Competition Law And Antidumping Law: Understanding Overlaps And Conflicts

December 1, 2015

This article is written by Nikita Hora, a final year student at O.P Jindal Global Law School. She is also working as Reporter and Communication Manager at LiveLaw and an Assistant Editor for iPleaders Blog.

Competition law and Anti dumping law are considered to the law for the protection of the domestic market and to promote and sustain in markets. When both the laws are implemented together it faces unique challenges. This paper revolves about explaining the relationship, overlap and conflicts between competition law and anti- dumping. The main purpose of the paper is to prove that antidumping is the most inefficient and competition law is the most appropriate way to protect the global competition

COMPETITION LAW AND TRADE POLICY

Competition laws are largely based on domestic legal principles intended to maximize economic efficiencies. Trade laws, by contrast, are aimed at public behaviour, whereby governments create anti-dumping measures, tariff and non-tariff market barriers, thereby protecting domestic producers at the expense of foreign competitors. Unlike competition laws, trade policy is aimed at opening markets to exporters and protecting domestic industries, not at optimizing marketplace efficiencies and consumer benefits.[1]

The competition law and trade policy is as considered enemies. Traditionally, competition laws are aimed is mostly based on domestic legal principles intended to maximize economic efficiencies and sanctions business conduct that is considered harmful to the competitive process, such as collusive or exclusionary agreements, anticompetitive mergers and abuse of dominance. Competition laws are enforced in courts, and the principles of diplomacy often present during trade negotiations are replaced with a winner-take-all aspect[2].

With trade laws, by contrast, governments generally impose specific limitations in the form of tariff and non-tariff market barriers, which protects domestic producers at the expense of foreign competitors. Unlike competition laws, trade policy is aimed at opening markets to exporters and protecting domestic industries, not at optimizing economic efficiencies and consumer benefits[3]. Trade laws and policy often involve negotiated solutions, and comprise of representatives of governments who are engaged in continuous bilateral and multilateral relationships and who will need to interact with one another after a dispute is resolved.[4]

The aims of trade and competition regulation are complimentary however the implantation of these tools has remained distinct. Trade regulation is aimed inter alia at reducing barriers to trade in goods and services. [5]The World Trade Organization (WTO) and its predecessor, the General Agreement on Tariffs and Trade (GATT) have formed the cornerstone of these international endeavors. This supranational system is backed by binding treaties that utilize transparency and non-discrimination as tools to achieve its objectives.

Trade liberalization opens up new markets and opportunities for the goods and services of commercial actors. The increased competition from international goods and services creates greater efficiency in the domestic market that in turn benefits consumers. However, these benefits will not accrue if domestic firms are able to stifle new entrants through anti-competitive practices. Therefore, it can be said that trade regulation is ineffective without facilitative competition disciplines.[6]

In 1997, a working group was established within the WTO to analyze the link between competition and trade policies. The prominent role played by competition law in the European common market led the European Communities (EC) to champion the addition of competition law during the Singapore and Doha Ministerial Meeting In 2001.[7]

An issue that arises from the absence of substantive competition norms within the WTO is the use of existing WTO disciplines to try and deal with anticompetitive practices by governments and private firms.[8] The Telmex case is a good example.[9] In this case it was alleged that the arrangement was in conflict with Mexico’s commitments under the General Agreement on Trade in Services (GATS), the GATS Telecommunications Annex, and the accompanying Reference Paper to prevent Mexico’s dominant carrier from engaging in anti-competitive practices.[10] It has been lamented by WTO scholars that this precompetitive outcome did not become a precedent but has remained rather anomalous.

A less effective means of using trade disciplines to restrain anticompetitive practices is in the sphere of trade remedies.[11] As eluded to above, the concept that the eradication of trade barriers will lead to efficient outcomes is prefaced on the assumption that firms will behave competitively, this notion is seldom realistic however and some form of government intervention is often necessary.[12]

The absence of clear competition disciplines within the multilateral trading system has contributed to the proliferation of anti-dumping measures. Where foreign based enterprises abuse their market dominance through predatory pricing for instance, the territorial nature of competition law makes it an inadequate tool to deal with the transgression.[13] This has led governments to use antidumping as an alternative to competition disciplines.[14]

ANTI DUMPING MEASURES

In antidumping law, dumping is said to occur when a manufacturer exports its product at a price (i.e. the ‘export price’) which is below the price at which the product is sold for in the market of origin (i.e. the ‘normal value’).[15] In the application of antidumping law, injury to domestic market is synonymous with injury to domestic producers. To establish a breach under antidumping law, therefore, the authority needs to demonstrate injury only to domestic producers. Accordingly, enforcing antidumping law safeguards the welfare of domestic producers and not necessarily that of consumers[16].

Anti dumping laws have been adopted by many countries (USA, Australia, Canada and EU are the main users of such laws, whereas less developed countries are usually defendants), and anti-dumping actions have been taken with increasing frequency over the last years.[17]

Article. 6 of the GATT [18]establish that anti-dumping actions are legitimate when two conditions are verified. The first is that export prices are below their normal value; the second, that exports cause or threaten material injury to the domestic industry of the importing country (or retard the development of such an industry). The GATT provisions on anti-dumping are quite general and ambiguous, and indeed have been applied in quite different ways in the countries which have adopted anti-dumping legislation. This was perceived as a problem even during the Uruguay Round of negotiations, but the final agreement has not significantly improved the situation.[19]

“The trade certified by GATT is like the fox put in charge of the hen house. The fox is clever enough not only to eat the hens, but also to convince the farmer that it is the way things ought to be. Anti-dumping is ordinary protection with grand public relations program.“[20]

Originally antidumping was designed as a weapon against predatory and powerful companies; anti- dumping measures have often been used against efficient enterprises, especially from developing countries. Their role has shifted from ensuring fair competition to protecting inefficient competitors.[21]

The application or abuse of lax anti- dumping rules penalizes foreign producers who enjoy comparative advantages, to the benefit of inefficient domestic producers. It also increases uncertainty in international trade, thus acting as a deterrent against potential foreign competitors. Even if some anti-dumping legislations require consideration of the views of inefficient, the theory of political economy tells us that it is unlikely for these diverse groups to be as vociferous as the concentrated producers of an industry in lobbying activities.

The scenario of anti-dumping measures were designed to combat- predatory pricing by powerful companies to force out existing competitors so as to raise prices later and still be able to keep new competitors from entering the market- is less plausible. [22]

The absence of clear competition disciplines within the multilateral trading system has contributed to the proliferation of anti-dumping measures. Where foreign-based enterprises abuse their market dominance through predatory pricing for instance, the territorial nature of competition law makes it an inadequate tool to deal with the transgression.[23] This has led governments to use antidumping as an alternative to competition disciplines.[24]

Predatory pricing or predation is a methodology, which enterprises adopt to further their business interests in an illegitimate manner. Predation can take place both in the domestic and export market. There is no law or treaty at the multilateral level that deals with cross border predatory pricing. [25]This matter endeavor to WTO then General Agreement of Tariffs and Trade (GATT) expanded the scope of the use of anti-dumping in the rules of international trade. Thus multilateral and national dumping disciples target dumping that include predatory dumping. [26]

Predatory Imports Constitute Dumping: Predated imports can be targeted under the ADA provided they are dumped in the Predating  sense in which dumping is understood in the ADA. To determine whether predated imports are being dumped or not, the first comparable price is the price in the predator’s domestic market. The most difficult thing proving predatory pricing is to establish intent. However predatory imports are being, they will be treated as dumped imports and thus targeted under ADA. Targeting import under ADA does not require proof of predatory intent. The AB in United States- Anti Dumping Act of 1916 [27]stated that the requirement destroy, injure, or prevent the establishment of an industry or to restrain or monopolise any part of trade does not affect the applicability of anti-dumping if, other constituent element of dumping are present.

