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South Asia

Does the legal field show that India is globalised?



After the New Economic Policy was rolled out by the government in 1991, the country made commitments for a liberalised, globalised and privatised economy. The reforms aimed at competitiveness, innovation and expertise. In light of such reforms, the researcher aims to look at the developments in the legal field which has social, political and moral implications. As such, this field has a plethora of implications if any developments happen. For this reason, the developments and implications of reforms in this field have to be carefully understood.

In pursuit of finding answers to the question of globalisation in this profession, the researcher analyses the precedents and provisions for practice oflawfor understanding the qualifications and restrictions in this profession. Cues are also taken from developments in similar professions as well.

The sensibility as far as competition in the legal profession is concerned; continues to remain xenophobic and protective. Its restrictive stance on allowing foreign law firms to practice in India substantiates such xenophobic attitude. As such, India may have become globalized in many arenas, but legal profession is not one of them. The restrictive stand is also identified by two leading advocates of the Indian bar, Mr. Harish Salve and Mr.Gopal Jain. Standing in dissent of the Supreme Court’s decision, they remarked :

“If 20 global law firms hire 2000 youngsters from India whose future are we stealing”-Salve

“If foreigners are allowed to play cricket in India why not practice law?”-Jain

“Fiat justiciaruatcaelum: to spirit of competition or corpus of protectionism”

The maxim says justice be ensured till the walls of heaven fall. This refers to the eternity of justice to be ensured to everyone. There is need to understand whether the possibility of threat should avoid globalisation to permeate to the profession or should the needs and benefits of globalisation be understood. The following section seeks to understand the answer to this question.

The provisions as to practicing in India are provided in the Advocates Act,1961. There is a condition of being an Indian Citizen and being enrolled in state bar associations for practicing law ,reciprocity in home country of the foreign lawyer to recognise Indian lawyer  and the liberty to frame rules for non-citizens to practice in India  are restrictions that the statute places on the profession.In the present times, there have been three landmark cases in this regard.

In the first case, Lawyers Collective v Bar Council of India, legal profession was propounded to be different from commercial activity. RBI was not justified in granting the foreign firms, entry to India to open liaison offices in India. This case highlights the rationale of court in not taking the reforms to apply in legal profession the way it applies in commercial activities.

In the second case, A.K. Balaji v Government of India,the Madras High court held that lawyers can be allowed on “fly in and out basis” and also for international commercial arbitration. As such, it relaxed the restrictions a bit with this exception.

In the third case, the Supreme Court in Bar Council of India v A.K. Balaji&Ors., upheld the verdict of Madras High Court regarding the “fly in and out” doctrine. The case allows for limited liberty to be given for practicing the profession outside home country.

All the above provisions and developments imply that the legal profession has not being receptive to globalisation. It’s an irony that India has been a member of GATS (General Agreement on Trade in Services) and has taken up various steps for fostering trade in services like: insurance, banking, engineering, software etc. But sadly the steps in furtherance of legal services and its liberalisation and globalisation have not been taken in tandem. This also means that the precedents on the entry of foreign law firms are in opposition to the GATS Agreement to which India is a signatory.

It is noteworthy that the country restrictive to Google, Snapchat, Instagram and Facebook i.e. China also liberalised the legal sector in restrictive ways. It allowed only representative officers with two years of experience but excluded the field of only Chinese legal affairs.

As far as India is concerned; linguistic, psychological, semantic, regional and sentimental barriers are enough to avert the firms coming into the domestic country for international collaboration. The moral and social arguments are taken in direct relation to the ‘nobility of the profession’. Because the legal service sector is underestimated to be of low addition to FDI and GDP, the reforms might have been ignored. Moreover,it could be considered politically motivated. The goals of liberalisation have been to foster competition, innovation and economies of scale and our experience post-1991 has countered the idea that liberalisation will lead to monopolisation, unaffordability, and unemployment. As such, the challenges and threats to reforms are not the way they were contemplated.

