emancipating law and legal knowledge by government and non...

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Emancipating Law and Legal Knowledge by Government and Non-State Actors in India Presentation by : Prof. (Dr.) Ranbir Singh Vice-Chancellor, National Law University, Delhi Member, Board of Management, Intl. Association of Universities, Paris Council Member - Association of Commonwealth Universities (ACU) Member Board of Governors’, Doon School, Dehradun Founding Member, Board of Governors’, Asian Law Institute (ASLI), Singapore Member - Eminent Persons Advisory Group (EPAG) - CCI Vice-President & EXCO Member, SAARCLAW Past -President, Association of Indian Universities (AIU) [email protected] or [email protected] http://nludelhi.ac.in

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Page 1: Emancipating Law and Legal Knowledge by Government and Non ...lvi2018.ittig.cnr.it/slide/VI.B.Faro_SS/03SINGH.LVI 2018 Revised 25 S… · platform for supporting Open Data initiative

Emancipating Law and Legal

Knowledge by Government

and Non-State Actors in India

Presentation by :

Prof. (Dr.) Ranbir Singh Vice-Chancellor, National Law University, Delhi

Member, Board of Management, Intl. Association of Universities, Paris

Council Member - Association of Commonwealth Universities (ACU)

Member – Board of Governors’, Doon School, Dehradun

Founding Member, Board of Governors’,

Asian Law Institute (ASLI), Singapore

Member - Eminent Persons Advisory Group (EPAG) - CCI

Vice-President & EXCO Member, SAARCLAW

Past -President, Association of Indian Universities (AIU)

[email protected] or [email protected]

http://nludelhi.ac.in

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“Connecting All The Knowledge

Centers On The Planet Together

Into A Single Global Network…..

Could Usher In An Amazing Era Of

Prosperity And Innovation”.

(Thomas L. Friedman)

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Briefings about the Presentation

Right to Information

in India

National Data

Sharing and Accessibility

Policy (NDSAP)

Open Government

Data Platform of

India

Indian Government

Agencies supporting

free access to Legal

Information

Role of Non-State Actors in

supporting free access to

Legal Information

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Open Access to Information Promotes Rule of Law

& Access to Justice

“If you have an apple and I have an apple and we exchange these

apples then you and I will still each have one apple. But if you have

an idea and I have an idea and we exchange these ideas, then each of

us will have two ideas.” George Bernard Shaw

UN Under Article 19 of Universal Declaration of Human

Rights (UDHR) states:

“Everyone has right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and import information and ideas through any media and regardless of frontiers”.

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Open Access to Information Promotes Rule of Law

& Access to Justice

Principles: To Strengthen Democracy of Information

Maximum Disclosure of Information

Obligation to Publish & Dissemination

Promotion of Open Government

Limited Scope of Exceptions

Processes to Facilitate Access

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Right to Information Act 2005

• The basic object of the Right to Information Act is to empower

the citizens, promote transparency and accountability in the

working of the Government, contain corruption, and make our

democracy work for the people in real sense.

• The Act is a big step towards making the citizens informed about

the activities of the Government.

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Guidelines for National Data Sharing and

Accessibility Policy (NDSAP), 2015

• The NDSAP policy is designed to promote data

sharing and enable access to Government of India

owned data for national planning, development and

awareness.

• The National Data Sharing and Accessibility Policy

(NDSAP) is applicable to all shareable non-

sensitive data available either in digital or analog

forms but generated using public funds by

various ministries, departments, subordinate

offices, organizations, and agencies of Government

of India as well as of the states

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Guidelines for National Data Sharing and

Accessibility Policy (NDSAP), 2015

• The objective of this policy is to facilitate

access to Government of India owned

shareable data through a wide area network,

thereby permitting a wider accessibility and

usage by public

• The principles on which data sharing and

accessibility need to be based include:

openness, flexibility, transparency, quality,

security and efficiency

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Open Government Data Platform of India

• Open Government Data (OGD) Platform India - data.gov.in - is a

platform for supporting Open Data initiative of Government of

India.

• The portal is intended to be used by Government of India

Ministries/ Departments their organizations to publish datasets,

documents, services, tools and applications collected by them for

public use.

• It intends to increase transparency in the functioning of

Government and also open avenues for many more innovative

uses of Government.

• The base Open Government Data Platform India is a joint

initiative of Government of India and US Government.

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Overview of Open Government Data

(OGD) India Platform

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Open Government Data Platform of India

( data.gov.in)

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Open Government Data Platform of India

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Open Government Data Platform of India:

Policies

• Hyperlinking Policy

• Link to External Websites/ Portals

• Privacy Policy

• Personal Information Policy

• Copyright Policy

• Content Moderation & Approval Policy(CMAP)

• Content Review Policy(CRP)

• Content Archival Policy(CAP)

• Blog Disclaimer

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Indian Government Agencies supporting

free access to Legal Information

Legal Information

Case Laws

Legislation

Law Reform Reports

Open Access

Journals

Treaties

Executive Resources

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Indian Courts Judgments

Indian Courts Judgments are including Supreme Courts

Rules, High Court Judgments, District Courts Decisions

and Tribunal Orders are available under Public domain

and accessible through various web domains mostly

maintained by National Informatics Centre, India.