Countries have found it easier to slap anti-dumping duties because the standard of injury or imposition of anti- dumping duties is lower than the standard of injury for imposition of safeguard measures. In other words, standards for proving ‘serious injury’ are more stringent than that for ‘material injury’. In US – Lamb[28],15th Appellate Body (AB) described ‘serious injury’, given in Article4.1(a)of the Safeguard agreement, as a very high standard of injury ,meaning significant overall impairment of domestic industry.

Dumping is a classic example of international price discrimination where a producer firm sells its products at different prices in the domestic and export market. When the producer firm exports its goods at price less than at which it sells the same goods in domestic market, it is said to cause dumping of goods in the export market.[29]

Price discrimination, so long as it is not anti-competitive is recognized as a legal measure under competition law whereas, the same is unlawful in terms of the anti-dumping rules.[30]

The dumping of goods primarily leads to gradual eradication of firms operating in export market as the consumers increasingly tend to buy dumped goods. In the short run consumers, though, may benefit with goods at lower prices as the consumer surplus increases; the same does not hold true in the long run. In the long run, the firms in the export market gradually leave the industry due to losses and the exporter captures the entire demand in the export market. Eventually, the export would raise its prices at monopolist level when there are no competitors left in the market. The anti-dumping measure not only creates a level playing field for the domestic producers in the economy where goods are dumped but it also promotes efficiency in the economy that is the source of dumping[31] Beyond this antidumping rules have another discriminatory component, as they impose requirements to foreign producers that are not applicable to domestic firms. [32]

According the existing multilateral rules, antidumping actions are applied on a discriminatory basis and require no formal compensation to the affected parties, as they are under the blame of unfair behavior. Thus, antidumping rules generate unnecessary tensions among trading partners, because there is no clear record of the costs and benefits involved in each case, nor any transparent recognition of winners and losers.

Antidumping can provide stimulating illustrations for an endless list of economic concepts, such as capture, rent-seeking, moral hazard, adverse selection, contingent protection, imperfect competition, cartel behavior, transaction costs, optimal tariffs, comparative advantage, regional integration, and so on. [33]

Regrettably, however, antidumping for the most part is not being used to address abuse of market power. Antidumping procedures are defined under the assumption that a domestic competitive industry is facing a foreign monopolist or an international cartel, but this assumption is not supposed to be tested during the investigation. The consensus among trade economists is that the use of anti-dumping has become a tool to finance the inefficiency of special interests.[34]

Empirical analyses have shown the anti-competitive effect of anti-dumping. Further, they have confirmed the theoretical suspicion that anti-dumping laws have a negative effect even when they do not result in final duties. The mere threat of anti-dumping sanctions can be enough to induce foreign competitors to be less aggressive, and very often investigations end up with a suspension decision, in exchange for the promise of the foreign firms to stop “dumping” their goods.[35]

If anti-dumping duties do not certainly find their rationale in fostering economic efficiency, the only explanation for their existence is that they aim at punishing an unfair business practice. However, independently of the specific ways in which anti-dumping is calculated by the different national laws and regulations, it should be emphasized that there is little economies ration ale for considering the difference between the home price and the export price as an “unfair practice”.[36]

Michael Finger who is known for his seminal work on anti- dumping opines that

“Antidumping is a trouble-making diplomacy, stupid economics and unprincipled law”.[37]

COMPETITON LAW AND ANTI DUMPING

Anti-dumping laws and competitions laws aim at remedying “transnational price predation” and public interest. The trade (including foreign investment) and competition policies, support, complement and reinforce each other, facilitating market discipline and competitive behavior by both domestic and foreign companies.

With change in times, the two policies have evolved with different objectives in sight, which (in some cases) have led to conflicting situations. The aim of competition policy is to promote consumer welfare and productive efficiency, which in part depend upon market contestability, wherein import competition often plays a key role. On the other hand, the anti-dumping law is a trade remedy that addresses issues of industries injured due to import competition/ trading across national borders.

Antidumping rules allow practices such as price undertakings and quantitative trade restrictions that are forbidden under competition law. On the contrary anti-dumping rules penalize certain types of price differentiation that may be justifiable under the competition laws

India’s decision to impose anti-dumping duty on imports of polypropylene from Saudi Arabia and Oman is being alleged to be a protectionist measure that will artificially reduce competition[38]

The application of anti-dumping duty on polypropylene by the Indian government is intended to protect Indian petro-chemical companies from global competition there are many sources and factors that suggest that the support provided to these large industries will be at the expense of Indian downstream industries, importers and average consumers. Such an increase in the dominant position of the Indian polypropylene producers will unilaterally disadvantage wide range of crucial Indian downstream industries that use polypropylene in production and will make these industries less competitive both in domestic and global markets. Higher costs incurred by the downstream industries will also lead to higher prices for average Indian consumers. Exporting countries have also cautioned that the economies of India and the Gulf are inextricably linked through networks of trade. Hence, putting up protectionist fences and impeding the flows of goods and services will unnecessarily increase frictions and reduce economic growth in these regions in the long term.

Similarly, India’s decision to impose antidumping duty on phosphoric acid from countries across the globe (including China, Korea, Israel, Taiwan etc) are means adopted by the monopoly holding Indian industries to systematically eradicate any kind of competition within the domestic Industry; in order to sustain their market power and continuously increase prices of their product. The provisions of anti-dumping laws have been blatantly abused, which if examined under the principles of competition law may not be found to be justifiable and sustainable at all.[39]

In the recent times, the trend of approaching anti-dumping authorities for creating trade barriers and restricting competition (from foreign exporters) is on increase. Anti-dumping statistics clearly establish that Indian companies have been among the top users of antidumping laws and have been abusing the provisions to maintain/sustain their dominant positions in their respective markets/industries. In 2008, India led the chart by initiating 54 anti-dumping investigations, followed by Brazil with 23 anti-dumping investigations. Since 1995-2005, India had initiated 564 antidumping investigations[40].

It may not be entirely wrong to say that anti-dumping rules have undergone sequential change since their initiation and have also begun to deviate substantially from the commonly accepted norms and standards of competition policy and law.[41]It is now widely believed that “anti-dumping is a trouble making diplomacy, stupid economics and unprincipled law”[42]

Antidumping is likely to be abandoned because it neither ensures free function of the market nor provides an acceptable safety valve for domestic firm facing sudden, intense pressure from imports. According to WTO competition law and policy is better able to achieve the most efficient allocation of world resources.[43]

CONCLUSION

There has been an uncomfortable conclusion that anti-dumping is out of control, competition policy is out of immediate sight and safe ground policy is out of use.

[1] MAGDALEEN VAN WYK & MARUMO NKOMO,competition and trade policy,Enforcement & Exemptions Division at the Competition Commission

[2] The Other Side of Harmony: Can Trade and Competition Laws Work Together in the International Marketplace? Julian Epstein, American University International Law Review, Volume 17, Issue 2, 2002

[3] Competition Policy and international trade distortions, Alden F. Abbott and Shanker Singham at p 23.