The business houses and corporations prefer to have lawyers with expertise in issues like international law, intellectual property rights etc. to be represented in international suits in India. The domestic practitioners conventionally stick to the bar and do not offer extensive practice on these contemporary issues. Hence, they find it hard to defend themselves without lawyers of their choice. As part of ways to counter these restrictions, many lawyers have started living on borders as natural persons -individuals, professionals and even partners of a foreign law firm.  This again illustrates the need for globalisation in the field.

The Madras High Court identified that lawyers should have expertise in foreign law in this age of FDI and foreign companionship. In yet another similar case regarding capital gains , the Supreme Court held that an international commercial arbitration centre is important for overall economy. As such, the field is demanding the reforms to cope with the dynamic environment which is interactive in nature.

Developments in similar professions

Health and justice are considered to be essential social needs. Both of these fields have practical pedagogy, qualifying exam to practice, professional ethics, code of conduct & consultancy as a way of practicing. These are the similarities between the two professions and hence the way foreign practitioners have provisions of practice in India, legal profession can imbibe those as well.  To practice medicine in India, an Indian citizen has to qualify a screening test given that s/he has qualified the practitioner test in that different country.  Foreign doctors visiting India for a short duration of time also require permission from the Medical Council of India.

There is only one lawyer for 886 non-lawyers   and 3.3 crores pending cases in Indian courts. Hence, there is a need to expand the spectrum of legal practitioners. As such, provisions similar to the medical profession can be made for legal profession as well. All India Bar Exam provides ‘certificate of practice’ to the passing candidates as the entry to legal practice. In a similar manner, foreign practitioners and firms can also be tested by a basic screening test.

As far as consultancy, expertise and experience are concerned, audit firms follow the legal profession. In the latest amendment, FDI guidelines for audit firms were relaxed. If the investor wants a foreign audit firm, joint audit can be carried in which one players should not be international. This provides domestic firms safeguard and opportunity. This model can address the threats and opportunities simultaneously.

Conclusion and the way forward

The researcher believes that foreign law firms should be allowed to practice the legal profession in India. The mode of entry can be certainly guided by a few requisites as they exist in other similar professions. For years together, the domestic players have been protected from the sort of competition that could have been there.

However, to ensure equitable opportunities to both these players, the BCI must relax the rules in a phased and justified manner. As the need to allow international arbitration was felt and foreign firms were allowed in this area, other arenas can be introspected as well. In the researcher’s opinion, such a process should be in phases. In the first phase, intellectual property rights, human rights, corporate law, immigration law can be globalised. This is because these areas are related to international collaboration because they deal with issues in other jurisdictions as well.  In the second phase, consumer law, cyber law, computer law, space law etc. can be liberalised and globalised.This would ensure excellence and precision in these contemporary areas which are coming up in recent times. And lastly, the traditional areas-civil, criminal and family law could be taken up. This will ensure that the legal profession gets globalised in a wholesome and phased manner. This stratification is based on the hierarchy of reforms needed in the current times. The researcher agrees to the argument about justice being important than competition and the threats that could come to the society if the reforms are carried out irresponsibly. The phased process will uphold the morality and societal argument in the field along with contemporary discourse. This would bear the fruits of economic policy and ensure opportunities to all.

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South Asia

Pakistan and Germany are keen to Sustain Multifaceted and Mutually beneficial Cooperation



Pakistan has varied history of relationship and cooperation with other countries in international arena. Despite of proactive foreign policy Pakistan has been struggling to acquire global or regional status as a major power. Now in the age of globalization, the foreign relations between states have become more significant than before. Global and regional organizations, societies, economic zones and countries have network to attract and develop relationship among them. A major goal of Pakistan’s foreign policy is to develop good relations with international community and to handle global and regional issues. Activism of Pakistan‘s foreign policy reflects on the domestic socio-economic development. The national interest of Pakistan also support to regulate inputs from the external atmosphere into internal situation and to strive security and territorial integrity in the region and glob which always remained top concern of Pakistan. As bearing geo-strategic position, Pakistan seeks good relations with regional and global powers like America, China and European Union. Within European Union Germany has emergence as the developed economy in Europe. It is not only playing vital role within European Union but at the global level. Pakistan is also enjoying cordial relations with Germany on the base of common interest and perception on all international issues. Germany is also very keen to see sustainable development in Pakistan and acknowledges that the Pakistan is playing constructive role for regional peace. Germany greatly values Pakistan intense to strengthen multifaceted and mutual beneficial cooperation. Both the countries have been engaged on political, economic and socio-cultural partnership.

