This article is written by Mohona Thakur from Team iPleaders.

Have you ever worked with a law firm? Ever heard the associates mention how miserable their lives were? Wondered what they were complaining about? Was it no social life? Or long working hours? Or a terrifying boss that gave them zero scope to make any error?

Ever been told that you need to stop being so ‘technical’ while texting? Been asked to stop pointing out the right and wrong of ‘A’ particular situation because you were thinking of it legally?

Ever wondered how every other person thinks that Google equips them at lawyering? That they know the laws as much as a lawyer does, if not better than a lawyer! How do you handle such situations? Does it re-assure you of half-a-decade of education that you gained from university to become a lawyer?

All the questions posed above lead to three different skill sets that we as lawyers have, that other working professionals would die to have. This also, in a way, makes us marketable across various other professions, if we do ever want to leave the law.

Here is a comprehensive list of 3 skill-sets that we lawyers possess that are extremely valuable:

• Burning The Midnight Candle – Working Long Hours

Lawyers generally work into the night throughout the work week, and more often than not on weekends too. Ever asked a Supreme Court lawyer how they spent their Sunday? The most common response would be, “I was briefing a Senior Counsel in a matter listed on Monday for admission.”

Lawyers work long weekdays, throughout the weekend and then on public holidays. No kidding.

Let me give you an example. I was handed over the task of drafting an opinion for a sugar mill giant (among various other tasks) which was due in the week after the Dussehra holidays. Naturally, when we have a public holiday in the week, and have tonnes of work to finish, we prioritise. Since the clients weren’t getting back to us until the next Friday, I scheduled the draft opinion to be given to my Partner by that Monday. However, to my surprise, I was called to office on Dusshera to submit the opinion by the end of the day. Ten days before the client meeting.

In our profession, there is no scope of complaining. We deliver when we are required to. It doesn’t matter whether we are working on a transaction overnight on Friday, or drafting a petition on Saturday on an urgent basis, or briefing a number of senior counsels on Sunday.

Is it exhausting? Is it stressful? Yes. It is the primary cause of my dark circles and premature greying. How do we keep up? Naturally since we work long hours, and most part of our job is purely intellectual, we need to ensure that we function at our best always. This requires us to train ourselves.

How do we ensure that we are a hundred-percent ready for the job?

Generally, freshers come into the profession rather unprepared and with overwhelming expectations. This is only until they realise that they are not ‘where’ they think they are and need to take a step back. Five years of law school doesn’t necessarily equip you with the skill sets that this industry demands. In order to constantly deliver, no matter what time of the day it is, freshers need to know what is required of them.

A fresher working in the legal team of an IT company shall have to have basic understanding of GDPR compliance, something that is not taught in law schools. An in house counsel with a print media company needs to know the laws that govern surrogate advertising in India. Online courses on media and entertainment laws very broadly cover print media and regulations.

As for experienced lawyers, going the extra mile or another extra mile after that are expected day to day as a lawyer.

• Naturally Spotting The Issue

Have you ever come across daily Hindi TV serials? I’m sure some of you may yet not have been influenced by the culture of Prime Video or Netflix. If you ever do happen to have a few minutes in a day, do watch these no-brainers to test your lawyer-instincts. You’d be surprised at what you actually notice.

Ever noticed married couples on TV getting divorced on a 100 Rupee stamp paper? In fact they wanted to get it absolutely right which is why they decided to use green legal size paper! I mean, sure. Sign on a two-page 100 Rupee stamp paper (instead of a 50 page divorce petition) and voila, you’re divorced!

This is a very basic example of spotting issues. Where did we learn it? Remember the ‘I’ in the IRAC? It is an integral part of our jobs. Whether we are reviewing a commercial contract or working on a trademark litigation, we are always looking for issues and solving them. We are essentially the troubleshooters.

Over the years, as we strain ourselves working day and night, we also work our skills of issue-spotting. With every new contract we draft or review, every other matter that comes on our desk. We grow.

• Clear Communication Skills

Lawyers write. A lot.

Over the five years at law school, thanks to various writing assignments, moots, and the likes, we lawyers have been trained to write. And write well. We can draft a comprehensive legal opinion, various agreements, draft a full-fledged write petition, craft explanatory emails. Our profession requires us to write, every day and be damn good at it.

This is a skill set that not many are gifted with, and fewer acquire over the years. Therefore, adequate training for not only writing, but writing what’s relevant is required. In a live webcast on YouTube, Ms. Shruti Priya, Senior Counsel, TrueCaller India, emphasised on the need for lawyers to not only know how to spot issues, but also effectively communicate them to their clients. She drew attention to the fact that while the drafting skills of lawyers are supremely good, what we need to focus on is simplifying the issues for the clients. Most clients do not have the time to go through a ten page document to understand what they can do and cannot do. It needs to be broken down for them. You can see her speaking about spotting the right issues and communicating in the right manner here.

Writing is an integral skill we lawyers possess that we often underestimate. It needs to be honed over time through regular practice. If you are yet to be a lawyer and still wish to be able to write effectively, start practising today. Pick up a recent development that you may have noticed in any particular field of law, begin research and start writing. You can only become better with time. And if you belong to the category of students who wishes to be guided through the process of effective writing, there are online courses that offer you the guidance.

So keep in mind, what we lawyers do on a daily basis may seem like a professional hazard; long working hours, spotting issues, assertive communication. But, if you look at these from a third person’s perspective, you may only see positives. Look at these professional hazards as your strengths; then aim to build them, and don’t stop.

Who wouldn’t want an employee who is ready to work holidays and delivers constant results? Who wouldn’t want a trouble shooter as a quality in their employee? Who wouldn’t want a person who can clearly and effectively communicate?

Employers would shell out a truck load of cash for just a troubleshooter. Imagine what happens if they find a lawyer!

This is a Guest Post written by Jyoti Chauhan which discusses on the importance of proofreading.

Introduction

Proofreading is a final reviewing process of the content for being it presented in front of public/ audience. Proofreading consists of two words “proof” and “read”, which implies it is a process of making a content “error-proof after reading it”. Therefore, proofreading is a process which makes it error proof while reading by oneself so that the content can serve its purpose. Proofreading makes written content fit/suitable for communicating the correct message to the target group i.e. reader, customers, audience, students, etc. It ensures that the message contained in the substance is clear for delivering the planned activity in the interest of the target group. Proofreading is reading a content with caution and mark errors if any. Proofreading means simply giving an overview of the already written document. Proofreading is nothing but re-reading what we’ve written with a fresh perspective.

Proofreading gives the writer an opportunity to review their work, to ensure that it flows well, doesn’t cause the reader to stumble (unless intentional), and still conveys a clear meaning.

To be simply put, Proofreading is the final stage of the editing process, focusing on surface errors such as misspellings and mistakes in grammar and punctuation. Proofreading is important to ensure that there is not any:

• Grammatical error, Capitalization error, Numbering error
• Spelling error
• Inconsistency in the format of the document,
• Misplaced words, Sentence structure error
• Punctuation mistakes

Why do we proofread?

Before submitting or printing an academic research paper, essay, email, memo, or any other written document, it is very important to carefully proofread it. Proofreading of written material is the final step that must be taken before a document can be considered complete. Proofreading helps us to check that we have included everything we wanted to say in any piece of writing. It gives us a chance to review our work and add in anything we may have missed out. It helps us iron out any little, unnecessary errors we may have made. Proofreading shows that we take pride in our work and that it is the best one can make it. It can help in gaining extra marks in exams and could even make the difference between an entire grade.

If we want our readers to be able to focus on the content of our writing, not the mistakes and errors that we have been overlooked and remain in our writing. When our written work is perfect, it shows others that we pay attention to detail and care about the things that we produce. This gives our writing added strength and authority.

Proofreaders generally have one main objective: to ensure that a written document is absolutely perfect in terms of grammar and vocabulary.

Content is important. But like it or not, the way a paper looks affects the way others judge it. When we’ve worked hard to develop and present our ideas, we don’t want careless errors distracting our reader from what we have to say. It’s worth paying attention to the details that help us to make a good impression. Therefore, we proofread essays, CVs, cover letters, emails, blogs, and tweets.

A lot of people underestimate the importance of proofreading and simply decide to skip it, usually due to deadline constraints. What people don’t realize is that a thorough proofread can be the difference between an outstanding essay and a mediocre essay. Alternatively, if we are writing for publication or business purposes, submitting a document that hasn’t been proofread can damage our reputation, as it will almost certainly contain errors.

