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Ambedkar Law University Journal THE TAMIL NADU Dr. AMBEDKAR LAW UNIVERSITY Ambedkar Law University Journal (A Peer Reviewed Journal) Annual Journal of Tamil Nadu Dr.Ambedkar Law University ISSN 0979-965X Combined Issue Volume No.XI to XV 2016 – 2020 The Tamil Nadu Dr Ambedkar Law University (A State University) “Poompozhil, 5, Dr. D.G.S. Dinakaran Salai, Chennai – 600 028. Journal Advisory Committee Hon'ble Justice Indira Banerjee, Hon’ble Judge, Supreme Court of India Prof. A. Lakshminath, Distinguished Professor Emeritus, Maharashtra National Law University, Aurangabad. Prof. Subir Bhatnagar, Vice Chancellor, Dr. Ram Manohar Lohiya National Law University, Lucknow Prof. K.C. Sunny, Vice Chancellor, National University of Advanced Legal Studies, Cochin Prof. Manoj Kumar Sinha, Director of Indian Law Institute, New Delhi. Prof. Arvind Tiwari, Dean - School of Law, Rights and Constitutional Governance, Tata Institute of Social Sciences. Chief Editor Prof. (Dr.) T S N Sastry, Vice Chancellor, TNDALU Editor Prof. (Dr.) K S Sarwani, SOEL, TNDALU Editorial board Prof. (Dr.) V Balaji, Director i/c, U G Studies, SOEL, TNDALU Dr. S K Asok Kumar, Librarian, SOEL, TNDALU Dr. Ranjit Oommen Abraham, Assistant Professor (S.G), SOEL, TNDALU Editorial Assistance Mr. Rahul Reghu, Assistant Professor (On Contract Basis), SOEL, TNDALU Dr. B Viswanathan, Assistant Professor (On Contract Basis), SOEL, TNDALU DISCLAIMER The Tamil Nadu Dr Ambedkar Law University shall be the sole copyright owner of all the published material. Apart from fair dealing for the purpose of research, private study or criticism no part of this journal may be used in any form whatsoever without prior written permission from the publisher The views expressed in the articles are personal opinions of the contributors and are in no sense official neither of The Tamil Nadu Dr.Ambedkar Law University nor the Chief Editor or Editorial Board. The editors, publishers and printers do not claim any responsibility for the views expressed by the contributors and for the errors if any in the information contained in the journal. Copyright © March 2021- The Registrar, The Tamil Nadu Dr Ambedkar Law University,Chennai Published by The Registrar The Tamil Nadu Dr Ambedkar Law University, No, 5. Dr D G S Dinkaran Salai, Poompozhil, Chennai – 600-028 Website: http://www.tndalu.ac.in Contents Page No Special Convocation Address Hon’ble Shri. Ram Nath Kovind 1 - 3 Eleventh Convocation Address Hon’ble Shri. M Venkaiah Naidu 4 - 9 Ninth Convocation Address Hon’ble Justice S A Bobde 10 - 20 Tenth Convocation Address Hon’ble Justice B R Gavai 21- 28 Tenth Convocation Special Address Hon’ble Justice A P Sahi 29- 34 Dilution of Labour Laws Amidst COVID-19: Issues & Challenges Dr. S C Srivastava 35- 66 Standard Essential Patents and Frand Terms: Contemporary Development Dr. V K Ahuja 67- 89 International Crimes Against Humanity: International Human Rights In Fight Against Covid-19 Dr. K. L. Bhatia 90- 108 The Approach Of The Supreme Court In Confirming Sustainable Development As Fundamental Rights – An Analysis Dr R Srinivasan 109 - 126 Artificial Intelligence as a Legal Person – Future Perspectives Dr R Haritha Devi 127-138 Right to Legal Representation in Administrative Adjudications Dr.P.Balamurugan 139 - 158 Patent Linkage System: It’s Impact on the Generic Drug Development Process Dr Lucky George 159 - 178 Larger Projects v. Environment Protection: An Analysis of Judicial Trends in India Dr. M. Sakthivel 179 - 198 From the Chief Editor’s Desk I am extremely happy to present the combined volume of the Ambedkar Law University Journal (ALUJ), Volume XI to XV for the years 2016 to 2020. The significant change that has been introduced with this combined volume is that the articles submitted for publication in the Journal are blind peer reviewed, in order to meet the research and academic expectations. Accordingly, the articles except the invited ones from eminent academicians, all other submissions are peer reviewed by the subject experts and basing on the recommendations, the research papers are included in the volume and the same will be continued in future, in order to maintain the academic and research outlook of the Journal. Apart from the research papers, five speeches delivered at the University in the various Convocations, including a Special Convocation during the years 2018 to 2021 are included. These speeches were delivered by Hon’ble Shri. Ram Nath Kovind, President of India, Hon’ble Shri. M. Venkaiah Naidu, Vice- President of India, Hon’ble Justice S.A. Bobde, currently Chief Justice of India, Hon’ble Justice B.R. Gavai, Judge, Supreme Court of India, Hon’ble Justice A.P. Sahi, Former Chief Justice of High Court of Madras. The speeches underlined the changing dimensions of law and its various facets, in order to meet the socio-economic concerns of contemporary perspectives of India. The invited articles and the peer reviewed research papers have analyzed the