Briefing Books - Vidhi Centre for Legal Policy

Briefing Books are organisation-wide publications of the Vidhi Centre for Legal Policy

2014

Towards the Rule of Law – 2014

Making Tribunals Effective

Vidhi Proposed

Redraft the Tribunals Bill, 2014 to ensure uniformity in appointment, terms and conditions of service and retirement of tribunal members.

Action Taken

Supreme Court sought Centre’s view on bringing all the tribunals under one umbrella to ensure that the tribunals work efficiently and independently. (March 2019)(The Economic Times).

Reform Bankruptcy Laws for Individuals

Vidhi Proposed

Existing Personal insolvency laws for limiting judicial discretion and making the system objective taking into account modern day practices.

Action Taken

Insolvency and Bankruptcy Code, 2016 came into existence, that consolidates and amends the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner

Reform the Corporate Insolvency System

Vidhi Proposed

Amend the Companies Act 2013, and introduce pre-packaged administration for resolving insolvencies within the existing framework.

Action Taken

Insolvency and Bankruptcy Code, 2016 came into existence, that consolidates and amends the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner.

2015

Cooperative Federalism: From Rhetoric to Reality

Conceptualising E-Commerce Laws

Vidhi Proposed

Enact a comprehensive code applicable to e-commerce transactions, updating existing norms to meet the changes in technology and also creating new legal definitions of terms such as ‘online marketplace’ and ‘service’, which have hitherto not been clearly defined in Indian law.

Action Taken

The Department of Industrial Policy & Promotion (DIPP) released the draft national e-commerce policy proposing setting up a legal and technological framework for restrictions on cross-border data flow and also laid out conditions for businesses regarding collection or processing of sensitive data locally and storing it abroad.

Overhauling Adjudication of Inter-State River Water Disputes

Vidhi Proposed

Replacing the Ad-hoc tribunals under the Inter-State Water Disputes act 1956 and enact a new legislative framework that do not provide political incentives for quick and effective resolution.

Action Taken

The Inter-State River Water Disputes (Amendment) Bill, 2017 was introduced by Minister of Water resources that proposed a Single Standing Tribunal (with multiple benches) instead of existing multiple tribunals along with introducing mechanism to dispute amicably by negotiations, through a Dispute Resolution Committee (DRC) and a transparent data collection system.

2018

Towards the Rule of Law – 2018

Bolster Soft Enforcement of Corporate Offences

Vidhi Proposed

A robust soft enforcement regime to be enforced by Regulators like the Securities Exchange Board of India (“SEBI”), CCI, MCA etc. that will reinforce a culture of compliance amongst private players and will ensure optimum utilization of public resources.

Action Taken

The Companies act 1956 was amended and Companies (Amendment) Ordinance, 2018 was introduced that proposed the twin objective of promoting ease of doing business and ensuring better corporate compliance.

2018

Vidhi Bengaluru Briefing Book: Fifteen legal reforms for a progressive Karnataka

Regulatory sandbox law for Karnataka

Vidhi Proposed

The Briefing Book recommended a regulatory sandbox law for Karnataka which would enable startups to approach the State Government to set up a regulatory sandbox to address any legal barriers to the deployment of their innovation and seek legal reform accordingly.

Action Taken

Vidhi drafted the Karnataka Innovation Authority Act, 2020 along with the Karnataka Innovation Authority Rules, 2020 which provides for the creation of a regulatory sandbox to relax any state government law, rule, or order standing in the way of deployment of innovation.

2019

Strengthening Communities and Building Systems

Modification of funding and management of public libraries in Karnataka

Vidhi Proposed

The Briefing Book recommended that the manner of funding and management of public libraries in the State of Karnataka be modified. It was recommended that the Local Library Authority function under the supervision of local government while the funding comes from the state government as a tied grant to such local government.

Action Taken

Vidhi is currently working with the Karnataka Urban Infrastructure Development Corporation (a wholly-owned undertaking of the State of Karnataka) to submit a report on the working of public libraries in the State of Karnataka with suggestions for changes to the legal reform.

2020

Towards a Post-COVID India: 25 Governance Challenges and Legal Reforms

Kick-start the economy

Vidhi Proposed

A Special Framework for Resolving Insolvency of Micro, Small and Medium Enterprises (MSMEs).

Action Taken

The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 introduced Vidhi’s suggestion to adopt a hybrid insolvency process combining benefits of out-of-court workouts with the legal certainty of a formal insolvency process.

Think Digital First

Vidhi Proposed

Promoting Online Dispute Resolutions to Address Pendency, especially as Courts Shut Down during the Lockdown.

Action Taken

Vidhi worked as part of the sub-committee of phase III of the eCourts project.to prepare a vision document for developing end-to-end Digital Courts in India.

2021

Briefing Book for 2021: Fifteen Suggested Legal Reforms for Maharashtra

Systemic Reforms Across Sectors

Vidhi Proposed

A set of 15 recommended reforms for the State of Maharashtra with a focus on the COVID-19 pandemic. The suggestions covered a range of issues from education, justice, healthcare, and environment (to name a few)

Action Taken

Prepared a report on public libraries which was a topic in the Briefing Book

2014

Towards the Rule of Law – 2014

Making Tribunals Effective

Vidhi Proposed

Redraft the Tribunals Bill, 2014 to ensure uniformity in appointment, terms and conditions of service and retirement of tribunal members.