[4] The Other Side of Harmony: Can Trade and Competition Laws Work Together in the International Marketplace? Julian Epstein, American University International Law Review, Page 362, Volume 17, Issue 2, 2002

[5] Preamble to the Marrakesh Agreement Establishing the World Trade Organization 1994

[6]Bernard Hoekman, “Economic Development, Competition Policy and the WTO”, at: http://econ.worldbank.org/external/default/main?pagePK=64165259&theSitePK=469382&piPK=64165421&m enuPK=64166322&entityID=000094946_02111404425138, accessed August 2014

[7] Ibid at 1

[8] Alden F. Abbott and Shanker Singham, “Competition Policy and International Trade Distortions”, at: http://ilreports.blogspot.com/2013/03/new-volume-european-yearbook-of.html, accessed August 2014

[9] Report of the Panel, WT/DS44/R, Japan – Measures Affecting Consumer Photographic Film and Paper.

[10] The approach in the Reference Paper followed some principles of competition and regulation for participants to consider binding in their basic telecommunications commitments, to protect and promote competition by requiring that, appropriate measures be maintained in order to ensure the elimination of anti- competitive practices. The US and Mexico had both committed themselves to the Reference Paper, which establishes disciplines on competition safeguards in the telecoms sector. Such safeguards include interconnection guarantees, transparent licensing, independence of regulators from telecoms operators, and fair allocation of resources such as frequencies, numbers, and rights of way.

[11]Here, the government is permitted to exact increased tariffs on the goods of entities that through “unfair” trade practices have caused injury to the domestic industry.

[12] MAGDALEEN VAN WYK & MARUMO NKOMO,competition and trade policy,Enforcement & Exemptions Division at the Competition Commission

[13] Ian Wooton and Maurizio Zanardi “Trade and Competition Policy: Anti-Dumping versus Anti Trust”, at: http://www.gla.ac.uk/media/media_22263_en.pdf, accessed August 2014

[14] The Other Side of Harmony: Can Trade and Competition Laws Work Together in the International Marketplace? Julian Epstein, American University International Law Review, Volume 17, Issue 2, 2002

[15] The use of the term “value” in antitrust law differs significantly from how the term is used in economics. To be clear, what is described as “normal value” by antidumping law is simply the price of the good in the country in which production occurs. In economics, the value of a product to a consumer refers to the maximum price that the consumer would be willing to pay to acquire a product whereas the price refers to the money that the consumer actually pays. Although consumers may pay the same price for a good, its value to each consumer may differ substantially. Notwithstanding, a rational consumer will purchase a product only if its price does not exceed its value to him.

[16]Kevin Harriott, ANTIDUMPING and COMPETITION LAW in CONFLICT, 2010Competition Bureau Chief (2010).

[17] Trebilcock- Howse (1995)

[18] https://www.wto.org/english/docs_e/legal_e/gatt47_01_e.htm

[19] Massimo Motta & Fabrizio Onida, TRADE POLICY and COMPETITION POLICY, 56 Giornale Degli Economisti E Annali Di Economia (1997)

[20] J. Michael Finger, Editor, Anti-Dumping: How it Works and Who gets Hurt; Part I Chapter 2 (The Origin and Evolution of Anti-Dumping Regulation) The University of Michigan Press (1993)

[21] Xiaohua Zhu, Anti-Dumping Measures: Time to Roll Them Back, 32 Economic & Pol. Wkly., May 9, 1997 at (1997).

[22] Xiaohua Zhu, Anti-Dumping Measures: Time to Roll Them Back, 32 Economic & Pol. Wkly., May 9, 1997 at (1997).

[23] Ian Wooton and Maurizio Zanardi “Trade and Competition Policy: Anti-Dumping versus Anti Trust”, at: Trust”, at: http://www.gla.ac.uk/media/media_22263_en.pdf, accessed August 2014, at 1. 19 .

[24] The Other Side of Harmony: Can Trade and Competition Laws Work Together in the International Marketplace? Julian Epstein, American University International Law Review, Volume 17, Issue 2, 2002

[25] Prabhash Ranjan, International Predation and Anti-Dumping, 45 Economic & Pol. Wkly., May 9, 2004 at (2004).

[26] Prabhash Ranjan, International Predation and Anti-Dumping, 45 Economic & Pol. Wkly., May 9, 2004 at (2004).

[27] AB reporton US – Anti-DumpingAct of 1916, WT/DS136/AB/R and WT/DS162/AB/R.

[28] The AB report on ‘US- Safeguards Measures on Importsof Fresh,Chilledor Frozen Lamb Meat from New Zealand and Australia ‘,WT/ DS177/AB/R and WT/DS178/AB/R.

[29] Anti-dumping Measure: Effect on Competition in Exporting Economy

[30] Rahul Goel is Partner at Seth Dua & Associates, Antidumping And Competition Policy: Total Strangers Or Soul Mates?

[31] ibid at 29

[32] José Tavares de Araujo Jr., Legal and Economic Interfaces Between Antidumping and Competition Policy, December 2001

[33] Blonigen and Prusa (2001) in José Tavares de Araujo Jr., Legal and Economic Interfaces Between Antidumping and Competition Policy, December 2001

[34] United Nations, Economic Commission for Latin America and the Caribbean, Division of International Trade and Integration Trade Unit (ECLAC),”Legal and economic interfaces between antidumping and competition policy” (2001), at: http://www.cepal.org/publicaciones/xml/0/9040/lcl1685i.pdf, accessed August 2014.

[35] See Staiger – Wolak (1994).

[36] Massimo Motta and Fabrizio Onida, Trade Policy and Competition Policy, Gironale degli Economisti e Annali di Economia, Vol. 36, Febrary 1997.

[37] Michael J. Finger “Antidumping: How it Works and who Gets Hurt”, ed., Studies in International Trade Policy, The University of Michigan Press, Ann Arbor (1993) at

[38] Jose‚ Tavares de Araujo Jr., Legal and Economic Interfaces Between Antidumping and Competition Policy

[39] Anti-dumping Statistics at http://www.antidumpingpublishing.com/info/free-resources/ anti-dumping-statistics.aspx viewed on April 11, 2012

[40] ibid at 39

[41] Antidumping rules v Competition rules Andreas Knorr Alfons Lemper, Axel Sell, Karl Wohlmuth (Hrsg.): Materialien des Wissenschaftsschwerpunktes “Globalisierung der Weltwirtschaft”, Bd. 31, Juni 2004, ISSN 0948-3837

[42] J. Michael Finger, Editor, Anti-Dumping: How it Works and Who gets Hurt; Part I Chapter 2 (The Origin and Evolution of Anti-Dumping Regulation) The University of Michigan Press (1993)

[43] Patrick A Messerlin, Competition Policy and Antidumping reform: An exercise in Transition, Institute of International Economics

Prescribing maximum qualifications as an eligibility criteria in appointments and punishment for wrongful declaration – a critique of LIC v Triveni Sharan Mishra

Guest Post

November 28, 2015

This article is contributed by Bhavpreet Singh Dhatt, Advocate, Punjab and Haryana High Court

The Supreme Court bench of Justices Sudhansu Jyoti Mukhopadhaya and Prafulla Chandra Pant delivered the judgement of Life Insurance Corporation and Ors v Triveni Sharan Mishra, Civil Appeal 4335 of 2007 on 2.9.2014 (2014) 10 SCC 346 . The Court was confronted with the question as to whether an employee who possessed minimum qualifications at the time of his appointment but was over qualified, i.e. he possessed higher qualifications than the prescribed maximum is entitled to what punishment?

The question arose out of the appeal filed by LIC against the order passed by the Single Judge of Madhya Pradesh High Court in W.P. (S) 542 of 2004. The Single Judge set aside the order passed by the disciplinary authority dismissing the delinquent employee from service and remanded the matter back to the authority to consider imposing a similar punishment as had been awarded to another delinquent facing the same charge in a different departmental enquiry.

