Date: 22^nd January 2022 – 6^th February 2022???????????????????Venue: Google Meet (Online)

?he 3^rd Constitutional Law Society (NLUO) Credit Course, titled “The Economics of Constitutionalism: Principles and Practice” commenced on 22^nd of January 2022. With the primary aim of bridging the gap between the theoretical understanding of the economic principles and the subsequent application in public policy and law, the course hosted a panel of experts from the field of law and economics. The course was scheduled to be held on the weekends of January and first week of February, with a total duration of 20 hours. A total of 146 participants registered for the course taught by 4 course instructors from 22^nd January 2022 to 6^th February 2022. The course began with an orientation conducted by the Constitutional Law Society wherein the participants were apprised of the ground rules for the course and subsequently, introduced to the background of the course instructors.

On 22^nd January, there were two lectures scheduled. The first lecture was conducted by Prof. Mukul Asher. It gave an introduction to the entire course structure while delving into the inter-section of Law and Economics. Prof. Mukul Asher who holds a PhD in Economics from the Washington State University, is an experienced instructor in the field of Economics. Prof Asher began his lecture with select observations on the application of principles of economics in the field of law. His lecture discussed concepts like Transactional Costs and how the different branches of it, namely search and information, bargaining, decision making, policy and enforcement are very often used by both litigants as well as the judiciary in assessing the efficaciousness of the remedy sought. The lecture saw active participation and assisted the students in strengthening fundamental concepts of constitutional economics. The second lecture of the day was delivered by Dr. K.P. Krishnan, a retired IAS officer and a renowned name in the field of economics. The lecture, ‘State, Economy and Regulation’ covered wide base and discussed concepts like pareto efficiency, the underlying consequence of market failure and its subsequent impacts. Attention was focused towards remedial measures which included a detailed discussion on modified behaviors, taxation and the reliance of expenditure in public goods for redistribution. This concluded the first day.

The next day began with Prof Asher’ session, which discussed the theme of constitutional management. The lecture started with a discussion on Coase Theorem – the problem of social cause, the theoretical dimensions of constitutional economics and further delved into the finer details of the principles of economics as discussed in the works of Mr Richard Posner. The session concluded with Prof Asher suggesting reforms in PFMs for their better and efficient functioning.

The next session for the day on “Constitutional Equality and Evolving standards in Economics” was conducted by Mr. Lalit Panda, a fellow at Vidhi Centre for Legal Policy. His lecture primarily focused on the Indian position on Article 14 of the Indian Constitution which deals with the Right to Equality, specifically manifest arbitrariness, and the idea of substantive equality in Article 15 and 16 of the Constitution. This was followed by a discussion of the problems inherent in each doctrine and the lack of clarity in how the law on equality relates with discrimination law. Mr. Panda’s lecture was a departure from the normative understanding of the constitution and delved deep into the rationale befalling the provisions of the constitution which peaked the interests of the students. The second week thus concluded on a high note.

The last leg of the course, included lectures by Dr. Suryaprakash Mishra, Assistant Professor for Economics at National Law University, Delhi who discussed the concepts based on the theme of ‘Positive Constitutional Economics’ and the ‘Economic Analysis of the Constitution’. He discussed key concepts of critical importance embedded in the constitution, the understanding of which facilitates a smooth interpretation of the constitution. This includes social contracts, principal-agent relationship, precommitment device, bundle of conventions and evolutionary process. He also elaborately engaged in a discussion for the need for rules and regulations. His lectures saw the use of extremely though provoking examples and situations like the prisoners’ dilemma game. The weekend, saw concluding lectures by Dr. Krishnan, where he furthered the discussion on statutory regulations. His navigated the lecture around the failure during the licensing raj of the Industrial Regulatory and Development Authority and the subsequent introduction of the Securities and Exchange Board of India to rectify the failures. He also discussed the structural deficits within the legislature including lack of specific expertise and the slow response to domain awareness. His lecture, known for the enriching content and thought-provoking discussions concluded with him gauging an idea of what lies ahead in term of structural reforms. The last lecture for the course on ‘Equality in Policy Making’ was taken by Mr. Panda wherein he made the students aware about the difference between law and public policy and their intersectionality and consequent overlap in application. He also discussed concepts of legal equality in policymaking, its economic analysis and the existing gaps between rules, standards and micro-directives. This lecture enabled the participants better understand the practical drawbacks and flaws in the policies and encouraged intuitive and novel solutions.

All the lectures saw an enthusiastic participation from the participants with each lecture witnessing meaningful questions and interjections. The course culminated along with a panel discussion on the topic which was open to all the participants as well as other members of the legal fraternity.

