Papers by Sanjay Prakash Srivastava (Professor, Law)
World Journal of Advanced Research and Reviews, 2022
The production of genetically modified crops for commercial release and agriculture resulting in ... more The production of genetically modified crops for commercial release and agriculture resulting in a number of changes in the life style of an individual and farmers particularly. Scientists who analyze the impact of agricultural biotechnology from the socio-legal perspective; looked the tall claim of genetic engineering with suspicion. They claim alterations can change the organism's metabolism, growth rate, and/or may have down side effect on external environmental factors. This research paper tries to explore and examine the concerns raised from the socio-legal perspective as society should have minimum scientific knowledge in reference to use of GMOs and its derivatives. It is concluded with the finding that a reasonable policy with regard to their use by the farmers and others stake holders need to be prepared.
Contracts & Commercial Law eJournal, 2020
Goods and Service tax is the Comprehensive levy on the goods and services at the stage of consump... more Goods and Service tax is the Comprehensive levy on the goods and services at the stage of consumption. This paper will try to highlight the changes in out indirect structure that has finally resulted in the introduction of GST. This paper gives a detailed account of how we started with L.K. Jha Committee report in 1976 and ended up with 101st Constitutional Amendment Act that led to the unification of the Economy. The GST is also very important from the view of Cooperative federalism because the introduction of GST was not possible if the State and Central Government would not have forgo some of there power to tax under 7th schedule. The paper has tried to cover the whole journey of GST and the need for integrated tax structure in India. The paper will further evaluate the policy changes and its impact in past 3 years. <br>
Kanpur Philosophers, ISSN 2348-8301 , 2022
Goods and Services tax is path breaking tax reforms in the History
of India. It is one of the mos... more Goods and Services tax is path breaking tax reforms in the History
of India. It is one of the most thoughtful and well discussed tax reforms. It has not only changed the incidence of Indirect taxes but it has also been claimed that GST insured that tax evasion can be brought to minimum. Almost all the sector of Indian economy is brought under indirect tax regime after introduction of GST. There are certain sectors of Indian economy which were earlier exempted or taxed at minimum rates, they have also been brought under this new regime. One such sector is cotton textile industries. Textile processing is a dominant segment across the textile Industry. Considering the important contribution of textile sector in India economy the authors have conducted a empirical study in the three major Textile cluster of Rajasthan to understand the impact of this new legal reform in different aspect of their business. This paper focuses on the highlighting the difference between the old and the new tax regime, what are the advantages and loopholes of the new regime and how have the textile industry perceive it. It further takes into consideration the views of tax experts and the judgments of the courts with respect to various provision of GST which are applicable to textile sector.
World Journal of Advance Research and Reviews, 2022
The production of genetically modified crops for commercial release and agriculture resulting in ... more The production of genetically modified crops for commercial release and agriculture resulting in a number of changes in the life style of an individual and farmers particularly. Scientists who analyze the impact of agricultural biotechnology from the socio-legal perspective; looked the tall claim of genetic engineering with suspicion. They claim alterations can change the organism's metabolism, growth rate, and/or may have down side effect on external environmental factors. This research paper tries to explore and examine the concerns raised from the socio-legal perspective as society should have minimum scientific knowledge in reference to use of GMOs and its derivatives. It is concluded with the finding that a reasonable policy with regard to their use by the farmers and others stake holders need to be prepared.
Elixir International Journal, 2015
Patenting Of Higher Life Forms And Related Issues, Report to the Government of Canada Biotechnolo... more Patenting Of Higher Life Forms And Related Issues, Report to the Government of Canada Biotechnology Ministerial Coordinating Committee, p. 2. 2 See, Chapter 16 of Agenda 21 of the Earth Summit 1992. Also refer Article 19 of CBD. 3 The term "higher life form" is not defined in law. In common usage, it includes plants and non-human animals other than single-celled organisms. In other words, hhigher life forms are those life forms which are multi-cellular complex entities whose identity is characterized and identified on the basis of the multicellular composite which makes up the organism. 4 The subject matter of biotechnology is complex. Many of the products and processes of biotechnology appear in nature, and so, with such origins those products and processes are somewhat familiar to most people notwithstanding their complexity. Indeed, it is the fact that the subject matter of biotechnology is derived from nature that one may question whether there can ever be invention in biotechnology.
Elixir International Journal, 2015
Hon"ble Supreme Court order for inclusion of NOTA has been welcomed by a larger section of the so... more Hon"ble Supreme Court order for inclusion of NOTA has been welcomed by a larger section of the society who were questioning the relevancy and significance of democracy in India. This paper is an attempt to assess the impact of recently incorporated change in the EVM. The researcher on the basis of trends and existing no effect on outcome feel that recent changes and direction of supreme court will be futile exercise in terms of outcome in election process unless we will not affect the fate of candidates contesting and election outcome. Result of Madhya Pradesh Assembly is indicative of on the basis of those NOTA votes which are more than difference of winning candidate. If we include NOTA against the winning candidate what is the outcome. A serious thought are needed to redesign the consequence.
