Invisible Kineticism in Visible Technology: A Brief Sketch on the Nexus Between Nanotechnology and Information Technology

--Srinivas Borra

The modern progressive world has been vibrant in transforming the ages of civilization, moving from agricultural revolution, industrial revolution, information technology revolution to nanotechnology revolution.‘Nano’, the invisible potential of micro-miniature world, is found amazing in its evolution, dwarfing even the gigantic industrial and scientific revolution. Recent scientific expeditions—like control of kinetic and thermodynamic process in the self-assembly of the luminophor, a novel photo luminescent ink for rewritable media for creating long-lasting images and the Danceroom Spectroscopy, fusing science, music and 3D imaging, and micro spectrophotometer system to monitor the full range spectra of a microscopic sample area over time and plot the results—testify to the efficacy of nanotechnology applications in diverse fields of human activity. Despite its invisible kinetism in many fields of technologies, there is no articulated nanotechnology law to control and regulate the consequences of nanotechnology operation. Companies that do not anticipate and embrace this change may find themselves sinking slowly in its wake. The 21st century is riding on the accelerated exponential growth of nanotechnology, witnessing a paradigm shift. Nanotechnology is destined to redefine, reshape and eventually transform economies and societies on a global scale. This paper is an endeavor to sketch briefly the inevitability of nano applications in the future.

© 2017 IUP. All Rights Reserved.

The Doctrinaire Trident Testing Constitutionality of the Laws

--Mohan R Bolla

Old and established legal principles are called legal doctrines. As a general rule, there is an agreement that the doctrine is “a source of inspiration” of the rule of law or a de facto authority. This paper attempts to highlight some leading judgments of the Supreme Court of India to trace the principles of law forming the basis for the application of the doctrines, viz., the doctrines of Pith and Substance, Repugnancy and Colorable Legislation which have been applied by the common law systems. The trident testing the constitutionality of the laws dealing with the legislative relations of the Union and the States in India is analyzed. The author discusses the division of power among the Union and States in the Federal setup of India to decide the constitutionality of the legislations by the Constitutional Courts in India with the tools of interpretative doctrines.

© 2017 IUP. All Rights Reserved.

Dispute Settlement Activity Under WTO: Problems and Perspectives

--V G Ranganath

Global trade jurisprudence espouse a constitutional vision of world trade, and trend of laissez faire and promise for ever-blooming global village. But the ideals of distributive justice in WTO Dispute Settlement Systems dampened the spirits of less developed countries. The interpretative methodology and the judicious and normative acumen of the WTO adjudicators is often test-checked on the critique of the decisions of the Panels and Appellate Bodies of WTO Dispute Settlement Mechanism, calling in question the legislative nobility of Dispute Settlement Understanding (DSU) and the executive earnestness of dispute settlement process. In settlement of trade disputes, two theories (1) “pragmatists” who argue for a “diplomatic” approach that stresses conciliation and problem-solving over legal precision, and (2) “legalists” or “rules-oriented” proponents who hold that legally binding rules will produce more certainty, predictability and fairness for all GATT/WTO member states, compete for dominance. This paper analyzes the operation of these theories in WTO dispute settlement process.

© 2017 IUP All Rights Reserved.

ILO and Its Impact on Labor Welfare Provisions in India

--Meera Kumari Singh and Tabrez Ahmad

This paper discusses the impact of the activities of the International Labor Organization (ILO) on the Indian labor scene. ILO has rendered exemplary service to all the three elements composing it—government, employers and workers. India has greatly benefitted from the ILO standards which helped in improving the lot of the working class. ILO standards have greatly influenced labor legislation, labor welfare, trade unionism and industrial relations. Following ILO tradition, the principle of tripartite consultation has been successfully adopted by the Government of India in the formulation of labor policy on the basis of consensus. In essence, there is a close resemblance between the ILO Philadelphia Charter of 1944 and the Fundamental Rights and the Directive Principles of State Policy under the Indian Constitution. The paper also states that all these basic documents are based on the principles of freedom, individual dignity and social justice.

© 2017 IUP. All Rights Reserved.

Can a President Self-Pardon? – A Comparative Study Between the US and India

--Priti

The Presidents of the US and India enjoy certain executive powers under their respective Constitutions. One such power is the power to grant pardon or clemency. The pardoning power of the President is not an unbridled one, and judicial review of such a power is possible under the Constitutional framework. This paper discusses the scope and limits of the pardoning power of the President of the US and compares the same with the Indian scenario. The main issue of discussion is whether the President can self-pardon and if so, whether such power is permissible under the Constitution or not. Self-judging or self- dealing is one of the most pertinent principles of natural justice and such a power goes against the constitutional structure as well. Furthermore, an attempted self-pardon will undermine the confidence of the people in the President and the Constitution.

© 2017 IUP. All Rights Reserved.