The delinquent had been charged for showing his educational qualification as Higher Secondary (equivalent to 11^th Standard at the time) when he applied for the post of peon, though actually he was already a graduate and was pursuing M.A. (Economics) at the time. The minimum prescribed qualification was 9^th Standard with at least 50% marks, but no candidate should have held any educational qualification higher than 12^th Standard. The delinquent was charge sheeted and later a departmental enquiry was held which found him to be guilty. He was ordered to be removed from service with forfeiture of benefits after his reply to the show cause notice was found unsatisfactory. The said order was assailed by him before in a writ petition before the Madhya Pradesh High Court seeking parity in punishment with one Daluram Patidar.

Though it was argued on behalf of the delinquent petitioner before the High Court that fixing an upper ceiling on educational qualification for appointments is bad in law and persons can’t be debarred from applying on this ground, it seems that the vires of the terms of the terms of advertisement itself were not challenged before the learned single judge and the delinquent sought the limited relief of being awarded the same punishment. The Court observed noticed that the Supreme Court judgement of Mohd Riazul Usman Ghani v District and Sessions Judge, Nagpur and Another, (2000) 2 SCC 606 had held that such a criteria was not rational, but did not extend this observation as a universal principle and was to be restricted to the particular facts of that case. The High Court also observed that over qualification can’t be a bar for getting employment and that the present case did not involve any material suppression and since the employee did possess the minimum stipulated qualification, there was no fraud. The Court distinguished the Supreme Court judgement of Kendriya Vidyalaya Sangathan v Ram Ratan Yadav, (2003) 3 SCC 457, wherein the termination had been upheld for non-disclosure of criminal antecedents. The High Court finally ordered reinstatement without back wages and the matter was remanded to the disciplinary authority to impose the same punishment as the similarly charged Daluram Patedar.

The above order was carried in appeal by LIC before the Supreme Court but the same was dismissed. The Supreme Court in para 9 of the judgement framed two questions, i.e. whether the qualification that had been fixed was violative of Article 14 and whether the delinquent should have been awarded the same punishment as the similarly charged. The Supreme Court does not seem to have independently analysed the issue of Article 14 violation but agreed with the High Court relying on the judgement of Mohd Riazul Usman Ghani.

Surprisingly, the Court did not find favour with the judgement of Kerala Solvent Extractions Ltd v A Unnikrishnan, (2006) 13 SCC 619 and sought to distinguish it on the ground that the issue in the present case pertained to the validity of fixing maximum qualifications. Kerala Solvent related to empanelment of “Badli” workmen and the maximum qualification had been fixed as 8^th Standard. The employee showed himself to have studied up to 7^th Standard, but was later found to be over qualified and his services were terminated for fraudulent misrepresentation. The Labour Court ruled in favour of the workmen but the same was deprecated by the Single Judge of the High Court. The High Court, however, did not set aside the reinstatement of the workmen as no hardship or prejudice would be caused through his retention. The Division Bench refused to interfere and the matter reached the Supreme Court.

The Supreme Court made the following strong observations:

“8. Sri Vaidyanathan, learned senior counsel for the appellant submitted, in our opinion not without justification, that the Labour Court’s reasoning bordered on perversity and such unreasoned, undue liberalism and misplaced sympathy would subvert all discipline in administration. He stated that the Management will have no answer to the claims of similarly disqualified candidates which might have come to be rejected. Those who stated the truth would be said to be at a disadvantage and those who suppressed it stood to gain. He further submitted that this laxity of judicial reasoning will imperceptibly introduce slackness and unpredictability in the legal process and in the final analysis, corrode legitimacy of the judicial process.

We are inclined to agree with these submissions. In recent times, there is an increasing evidence of this, perhaps well-meant but wholly unsustainable tendency towards a denudation of the legitimacy of judicial reasoning and process. The reliefs granted by the courts must be seen to be logical and tenable within the framework of the law and should not incur and justify the criticism that the jurisdiction of courts tends to degenerate into misplaced sympathy, generosity and private benevolence. It is essential to maintain the integrity of legal reasoning and the legitimacy of the conclusions. They must emanate logically from the legal findings and the judicial results must be seen to be principled and supportable on those findings. Expansive judicial mood of mistaken and misplaced compassion at the expense of the legitimacy of the process will eventually lead to mutually irreconcilable situations and denude the judicial process of its dignity, authority, predictability and respectability.”

Kerala Solvents had a similar factual situation as Triveni Sharan Mishra. The Supreme Court’s logic to distinguish it on the ground that the latter involved a challenge to the prescribed qualifications seems to be questionable, on the ground that neither did the court in Triveni Sharan Mishra independently analyse the maximum qualifications prescribed on the touch stone of Article 14 nor did the court in the ultimate analysis give any finding about the vires of the said qualifications. The fact that the employee was found to be similarly charged and therefore, ultimately, subjected to the same punishment is further proof that the court did not strike down the vires though the court did express its disinclination with the prescribed maximal qualifications by agreeing with the observations made in Mohd. Riazul Usman Ghani.

While awarding the sentence in Triveni Sharan Mishra, the Court did not abide by the established principles of awarding punishments as per the principles laid down in a catena of judgements. The recent judgement of Lucknow Kshetriya Gramin Bank v Rajendra Singh, (2013) 12 SCC 372, had culled out certain principles in relation to the manner of awarding punishments under service law. The Court after considering and harmonising the law laid down in several prior judgements went on to observe as follows:

“19. The principles discussed above can be summed up and summarized as follows:

19.1 When charge(s) of misconduct is proved in an enquiry the quantum of punishment to be imposed in a particular case is essentially the domain of the departmental authorities.

19.2 The Courts cannot assume the function of disciplinary/departmental authorities and to decide the quantum of punishment and nature of penalty to be awarded, as this function is exclusively within the jurisdiction of the competent authority.

19.3 Limited judicial review is available to interfere with the punishment imposed by the disciplinary authority, only in cases where such penalty is found to be shocking to the conscience of the Court.

19.4 Even in such a case when the punishment is set aside as shockingly disproportionate to the nature of charges framed against the delinquent employee, the appropriate course of action is to remit the matter back to the disciplinary authority or the appellate authority with direction to pass appropriate order of penalty. The Court by itself cannot mandate as to what should be the penalty in such a case.

19.5 The only exception to the principle stated in para 19.4 above, would be in those cases where the co-delinquent is awarded lesser punishment by the disciplinary authority even when the charges of misconduct was identical or the co- delinquent was foisted with more serious charges. This would be on the Doctrine of Equality when it is found that the concerned employee and the co-delinquent are equally placed. However, there has to be a complete parity between the two, not only in respect of nature of charge but subsequent conduct as well after the service of charge sheet in the two cases. If co-delinquent accepts the charges, indicating remorse with unqualified apology lesser punishment to him would be justifiable.

It is made clear that such a comparison is permissible only when the other employee(s) who is given lighter punishment was co- delinquent. Such a comparison is not permissible by citing the cases of other employees, as precedents, in all together different departmental enquiries.”

In Lucknow Kshetriya, the Court held that parity must be not only in the nature of charge but also the subsequent conduct after the service of charge sheet. A person who admits this guilt at the first instance would deserve a lesser punishment than one who did not. The Court also limited the scope of judicial review while interfering with such orders.

The Supreme Court while delivering Triveni Sharan Mishra, lost sight of the principles laid down in para 20 of Lucknow Kshetriya which said that a delinquent can only be compared to his co-delinquent and that a delinquent can’t be compared to another similarly placed employee in a different departmental employee. Lucknow Kshteriya was rendered prior to the Supreme Court judgement in Triveni Sharan Mishra and therefore the judges had the benefit of the said judgement unlike the Single Judge of the High Court, but it seems that it was not brought to the notice of the Court.