Effective proofreading is absolutely vital to the production of high-quality scholarly and professional documents. When done carefully, correctly and thoroughly, proofreading can make the difference between writing that communicates successfully with its intended readers and writing that does not. No author creates a perfect text without reviewing, reflecting on and revising what he or she has written, and proofreading is an extremely important part of this process.

• Other useful methods of proofreading involve using professional proofreading and/or editing services by trained and experienced proofreaders. There are also useful digital and online tools and apps which can assist in proofreading like spell-checkers, track change review options, Grammarly– grammar checker, and other software-driven programs available.
• Furthermore, proofreading usually results in more succinct, readable, and clear content; making the reading experience easier, interesting, informative, educational, and enlightening.

Proofreading making a content fit for publication, it also increases chances for publication

Imagine spending all of our time and energy coming up with a concept, and researching for hours before writing it for another few days and when we finally put our work out there – the only thing people notice are the typos. Or worse, it gets rejected or discredited because of grammatical errors. Frustrating, isn’t it? Hence, proofreading all written content is of utmost importance.

After proofreading we will get an error free report ready for publication. To ensure correctness of the script we have just written and making necessary edits and refine to make it more concise, precise and error free.

Without a controversial thought, proofreading is vital and extremely important for our writing because it makes our content, error free and gives it an allowance for publishing!

Proofreading is a critical part of the writing process that involves English experts scrutinizing a written document in order to identify and rectify grammar, punctuation, spelling and vocabulary errors. Good writing always involves modification and revision, and proofreading is a fundamental part of this process. People need proofreaders in order to be sure that their work does not contain any mistakes.

Why is proofreading important when submitting our scholarly writing for publication? As a general rule, the editors responsible for accepting or rejecting the manuscripts that academics and scientists submit for publication are inundated with text. They receive far more submissions than the journals and publishers for whom they work can ever publish, so they are looking for reasons to reject manuscripts as much as they are seeking reasons to accept them. A manuscript that accurately and precisely adheres to a publisher’s guidelines, boasts a structure that organizes material in a logical and effective fashion, and uses language that clearly and efficiently communicates facts and ideas is sure to receive more positive attention and far more likely to be successfully published than a manuscript that does not achieve such a high standard. Since these are the very aspects of scholarly writing that a professional proofreader can help us perfect, engaging the services of a qualified academic or scientific proofreader can prove invaluable, particularly if our manuscript has been rejected due to problems with language and formatting. Once we have benefitted from the services of a professional proofreader, we will no doubt be able to determine for ourselves why proofreading is so very important to successful authors.

Proofreading is the last step between us and our reader, which is why it is necessary to take the time to ensure that our writing is accurate, clear, and easily understood. Proofreading helps us to check that we have included everything we wanted to say in any piece of writing. It gives us a chance to review our work and add in anything we may have missed out. Proofreading shows that we take pride in our work and that it is the best we can make it.

Proofreading important for making the Perfect CV for getting your dream job

Imagine we are applying for a job and see an ad for a role that seems ideal for us; the right salary, the right position, in the right location. We feel that we have all the right requirements and experience to apply, so we email our CV and add a brief personal statement. Then we finally hit the send button and forget about it.

A few days letter we go back to our email and realize that we have misspelt the job title and missed out some vital words and letters. This may not matter for some jobs, but there are many roles that specifically require excellent English skills; in this instance, our lack of proofreading may have cost us our dream job.

It is important to note that over 70% of interviewers discard applicants based on the typos, grammatical and spelling mistakes in a personal statement or a CV. This demonstrates how great the negative impact of errors in written work can be, and further shows how important proofreading actually is.

If we want our CV to be taken seriously, our essays to make their points effectively, and our short story to be safe from being instantly binned, we must proofread our work before we send it off anywhere. Then we proofread it again. Then get a family or friend to proofread it after that. Then, depending on how important we feel the document is, even pay a professional proofreading service to proofread it too.

Proofreading for students

If we are sitting exams soon, try to leave ourselves a few minutes at the end of each exam paper so that we can check through all our answers – remember that even one more mark can make all the difference. Use the spelling checker but be aware of its limitations…

Students in particular really feel the benefits of academic proofreading, as not doing so can often result in the loss of up to as much as 10% of their overall grade. Good proofreading can make all the difference between our work making a positive or a negative impact upon the reader.

What does our writing say about us?

In many situations, we need to use our writing skills the first time we contact someone new, whether this is an application letter to a college/university, an e-mail to a potential employer about a job or even when we write a response to an exam question. We all know that first impressions count and in these situations, what we write is like a way of introducing ourselves to someone we have never met before. Therefore, we need to consider what impression we want to give about ourselves. What might our writing say about us as a person? Does it show that we care about our work?

What might a few unnecessary errors in our writing suggest about us to a stranger? If we want to create a good impression of ourselves, it is vital that our writing shows the best work we are capable of achieving, and proofreading will help us to do this.

Proofreading in translation

Proofreading also has a lot to do with the translation process. Proofreaders go through the translated document and ensure that the translated content exactly matches the source document, and also makes sense to the end user.

Proofreading techniques followed by proofreaders

Most importantly, make sure we have a good knowledge of punctuation and grammar before we try to proofread. Unless we know what is correct, we will be in no position to spot mistakes.

• Avoid distractions. Try to proofread in a quiet environment, with no disturbances such as phones, music, background chatter and so on.
• It can help if we read the piece out loud. This helps us to spot faulty sentence construction and bad grammar.
• Give ourselves frequent breaks away from the job, whether it is printed or on screen. Only we know how long we can read before we start to lose concentration, so set ourselves a fixed period of time, after which we take a break.
• Remember that we are not just proofing the words and punctuation. We also need to spot inconsistencies in style and formatting, such as headings that suddenly switch font size, or a change in the size or style of bullet points.
• Be methodical. Take one line at a time. Use a ruler to guide our eyes so that we don’t inadvertently miss the odd line.
• We need to concentrate on reading one word at a time. This needs practice. When we read normally, we only skim over the words, fixing our eyes on maybe four words in one line. Most people can only accurately take in about six letters in one stare, so we are relying on our (not very accurate) peripheral vision to read the letters on either side of our stare.
• We need to make a conscious effort to stare at each word in turn. This isn’t as slow as it sounds; it’s just a different reading technique.
• If we are proofing our own work, leave a decent period of time between finishing the writing and proofing it. We’ll spot more mistakes if we read it with a fresh approach, as if it were a document we had never seen before.
• Don’t rely on proofreading on screen. We will pick up most mistakes this way, and it’s easier to correct them, but there will be some we’ll miss. Always do a final proofread of the hard copy.
• Always get someone else to do a final proofread of our own work – we tend to be blind to our own mistakes.

Conclusion

Proofreading is one of the most important and beneficial ways to ensure that what we are writing will not lead to any misunderstandings or make us sound unprofessional. We are all human, and nobody is perfect, but the last thing we need is for an individual (especially one we are looking to impress) to disregard or be perplexed by what we are trying to say due to a spelling or grammar issue. This is why proofreading is such an important aspect to writing.

Proofreading is the very last step in the writing process. However, just because it comes last, does not mean that it is the least important. Proofreading ensures that the document is completely free of errors and polished to a high standard.

Proofreading is important as it can add power to our writing; without it, our work has a higher chance of containing errors. Errors, such as poor sentence structure, typographical errors, misspellings, tense confusion, and grammatical mistakes can really undermine our potential and credibility as an applicant for a new job, as a blogger, a writer, or an academic.

Therefore I would suggest “Try to get into the habit of proofreading everything we write – it’s worth spending a few extra moments on any piece of work we do to make sure it is the best we can make it”.

This article is written by Qamar of RMLNLU. 

Introduction

On June 24, 2018, #DelhiChipkoAndolan was trending on twitter when over 1500 people protested in the Sarojini Nagar area of south Delhi against the proposed cutting of over 16000 trees for a project by the National Building Construction Corporation (NBCC).

As the above hashtag rightly conveys, the citizens of Delhi took the matter into their own hands against the felling of their already depleting green cover. Amidst the clamour that has been going on regarding the legality of this urban deforestation, some relief was seen when the Delhi High Court put a stay on the project till July 4. The Ministry of Urban Development in 2016, had proposed redevelopment of seven residential accommodation colonies under the name of ‘Master Plan 2021’ aiming to cater to the city’s population.[1]

Bypassing the Law

As a responsible citizen of Delhi, you are expected to think how the government can approve the cutting down of trees on such a magnitude, which could majorly turn the air of this city from unhealthy to toxic. It is important to know how the legal framework, both at the centre and the state level, allow such proposals to pass. But before going into that, let us look at the obligations of the state towards the environment.