Culture, Society and Law, 2020
The Ganga crowned as 'Maa Ganga' is one of the longest and most
sacred rivers of India. Descendin... more The Ganga crowned as 'Maa Ganga' is one of the longest and most
sacred rivers of India. Descending down the mighty Himalayas, swirling
and roaring cutting down the boulders it flows down the valleys in the
Gangetic plains and finally submerging losing its existence in the Bay
of Bengal on the eastern coast.The threat of global climate change, the effect of glacial melt on Ganga flow and the impacts of infrastructural projects in the upper reaches of the river, raise issues that need a comprehensive response. The present paper is an attempt to assess the effectiveness of policy iniative for clean Ganga.
International Journal of Creative Research Thoughts, 2021
India was exposed to modern day tax structured Sir James Wilson in 1860 so that British Indian Go... more India was exposed to modern day tax structured Sir James Wilson in 1860 so that British Indian Government of that time can recover the losses incurred during the revolt of 1857. Since then various reforms were introduced to manage the pace of development and increase the horizon of government revenue through taxes. Most recently Goods and service taxes were introduced in India which has subsume more than 15 indirect taxes in it and becomes the most dynamic and celebrated tax reforms of the recent time. GST is an promising tax regime which was introduced with the motive make Indian businesses globally competitive by removing cascading effect, Easy interstate movement of goods, inclusion of small business in the formal economy, reduction of tax terrorism etc. It is claimed to be one of the best measure to reduce tax evasion both direct and indirect. It was France which has introduced the GST for the first time in the world in 1954. But as world trade progresses today more that 160 countries of the world has adopted this system of taxation. It has been claimed that the GST model that India has adopted is very similar to Canadian Model of VAT. Both India and Canada are Common Law countries having very similar federal structure so it was advisable to look forward to Canadian Model of GST. Canada has adopted this system of taxation for the first time in 1991. Initially the government has faced many backlashes for the new change but today it is one of the country with smoothest Indirect tax structure. The present paper analyse the indirect tax regime in both the countries and tries to evaluate the similarities and dissimilarities of the law in both the jurisdiction.
Indian Journal of Law and Justice, 2022
As per the constitutional mandate judiciary is crafted as an independent organ of
the government ... more As per the constitutional mandate judiciary is crafted as an independent organ of
the government and it is considered as trustee of last hope of the people. However,
the efficiency of the working of courts are always questioned. Albeit the institution
of judiciary is placed on higher echelon in India yet administrative conduct of the
Indian Judiciary is viewed with suspicion and in common man perception it is an
institution of elite or richer class. This paper is an attempt to unearth what forces
are obstructing, or working as a barrier in achieving the goal set by preamble of
the Indian Constitution and preventing implementation of statutory obligations
relating to speedy justice and tries to analyze how despite government effort;
latent favour to elite became norms? Why in perception of the litigants the norms
of courts conduct and prompt action is alleged as tilted in favour of rich? From
top to bottom almost every section of the people in India raised concern with
regards to functioning of courts. The researcher has tried to analyze the scope
and nature of people’s aspirations and actual functioning of rule of law in
reference to right to speedy justice which is not merely an ideal of the constitution
but a tool to render complete justice to all.
Bihar Journal of Public Administration, 2022
In Maximum district the local self-governance is at the verge of collapse or the states have fail... more In Maximum district the local self-governance is at the verge of collapse or the states have failed to develop mechanism for effective mechanism for sanitation and clean drinking water. Consequently, the citizens are living in situation where the good quality water is a dream and logged drains and urban slums are strength of the cities. Improving the efficiency of utilities appears at plausible condition. To overcome the challenges related to sanitation facilities states have started opting for alternative option of fund through PPPs to outcome the problem. This paper is an attempt to examine the pros and cons of the PPP model and to examine the probability of adoption by the rest of the municipal corporations. This paper has been structured with an objective to compare and focus on the working difference between government-controlled municipality function and those state where PPP is in operation.
Let the literature guide you, not rule you'.
Thesis Chapters by Sanjay Prakash Srivastava (Professor, Law)
GNLU, 2022
Globally India is the third largest exporter of textile after China and EU. This sector contribut... more Globally India is the third largest exporter of textile after China and EU. This sector contributes around 15% in our export earnings and employees around 4.5 crore workers. On the basis of fabric the sector is divided into natural fibre and Synthetic fibre. This paper would look into the impact of the GST on the Synthetic fiber segment of the textile sector by reviewing the available literature and the policy of the government with regard to increase tax rate.