The Division Bench of Punjab and Haryana High Court seems to have taken the correct view in Oriental Bank of Commerce v Ram Kumar, LPA 1250 of 2015. Herein, the intra court appeal was filed by the Bank against the order of the Single Judge in CWP 20961 of 2014 who had allowed the appeal of the employee by relying upon Triveni Sharan Mishra. The Division Bench noted that the length of service of the delinquent was different from that of the one who was alleged to be similarly charged, and the delinquent was entitled to benefits like retirement and gratuity, unlike the similarly charged who had a much lesser length of service and therefore, was not entitled to the same benefits. The said difference was a material factor and justified differential treatment to the delinquent from the similarly charged.

The conclusion of the Division Bench in Ram Kumar seems to be correct, even though the attempt to distinguish the Triveni Sharan Mishra on facts seems to be unsatisfactory. Though there are several judgements which have laid down mitigating factors for punishment of delinquent employees, the settled law seems to be that undue and misplaced sympathy should be avoided and the courts must show restraint and not interfere with the view taken by the departmental authorities unless it “shocks the conscience of the court.” In a number of judgements over the last three decades, the Supreme Court has cautioned against showing misplaced sympathy to delinquent employees. This reasoning, clearly visible from the sharp language used in Kerala Solvents, has been echoed in a long line of judgements by the Court.

Though the rule making bodies and authorities would be well advised to follow the law laid down by the Supreme Court in Mohd Riazul Usman Ghani and not fix any upper ceiling in the qualifications prescribed, in absence of any constitutional challenge to the qualifications and in the face of well settled position that courts should not be overly guided by compassion and sympathy, the Supreme Court should and is likely to set Triveni Sharan Mishra aside.

A chemical engineer working as a research analyst on why he took NUJS online Business Law Diploma Course

Guest Post

November 28, 2015

Aadav S.S completed the NUJS Diploma in Entrepreneurship Administration and Business Law in 2015. He is currently working as a research analyst with Beroe Inc; an organization into Procurement intelligence and supply chain management.

In the past, he has worked with prestigious firms like TCS and interned with Penumbra Magazine; which is an online open youth magazine in India. While interning here, he was part of the team that organized the first youth conclave in India at IIT Madras. He was instrumental in getting big names on board for the conclave like Dr. Prahlad Bumi from the Bhumi group, the ex-President of TCS, etc. He was even part of the team that conducted the Mumbai Marathon. He is very passionate about social causes and volunteers regularly with Cerebral Palsy Today.

We asked Aadav how the course helped him so far in his career, and what he told us was so interesting, that we decided to share it with all of you as a success story. Over to Aadav.

I joined the NUJS diploma in Entrepreneurship Administration and Business Law in 2014, at that time I was just out of college after doing my BE in chemical engineering from SASTRA University. I had a job offer at hand, but I did not want to take up a job as I wanted to start up something of my own.

I was searching the internet for some course which would give me insight about business laws in India and help me set up a startup. When I came across the syllabus of the NUJS diploma course, I was very impressed with it and decided to join the course.

I’m very much satisfied with what the course delivered. It was totally in sync with what was promised in the course curriculum and syllabus. As per me, this Diploma course is a repository of information on how to start a business and laws related to that in India.

The knowledge from the NUJS diploma course helped me set up my first startup. The in-depth knowledge gave me the confidence to present my startup pitch at ebay. Where we even cleared few rounds but, unfortunately, it was shelved due to some reasons.

The knowledge and insight gained from the course helped me advise my friend on his successful startup by the name Brand Konnect which is a brand consulting firm. I still advise him on different aspects of law related to his startup etc.

While in college I never took the initiative in writing, I was more of a speaker and always felt that writing is not interesting. But the drafting exercises in this diploma course were planned so meticulously that I took an interest to writing.

The module on drafting helped me a lot, the drafting exercises taught me how to align and structure my thoughts. The exercises on documentation and agreement were very informative and useful. The modules on trademark, copyright and property laws are very useful from a startup perspective.

As I’m a research analyst, we have to write lots of reports on market research and having done this course is giving me an edge over others.

In market research projects, when we take up a project we have to write the agreement for the client. In this also, this course is coming handy.

I have mentioned the NUJS diploma in Entrepreneurship Administration and Business Laws in my CV and LinkedIn. In almost all my interviews, I have had questions around this diploma course. People were curious to know about this diploma and we have had discussions about this course.

Once, I went for an interview at Murugappa group and they hired me on the basis of the NUJS diploma. They said that the knowledge I would be bringing through this diploma course would be an added advantage for them. Unfortunately, I could not take up this offer due to some reasons.

I would surely recommend the-the NUJS diploma in Entrepreneurship Administration and Business Law to others, especially to people planning to set up their startups. Startups are almost always in a cash crunch what I would say is that “Instead of hiring someone, take this course and do it yourself. It would save you money and ensure that no one takes you for a ride”.

Is Abortion Legal In India?

Guest Post

November 27, 2015

This article is written by Diksha Trivedi, a student of Nirma University, during her internship with iPleaders.

Abortion has given way for raging political and legal controversies worldwide. Some political and religious groups treat abortion as murder, while some feminist groups believe it as a part of a woman’s fundamental right to have control over her body. In India, however, views have been absent. We are following a 38 year old law of abortion which prohibits abortion after 20 weeks of pregnancy, unless the condition is threatening the life of mother. This amendment was made in Niketa Mehta Case. When the Medical Termination of Pregnancy (MTP) Act legalised abortion in 1971 and amendment was further made, there was zero opposition. The inclusion of flexible criteria for eligibility such as “contraceptive failure” indicates that the legislation was not meant to be restrictive. This Act has given right to women to exercise their choice. But the Act failed in disseminating information and providing health care to women. To a close observer, this might not be a big problem because the time period in which law was passed , women health was not such a big concern to society. The Act although has a liberal eligibility but in real sense it is disempowering the women. Medical professionals, in place of women, became the primary gatekeepers of abortion. In fact, it was expedited due to lobbying by large population. With an exception of a few designers who were concerned towards women health, rest were more interested in giving a way to prevent an increment in population. Lack of accountability gave doctors vast powers to interpret the law in their own idiosyncratic and restrictive ways. No systems were in place to follow up on what doctors were saying or doing. In India still traditional and lower class people have never heard of something like MTP act or legal abortion. Moreover, budgetary allocations for facilities of abortion is inadequate, due to which only a handful of practitioners can be trained and updated on the appropriate methods of termination of pregnancy at different stages. From a legal standpoint, however, the Act seemed to place India at the vanguard of the women’s rights to choose on her own childbearing, and also as an open outlet to various other problems.

Ineffective MTP Act

Within certain years, countries adopted similar liberal laws in response to the vociferous women’s groups’ advocacy but India’s women organisation are little concerned toward ineffectiveness of the MTP act. One such reason could be that half the battle was won by making abortion legal.

There are many women’s organisations actively coloured in the introduction of ‘the abortion pill’ and focusing on creating awareness about the problems attached to selective sex abortion.Only a few organisations, such as The Centre for Enquiry into Health and Allied Themes (CEHAT) have made serious efforts to understand the problem of abortion and limit to which it can be made legal and be used legally.

Backstreet Abortions Go On

Abortion as per the mind-set of the society is a sexual topic and should be discussed in silence. Cumulative effect of social shame and unawareness has failed the government and its policies in dealing with this taboo. Hence, service provided by government is part of such failure. Since many women are unaware about the content and provision of MTP Act hence they are unaware that abortion is legal. In one rural, community-based study in Vellore district of Tamil Nadu, it was found that 84 percent out of the 195 women knew where to get an abortion, but only 13.8 percent knew they were conducted by doctors. Few women know the basic facts about this medical option, it is difficult for them to demand that their right to a safe abortion be respected, especially if they already feel uncomfortable talking about it.