In past, East and West Germany had tilted towards forming alliance with India in 1950s but in 1960s, President Ayob Khan‘s visit to West Germany established economic relation between both the countries. Post Pak-India war 1971, East Germany was the first country of the Europe who recognized Bangladesh. During 1990s, Pakistan and Germany established Pakistan German Business Forum and Germany had become the fourth largest trade partner of Pakistan in 2000.  Germany also was ally of Pakistan in the war against terrorism in the north-west part of the country. Since the last few years, both the countries developed trade relations as well as Germany invested in the field of science and technology in Pakistan. On August 24, 2014, Germany built Pakistan Gate in Berlin to provide business and trade facilities to the businessmen of both the countries.

In November 2018, Pakistan offered Germany to join CPEC and to invest in the Special Economic Zone (SEZs). The mutual trade between both the countries enhanced to 3.0 billion euro in 2019.In 2021, Both Pakistan and Germany are celebrating 70th anniversary of establishment of bilateral relationship. Both the countries are planning to undertake several activities in this regard. Last month German Ambassador visited Karachi Chamber of Commerce and industries to call German companies, entrepreneurs and investors to earn from the potential and opportunities which are available in Pakistan and to bring business communities of both the countries more closer as well. Foreign minister of Pakistan has visited to Germany and meeting with business and members of Pakistani community. The foreign Minister held meetings with the leadership of Germany and repeated the desire of expansion of bilateral economic activities and exchange of technology. Both sides also discussed rapidly changing situation of Afghanistan and South Asian region. During the discussion, Pakistani Foreign Minister Shah Mehmood Qureshi and Foreign Minister of Germany Heiko Mass, Pakistan and Germany agreed to review the entire gamut of Pakistan-Germany relationship and tools of further deep bilateral cooperation in the field of trade, investment security and defense, health, education, tourism. The mass of both the countries want to utilize the potential of good relationship but it is observed that both sides have lack of political hierarchy, dedication and sincerity in past. The development and expansion of bilateral relationship lies on the path of peaceful coexistence and serious changes in the socio-economic structure is needed. Peace process with the neighboring countries like Afghanistan and India may attract Germany to invest in CPEC projects and other local project of education, vocational training, dam construction, tourism and economic activities in Pakistan. There is a need to organize a forum for the students and scholars of both the countries could interact and exchange their expertise for academic, economic and technology growth. There is potential of people to people interaction and development of cooperation between Pakistan and Germany. Pakistan may be more benefit from the relationship with Germany if the serious efforts be made on government level.

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South Asia

Modi’s Illiberal Majoritarian Democracy: a Question Mark on the Future of Indian Minorities



india democracy

The word majoritarian is an adjective which relates to or constitutes a majority, majoritarian politics, or majoritarian democracy. It can be defined as a traditional political idea, philosophy or a practice according to which any decision whether political, social, or economic of an organized society should be made by a numerical majority of that society or it can be defined as a traditional political philosophy that stresses that a majority usually branded by religious, language, social class that also includes other recognizing factors of individuals in a society are subject to a level of superiority in a society because of which they have a say in every affair of a society. The concept of majoritarian dispensation in India under Narendra Modi has deep links with four other political philosophies i.e. Populism, Nationalism, Authoritarianism, and Sultanism. Before exploring Narendra Modi’s majoritarian policy of governance in India and its effects on the future of Indian minorities, I will first uncover the link of majoritarianism to political philosophies as mentioned.

