several success in her credit.
Viswajith Anand.S.S
Student, LL.B
Government Law College, Trivandrum
Mail him at: viswajithanand@gmail.com
Viswajith is a 4th year BA.LL.B student at Government Law College, Trivandrum. A former
science student of Mar Ivanios College, His research interest includes both law and its allied
branches exclusively in the field of IPR, Human Rights and Comparative Constitutional
Studies. He worked as a student Ambassador for Lexis Nexis for a term of one year. He has
also presented papers in various national and International conferences. A prize winning
mooter and public speaker. A percussionist, who have performed in various stages and a
tutor of rhythm.
Yadu C R
Doctoral scholar
Centre For Developmental Studies, Thiruvanathapuram.
University of Kerala.
mail him at: chandranyadu@gmail.com
Yadu is a doctoral scholar in Centre for Development Studies an establishment of University
of Kerala, Trivandrum. He has written several research papers. "Small towns and big cities:
finding empirically validated reasons for urban concentration in India” and "Towards a
theoretical understanding of land acquisition debates in India: Is the new land acquisition bill
any better?" are few of his acclaimed works for CDS. He worked as research intern in the
Institute for Human Development, New Delhi on the project "Nature of poverty and
identification of urban poor in small and medium towns". He has also led and coordinated a
300 household survey in urban slums in Mansa, Punjab. He also completed his field study on
"The educational aspect of human development in Kasargod".
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 44
AISC 1ST EDITION November 8 & 9, 2014
IMPORTANT PHONE NUMBERS:
 SRINATH NAMBOODIRI
o +91 9633876835
 NIVEA LIZ FERANANDZ
o +91 9605887959
 AJITH THOMAS
o +91 9746486756
 FAHIMIDA SHERIN
o +91 9539409656
 VIMAL VIJAY
o +91 9645841272
Restructuring Indian State, Society and Economy: An inquiry into today and tomorrow
Page 45