• In the case of Vellore Citizens Welfare Forum v. Union of India, it was laid down that the precautionary principle, in the context of the municipal law, observes that environmental measures shall be taken by state and must be anticipated, prevented and the cause of environmental degradation shall be attacked.[2]
• In case of serious irreversible damage, lack of scientific certainty should not be a reason for the postponement of measures that need to be taken to prevent environmental degradation and the onus lies on the developer to show that his action is environmentally benign.[3]
• The above principles along with the other provisions of the constitution reiterate the obligations of the state towards the environment to align it with the principle of good governance.

Central Government

A project of such nature and scale has to get an Environmental Clearance prior to the work getting started. The procedure to get an environmental clearance for any project has been laid down in the Environment Impact Assessment, Notification 2016(EIA).

EIA plays a major role when it comes to any developmental project and it is basically a procedure to know the positive and negative aspects of any proposed activity. It may also be said that it is a decision-making process to decide whether a developmental project must start or not. EIA is a process of identifying, predicting, evaluating and mitigating the biophysical, social and other relevant effects of development proposals prior to major decisions being taken and commitments made.[4] Housing projects come under category B1, in which the EIA report has to be mandatorily filed. When EIA report is filed for getting prior environmental clearance, the process goes through namely, four stages:

1. Screening
2. Scoping
3. Public Consultation
4. Appraisal

• Screening is an important phase for every environmental clearance. This phase decides the nature and scale of the project depending on which the categories are allotted. The category decides whether the EIA report needs to be filed for approval or not. Under the current law, building projects with an area of more than 20,000 square meters require a mandatory impact assessment study.[5]
• Scoping is about setting out the issues to be considered in the EIA, the parameters and the broad approach that is to be taken during the assessment to correctly assess the environmental issues.
• Public Consultation refers to the phase of stakeholder analysis. It is a process by which the concerns of local affected persons and others who have a plausible stake in the environmental impacts of the project or activity are ascertained with a view to taking into account all the material concerns in the project or activity design as appropriate. All Category ‘A’ and Category B1[6] projects or activities shall undertake public consultation. However, it is not a necessary practice for all buildings/ construction projects/ Area Development projects and Townships as they come under the exception clause of public consultation in the environment impact assessment notification, 2016[7]
• Appraisal means the detailed scrutiny by the Expert Appraisal Committee or State Level Expert Appraisal Committee of the application and other documents like the Final EIA report, outcome of the public consultations including public hearing proceedings, submitted by the applicant to the regulatory authority concerned for grant of environmental clearance.

It is evident that there is no legal recourse as far as the Environment Impact Assessment and the grant of environmental clearance is concerned by the Ministry of Environment and Forest. Filing a PIL was the only plausible option and the protest at Sarojini Nagar is an unavoidable moral question to the government.

Delhi Government

Delhi has its own act to save trees under the name of Delhi Preservation of Trees Act, 1994. Section 29 of the Act states that the Government has the power, subject to such conditions, if any, as may be imposed; the Government may, if it considers it necessary so to do in the public interest, by notification, exempt any area or any species of trees from all or any of the provisions of this Act.

Therefore, here is how the proposed project becomes a legally sound act even when undertaken by the government of Delhi. The lieutenant governor can pass such orders of felling 11000 trees in Sarojini Nagar, 2294 trees in Netaji Nagar and 1454 trees in Nauroji Nagar in the name of ‘development’ and ‘public interest’ by exercising the powers conferred to the government under Section 29 of the Delhi Preservation of Trees Act, 1994. The irony is that the same act establishes the Tree Authority in the capital region for the preservation of trees. The purpose of this act is to save trees from depletion by human activities.

Duties of the Tree Authority mentioned in the Act

1. The preservation of all trees within its jurisdiction.
2. Carrying out a census of the existing trees and obtaining, whenever considered necessary, declarations from all owners or occupants about the number of trees on their lands.
3. Development and maintenance of nurseries, the supply of seeds, saplings, and trees to persons who are required to plant new trees or to replace trees which have been felled.
4. Getting plantation and transplantation of trees necessitated by the construction of buildings. New roads or widening of existing roads or replacement of trees which have failed to come up along roads or for safeguarding danger to life and property.
5. Organization of demonstrations and extension services for the purposes of this Act and assisting private and public institutions connected with planting and preservation of trees.
6. Undertaking such schemes or measures as may be directed from time to time by the Government for achieving the objects of this Act.
7. Undertaking a critical study of the proposals of various government departments and private bodies for construction of buildings, roads, factories, irrigation works laying out of, electric telephone. telegraph and other, transmission lines with regard to the protection of existing trees and planting of more trees, wherever possible.[8]

Compensatory afforestation is not the answer

The backup plan of these proposed projects, which carry out felling of trees at such a magnitude, is compensatory afforestation. It does not need a scientist to understand that five saplings cannot replace five fully-grown trees planted. Let us look at the reasons as to why planting trees are not the damage reversed.

• A fully-grown tree is an ecosystem in itself, providing oxygen to five people.
• Saplings need to be protected and it takes years for them to grow into a full-fledged tree.
• Bad record of organization and government regarding compensatory afforestation.

The acquisition of land in exchange for a hollow promise of compensatory afforestation has been unprecedented. What is more unfortunate is that the felling of trees is being formalized by neglecting the ground realities and the possible consequences that might occur. Compensatory Afforestation Fund Act, 2016 came into force for setting up Compensatory Afforestation Fund Management and Planning Authority (CAMPA) at both central and state level to ensure expeditious and transparent utilization of amounts realized in lieu of forest land diverted for non-forest purpose.

What you can do to save a tree from being cut down

There are three steps:

• Challenge the cutting down of a tree.

• Ask for proof of permission to cut down the tree.
• Call 100 or Tree helpline number (2337 8600)

To read more on your legal capacity to save a tree from being cut down. Click on this document released by the Delhi Forest Department.

Conclusion

As a responsible citizen, you are expected to speak up for the trees. No matter where it stands, everyone has the right to breathe its oxygen. The current issue highlights how the city is being developed lately at the cost of our trees and our health. Delhi has already started witnessing dust storms because there are fewer and fewer trees to grab the dust, and NO, the saplings being planted in their place are not enough.

References

[1] http://pib.nic.in/newsite/PrintRelease.aspx?relid=146815

[2] (1996) 5 S.C.C. 647.

[3] Id.

[4] S.C.SHASTRI, ENVIRONMENTAL LAW 150 (5 ed. 2015).

[5] Item 8 of the Schedule (Construction/Township/Commercial Complexes/ Housing of EIA Notification 2006.

[6] See Para 4 (iii) of the EIA Notification 2006.

[7] See Para 7 (III)(i)(d) of the EIA Notification 2006.

[8] See Chapter IV of THE DELHI PRESERVATION OF TREES ACT, 1994.

My career in media and entertainment law was a beautiful stroke of luck.

I was informed of a job opening by a lawyer with whom I had negotiated in a prior internship. He was impressed with my work and referred me to the legal head on his own. There were a few rounds of interviews before I was selected. However, I cannot disregard the fact that the reference helped me find the gateway to my career. I was lucky!

Now, as I write about my experiences and insights, I get many queries from lawyers and law students alike. They want to know how to make their way to a career in media and entertainment law.

I think that is the weird part of our legal education system. By the time we graduate, we should have enough knowledge about our desired field. But that is not how the present system works. We are not taught enough about the viable career options. I remember my media law paper was an optional subject. True that it had the largest number of people in the class, but it should have been one of the compulsory subjects. I didn’t even know that moots on media law existed until recently!

Even the subject in college was taught by a professor with theoretical knowledge and no practical experience. We had a couple of workshops where lawyers working in the industry came and delivered lectures, but that was not enough exposure to the industry. Now there are media and entertainment law courses available, but there are very few institutes which offer a masters in the subject.

What should law students and lawyers do to pursue a career in media and entertainment law?

I believe that with enough hard work and dedication anything is possible. But it helps tremendously to know where to begin. Once that is figured out, you can take the necessary steps towards a successful career.

Here are the few things I have learned which may contribute towards building a career in this field:

• Learn media and entertainments laws

Know your laws!

Any lawyer must know the laws first. So you can begin by reading about media laws. There is copyright laws, trademark laws, patent laws, design laws, i.e., intellectual property laws. But that does not constitute media laws alone.

Did you know that defamation and sedition laws in India constitute media laws? Yes, these are two sections from the Indian Penal Code, but form a core part of media laws.