A majoritarian leader is actually a populist leader who works hard for the concerns of people that who thinks are being ignored by the established elite groups in a society, and who always present himself as a new man mostly of a modest and plebeian background against old political establishment, in spite of the fact that who is a seasoned political figure, but usually not centre stage. This is exactly what Narendra Modi is, because in his 2014 election campaign, he presented himself as a new man against the Ghandi’s family’s old political system despite the fact he was CM Gujrat at that time. He also presented himself as someone who belongs to a very plebeian background that he had to work in his father’s tea shop when he was a child. Whereas, nationalism is a political idea or a philosophy that promotes and protects the interests of a particular nation, nationalism is the bedrock of most of the populists and NarendraModi is no exception. NarendraModi is a majoritarian national-populist leader who since his childhood has been the member of RSS, and now is a full time pracharak of RSS ideology that stresses that Hindu are the true and only sons of this Indian soil.

Majoritarian national- populist leaders like Narendra Modi are basically authoritarian leaders who reject political pluralism, and this is exactly what Modi is doing in India.Modi  and the BJP has made it clear that no other party should compete with it, or is even needed, as indicative from its slogan of a ‘Congress Mukt Bharat’ (a Congress-free India).Whereas, Sultanism is a form of authoritarian government and according to Max Weber NarendraModi is a new sultan of India who is pushing India towards illiberal democracy by rejecting all kind of civil liberties particularly of Indian Muslim minority.

Modi’s majoritarian policy of governance in India is basically the promotion of majoritarian democracy that asserts Hindus a special and superior status in India because they constitute 80.5% of total Indian population and that this majoritarian policy protests Hindutva ideology  that stresses that Hindus are the only sons of this soil and that strengthen the Hindu community. This majoritarian democracy is a big question mark on India as the world biggest liberal democracy because continuous violence, rejection of civil liberties, and crimes against the minorities that are Muslims, Sikhs, and Christians have been on the increase. About 1.8 million people who are minority communities are tortured in police custody every year. The word murder of minorities has been replaced by the term encounter killings. Torture have increased to such a huge extent that it questions the credibility of the rule of law and criminal justice. Hindu nationalists are revolting all around India especially against Muslims because they are the largest minority in India constituting 13.4% of total population and because Hindus have resentment toward their religion, Christians and Sikhs are no exception to their violence because they too constitute 2.3% and 1.9% of total Indian population.

Unfortunately, India under Narendra Modi is crawling from the world’s biggest liberal democracy to illiberal majoritarian democracy which is promoting and safeguarding only Hindu’s civil rights and liberties and that which is negating minority’s civil liberties and civil rights especially rights and liberties of Muslims of India. One such example of this is the Citizenship Amendment Bill (CAB).Under the act, for the first time in India, religion is a basis for granting citizenship. According to some this citizenship amendment bill by BJP is an intentional act in order to marginalize Muslims from mainstream politics. In addition to this, Muslims are not only being tortured at their religious places for their religious affiliations, but they are also being tortured at their educational institutions which is evident from a video of 15 December 2020, where Delhi police brutally tortured Muslims students of Jamia Millia Islamia university.

Keeping in mind Narendra Modi’s illiberal majoritarian democracy, the future of liberal democracy or pluralistic India appears to be gloomy, where the future of Indian minorities especially Muslims is a big question mark. 

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South Asia

CoVID-19 Control: Can Pakistan Learn From China?



coronavirus people

It has been over a year since the first case of CoVID-19 was confirmed in Pakistan. The tally has reached 721,018 confirmed cases, 15,443 have died and 4,143 critical cases by 11thApril2021. Across many countries, since January 2020, a massive surge of research into CoVID-19 had enabled the scientific and medical community to better understand how to manage and eliminate the virus through public health interventions. Today, we have learned, CoVID-19 causes acute symptoms and death. We have learned, immunity lasts at least eight months and we also have five licensed vaccines. We have learned, the long-term effects of CoVID-19 and the morbidity attached to having this virus. We have learned, virus transmission occurs through droplets and aerosols spread through coughing, sneezing, breathing and speaking. We also have learned, stopping the spread of CoVID-19 requires people to avoid mixing though restrictions on social life. We have learned, the virus can mutate into various strains that can be more transmissible – and we also have understand cat-and-mouse game between vaccine and variants.