Obligations

In 2002 and 2003,The Medical Termination of Pregnancy Act (MTPA) was amended to allow doctors to provide prescription for mifepristone and misoprostol (also known as the “morning-after pill”) until seventh week of pregnancy.

In the following cases abortion is permitted beyond twenty weeks:

a woman is suffering from serious disease and the pregnancy could endanger her life;
a woman is physically or mentally ill and is endangered by the pregnancy;
the foetus has a substantial risk of physical or mental handicap;
a woman contracts rubella (German measles) during the first three months of pregnancy;
any of a woman’s previous children had congenital abnormalities;
The foetus is suffering from RH disease;
The foetus has been exposed to irradiation;
The pregnancy is the result of rape;
A woman’s socio-economic status may hamper a healthy pregnancy; and
A contraceptive device failed.

Permission

If a woman is married, her own written consent is sufficient. Her husband’s consent is not required.
If a woman is unmarried and over 18, she can provide her own written consent.
If a woman is unmarried and under 18, she must provide written consent from her guardian.
If a woman is mentally unstable, she must provide written consent from her guardian.

Procedure

Abortions can be performed in any medical institution which is having government’s license to perform medical termination of pregnancy.

The doctor who is doing abortion must have any one of the following qualifications:

A registered medical practitioner who has performed at least 25 medically assisted terminations of pregnancy.
A surgeon who has six months’ experience in obstetrics and gynaecology.
A person who has a diploma or degree in obstetrics and gynaecology.
A doctor who was registered before the 1971 Medical Termination of Pregnancy Act and who has three years’ experience in obstetrics and gynaecology.
A doctor who has registered after 1971 and has been practising in obstetrics and gynaecology for at least a year.

What can be done?

Abortion requires significant changes in its current framework to transform a theoretical right into a truly available and safe service of abortion. Following steps can be taken to ensure the same:

Campaign must be initiated to raise awareness of women’s rights under the Act. Major outreach efforts to inform about services and rules for abortion are needed. Media vehicles like TV and radio can be used for announcement and posters can be posted on vehicles stands or on billboards.
Step should be taken towards ensuring efficient distribution of medical resources and facilities for providing adequate equipment, supplies and staff.
Official documentation and recording should be done in hospitals for future references.
Incentives should be developed for doctors to get specific professional training for conducting abortions.
As per Medical Termination of Pregnancy Act the practitioners and hospitals should be registered so that supervision can be easily done by government.
Advocates should work towards making the public health system accountable to the millions of people for whom it is supposed to be designed, with special consideration to the rights of poor.

Conclusion

Indian society is quite conservative and pre-marital sex is considered a taboo. In both urban and rural locales, unmarried pregnant women are concerned that their confidentiality will be compromised if they go to a government hospital or a clinic. Another serious concern is the fear of being pressured into sterilisation. While the amount of coercion which takes place is unclear, this widespread fear indicates there has been plenty of manipulation in the past, and it is probably continuing. The Medical Termination of Pregnancy Act of 1971 was enacted with the intention of reducing the incidences of illegal abortion by Government of India. However, only 1 million abortion have been done till today, in spite of various facilities provided by government under the Act. This is because implementation of the Act is very slow and uneven, geographically. Perception of women towards abortion is hesitant; they are reluctant to utilize these services because of low anonymity and confidentiality. Therefore, the number of illegal or unregistered abortions is still very high. In order to prevent illegal abortions and maternal mortality and morbidity, government has to put more efforts to encourage greater use of contraception and increase knowledge about abortion laws in country. There is also a need for improvement in facilities for medical termination of pregnancy as provided in laws.

A Corporate Lawyer Pursuing CS, On How An Online Diploma Enhanced His Knowledge And Efficiency

Guest Post

November 27, 2015

Arpan Bajpai is currently working as an associate with RAD & partners and simultaneously pursuing Company Secretary Course (CS).

He completed the NUJS Diploma in Entrepreneurship Administration and Business Law and his law degree from Guru Gobind Singh Indraprastha University in 2014. Over here he talks about his experience with the NUJS diploma course, and how it helped his career. Over to Arpan:

I joined the NUJS Diploma in Entrepreneurship Administration and Business Law while I was in final year of my law school and was working with a Legal Process Outsourcing (LPO) firm.

I found this course while searching the internet for a course which would fill the gap between the theoretical knowledge provided in college and the practical knowledge needed in the corporate world. While deciding to join the course, I spoke to iPleaders team and went through all the sample reading materials provided and found it to be very useful. I found the diploma to be a great idea as it’s totally online. I was able to study for it conveniently at my own pace and time.

Before taking up the course, although I had theoretical knowledge, I had not really taken to drafting anything. The course has equipped me with drafting skills. During the course, I would repeatedly practice on the given drafting samples.

The course is very handy in my current role also; it is helping me in matters related to corporate law and litigation. It is also helping me draft deeds, wills, and agreements etc.

I found the modules on Contracts, FDI, Taxation and Incorporation to be extremely useful. I frequently interact with clients on FDI related matters and the module on FDI has helped me explain FDI to clients efficiently. I found taxation to be a difficult topic during my college; however, after going through the module provided in the diploma course, I now find it very easy.

I have mentioned this diploma in my CV as well as my LinkedIn profile. During my job interviews, I have been asked questions about this diploma. I not only explain the course, but I also recommend it to them. I’m very satisfied with the course and I really feel that it can benefit people from different walks of life, not just lawyers.

I would definitely recommend the NUJS diploma in Entrepreneurship Administration and Business Law to all types of working professionals, irrespective of the fields and industries they are working in.

A Final Year Law Student On How An Online Diploma Helped Her Secure An Internship With One Of The Best Law Firms

Guest Post

November 26, 2015

Nimisha Menon has interned with prestigious law firms like Khaitan & Co, ICICI bank corporate legal department etc to name a few. She is currently pursuing law from Army Institute of Law, Mohali. Apart from her corporate law career she is passionate about social causes especially related to environment and is associated with Wildlife Rescue and Rehabilitation Centre

She completed the NUJS Diploma in Entrepreneurship Administration and Business Law in 2014. She had a fruitful experience with the course and had many good things to talk about, so we decided to share it with you all. Over to Nimisha.

I joined the NUJS diploma in Entrepreneurship Administration and Business Law while I was in the 3^rd year of my law school. I found out about this course while searching the internet. I came across a video related to this diploma course and found it very impressive, but joining the course was not an impulse decision. I spoke to the iPleaders team and they counseled me about the course and its usefulness.

I feel that I took up the course at the right time because the subjects covered in the course such as Labor Law, Taxation, Company Law; Environmental Law etc are part of my college syllabus. It helped me grasp the concepts taught in the college very clearly. I especially liked the webinars on different topics by industry experts. One can get in-depth knowledge of the subjects from these webinars, such as the webinar on Disclosures and Companies Act. These things are not dealt with in college curriculum and classroom discussions.

The course was very helpful during my internship with Khaitan and Co. where I was assisting the dispute resolution team. It wouldn’t have been possible for me to take up the tasks assigned to me during internship had I not taken the course. Topics like Arbitration and IPR are covered only in the fifth year of law program in college. So when I was handed over my first arbitration assignment during the internship, I referred the course material and notes to brush up my knowledge. I would be referring the course materials again for my next internship.

I especially found the modules on arbitration and taxation to be very helpful. The NUJS diploma course has a very interesting and practical approach towards the subjects. I did not find subjects like company law to be interesting while in law school but the way the NUJS diploma course has been designed, it made all these subjects very interesting.