Were you aware that Article 21 of the Constitution of India that guarantees freedom of speech and expression is the genesis of media laws? Yes. It maybe constitutional law, but Article 21 is where media laws was born.

There are various bare acts, books, journals, media and entertainment law courses, blogs, websites which will help build your knowledge base. You also need to know about contract laws, negotiation and dispute resolution to put the knowledge into effect.

To understand any legal concept, I prefer to start with the bare acts and then go through the commentaries or articles on a specific topic. They are available in libraries – physical and digital. You just have to look them up. Put in the work. It will work.

For instance, what will I do if I need to know whether the title of a cinematograph film can be protected under IP laws? I will read up the IP laws and figure out whether it should be copyrighted or trademarked. In case of a film title, procuring a trademark and using it helps. But foremost one must register the film title with the authorized association like the Association of Motion Pictures and Television Programme Producers (AMPTPP), the Film and Television Producers’ Guild of India (Guild) and the Indian Motion Picture Producers’ Association (IMPPA). You can read more about the topic here.

But theoretical knowledge is not enough. One also has to test the knowledge in the practical field. The best way to do that is through hands-on work or if you’re still in law school, try this course here that gives exercises based on real-life situations.

• Gain practical knowledge

The best way to learn media and entertainment law is through internships or working with law firms and lawyers in the field. But, it is easier said than done.

Of the many queries I have received so far, the common query is regarding how to get internships in media and law industry. My suggestion would be to make a list of top lawyers, law firms, media companies dealing with media and entertainment law. You can find their information online. Almost all of them have a careers page or contact details. Just get in touch with them and ask about their internship programme or hiring procedure and apply! You can even follow their LinkedIn pages to keep up with the call for intern or job opportunities.

You need to have a crisp resume and a cover letter. You can check for templates online or from your college seniors, recruitment cells or do an internship course or resume building course for a well-prepared application. Don’t worry about stipend or salary if you get a good opportunity to learn. Once in the door, you will be able to develop skills that allow you to make money on the side like contract drafting, legal notices, etc.

• Write Articles

I cannot emphasise enough on the practice of writing. Lawyers are the eternal learners. They need to keep up with the ever-changing laws and keep themselves updated. For this, they not only have to read current legal articles, but also write themselves.

Law students and even lawyers should have a habit of writing. The articles should be on the are of law you’re interested in, like media and entertainment laws. If you’re keeping yourself updated about laws and learning, then you would have developed your ideas and take on topics. Just write them! It is that simple.

Of course, all good articles are backed by a solid research and writing skills. You write what you know, so you have to research thoroughly to write a crisp article. Share it on social media and forums. Keep the article simple and on point. It should have a logical structure, your take on it, and most importantly it must serve a purpose. Your article should make legal experts, peers, professors take their time out and read it.

A good article not only effectively demonstrates your legal acumen, but also the command of the subject matter. It makes a prospective recruiter see you as a knowledgeable candidate. I have had two job offers in a little over two months just after I started writing! My resume is still the same, the only thing that changed was the writing.

• Skill development and networking

Keeping your brain on its toes is only one step towards learning. You need to keep honing your skills which has practical applications, like your writing skills, contract drafting skills, researching skills, etc. You can do workshops, online courses, practise to develop these skill sets. The idea is to keep learning marketable skills so that you can demonstrate your value as a potential candidate.

But just being learned and skilled is not enough. You have to be able to display these skills to the right audience. You should have a professional social media presence as well, like LinkedIn. Start networking with the people in your area of interest and otherwise. You never know where the opportunity might come from. I regularly see posts on LinkedIn by recruiters looking for candidates. Sometimes, you can even approach recruiters and enquire about their internship or professional hiring programmes.

You must not stop learning. If you find yourself short time, organise it to have a more productive day. All the best lawyers are busy people, but they keep themselves sharp to stay at the top of their game.

• Know your industry

I remember before my interview, I had no idea what my company did and how. But by the day of the interview, I had figured out their growth per cent in the past three years, their history online. In fact, I even slipped it in the middle of a conversation to show that I came prepared!

How can you know about the media and entertainment industry? Keep up with the news both in and out of courts. Even the seemingly fluff pieces in this industry might be of value for a lawyer. I found out a prominent singer was launching a recreated version of our song through a newspaper. I informed the bosses immediately, and necessary actions were taken swiftly.

The importance of knowing your industry is quintessential for any lawyer. You have to assist, advise and work with various departments. Unless you know the ins and outs of the industry and the company, you cannot perform your best. You must understand the industry to know what works best for it. For instance, in media and entertainment, rights are granted territory-wise. So a lawyer representing a producer must realise while negotiating that for a Tamil or Hindi film which territories might have the largest demographic. This way they can focus their efforts accordingly.

Is this the ultimate guide to establish yourself in the media and entertainment industry? No.

These are some of the things that I know of, which have yielded results. There is a lot of hard work and persistence required after everything. You have to put yourself out there and keep on trying until you make it happen. Don’t be complacent, keep on improving, for there are no shortcuts to a successful career in media and entertainment law.

Good luck!

In this article, Ana Khan gives a list of ten best legal research internships in India.

Introduction

Theory and Practical are the two important segments of any curriculum and in the professional courses like LLB, the practical aspect plays an important role. Though law school teaches every student the theoretical aspects in depth but the application of these aspects are not covered under any law school. For the purpose of understanding the applicability of the law, it is mandatory for every law student to do an internship and learn the practicality of the profession.

Where to find legal internships.

There are various online portals through which internship can be applied at various organizations.

Some of the websites are mentioned below:

1. www.lawctopus.com
2. www.internshala.com
3. www.livelaw.in
4. www.hellointern.com
5. www.lawlex.org
6. www.lawmantra.co.in

How to apply for an internship

1. Search for any law firm, NGO or any research organization in which you would like to intern.
2. Find the relevant email id of the organization/firm for the internship application.
3. Make your CV/Cover Letter for the purpose of internship and send it to the organization.
4. Keep the track of your application by reminding them once in a week (not more than that).

Best Legal Research Internships in India

Legal research internships are found at various Research Organizations, NGO, Lawyers, Government Organizations, Companies and Law firms. All are discussed below:

PRS Legislative

PRS track the functioning of the Parliament and works with the MP’s and MLA’s. Interns can assist these MP’s and MLA’s with their work. During the Parliament session, interns have to work for the upcoming issues and during the non-session periods, the interest of the individual is taken into consideration.

Main tasks assigned:

1. The work mainly involves data inferences, assisting in research for a Member of the Legislative Assembly.
2. On the last day of the internship, interns are expected to submit a report and make the presentation on the same.

Work Culture:

1. All the analyst are easily approachable and very eager to answer the questions you ask.
2. They will always make sure to provide you with some work

Stipend:

No stipend.

Application Procedure:

Interested persons can fill in the application form. The form has to be filled out in one session, and there is no option of saving responses.  You are expected to:

1. write a short statement of purpose (not more than 500 words)
2. upload an up-to-date resume in PDF format
3. upload a writing sample of any policy issue. (not more than 1000 words) in PDF format

Contact details:

Centre for Legislative Research & Advocacy

CLRA is an independent not-for-profit research organization which focuses on research, advocacy, and networking where you have given a chance to assist the Member of Parliament. CLRA works closely with civil society groups, parliamentary institutions, legislators, political parties, civil servants, and media to create participatory and collective wisdom and praxis in the policy and decision-making process.

Main tasks assigned:

1. The work is mainly research-based.
2. Making reports and questions which Member of Parliament could ask in the session.

Work Culture:

The Work environment is very relaxed. MPs are really supportive and always eager to answer your questions.

Stipend

No stipend.

Application Procedure

Please ensure that your Internship CV adheres to the basic guidelines before hitting submit button. Interested candidates can send their CVs to [email protected]om or [email protected]g

Contact Details

Centre for Public Policy Research

Centre for Public Policy Research is a research organization dedicated to extensive and in-depth research on current economic, social, and political issues.

Main tasks assigned

1. To observe proceedings with court officials, lawyers, and police.
2. Translation of documents from Hindi to English.

Work Culture

The staff is really hard working and inspires the interns to work more.

Stipend

No stipend

Application Procedure

To apply as an Intern, please Click here to fill the online Application form

Those interested in part-time jobs or volunteering can also apply

Contact Details–

 Center for Death Penalty, NLU Delhi

The center on the death penalty is providing internship policy on the rolling basis. The name has been transformed to Project 39a. The policy launched to develop a robust and rewarding internship programme that will provide meaningful exposure to the complexities and nuances, in particular, of the administration of the death penalty and the criminal justice system in India.

