Practical Academic
-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.
Thursday, March 28, 2024
Comment on India’s Statement at Nuclear Energy Summit Brussels 2024
Thursday, February 22, 2024
India's Planning to Attract Private Investment in Nuclear Sector to the Tune of US$ 26 Billion
In a major development, the print media reports that India is in talks with various private firms to attract investment to the tune of US$ 26 billion in the nuclear sector, in order to produce electricity from sources that do not produce carbon emissions. India plans to increase the percentage of contribution by non-fossil fuel sector in electricity generation. The current contribution of the nuclear sector and other sectors towards electricity generation is given below:
Installed Power Generation
Capacity (2023) |
||
Particulars |
Installed Capacity (MW) |
Percentage |
Fossil Fuel |
2,37,269 |
57% |
Renewable Energy |
1,73,619 |
41% |
Nuclear Power |
6,780 |
2% |
India now seeks to increase this 2%. News reports also suggest that the Government has been in talks with Reliance Industries, Tata Power, Adani Power and Vedanta to contribute about $ 5.30 billion each for investments in the nuclear sector. India is no exception: a substantial number of countries are looking at the nuclear option to meet their Net Zero commitments.
From a legal perspective, there might be a need to modify the present regulatory structure of nuclear energy in order to attract private investments (see, for instance, here). The increased focus on nuclear energy presents important opportunities, albeit long term, for law firms. Specialisation in nuclear power regulation, contracts relating to nuclear power plants, etc. will go a long way in catering to the potential market. Likewise, legal education in India could also focus on nuclear energy law, as this post notes.
Saturday, January 27, 2024
"A Employee" and the Employee's Compensation Act, 1923
The Workmen's Compensation Act, 1923 was amended in 2009 through the Workmen's Compensation (Amendment) Act, 2009. One of the main purposes of the amendment was to make the said law applicable to all categories of employees and to bring about a gender neutral term.
For that purpose, the Short Title to the Act was changed to "Employee's Compensation Act, 1923" instead of "Workmen's Compensation Act, 1923". The term "workman" and "workmen" were replaced with "employee" and "employees". To do so, Section 5 of the Workmen's Compensation (Amendment) Act, 2009 provided:
"5. Throughout the principal Act, for the words "workman" and "workmen", wherever they occur, the words "employee': and "employees" shall respectively be substituted, and such other consequential amendments as the rules of grammar may require shall also be made." (emphasis added).
In effect, Section 5 stated that wherever the term" workman" occured, it should be substituted with "employee" and corresponding grammatical changes would also be made. For instance, if the phrase "a workman relinquishes" it would have to be changed to "an employee relinquishes" although Section 5 of the the Workmen's Compensation (Amendment) Act, 2009 calls for substitution of the term "workman" with "employee".
Unfortunately, we see in the Employee's Compensation Act, 1923, as is uploaded in the India Code website that the consequential grammatical changes were not made although "workman" was substituted with "employee". Some examples of this situation is provided in the table below:
Section |
Text of the Statute |
2(1)(e) |
“when the
services of a [employee] are temporarily lent or let on hire” |
2(1)(g) |
“earning
capacity of a [employee] in any employment” |
2(1)(l) |
“incapacitates
a [employee] for all work which he was capable of performing” |
2(1)(m) |
“paid by the
employer of a [employee]” |
The Act is replete with such errors in various other provisions. This requires correction.
Thursday, January 18, 2024
India Postpones Bringing Into Effect the Digital Personal Data Protection Framework
India enacted the Digital Personal Data Protection Act, 2023 ("DPDPA" or "Act") and the statute has been published in the Official Gazette. The Act along with the regulatory framework is yet to be brought to force. Section 1(2) of the Act reads:
"(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision."
The Central Government is yet to notify the date on which the provisions of the Act would come into force.
From media reports (here and here), it initially appeared that the Government was making rules and the same would be published and the regulatory framework would be brought into effect by January 2024. However, media reports now (here and here) suggest that the Government has postponed its decision to make the Act and the regulatory framework effective to post-elections, which are generally held in the months of April/ May.