Action Taken

Supreme Court sought Centre’s view on bringing all the tribunals under one umbrella to ensure that the tribunals work efficiently and independently. (March 2019)(The Economic Times).

Reform Bankruptcy Laws for Individuals

Vidhi Proposed

Existing Personal insolvency laws for limiting judicial discretion and making the system objective taking into account modern day practices.

Action Taken

Insolvency and Bankruptcy Code, 2016 came into existence, that consolidates and amends the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner

Reform the Corporate Insolvency System

Vidhi Proposed

Amend the Companies Act 2013, and introduce pre-packaged administration for resolving insolvencies within the existing framework.

Action Taken

Insolvency and Bankruptcy Code, 2016 came into existence, that consolidates and amends the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner.

2015

Cooperative Federalism: From Rhetoric to Reality

Conceptualising E-Commerce Laws

Vidhi Proposed

Enact a comprehensive code applicable to e-commerce transactions, updating existing norms to meet the changes in technology and also creating new legal definitions of terms such as ‘online marketplace’ and ‘service’, which have hitherto not been clearly defined in Indian law.

Action Taken

The Department of Industrial Policy & Promotion (DIPP) released the draft national e-commerce policy proposing setting up a legal and technological framework for restrictions on cross-border data flow and also laid out conditions for businesses regarding collection or processing of sensitive data locally and storing it abroad.

Overhauling Adjudication of Inter-State River Water Disputes

Vidhi Proposed

Replacing the Ad-hoc tribunals under the Inter-State Water Disputes act 1956 and enact a new legislative framework that do not provide political incentives for quick and effective resolution.

Action Taken

The Inter-State River Water Disputes (Amendment) Bill, 2017 was introduced by Minister of Water resources that proposed a Single Standing Tribunal (with multiple benches) instead of existing multiple tribunals along with introducing mechanism to dispute amicably by negotiations, through a Dispute Resolution Committee (DRC) and a transparent data collection system.

2018

Towards the Rule of Law – 2018

Bolster Soft Enforcement of Corporate Offences

Vidhi Proposed

A robust soft enforcement regime to be enforced by Regulators like the Securities Exchange Board of India (“SEBI”), CCI, MCA etc. that will reinforce a culture of compliance amongst private players and will ensure optimum utilization of public resources.

Action Taken

The Companies act 1956 was amended and Companies (Amendment) Ordinance, 2018 was introduced that proposed the twin objective of promoting ease of doing business and ensuring better corporate compliance.

2018

Vidhi Bengaluru Briefing Book: Fifteen legal reforms for a progressive Karnataka

Regulatory sandbox law for Karnataka

Vidhi Proposed

The Briefing Book recommended a regulatory sandbox law for Karnataka which would enable startups to approach the State Government to set up a regulatory sandbox to address any legal barriers to the deployment of their innovation and seek legal reform accordingly.

Action Taken

Vidhi drafted the Karnataka Innovation Authority Act, 2020 along with the Karnataka Innovation Authority Rules, 2020 which provides for the creation of a regulatory sandbox to relax any state government law, rule, or order standing in the way of deployment of innovation.

2019

Strengthening Communities and Building Systems

Modification of funding and management of public libraries in Karnataka

Vidhi Proposed

The Briefing Book recommended that the manner of funding and management of public libraries in the State of Karnataka be modified. It was recommended that the Local Library Authority function under the supervision of local government while the funding comes from the state government as a tied grant to such local government.

Action Taken

Vidhi is currently working with the Karnataka Urban Infrastructure Development Corporation (a wholly-owned undertaking of the State of Karnataka) to submit a report on the working of public libraries in the State of Karnataka with suggestions for changes to the legal reform.

2020

Towards a Post-COVID India: 25 Governance Challenges and Legal Reforms

Kick-start the economy

Vidhi Proposed

A Special Framework for Resolving Insolvency of Micro, Small and Medium Enterprises (MSMEs).

Action Taken

The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 introduced Vidhi’s suggestion to adopt a hybrid insolvency process combining benefits of out-of-court workouts with the legal certainty of a formal insolvency process.

Think Digital First

Vidhi Proposed

Promoting Online Dispute Resolutions to Address Pendency, especially as Courts Shut Down during the Lockdown.

Action Taken

Vidhi worked as part of the sub-committee of phase III of the eCourts project.to prepare a vision document for developing end-to-end Digital Courts in India.

2021

Briefing Book for 2021: Fifteen Suggested Legal Reforms for Maharashtra

Systemic Reforms Across Sectors

Vidhi Proposed

A set of 15 recommended reforms for the State of Maharashtra with a focus on the COVID-19 pandemic. The suggestions covered a range of issues from education, justice, healthcare, and environment (to name a few)

Action Taken

Prepared a report on public libraries which was a topic in the Briefing Book