Main tasks assigned

1. Interns may be asked to assist in litigation activities, research projects or initiative public outreach.
2. Interns will also be expected to assist in administrative matters.

Work Culture

Going by the reputation of the college, the expectation from the internship is very high.

Stipend

Rs.10,000 for every 4 week period of internship.

Application Procedure

Interested applicants must send the following information–

1. Curriculum Vitae
2. Cover Letter indicating the programme enrolled in, current year of study, the name of the university and the exact dates of the internship
3. Statement of Purpose of not more than 500 words explaining their interest in interning with the Centre.

The application form is accessible here:

https://docs.google.com/forms/d/e/1FAIpQLSeQJjkMBQr1v1zfhhFAp-V9TIqADYfpqd3khfxWztHH_uCpCQ/viewform?c=0&w=1

NOTE-Applicants should apply at least 8 weeks but not more than 12 weeks in advance from the proposed date of their internship. Please allow for at least 4 weeks for processing the applications.

Contact Details-

Vidhi Centre for Legal Policy

The Vidhi Centre for Legal Policy is an independent think tank doing legal research and assisting the government in making better laws. Vidhi is committed to producing legal research of the highest standard with the aim of informing public debate and contributing to improved governance.

Main tasks assigned

1. To compile a list of cases which is filed to the Supreme Court by the NGO.
2. To prepare a case analysis/case brief.
3. To prepare a list of cases disposed of by various tribunal each year.

Work Culture

The staff is really cooperative and one of the best legal research internships.

Stipend

No stipend

Application Procedure

• The application for an internship should be submitted by clicking on the link below. Please note that the link will remain active only for the first 20 days of every month.
• Applicants are required to apply 2 (two) to 6 (six) months prior to the proposed date of the internship.

The internship form is accessible here:

https://docs.google.com/forms/d/e/1FAIpQLSd1gCe1h7tBfX144XUustZfTfVQwbgfEEonmGAf24Cn4vnMAQ/viewform

Contact Details-

The Energy and Resources Institute (TERI)

For biotechnology or environmental law freaks, there is no better place than TERI to invest your time in. One of the largest developing institutions, it does not have a formal internship program. It ensures a range of research opportunities’ for its interns in areas of environmental law jurisprudence, sustainable development and the like. Apply soon, you may just be the next Marshall Eriksen!

Main tasks assigned

1. To do research work.
2. Data entries and tabulations as excel sheet.

Work Culture

The staff is generally quite helpful and it depends upon your mentor.

Stipend

No stipend.

Application Procedure

Click the link below to apply.

http://ngobox.org/job-detail_Intern-/-Summer-Trainee-at-TERI_25197

Contact Details:

HRLN (Human Rights Law and Network)

HRLN is a non-profit, non-governmental organization. HRLN provides pro-bono legal services to those with little or no access to the justice system, conducts litigation in the public interest, engages in advocacy, runs helplines, conducts legal awareness programmes.

Main tasks assigned

1. The main task is mostly research work, drafting applications, affidavits.
2. The legal work which was assigned also includes the personal meeting of clients.
3. Work of translation is also being given to the interns.
4. Research on what the Supreme Court held in Human Rights cases.

Work culture

Employees are very humble and delegate some of their work to the interns to provide them with work experience.

Stipend

No stipend

Application Procedure

If you are interested to undertake an internship programme, please send your application form, a recommendation letter, writing sample and CV to [email protected] with a title in the subject line of your email: ‘Internship at SLIC: (mention month)’.

Download Application Form

Contact Details

PILSARC

The Public Interest Legal Support and Research Centre (PILSARC) is a non-profit legal backup center based in Delhi. It provides support to various Human Rights Institution.

Main tasks assigned

1. The main task is to do a lot of research on Refugee Law.
2. The other task to do is drafting of legal opinions.

Work Culture

The office is highly resourceful and the workplace is very friendly.

Stipend

No stipend

Application Procedure

If you wish yourself to apply here, mail your applications at  [email protected] or [email protected].

Contact Details:

iPleaders

iPleaders consists of a team of lawyers hell-bent on figuring out ways to make the law more accessible. A major focus area of iPleaders has been researching and developing resources through blogging, educational resources, workshops, and interactive software that entrepreneurs can use themselves as an aid during decision making

Main tasks assigned

1. The main task is to write blogs for the iPleaders and some of them will be published on the website, you have to write about the legal issues which will be provided by the mentor.
2. You have to do a lot of research work on the issue.

Work Culture

The staff is very friendly. As the staff is very young there is no such thing as “generation gap”, they all will understand your problem and situation. The only thing to keep in your mind is your “work” and “timings”, they are very punctual about the timings, that is, from 10 am to 7:30 pm.

Stipend

The stipend is paid on the performance basis like if you complete 50 articles during the tenure of your internship, then you will get Rs.5000/- as a stipend.

Application Procedure

Drop your CV along with Cover Letter at [email protected]

Contact Details:

Ace your Internship

To be successful in securing and excelling in a corporate internship, you need to plan and prepare well ahead. We observed the process and journey of securing a corporate law internship and converting one into a job offer for hundreds of law students and then identified the elements that worked and that didn’t work. This program is developed to enable you to acquire those skills before you even walk into a corporate internship. You will be able to build yourself into a person whom a law firm seeks out. A wide range of topics are covered in a huge amount of detail, such as:

• How to draft an effective CV
• How to write an effective cover letter
• Guides for performing different kinds of tasks at an internship
• How to excel at due diligence
• How to excel at proof-reading assignments and learn for the future
• Comprehensive technical skills training on M&A, Corporate, Debt Finance, FDI, General Corporate and Stamp Duty
• Hacks for high-powered Google, Manupatra, MCA and BSE searches
• Presentation and formatting techniques
• Learn how to read and interpret financials of a business
• Internship Plan for mapping out your internship progress
• How to write expert-level articles that catch client and recruiter attention
• How to draw complex corporate structures in PowerPoint from Day 1
• How to build expertise in any area of law
• How to network effectively before, during and after your internship
• Detailed interview preparation modules for technical and HR-style interviews

References:

1. http://www.prsindia.org/aboutus/internships-at-prs/
2. http://www.clraindia.org/trust.php
3. https://www.cppr.in/internships/
4. http://www.livelaw.in/call-interns-centre-death-penalty-nlu-delhi/
5. https://vidhilegalpolicy.in/
6. http://www.hrln.org/hrln/join-us/interns-a-volunteers.html
7. https://ipleaders.in/home

In this article, Swati Garg, an Advocate and an LL.M. graduate from Gujarat National Law University discusses the Fourth Schedule of Arbitration and Conciliation Act, 1996.

Arbitration and Conciliation Act, 1996 (herein referred to as the Arbitration Act) was amended by the Arbitration and Conciliation (Amendment) Act, 2015 which inserted Fourth Schedule in the Act. By inserting the schedule, legislators have tried to regularize the fees of arbitrators in domestic arbitration as opposed to leaving it to the discretion of arbitral tribunal or the parties.

Prior to the 2015 Amendment, Section 31(8) of the Arbitration Act provided that fees of the arbitrators would be fixed by the arbitral tribunal if it has not been already agreed upon by the parties.

With 2015 Amendment, Parliament inserted Fourth Schedule wherein a Model fee chart is provided for arbitrator fees. As per this chart, for a sole arbitrator, fees would be 25% in addition to the fees prescribed. Subsequently, it has empowered the High Court, in its discretion, to determine the fees of arbitral tribunal keeping into consideration the Model fees as specified in the Fourth Schedule.[1]

Model fees chart as provided in the Fourth Schedule

If there is only a sole arbitrator, he shall be entitled to an additional amount of 25 per cent on the fee payable.

In lieu of their powers, Delhi High Court and Rajasthan High Court have already framed rules regarding arbitrator’s fees. Punjab and Haryana High Court has adopted the model fees prescribed in the fourth schedule in toto[2] whereas Delhi and Rajasthan High Court has departed from the same and have set the fees lower than what is prescribed in the Arbitration Act.[3]

Parties will be benefited from this fixation of fees as usually prices quoted in adhoc arbitration are higher than this. Parties having no say in this, have to comply with these demands of humongous fees. Though the Supreme Court and various High Courts have frowned upon this act of charging of higher fees by Judges.[4] For the parties, these model fees are a welcoming step.

However, the question which arose here is regarding the applicability of Fourth Schedule, if it is mandatory or just directory. The use of the word ‘Model’ in the Schedule and power of High Court to make rules for fixation of fees has created an ambiguity as to the applicability of the schedule. The concern here is what if the High Court doesn’t wish to enact any rules, then is it mandatory for parties to abide by the model fees?