contemporary perspectives of law and policy on varied issues of Constitution, Labour Laws, Intellectual Property Rights, Human Rights, Environmental Law and Administrative Law. I am grateful to all the dignitaries and the researchers who have contributed their papers in enriching the academic and research outlook of the University. I express my sincere thanks to all the members of the Advisory Board for consenting to guide the Journal. I also thank on my behalf and on behalf of the Editorial Board, all the peer reviewers for taking time out of their busy schedules in reviewing the papers and helping us to bring the Journal. I thank the Editor Prof. Dr. K.S. Sarwani and the Members of the Editorial Board for their constant support. I also thank Rahul Reghu, Dr.B.Viswanathan for the constant support extended throughout to the editorial board in bringing out the volume. I hope that the readers of the Journal will find that the contributions are extremely useful for further research. Prof. T.S.N. Sastry Chief Editor 1 Special Convocation Address 1 Hon’ble Shri Ram Nath Kovind I am extremely happy to be among all of you today for this special convocation of the Tamil Nadu Dr Ambedkar Law University. Today, three eminent jurists - Justice Sathasivam, Justice Bobde and Justice Tahilramani are being conferred LL.D. (Honoris Causa) degrees for their distinguished services to law and justice. I am told that this is the first time in the country that a university is conferring LL.D (Honoris Causa) degrees on three jurists on the same occasion. These three jurists have had distinguished careers. Former Chief Justice of India, Justice Sathasivam served as a Judge in the Supreme Court, High Court of Punjab and Haryana and Madras High Court. Justice Bobde was appointed Judge of the Supreme Court in 2013, and prior to that served as the Chief Justice of Madhya Pradesh High Court and as a Judge at the Bombay High Court. Justice Tahilramani who took over as the Chief Justice of Madras High Court in 2018, had served as a Judge of the Bombay High Court since 2001, including serving as the Acting Chief Justice of the Bombay High Court. She is the second successive woman Chief Justice of the Madras High Court, and she is a role model for millions of Indians, especially for our daughters. I congratulate these three eminent jurists for being conferred LL.D. (Honoris Causa) degrees and appreciate the University‘s decision to recognise their contribution to the field of jurisprudence. This University was established by the Government of Tamil Nadu in 1997 for the advancement of knowledge in the field of law, to promote legal education and to further social justice. 1. Hon‘ble President of India. Special Convocation Address (Excerpts) delivered at the University on July 13 2019. Vol XI to XV Ambedkar Law University Journal 2 The University was inaugurated by my predecessor as President of India, the late Shri K.R. Narayanan. In two decades of its existence, the University has added lustre to the task of legal education and research in Tamil Nadu and India. I am told that more than twenty thousand students are currently enrolled in courses offered by the University and its affiliate colleges spread across Tamil Nadu. I understand that the University also offers hybrid courses like B.Com-LLB and BCA-LLB. Such courses help expand the knowledge horizons and career opportunities of students. The Tamil Nadu Dr Ambedkar Law University has established a strong reputation both in teaching and research and is doing extremely well to meet its foundational objectives. Nothing less is to be expected from a University that is named after the Chief Architect of our Constitution, Babasaheb Dr B. R. Ambedkar. Having been a student of law and lawyer myself, I would like to emphasize the significance of legal education for nation building and the role that universities, especially law universities, play in this regard. As a society and nation governed by the rule of law, we cannot but emphasize the text of, as well as spirit and intent behind, laws. As our nation, society and economy evolve, so does the legal profession. While litigation in the courtroom remains at the core of legal practice, a law graduate finds many avenues open to him or her that were simply not available to previous generations. Over the years, our understanding of law and its applications has become larger as well as more sophisticated. The nuances of privacy and of individual choice; the deeper interrogation of the concept of rights and responsibilities; and the search for a happy balance between autonomy for innovation and regulation for the greater common good in fields such as Special Convocation Address 3 biotechnology and communication technology are all examples. Yet, in all this, are we paying enough attention to issues of legal infrastructure and access to justice, especially for ordinary citizens? There is a need to enhance legal literacy and simplify legal rules.
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