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Papers by Sanjay Prakash Srivastava (Professor, Law)
of India. It is one of the most thoughtful and well discussed tax reforms. It has not only changed the incidence of Indirect taxes but it has also been claimed that GST insured that tax evasion can be brought to minimum. Almost all the sector of Indian economy is brought under indirect tax regime after introduction of GST. There are certain sectors of Indian economy which were earlier exempted or taxed at minimum rates, they have also been brought under this new regime. One such sector is cotton textile industries. Textile processing is a dominant segment across the textile Industry. Considering the important contribution of textile sector in India economy the authors have conducted a empirical study in the three major Textile cluster of Rajasthan to understand the impact of this new legal reform in different aspect of their business. This paper focuses on the highlighting the difference between the old and the new tax regime, what are the advantages and loopholes of the new regime and how have the textile industry perceive it. It further takes into consideration the views of tax experts and the judgments of the courts with respect to various provision of GST which are applicable to textile sector.
sacred rivers of India. Descending down the mighty Himalayas, swirling
and roaring cutting down the boulders it flows down the valleys in the
Gangetic plains and finally submerging losing its existence in the Bay
of Bengal on the eastern coast.The threat of global climate change, the effect of glacial melt on Ganga flow and the impacts of infrastructural projects in the upper reaches of the river, raise issues that need a comprehensive response. The present paper is an attempt to assess the effectiveness of policy iniative for clean Ganga.
the government and it is considered as trustee of last hope of the people. However,
the efficiency of the working of courts are always questioned. Albeit the institution
of judiciary is placed on higher echelon in India yet administrative conduct of the
Indian Judiciary is viewed with suspicion and in common man perception it is an
institution of elite or richer class. This paper is an attempt to unearth what forces
are obstructing, or working as a barrier in achieving the goal set by preamble of
the Indian Constitution and preventing implementation of statutory obligations
relating to speedy justice and tries to analyze how despite government effort;
latent favour to elite became norms? Why in perception of the litigants the norms
of courts conduct and prompt action is alleged as tilted in favour of rich? From
top to bottom almost every section of the people in India raised concern with
regards to functioning of courts. The researcher has tried to analyze the scope
and nature of people’s aspirations and actual functioning of rule of law in
reference to right to speedy justice which is not merely an ideal of the constitution
but a tool to render complete justice to all.
Thesis Chapters by Sanjay Prakash Srivastava (Professor, Law)
of India. It is one of the most thoughtful and well discussed tax reforms. It has not only changed the incidence of Indirect taxes but it has also been claimed that GST insured that tax evasion can be brought to minimum. Almost all the sector of Indian economy is brought under indirect tax regime after introduction of GST. There are certain sectors of Indian economy which were earlier exempted or taxed at minimum rates, they have also been brought under this new regime. One such sector is cotton textile industries. Textile processing is a dominant segment across the textile Industry. Considering the important contribution of textile sector in India economy the authors have conducted a empirical study in the three major Textile cluster of Rajasthan to understand the impact of this new legal reform in different aspect of their business. This paper focuses on the highlighting the difference between the old and the new tax regime, what are the advantages and loopholes of the new regime and how have the textile industry perceive it. It further takes into consideration the views of tax experts and the judgments of the courts with respect to various provision of GST which are applicable to textile sector.
sacred rivers of India. Descending down the mighty Himalayas, swirling
and roaring cutting down the boulders it flows down the valleys in the
Gangetic plains and finally submerging losing its existence in the Bay
of Bengal on the eastern coast.The threat of global climate change, the effect of glacial melt on Ganga flow and the impacts of infrastructural projects in the upper reaches of the river, raise issues that need a comprehensive response. The present paper is an attempt to assess the effectiveness of policy iniative for clean Ganga.
the government and it is considered as trustee of last hope of the people. However,
the efficiency of the working of courts are always questioned. Albeit the institution
of judiciary is placed on higher echelon in India yet administrative conduct of the
Indian Judiciary is viewed with suspicion and in common man perception it is an
institution of elite or richer class. This paper is an attempt to unearth what forces
are obstructing, or working as a barrier in achieving the goal set by preamble of
the Indian Constitution and preventing implementation of statutory obligations
relating to speedy justice and tries to analyze how despite government effort;
latent favour to elite became norms? Why in perception of the litigants the norms
of courts conduct and prompt action is alleged as tilted in favour of rich? From
top to bottom almost every section of the people in India raised concern with
regards to functioning of courts. The researcher has tried to analyze the scope
and nature of people’s aspirations and actual functioning of rule of law in
reference to right to speedy justice which is not merely an ideal of the constitution
but a tool to render complete justice to all.