In the case of Kumar & Kumar Associates vs The Union of India & Ors.[5], Patna High Court has clarified that the parties have to abide by the Fourth Schedule.

It is also relevant to mention here that under Section 29 B of the Arbitration Act, there is a provision of fast-track arbitration which has been inserted by 2015 amendment act. Apart from taking a mere six months of time to complete the proceedings, section 29 B (6) let the parties and arbitrator decide the fees.

Who pays the Arbitration fees?

Section 31 A of the Arbitration Act empowers the arbitral tribunal to determine as to which party pays the fees. The general rule is that the unsuccessful party pays the share of fees of the successful party, however, the arbitral tribunal can decide differently by passing a reasoned order in writing. The arbitral tribunal has to keep the below-mentioned points[6] in mind before deciding on the share of the party:

1. the conduct of all the parties;
2. whether a party has succeeded partly in the case;
3. whether the party had made a frivolous counter-claim leading to delay in the disposal of the arbitral proceedings; and
4. whether any reasonable offer to settle the dispute is made by a party and refused by the other party.

To save oneself from such outcomes, parties are allowed to make an agreement for dividing the cost of arbitration but it will only be valid if such agreement is made after the dispute came into existence.

Conclusion

Arbitration is one of the best mechanism to resolve a dispute without the intervention of the court yet high arbitrator fees have discouraged parties from opting for it. The model fees are acting as a deterrent against the practice of demanding such exorbitant fees. Many courts have adopted the same, yet many haven’t. Though there is still a need for the Supreme court ruling as the fees aren’t mandatory and High courts have the power to make rules regarding it, still this fresh change has brought a sigh of relief for parties.

References

[1] Section 11(14) of the Arbitration Act

[2] https://highcourtchd.gov.in/sub_pages/left_menu/Rules_orders/high_court_rules/vol-I-pdf/chap4partEV1.pdf

[3] http://www.dacdelhi.org/topics.aspx?mid=21; http://www.bareactslive.com/RAJ/RJ485.HTM

[4] https://timesofindia.indiatimes.com/city/delhi/HC-scraps-ex-judge-panel-over-high-fee/articleshow/31300401.cms; http://www.lawyersclubindia.com/news/SC-snubs-retd-Judges-for-charging-heavy-fee-in-arbitration-cases-10521.asp;
https://indianexpress.com/article/india/india-others/hc-govt-officials-cant-charge-fees-in-arbitration-cases-need-guidelines/

[5] https://indiankanoon.org/doc/125836906/

[6] Section 31 A (3) of the Arbitration Act

In this article, Sofia Agrawal of KIIT School Of Law, Bhubaneshwar discusses the powers of Prime Minister and the Cabinet.

Introduction

Our Indian system comprises three organs of the Government:

• Legislative: These are those bodies who have the power to make laws.
• Executive: Those bodies who execute the laws and conduct of public and national affair.
• Judiciary: Those bodies who are responsible for dealing with all legal cases.

The Executive system is the most powerful organ of the Government. It is that organ which implements the laws passed by the legislature and who head the Government Departments. The Prime Minister is the head of the Government and leads the executive organ of the Government. The Cabinet Ministers are the senior ministers of the Council Of Ministers and they exercise the executive authority in the Republic Of India. The Prime Minister is appointed by the President and the Council Ministers and Cabinet Ministers shall be appointed by the President on the advice of the Prime Minister.

Prime Minister

India follows a Parliamentary system of Government in which the Prime Minister is the leader of the executive system of Government Of India and also the head of the Council Of Ministers. Prime Minister is the real custodian of all the executive authority.

To know more about the powers of the Indian Prime Minister in brief, please refer to the video below:

Tenure

The full term of the office of Prime Minister is  5 years but they can hold their office only if they enjoy the majority in the Parliament and the term can end sooner if loses the vote of confidence in the Lok Sabha. Once they lose their majority, the period of holding their office also comes to an end.

The Indian Parliamentary system does not follow the democratic system of US where if the President holds his office twice and has completed his office, he/she cannot again hold their position. In India this system is not followed, here the President, Prime Minister can hold their office many times till they attain their discharge period.

Atal Bihari Vajpayee, The 13th Prime Minister of India. His first tenure as a Prime Minister was from 16th May 1996-1st June 1996, he held the office for 13 days but due to loss of support from the other parties to obtain the majority, he resigned. Then again he was chosen as a Prime Minister with a full majority from 19th March 1998- 22nd May 2004.

Pandit Jawaharlal Nehru held the office in a row as a Prime Minister for 4 times from 15th August 1947-27th May 1964.

Thus in India, the Ministers can hold their office for many times till they enjoy their vote of confidence in the Lok Sabha.

Salary

Qualifications

1. Must be a citizen of India.
2. Must be the member of either of the Houses of the Parliament i.e The Lok Sabha and The Rajya Sabha.
3. Should complete 25 years of age if he is a member of the Lok Sabha and 30 years of age if he is a member of the Rajya Sabha.

Disqualifications

Following are the disqualifications of Prime Minister:

Office Of Profit

Article 102(1)(a) of The Indian Constitution which bars the Prime Minister to hold the office of profit. Office of profit is defined as the financial amount which is given to the occupant to gain a financial advantage in the form of salaries, perks and other benefits. The office of profit has not been defined in the Constitution of India or under the Representation of People’s Act, 1951.

In Jaya Bachchan v. Union Of India[1]

The Office Of Profit is defined as follows:

• Office of Profit is an office which is capable of yielding a profit or pecuniary gain.
• Holding an office under the Central or State Government to which the salaries, remuneration, allowances are paid amounts to hold the office of profit.

Unsound Mind

The Prime Minister and other members disqualify if he/she is of unsound mind and stands so declared by the competent Court.

Not a citizen of India

The Prime Minister disqualifies if he/she is not a citizen of India or has voluntarily acquired the citizenship of the foreign state.

Other Disqualification

1. If he is an undischarged insolvent.
2. Disqualified under any law made by Parliament.
3. Disqualified for being a member of either House of Parliament.

Cabinet Ministers

Cabinet Ministers are the Senior Ministers of the Union Council of Ministers. These Ministers are led by the Prime Minister. They play the role as a supreme decision- making the body in India. Since these Prime Ministers and Cabinet Ministers are the Member Of Parliament so their tenure of work, qualifications and disqualifications are same. The Cabinet Ministers have the powers to sit in the both Houses Of Parliament, The Rajya Sabha and The Lok Sabha. The current Cabinet is led by Prime Minister Narendra Modi

Tenure

The full term of the office of the Cabinet Ministers is 5 years but these ministers can be changed upon the discretion of The Prime Minister.

Examples Illustrating Prime Minister’s Discretionary Power:

Minister of Human Resource Development

Earlier this Ministry was in the hand of Smriti Irani and now replaced by Prakash Javadekar on the discretion of the Prime Minister.

Minister of Minority Affairs

Earlier this Ministry was in the hand of Najma A. Heptulla and now replaced by Mukhtar Abbas Naqvi.

Qualifications

1. Must be a citizen of India.
2. Must be the member of either of the Houses of Parliament The Rajya Sabha and The Lok Sabha.
3. Should complete 25 years of age if he is a member of the Lok Sabha and 30 years of age if he is a member of the Rajya Sabha.

Hierarchy of The Council Of Ministers

Disqualifications

1. Should not hold the office of profit during the time of the election.
2. If he is an undischarged insolvent.
3. Disqualified under any law made by Parliament.
4. Disqualified for being a member of either House of Parliament.
5. Not a Citizen of India or has voluntarily acquired the citizenship of Foreign State.

Removal Of The Cabinet Ministers

1. Upon self-resignation.
2. Upon direction from the Judicial authorities for committing any violation of the law.
3. Upon dismissal by the President for any minister’s unconstitutional acts.
4. Upon ceasing eligibility to be a member of Parliament.

Is Prime Minister Part Of A Cabinet?

Prime Minister is the Chairman and part of the Cabinet.

Prime Minister has the following functions in the Cabinet:

• The resignation of the Prime Minister implies the resignation of the Cabinet.
• Prime Minister allocates posts to the Cabinet Ministers within the government.
• Prime Minister has the power to select and dismiss the Cabinet Ministers.
• He allocates portfolios or department to the Cabinet Ministers.

As quoted by, Dr B.R.Ambedkar,”The Prime Minister is the keystone of the arch of the of cabinet and until we endow that office with the statutory authority to nominate and dismiss Ministers there can be no collective responsibility“.