To alleviate the destructive effects of CoVID-19 on the economy, Pakistan has sought debt relief of slightly around $2 billion from its G20 creditors. In addition to the G20 countries, China was the largest bilateral creditor with $9 billion, followed by Japan with $5 billion. By early April 2020, when there were just about 2,000 CoVID-19 positive cases in Pakistan, the World Bank approved $200 million package to help Pakistan. Likewise, the International Monetary Fund (IMF) had approved the payout of $1.386 billion as financial support to Pakistan to meet its urgent balance of payment needs halting from the CoVID-19 outbreak. Further, to support Pakistan’s public health response to the CoVID-19 and allow to meet the basic needs of the vulnerable and poor segment of society, the Asian Development Bank (ADB) approved $500 million emergency assistance loan to Pakistan. Similarly, The Islamic Development Bank (IDB) also provided a $650 million financial package to support Pakistan in its efforts against the CoVID-19. All these grants were provided to Government of Pakistan to assist in effective and timely action in response to the spread of the CoVID-19. The objective was to strengthen Pakistan’s public health infrastructure and to alleviate socioeconomic disruptions due to the pandemic. Despite huge grants and substantial endowments, Pakistan’s response to the CoVID-19 has been unsatisfactory. Lack of basic healthcare infrastructure, disease surveillance and management system,  and inconsistent implementation of policies and SOPs resulted in the rapid and incessant spread of third-wave of CoVID-19 throughout the county.

China’s extraordinary organized and preventive risk management approach, established on coalition between government officials, virologists, epidemiologists and public health experts, has demonstrated to be successful in containing and controlling CoVID-19.The experience in China emphasized the significance of listening to science and public health experts during pandemic event. Firstly, China’s response demonstrates the value of national research and public health capability. Huge investment in research and development rendered China much better prepared for CoVID-19. China’s experience indicates the value of investing in national health and research scheme to boost laboratory capacity along with workforce. They are essential to a rapid and effective national response to health emergencies and to national health security. Secondly, a strong foundation of research and development cannot ensure effective control without powerful top-level political dedication to use science to confront the outbreak. Government and leaders must respect science, understand its significance, and act on science-based advice in a way that is best for society. Thirdly, attaining speedy and successful implementation of control measures for CoVID-19 requires extensive community engagement. Public solidarity during the CoVID-19 outbreak in China had been unprecedented. Control measures that could sacrifice personal freedom were accepted readily by the nation.

To be brief, cricket is to South Asia and football is to Europe. In fighting CoVID-19, everyone is equal. Everyone has the identical liability and shares the equal threat. The effective implementation of prevention and control measures in China is a model for Pakistan other parts of world to follow. From the beginning, a science-based, risk-informed and phased approach was taken, with a clear appreciation and enthusiasm. Today, China has restarted its economy, reopened and almost returned to normality. The key of success story is to make everybody responsible, get every single division involved and held executives accountable. These are the most prominent lessons Pakistan could learn from China at national and local levels. After the failure of “Smart-Lockdown” strategy, Pakistan needs to choose a strict strategy, should follow the example of China and continue the lockdown until the number of CoVID-19 infections is brought close to zero; the strategy should then be to maintain infection rates at very low level until vaccination is done. China’s epidemic management provides an important experience from which countries such as Pakistan can learn. This applies in particular to Pakistan, which would risk to lose many of its achievements in case of a severe third wave of the epidemic. Government of Pakistan should involve not only public health experts, virologists and epidemiologists, but also scientist and respect science advice when making any decision that is required to keep the epidemic under control. The rest of the world can also learn from China’s success in bringing outbreak under control.

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