Briefing Books are organisation-wide publications of the Vidhi Centre for Legal Policy
Briefing Books are organisation-wide publications of the Vidhi Centre for Legal Policy
Towards the Rule of Law – 2014
Making Tribunals Effective
Vidhi Proposed
The redrafting of the Tribunals Bill, 2014 to ensure uniformity in appointment, terms and conditions of service, and the retirement of tribunal members.
Action Taken
The Supreme Court sought the Centre’s view on bringing all tribunals under one umbrella to ensure the independence of Tribunals in India.
Reform Bankruptcy Laws for Individuals
Vidhi Proposed
The reconceptualisation of existing personal insolvency laws in India to limit judicial discretion and make the system objective.
Action Taken
The Insolvency and Bankruptcy Code, 2016 came into existence following Vidhi’s recommendations and with its involvement, which also reformed the personal insolvency system.
Reform the Corporate Insolvency System
Vidhi Proposed
Reimagining the legal regime for resolving corporate insolvencies in India.
Action Taken
The Insolvency and Bankruptcy Code, 2016 came into existence following Vidhi’s recommendations and with its involvement, which transformed India’s corporate insolvency system.
Cooperative Federalism: From Rhetoric to Reality
Conceptualising E-Commerce Laws
Vidhi Proposed
The creation of a set of national norms applicable to e-commerce transactions to prevent further legal and regulatory confusions.
Action Taken
The Department of Industrial Policy & Promotion (DIPP) released the draft national e-commerce policy that proposed the creation of a legal and technological framework for restrictions on cross-border data flow and the conditions for businesses collecting or processing sensitive data stored locally and abroad.
Overhauling Adjudication of Inter-State River Water Disputes
Vidhi Proposed
The Inter-State Water Disputes Act 1956, should be replaced by a new law based on a four-fold framework of: mandatory mediation, permanent Inter-State Water Disputes Tribunal, regular audits to monitor compliance and pre-legislative consultation.
Action Taken
The Inter-State River Water Disputes (Amendment) Bill, 2019 passed by the Lok Sabha introduces the Dispute Resolution Committee (DRC), which will seek to resolve the dispute through negotiations. The Bill further introduces a single Inter-State River Water Disputes Tribunal to resolve inter-state river disputes.
Towards the Rule of Law – 2017
Bolster Soft Enforcement of Corporate Offences
Vidhi Proposed
The enactment of an alternative to prosecution through a robust soft enforcement regime to reinforce the culture of compliance amongst private players and ensure optimum utilisation of public resources.
Action Taken
The Companies Act, 1956 was amended and the Companies (Amendment) Act, 2019 was introduced to promote the ease of doing business and better corporate compliance.
Vidhi Bengaluru Briefing Book: Fifteen legal reforms for a progressive Karnataka
Regulatory Sandboxes for Innovation in Karnataka - Towards Empircal Policy Making
Vidhi Proposed
The establishment of regulatory sandboxing in Karnataka to foster innovation through new technologies for which existing legal frameworks may not be appropriate.
Action Taken
The Karnataka Innovation Authority Act 2020 and Karnataka Innovation Authority Rules, 2020, which provided for regulatory sandboxing was drafted by Vidhi Karnataka.
Strengthening Communities and Building Systems
Funding Public Libraries in Karnataka
Vidhi Proposed
The Karnataka Public Libraries Act, 1965 should be amended to give only the State Government the power to levy and collect cess, and give greater powers to the local authorities to determine how it should be spent at the local level.
Action Taken
Vidhi Karnataka is working with the Karnataka Urban Infrastructure Development Corporation to submit a report on the working of public libraries in Karnataka and suggestions for reform.
Towards a Post-COVID India: 25 Governance Challenges and Legal Reforms
Introduce a Special Framework for Resolving Insolvency of MSME’s
Vidhi Proposed
A separate insolvency resolution to be designed by making proper modifications to the Insolvency and Bankruptcy Code processes to provide an effective rescue mechanism for distressed Micro, Small and Medium Enterprises (MSMEs).
Action Taken
The Insolvency and Bankruptcy Code (Amendment) Bill, 2021 introduced to adopt a hybrid insolvency process combining the benefits of out-of-court workouts with the legal certainty of a formal insolvency process with Vidhi’s involvement.
Promote Online Dispute Resolution for Lockdown Related Disputes
Vidhi Proposed
The promotion of Online Dispute Resolution (ODR) to address pendency in Courts that were shut down during the COVID-19 lockdowns.
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.
Briefing Book for 2021: Fifteen Suggested Legal Reforms for Maharashtra
Putting the Public Back in Public Libraries
Vidhi Proposed
The amendment of the Maharashtra Public Libraries Act, 1967 to reconstitute State Library Council (SLC’s) and reduce the number of members required for a SLC. Further amending the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 to further devolve financial powers to the Zilla Parishads specifically in the case of public libraries.
Action Taken
Vidhi Maharashtra prepared a report on restructuring the governance of public libraries in Maharashtra.
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