Powers Of The Prime Minister And The Cabinet

Prime Minister

Power to appoint the Authorities

• Prime Minister has the right to give advice to the President in relation to the appointment of the Government Authorities.
• Such authorities include The Comptroller and Auditor General of India, Attorney General Of India, Solicitor General Of India, Election Commissioners, Chairman and Members Of The Finance Commission.
• Prime Minister also has the right to give advice to the President on the appointment of The Council Of Ministers and The Cabinet Ministers.

Power as the Leader of the House Of Parliament

• Prime Minister is the Leader of the Lower House Of Parliament i.e The Lok Sabha.
• He advises President with regard to the summoning of the sessions of The Parliament.
• The Prime Minister can recommend the President for the dissolution of the Lok Sabha.
• Prime Minister in consultation with the Speaker of the lower house decides the Agenda of the House.

Aid and Advice the President

• Prime Minister is the Chief Advisor of The President.
• The Prime Minister advises The President in all the matters of the state.
• Prime Minister Informs The President regarding all the decisions taken in the Cabinet Meeting.
• The Prime Minister advises and gives all the information to The President regarding the emergency situation or any changes in the foreign policy.
• Prime Minister advises the President to take necessary steps in the economic, financial, political and developmental situations of the country.

Power as the Chairman of The Cabinet                                  

• The Prime Minister is the Leader of The Cabinet.
• The Prime Minister presides over the meetings and decides the agenda of the meetings.
• All the decisions of the Cabinet meetings are decided by the approval and consent of The Prime Minister.
• The reject or accept of the proposal of the Cabinet discussions is in the hand of The Prime Minister.
• The Prime Minister guides, directs, controls and coordinates all the activities of the Minister.
• The Prime Minister allocates various portfolios and ministries among the Ministers.
• In case of any wrongdoing and difference in the opinion, the Prime Minister can ask a Minister to resign or advise The President to dismiss the Power of the Minister.
• Is the Chairman of the NITI Aayog National Development Council, National Integration Council, Inter-State Council, National Water Resources Council.

Power to Remove The Minister

• The Minister remains in the office according to the pleasure of The Prime Minister.
• The Prime Minister can demand resignation from any Ministers at any time and the Minister is duty bound to accept it.
• In April 2010 when Manmohan Singh was the Prime Minister, Shashi Tharoor, the Minister of State for External Affairs had to resign from his office under the allegation of the corruption in the IPL case. (see here)

Emergency Powers

• The President declares the emergency only under the advice of the Prime Minister.
• Under Article 352 of The Indian Constitution, The President can declare an emergency on the basis of the written request by the Prime Minister.
• In the year 1975-1977, the then President Fakhruddin Ali Ahmed with the written request and consent from the Then Prime Minister Indira Gandhi imposed emergency. The reason behind this was threat to National Security and bad economic conditions.

Thus, the Prime Minister has the power to impose an emergency when the situation is as such.

Coordinating Power

• The Prime Minister is the chief coordinator between the President and the Cabinet.
• The Prime Minister communicates the President all the decisions of the Cabinet and puts before the Cabinet the decisions of the President, thus acting as the medium of the communication.
• It is the responsibility of the Prime Minister to coordinate the activities of all the department and to secure the cooperation among the ministers.  

Other Powers

• Prime Minister is the Leader of the Nation. The general elections of the country are fought in his name.
• Plays a key role in determining Indian Foreign Policy and relations with other countries.
• Power to allocate and change the department of the Ministers.

Cabinet Ministers

Power to formulate the policies

• The Cabinet Ministers formulates both external and domestic policies and are considered as the policy-making organ of the government.
• The Cabinet takes decisions on the various matters such as defence, economic policy, industrial policy, formulation of new states and the President’s rule in the state.
• The decisions made by the Cabinet are communicated to the Deputy Minister and Minister of the state which helps the cabinet ministers in managing the business of the government jointly.
• The members of the Planning Commission are appointed by the Cabinet.

Power over the Executive

• The Cabinet Ministers have the supreme control over the Executives.
• The real functionaries in the executive authority are the Cabinet Ministers.
• The Cabinet Ministers presides over the Ministries of the Government and carries out the policies and gets approved by the Parliament.

Power as the Coordinator

• The Cabinet Ministers act as the coordinator of the various department of the government.
• Various Ministries of the government are coordinated by the cabinet ministers.

Financial Powers

• It is the responsibility of the Cabinet Ministers to look after the expenditure of the Government.
• The Finance Minister of the Cabinet prepares the annual budget which contains the estimated incomes for the ensuing year and also has the power to introduce the money bill with the consent of the President.
• It is the responsibility of each cabinet ministers to see that the proposals of his ministry are approved in the house.
• The Cabinet and the administrative departments take the initiative of preparing, defending and presenting the bill in the Parliament.

Power of Making Appointments

• The President appoints the high power authorities on the recommendation of the Cabinet Ministers.
• Such important authorities include Ambassadors, High Commissioners, Attorney General of India, Governors of the States, Supreme Court and High Court Judges and the members of the Union Public Service Commission.

Other Powers

• Cabinet Ministers provide information to the public by answering questions put to them by the members of the Lok Sabha.
• The special address of the President to the Parliament is prepared by the Cabinet.
• The Cabinet Ministers is responsible for planning and implementing of Amendments to the Constitution.

Constituent Assembly Debates on Powers Of Prime Minister and Cabinet Ministers

Certain Constituent Assembly Debates on the Powers of Prime Ministers and Cabinet Ministers are-

Pros

• This is a logical consequence of the general principle of this Draft Constitution, namely, that the Government is to be upon the collective responsibility of the entire Cabinet to the Legislature. [2]
• At the same time, in the Cabinet, the Prime Minister or the Chief Minister or by whatever title he is described would be the Principal Adviser and I would like to fix the responsibility definitely by the Constitution on the Chief Minister, the individual Ministers not being in the same position.[3]
• Whatever may be the procedure or convention within the Cabinet itself, however, the decisions of the Cabinet may be taken, so far as the Governor is concerned, I take it that the responsibility would be of the Chief Minister who will advise also about the appointment of his colleagues or their removal if it should be necessary.[4]
• It is but in the fitness of things that he should be made directly responsible for any advice tendered to the Constitutional head of the State, namely, the Governor.[5]

  Cons

• So far as the consideration of this Article 144 is concerned, I would make the following suggestion, if that will be acceptable to those who are responsible for this draft: “The Governor’s ministers shall be appointed by him and shall hold office during his pleasure.”[6] 
• This is pleased by Article 143 and in that Article, a provision has been made that “there shall be a Council of Ministers”.[7]
• Naturally, therefore, we must mention as to who is to appoint this Council of Ministers. [8]
• I think the better form would have been merely to mention that “the Council of Ministers shall be appointed by the Governor.”[9]
• At the same time to make a further provision that “they shall hold office during his pleasure” is undesirable.[10]
• My opinion is it is not necessary and is derogatory to the position which we are going to give to the Prime Minister of the State and the Council of Ministers. [11]
• Probably this provision is a remnant of the old idea that the Ministers hold office during the king’s pleasure. [12]
• Things have changed since then and it is not necessary that we should incorporate the same language, namely, “they shall hold office during his pleasure”.[13]
• I admit that if the Governor is the appointing authority, naturally he should have the power in certain circumstances for which provision may be made, in this section that the Council of Ministers may be dissolved or some new ministers shall be appointed, we need not say that “they shall hold office during the pleasure of the Governor.[14]
• “That “Governor” we have decided will be nominated by the President and I do not think it will be proper to say that the minister shall hold office during his pleasure, but so far as Article 144 reads now, I do not think it is proper that we should lay down that in the case of a Governor of the type which we have already decided upon the Council of Ministers shall be appointed by him and they shall hold office during his pleasure. [15]
• The wording of the Article is not happy and proper and, therefore, I would appeal that this part of Article 144 is taken out of the Constitution. [16]

Conclusion

India follows the Quasi Federal democracy where the Prime Ministers are elected for the people, of the people and by the people. It is the duty of the Prime Minister and Cabinet Minister to work for the welfare of the people and work for the Nation. So, the responsibility of the Prime Minister and Cabinet Minister is that they should carry out their powers and responsibilities very sincerely and honestly.