Doing this diploma gave me an edge over others in college as well as in internships, the topics which my co-interns found difficult to grasp; I could manage them very easily because I had in-depth practical knowledge of those, something which no law school would ever teach you.

Not just the course content, I had a very good experience with the whole iPleaders team. I benefited a lot from the career counseling services provided by iPleaders. I spoke to Ramanuj Mukherjee, one of the founders of iPleaders about things like my career plan, CV etc and found him to be very helpful; guidance from him has helped me decide upon my career path.

I have mentioned the NUJS Diploma in Entrepreneurship Administration and Business Law in my CV and my LinkedIn profile. I was even asked about the contents of the course during one of my internship interviews. I’m sure it had a positive impact on my interviewers and helped in my selection for the internship.

As I’m passionate about environmental law, in future I definitely plan to work with a law firm in the field of environmental law.

I would recommend this course to anyone who wants to know about practical aspects of law. I have already recommended this course to my juniors. I would recommend this course especially to law students as the course covers practical aspects of law which would make it easier to understand and comprehend the law school syllabus and it really helps during internships. Anyone who wants to start a business in any field would also find this course to be beneficial.

An HR and administration professional on why he chose to pursue an online diploma in spite of having an MBA degree

Guest Post

November 25, 2015

Pardeep Kumar is working with one of the top Multispecialty Hospitals in Delhi as Asst Manager HR and Administration. He completed the NUJS diploma in Entrepreneurship Administration and Business Law in 2015. Over here he talks about his experience with the NUJS diploma course, and how it is helping his career and future plans. Over to Pardeep:

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I joined the NUJS diploma in Entrepreneurship Administration and Business Law in 2014, at that time I already had an MBA degree in HR and Administration from Sikkim Manipal University and was working as an assistant Manager -HR and Administration at a Multispecialty Hospital.

I was looking for a course to brush up what I studied in MBA and gain some knowledge about start up laws. I searched the internet and came across many courses, but none of them were totally online courses like the NUJS diploma. I wanted a course which I could pursue sitting at home. I didn’t want to attend weekend classes or evening classes, as I was working full time. Secondly those courses were not extensive and lacked a practical approach. I had counselors telling me upfront that “you already have an MBA, then why do want to do a diploma”. They were themselves not sure of the value of their course.

But when I came across the NUJS diploma course, I was impressed by the course content and syllabus. I even spoke to the iPpleaders team and unlike other counselors I had interacted before; the iPleaders team reassured me that this diploma would be helpful even if I already have an MBA because it tackles the practical aspects of Law which are not covered in MBA. This confidence of the team was impressive enough for me to enroll for the Diploma course.

I’m very satisfied with the course and delighted to say that my decision was not wrong. iPleaders have kept their word, this Diploma course has imparted knowledge which was missing in my MBA. The best part of the course was the fact that it was totally online. The syllabus was so well planned that devoting even one to two hours a day was more than enough to study. This makes it a very good course for people who are working professionals or pursuing another full-time course.

Almost all the modules were informative and helpful. I’m not able to apply much of the learnings from the course in my current role, but it has really helped me brush up the concepts which I studied during my MBA.

In future, I plan to start up a business of my own and I’m sure this course would come handy at that time as it deals with business Laws in detail.

I would be more than willing to refer this course to anyone who wants in-depth and practical knowledge about business laws. I have already referred few of my friends and relatives. I believe this course is helpful for people irrespective of their professional background. You do not even have to be a graduate to apply for this course, the minimum qualification required is senior secondary pass. This makes the NUJS diploma accessible to more people. However, as per me it’s especially beneficial for Law student, CAs and people looking forward to starting their business.

What To Do If You Lost Your PAN Card Or Voter Identification Card

Guest Post

November 24, 2015

In this blogpost, Gareema Ahuja, a lawyer based out of Delhi and working at iPleaders writes on what steps to take to protect yourself and get new documents issues when you lose either your PAN card or Voter id card.

What to do when you lose your PAN card

Firstly do not panic if you have lost your pan card. It cannot be misused like your debit or credit card.

First lodge a complaint with the police.

Not reporting the loss of such documents puts you in big risk, so don’t forget to immediately report the loss to police.

Lodge a complaint online. Different cities have different websites. Bangalore : www.bcp.gov.in

Delhi: http://www.delhipolice.nic.in/register.html. once the complaint is lodged a lost report (LR.) number is generated which can be used for all future purposes.

Keep this report safe for the next few years. Keeping an online copy also works when you filed it online. If you filed complaint offline, take a receipt of the report and send yourself an email of a photograph you can click for future purposes.

How to get a new PAN reissued

If you remember your pan number and have a residence proof then it’s a few clicks. http://www.applypanonline.com/lost-pan-card-applicationform.php

In case you do not remember your pan number, don’t worry your pan number can be found.

Just click https://incometaxindiaefiling.gov.in/e-Filing/Services/KnowYourPanLink.html . Fill in the details. Once done with this fill the form available on http://www.applypanonline.com/lost-pan-card-applicationform.php .

The documents required while filling the form are identity proof, address proof and date of birth proof.

List of documents that can be used as identity proof

Voters Identity card
Driving License
Passport
Certificate of Identity signed by a Gazetted officer in proscribed format only
Certificate of Identity signed by a MP in proscribed format only
Certificate of Identity signed by a MLA in proscribed format only
Certificate of Identity signed by a Municipal Councilor in proscribed format only
Ration Card with photograph
Central Government Health Scheme card
Arms license
Pensioner Card with photograph
Ex- servicemen Contributory Health Scheme Photo card
Photo identity card issued by central Govt/ State Govt or Public sector Undertakign
Brank certificate in original.

List of documents as address proof

Voters Identity card
Driving License
Passport
Bank account statement
Credit card statement
Landline telephone or broadband connection bill
Employer certificate
Electricity bill
Depository account statement
Certificate of address signed by a Gazetted officer in proscribed format only
Certificate of address signed by a MP in proscribed format only
Certificate of address signed by a MLA in proscribed format only
Certificate of address signed by a Municipal Councilor in proscribed format only
Water bill
Consumer gas connection card
Passport of spouse
Post office pass book
Domicile certificate issued by the Government
Property registration document
Latest property tax assessment order

List of documents for proof as date of birth

Voters Identity card
Driving License
Passport
Birth certificate issued by Municipal Authority
Pension payment order
Marriage certificate issued by the Registrar of marriages
Matriculation certificate
Domicile certificate issued

Once the form is filled payment needs to be made. Payment can be made using credit card, debit card or Net banking. After making the payment a fifteen digit unique acknowledgement number is provided using which the progress and delivery of the pan card can be checked.

Don’t get a new pan card, get the old one reissued

While it may be easier to simply get a new PAN issued, it is a very bad idea to do so. It Is a criminal offence under the Income Tax act if a person has two pan cards with different pan numbers on his name. Even if you lost one, and you get a new one issued, you will be caught under this provision and may face stringent punishments. You might receive a legal notice from the government. The penalty for this is Rs. 10,000. One must surrender the second pan card back to the government in case he has two.

What to do if you lost a voter ID card

If one has lost his voters ID to obtain a duplicate one is quite simple the first step is to file a complaint. Filling of complaint can be done online as well in some of the states http://www.delhipolice.nic.in/register.html.

If there is no online complain filing procedure you need to go to the local police station and file a report. Make sure to collect a receipt of the complaint/ report you file.

How to get a new voter id

Fill the form 002 available on the election commission website http://eci-citizenservices.nic.in/. Documents such as identity proof and address proof also needs to be attached. The form needs to be submitted with a fee if Rs. 25. Once this is done a number shall be generated which can be used to track the voters identity card.