Date: 6^th February 2022????????????????????????????Venue: Google Meet (Online Platform)

The Panel Discussion conducted on 6^th February concluded the 3^rd Credit Course organized by the Constitutional Law Society, NLUO. The theme for the discussion was ‘Emerging Trends in Constitutional Economics in India and its Place in the Global Scenario’ and it was the final culmination of the twenty hour long tedious yet fulfilling journey. The aim behind conducting this panel discussion was to bring together the course instructors on a common platform to facilitate an intersectional analysis and diversified understanding of the various tenets of constitutional economics. The discussion was made open to the NLUO fraternity, and it witnessed an enthusiastic participation from the participants of the course along with interested participants from the student body of NLUO. The panel for the day comprised of Prof. Mukul Asher, Dr. KP Krishnan and Mr. Lalit Panda, all of whom are renowned luminaires in the field of economics and constitutional law. The session was moderated by Ms. Rishika Khare, Assistant Professor of Law at NLUO.

The Panel Discussion commenced with tracing the history of CLS at NLUO and the activities it has conducted. The audience was then introduced to the panel after which, the microphone was handed to the course instructors to steer the discussion. The format of the discussion was structured in a way that each course instructor had fifteen minutes to put forward their valuable insights on the specific area of constitutional economics after which the floor would be made open for questions. The discussion focused on a multitude of areas and themes revolving around strengthening the accountability of State Regulated Authorities (SRA), the overarching need for a market understanding in order to bring balance between constitutional and economics law and the need for initiatives to organize and conduct an empirical study of the initiatives of the Supreme Court in recent times and its consequent repercussions they hold for economic growth and development of India. Dr. Krishnan comprehensively covered the scope of market regulations and the transformation brought about in the economy of the country post the 1991 liberalization reforms. The discussion also touched upon the very idea of a regulator or SRA by engaging with examples of Securities and Exchange Board of India etc.?The discussion advanced further to engage with ideas of instituting structural reforms by analyzing Supreme Court activities and correlating them to the economic standards and implications. Mr. Panda stepped in at this juncture to focus the attention of the discussion towards governmental accountability. He emphasized on the role of the government’s actions in creating ambiguity especially in recent initiatives like the vaccination policy between the different strata’s of the society. This was specifically in context of allowing access to vaccine doses which constitutes violation of constitutional principles and the economic ramifications of the same. After the conclusion of these detailed remarks by the experts, the floor was made open to questions.

The participants picked up on the nuances of the constitutional provisions and the underlying fallacies of the economic policies. One of the questions sought to understand the possible changes which could be brought about in administrative law in order to better the transparency and accountability in the conduct of the SRA’s. Prof. Asher suggested reforms on the lines of separation of powers and demanding more accountability from these institutions which was echoed by Dr. Krishnan. Dr. Krishnan took the discussion one step ahead by delving into the provisions of the Constitution which enshrine the concept of rule of law. Furthermore, he shed light on Article 53(3) of Constitution which enables conferment of functions on authorities however the immediate fallacy being that neither “functions” nor “authorities” has been defined.

The participants also brought in the contemporary aspect of COVID-19 pandemic and the effect that it has had on constitutional economic balance. This steered the discussion in the direction of the inadequacies which were highlighted in regulations and the increasing economic failures which were witnessed in the country in light of the rising economic pressure. Mr. Panda elaborated upon the various factors like the demand supply, difficulties in implementing regulations etc. In continuation of the context of the Pandemic induced problems, the panel also addressed the economic consequence of not including refugees in the vaccination policy for the third phase in India, specifically when dealing with ideas of market accessibility. This in the context of the deposition that was made by the SC in Re: Distribution of Essential Supplies and Services During Pandemic regarding Central and State government not showing any clarification between citizen, non-citizen or refugees in the vaccination policy. The panel very briefly also touched upon ideas about a balanced economic planning being taken from Israel that continues to face socio-ethnic diversity among its subjects after its creation as a sovereign entity.

Dr, Krishnan had spoken at length about the imperative need to institute social security covers and for their being socio economic safeguards which was a topic which seemed to have garnered interest amongst the participants. Specifically, the participants wanted to enquire more upon the gig economies like Uber, ola, Zomato delivery etc, which are not currently being regulated by any State Regulation Authority. Preliminary data suggested that providing a social security cover to people employed in this sector would negatively impact the costs associated with the overall business and make the entire business unsustainable. Given the undeniable need for social securities cover, the incorporation of this within these economies and its suitability was analysed and weighed by the panel. The intuitive interjections brought the discussion to its end.

The day concluded with a vote of thanks which was rendered by the Hon’ble registrar of NLUO, Prof. Yogesh Pratap Singh who was extremely encouraging towards the initiative taken up by CLS of conducting a course on such a nascent and novel field. He expressed his heartfelt gratitude towards the course instructors for taking time out from their busy schedules to conduct these classes. The Panel Discussion concluded the credit course on a high note.

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On 5th February, 2022, the Centre for Women and Law at National Law University, Odisha organized a workshop on Anti- Sexual Harassment Law and Policy< with special emphasis on the working of Internal Complaints Committees (ICCs) and Local Complaints Committees (LCCs), and to educate the participants about the working knowledge of the Sexual Harassment Act, 2013. National Law University Odisha has adopted a zero-tolerance policy towards any kind of sexual harassment and strives to create a community in which students, teachers and non-teaching staff can work together in an environment free of all forms of gender violence, harassment, exploitation, intimidation and discrimination.