Endnotes

[1] AIR 2006 SC 2119, Para 6
[2]CONSTITUENT ASSEMBLY DEBATES, Book No. 8, session 96, Page No. 28 speech by K.T.SHAH, available at https://cadindia.clpr.org.in/constitution_assembly_debates/volume/8/1949-06-01 (Last visited on July 16, 2018)
[3] Ibid
[4] Ibid
[5] Ibid
[6] CONSTITUENT ASSEMBLY DEBATES, Book No. 8, session 96, Page No. 167 speech by H.V PATASKAR, available at        https://cadindia.clpr.org.in/constitution_assembly_debates/volume/8/1949-06-01(Last visited on 16th July)

[7] Ibid
[8] Ibid
[9] Ibid
[10] Ibid
[11] Ibid
[12] Ibid
[13] Ibid
[14] Ibid
[15] Ibid
[16] Ibid

Fake News!

The tweets, articles and videos circulated on Whatsapp, Facebook, Twitter, etc. which are nothing but a fabrication, fiction and editing of content, used to incite the people in taking ghastly actions against individuals and communities at large.

You hear about it on the news. A Hyderabad IT engineer was lynched just last week for handing out chocolates to children under the suspicion of being a child-trafficker. According to authorities, the killings are being related to text messages and videos shared on WhatsApp. The viral messages portray gory details of how children are abducted for their organs. The mob’s rage did not wait to check the truth to the rumors and ended up killing one and severely injuring three others.

It led me to question the cyber laws in place and their effectiveness in the era of fake news.

Fake news has affected not only India but has spread across the globe. Remember the TV18 owned website Faking News? It’s a leading news satire website in India. If you google them today, the first post you see reads somewhat like this: “Sairat makes offer money to Karan Johar to stop calling ‘Dhadak’ a remake of Sairat.”

While most you understand satire, not all do and very many a times what is meant to be not-news turns out to be big news in today’s day and age of social media.

I did a little bit of digging and found out about what makes this tick amongst our generation. And what consequences does it entail.

Where did ‘fake news’ originate?

Internationally, the term became dominant in the news from around 2016 and continued till date, mostly used as the dismissive response of US President Trump for any allegations. He has infamously clubbed all the dissenting media as ‘fake news’.

But the Wire, the Huffington Post, the Business Standard etc., have all reported and written about the troll army of BJP which originated around 2013-2014. There was even a controversial tell-all book called  I Am a Troll: Inside the Secret World of the BJP’s Digital Army, by Swati Chaturvedi.

Then there was a BBC story on the origin of ‘fake news’. I recall hearing the term repeatedly during the Trump Election of 2016 and even now. The BBC story suggests how it originated in a small Eastern European town called Vales, where a group of about 140 news websites were spreading news which was fake to sway the elections!

These fake news feed off of the misinformation, lies and spinning one’s version. But the uniqueness of the situation is that due to technological advancement, this misinformation coupled with social media algorithms and the right promotional mechanisms are quite potent.

The potency of the situation can be ascertained by the fact that even the government asked netizens to stop circulating fake news. In 2017, the Union minister Rajyavardhan Rathore called out to the netizens to be “soldiers” by not forwarding “malicious” content on social media circulated by “enemies”.

You can become an expert in cyber laws and keep up with the laws, but these social media challenges can still sometimes feel like a bouncer bowled at you. All you can do is duck down in time or be hit!

How do fake news and political trolls work?

These fake news are circulated by a bunch of dedicated people who are given assignments to spread fake news and target dissenting individuals. They use insults of varying degrees, threats, racial or religious slurs, dismantling anyone who opposes their leaders.

• In the era of Trump

According to a recent Times interview of the former Russian troll, Vitaly Bepalov, he answered a lucrative job posting of “Content Manager” in 2014, for the Internet Research Agency (now known as the troll factory). The ad did not describe the job, but it was clear from day one to Vitaly what he had to do. He had to create fake social media accounts and post comments as instructed. It turns out the bigger picture was aimed at disrupting the 2016 US Elections. There was an indictment of 13 Russian individuals and 3 companies as per the investigation of special counsel Robert Mueller. The individuals had worked for the Internet Research Agency at various times.

In the US, the aftermath of said fake news probably affected the outcome of the 2016 US presidential election. Special counsel Robert S. Mueller III’s investigation of interference in the presidential campaign is progressing. As of last week, he has indicted 12 Russian intelligence officials for hacking the servers of the Democrats, stealing data and publishing files to damage the 2016 presidential elections.

The US President has repeatedly called the investigation a ‘witch hunt’, which merely goes on to show the strain in the political and intelligence services’ relation. But this raises a very pertaining question: What can we do to deal with the fake news propaganda which supports the political agendas?

• In the era of Modi

The rampant fake news has not only seemingly distorted the integrity of a presidential election abroad, but it also has some ghastly results closer to home, in India like mob lynching, riots, destruction of property, targeting dissenters.

The trolls closer to home have been instrumental in disrupting lives through riots, lynching and discrediting their dissenters. According to a news report the authorities found upon investigation of the 2013 Muzaffarnagar riots, that the culprits had based it on a Whatsapp clip of the situation at Kawaal! The 2015 lynching of a Muslim ironsmith in Dadri was based on Whatsapp pictures of few bones which the mob believed was of beef meat.

Even the politicians have inadvertently let it slip from time to time that their ‘workers’ have been instrumental in smear campaigns. In 2016, Defence Minister Manohar Parrikar had drawn flak from the opposition for suggesting that actor Aamir Khan should be “taught a lesson” for his comments on intolerance. It was also alleged that there was a smear campaign against Snapdeal which ended upon the removal of their advertisement.

Such stories are endless. Don’t believe me, check your family groups on Whatsapp and your Facebook wall or your Twitter feed. There is enough polarising content and fake news out there. The political parties have IT cells these days working tirelessly to propagate divisive sentiments into the minds of the viewers and readers. The sheer abundance of such content is beyond the managing ability of Whatsapp or Twitter.

Laws to counter the fake news

These trolls factory or the IT cells are the fake news generator. That is evident, and even the political figures like Amit Shah have acknowledged its growing strength. He is the man behind the influential social media campaign of BJP after all. He knows how social media can be best used to promote oneself.

The US is the forerunner of free speech laws. In cases of hate speech and actionable threats people are duly prosecuted and jailed. But in India, there is inadequate action taken against similar crimes on social media like hate speeches, rape and death threats, etc. They are neither condemned or banned, let alone jailed.

The protection of freedom of speech should not be extended to such trolls on social media who incite people by hate speeches or give rape or death threats. There should be stricter laws for such cases. You can learn more about the existing laws against hate speeches through comprehensive media law courses.

In India, we have cyber laws in place to deal with the online obscenity or threats. There are cyber cells which not only registers the complaint but also investigates it. With the rise in social media and applications, the vulnerabilities have increased. Therefore, we need to more educated about the cyber laws. There are online cyber law courses which teach the nitty-gritty of the subject.

Some legal experts want to hold the intermediaries like Twitter, Facebook, Whatsapp, liable for providing the platform for such abuse of social media. These intermediaries have time and again claimed to remove the fake accounts, taking stricter actions and revising privacy policies. But they seem to have barely any effect on the content circulation. In order to regulate content, there has to be some imposition of liability on these intermediaries. If they can support the sharing of content, they should be able to figure out its regulation for public welfare.

But the biggest concern in India presently is, the outburst on social media of fake news leading to mob lynching. The Supreme Court yesterday asked the Parliament to draft strict legislation against mob-lynching. CJI Dipak Misra leading a three-judge bench held that it was the State’s obligation to protect its citizen and maintain the integrity of the pluralistic social fabric of the country against mob violence.

In the US the investigative agencies are investigating the presidential elections, and special counsels are appointed for the same. But in India, such a scenario is unimaginable where investigative agencies will investigate the IT cells of political parties for abusing the social media and spreading fake news.

How to fight the fake news epidemic?

Trust but verify.

This simple principle will help you to identify what is true and what is not. The trolls target a particular demographic for their agenda of spreading fake news. So whenever someone sends you some inciting or politically inclined message, look it up online. More often than not, a quick search reveals the fake from the real news.

Try and teach others, especially those new to social media and technology, to use it properly and not share anything blindly with each other. Educating each other is essential. Maybe learn more about cyber crimes and how to deal with. You can learn more about cyber laws, tech-legal aspects of such social media crimes, and their practical application here.

The only solution to fake news is awareness and abstain from spreading it. If we learn and be more aware, we can cut-off the trolls at the source. If enough people, stop sharing and believing everything on social media blindly, fake news will not spread as much.

In my opinion, be Trump or Modi, the social media and public relations has been their strength to power. Whether they have used it or abused it, we can only keep guessing until there are stricter laws to regulate social media.