How long does it take to get a new Voter ID card

In 10-15 days the new voter ID card should be ready for you to collect it from the election commision regional office. The date can be checked online as to when the Voter Identity card shall be ready.

What can happen if you don’t report loss of your voter ID or PAN card

Firstly you won’t be able to get a new one if you do not report the lost of the older one.

Anyone who finds your Voters ID can misuse it for buying a Mobile sim card which can be further misused. In case any illegal activities take place involving your voter’s identification card or your PAN card it may amount to police investigation. Therefore to be on the safer side it is always better to lodge a complaint. Now the procedure has been made simpler it can be done online as well.

So why take the risk of falling into trouble it is better to be on the safer side and file the complaint online or by visiting the police station.

Book Review: Law as a Career by Tanuj Kalia

Guest Post

November 24, 2015

You could be a student in his Senior Secondary immensely confused with the plethora of career options open to you trying to narrow it down to ‘the one’. You could be a person in his 1^st Year of Law confused and bamboozled as to what is going on and how to proceed further? You could be a 5^th Year Law Student trying to figure out whether to litigate, take up a firm job, be an in-house counsel or choose from umpteen job opportunities.

Simply put, no matter what stage you are at, ‘Law as a Career’ by Tanuj Kalia is a book which will help you get through the aforementioned tumultuous times and thousands of questions with ease. The book is a know-how, do-how for all the law students and even students looking to pursue law.

It aims to quench the thirst in the students after completing their Xth looking at the most up-coming profession in the country by providing the ABC’s and 123’s of the law course. It aims to inform the people, who are not from the legal background, as to what law as a career actually holds for them and the real inside look quashing the myths and providing the ground zero reality. Be it explaining how to prepare yourself for the increasingly tough entrance exams such as CLAT, AILET, etc. or be it ranking the Law Schools on accounts which only a first-hand experience allows – it will guide you through the first and arguably the most important steps while choosing to go in the course and picking the right law school.

If you make it through to a law school, be assured you will have no clue as to what is going on in your life in that elusive 1^st year. This is where this book stands out for me. For people who have some prior experience in law school in the form of a known person, life is a bit easier. But for those first timers, it could be a monumental task. The book not only tells you about the do’s and don’ts of the first year but also explains the importance of a number of things so you can shape yourself accordingly. It makes the 1^st year a much easier experience and a better planned one overall. Also, the minute details about internships, etc. come a long way helping the freshers as it can solve a lot of their problems.

Be it crafting out the perfect CV or trying to strike hard on those job opportunities and the much warranted PPO’s, the book manages to explain all these effectively and provides a learning curve for even those who are well into the better part of their law courses.

Tanuj Kalia, is also the CEO and Publishing Editor of Lawctopus

As if this wasn’t enough, even the seasoned seniors in their last years of their courses will not find this a mere memoir of their times at law school but instead would find the book helping them out in an unexpected way. Interviews with some of the most well-known legal-luminaries and a detailed take on what career option you can finally pick and your field and specialization and what not. It will provide the harshest of realities but hey, that’s something which not many can do!

All in all, the book is a complete package which provides something for everyone. Right from a Xth Class student to the 5^th Year Student in the top notch Law School. If at any moment you feel you have doubts as to what can a career be in law, if you have ever second questioned your decision to join the law school or if you are still questioning as to what career option to choose at the end of the course, the book answers them all emphatically.

A Must read!

You can buy the book online from Flipkart and Amazon.

This review is made by Yashraj Samant, a student of Maharashtra National Law University, Mumbai.

3 reasons why you may want to drop whatever you are doing and change the direction of your life

Ramanuj

November 23, 2015

There are many reasons why inertia is preferable. Let the universe take its default course of action, which does not involve much of your sweat and discomfort. Why work hard, why engage in wild goose chases, why push against barriers, why risk failure, uncertainty and humiliation by proposing something new, what can you change about the universe anyway? Just keep doing whatever work of small importance you are busy with, stick to the dead end course of action that will lead you towards a mirage called security which you don’t really like but no significant achievements.

There would never be lack of excuses to postpone your big dreams, your ambitions and to not explore the boundaries of your abilities.

But you must do it for yourself. Irrespective of what difference it might make to the universe, it will certainly make a huge difference to yourself, as a person, as a being, as an independent existence. If you want to live a life driven by your own will, you have no choice – because in the default game which does not involve your sweat, you are just a pawn.

You are probably working on someone else’s agenda. You are probably a pawn in someone else’s game. You are not using your free will unless you are using your imagination to create your own destiny.

To convince you, these 3 reasons should be enough.

Reason 1 – You don’t want to have regrets when you die

Do you think when you are close to your last moments; you are going to have regrets? Are you going to think that you did not express yourself enough? That you did not become the best person you could become? That you worked too much and did not have enough time for yourself? That you did not chase your biggest dreams?

Well, you don’t have to go as far as your dying moment – you can look at people in their 40s. Most of their lives are already deserts of misgivings, about the things they should have gone after but never did. Even you may have some of those misgivings and regrets already – about things you wanted and never did anything to achieve, and its already too late.

It’s not easy to live the life you want to live – because no one wants you to do that. Your parents have a plan for you. The government has a role in mind for you. The education system, the economy, the employers – everyone wants you to be obedient and follow the role assigned to you – of a pawn in someone else’s game. Get the bloody work done, draw a salary, get the weekend off, and work for someone else for a pittance rest of the time. Take a loan, buy a car, build a house and keep working to pay off loans and credit card bills if you are lucky. Take pension, and take time off for yourself when you are old, barely alive, until you die.

The alternative is to live the life you really want. That involves taking risk, being a bit selfish, refusing to play to the tune of other people, inventing your own game, starting your own business or working on some other agenda which is your own, improving yourself to the point of excellence. It means working harder than the average person, having a plan, pushing against barriers which everyone consider invincible. It’s not going to be easy, but it’s the only way.

There is no choice – you either live the life you want or live the life according to other people’s agenda, as their pawn or you live the life of your dreams. It is a tough choice at the beginning, but in the long run it is obvious – because when you grow old, you want to feel like a person who lived well. You want to wear a smile of satisfaction. In the short run making your own path will be difficult, but you’ll be thrilled. You’ll feel like a man with a purpose. You’ll be a woman with an agenda.

Reason 2 – you hate slavery

Everyone, almost everyone who doesn’t go after their true ambitions, their dreams, feel like a slave at times. I have felt it. I have seen people I know go through that terrible pain. A bit more or a bit less. They have a bit of security, and a lot of insecurity too. The system gives them enough to keep them hooked, and betrays them on every step. The insecurity is necessary to keep you working, to keep the rush on, to not give you enough time or resources to work on your own agenda. Result?

People remain slaves of their own insecurity and never even realize that they live in a prison of their own creation.

Yes, the matrix is real.

Reason 3 – You are not a pawn

Maybe you are an artist. Maybe you are an explorer. You might be an innovator, a businessman, a philosopher, a dreamer. When you watch a movie, when you read a romance novel – you can feel that you are a central character – a hero or a heroine. You are the kind of person who makes things happen, not a passive side-actor. Not the nameless faceless people without a story. Not the one just taking orders or getting caught in the mailstrom of events.

You have a story, and you can take the lead role. You have to fight. You have to go through the pains and the challenges that suits a central character.

You have no real choice, but to live your story. Really, you need no reason to do it either.

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3 reasons why you may want to drop whatever you are doing and change the direction of your life

Reason 1 – You don’t want to have regrets when you die

Reason 2 – you hate slavery

Reason 3 – You are not a pawn

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