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Indian Courts Judgments

Web portal

Supreme Court of India Website

https://www.sci.gov.in/judgments

Judgment Information System (JUDIS)

http://judis.nic.in/

COURTNIC(Case Status)

http://www.courtnic.nic.in/

Indian Courts (Including Superior and Lower Courts)

http://indiancourts.nic.in/content.htm

These web portals are

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Case Laws @ GOI

Supreme Court of India Judgments

https://www.sci.gov.in/judgments

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Case Laws @ GOI Supreme Court of India Judgments

https://www.sci.gov.in/judgments

• The web page of Supreme Court of India facilitates

access of case laws delivered by the Supreme Court of

India.

• The web page extends various search strategies for

searching relevant cases laws viz. case number, dairy

number, judgment dates, court bench etc.

• It also provides access of Collegiums Resolutions,

Case Status, Judgments, Cause list, Daily Order,

Official Report, Copying, CAVEAT, E-Filing

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Case Laws @ GOI Judgment Information System (JUDIS)

http://judis.nic.in/

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Case Laws @ GOI Judgment Information System (JUDIS)

http://judis.nic.in/

• Judgment Information System (JUDIS) consists of the

Judgments of the Supreme court of India and several High

Courts.

• In the case of the Supreme Court all reported Judgments

which are published in SCR Journal, since its inception i.e.

1950 till date are available.

• The Judgments reported in SCR till 1993 also have head-

notes. The judgments reported in SCR in 1994 and later have

only text of judgments with out head-notes.

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Case Laws @ GOI Indian Courts (Cause List)

http://indiancourts.nic.in/content.htm

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Case Laws @ GOI Indian Courts (Cause List)

http://indiancourts.nic.in/content.htm

• The ‘Indiancourts’ is a bouquet of Web Sites of the

Supreme Court and all 21 High Courts and their

Benches in India.

• It provides a single point access to information related to

the Supreme Court and any High Court in India.

• The Web Sites of the Supreme court and High Courts

provide Litigant centric dynamic information like

Judgments, Cause lists, Case-status, etc. as well as

static Information such as History, Jurisdiction, Rules,

Past and present judges, etc.

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Case Laws @ GOI

Case Status (Disposed and Pending Cases-Status) http://www.courtnic.nic.in/

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Case Laws @ GOI

Case Status (Disposed and Pending Cases-Status) http://www.courtnic.nic.in/

• Case Status site provides the latest status of a case either

pending or disposed by the Supreme Court or any other High

Court in the country.

• The required information is derived from the databases of the

concerned courts.

• It also provides Daily orders & these orders are available as

soon as the orders are signed by the court.

• Cases can be retrieved through: Case Number, Title

(Petitioner/ respondent Name), Advocate name and Lower

court details

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Legislation @ GOI

India Code https://indiacode.nic.in/

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Legislation @ GOI

India Code https://indiacode.nic.in/

• India Code is a database of all Central enactments which are

in force and their subordinate legislations made from time to

time. With the help of this system, retrieving of any Central

Act and its relevant subordinate legislations of one’s interest

in an up-to-date form has been simplified and made

extremely user-friendly and accessible at push of few buttons.

• It also contains Legislations enacted by the States and Union

Territory Administrations along with their relevant

subordinate legislations.

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NIC - Parliamentary & Legislative Resource

Presidential Resources

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NIC - Parliamentary & Legislative Resource

Rajya Sabha

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NIC - Parliamentary & Legislative Resource

Lok Sabha

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NIC - Parliamentary & Legislative Resource

National Portal of India (Acts & Rules)

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NIC - Parliamentary & Legislative Resource

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Law Reform Reports @ GOI

Law Reform Commissions and other statutory bodies actively

participate in spreading its reports in public domain. In India Reports

of the following Commissions are available through their respective

websites.

Law Commission of India (Report 1 to 276)

http://lawcommissionofindia.nic.in/

National Human Rights Commission (2000 to till date)

http://nhrc.nic.in/

National Women Commission

http://ncw.nic.in/frmAnnualReports.aspx

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Role of Non-State Actors in supporting

free access to Legal Information

Apart from National Informatics Centre and other

Government Agencies, a number of non-state actors have

also played a vital role in disseminating legal and law

related information under public domain for the benefit of

legal community and Society in India.

LII of India

Indian Kanoon

PRS India

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Role of Non-State Actors in supporting

free access to Legal Information

• The Legal Information Institute of India (LII of India)

<www.liiofindia.org> is an international standard, free-

access and non-profit, comprehensive online collection of

Indian legal information.

• The prototype is open for public use on 25 November

2010. It was formally launched in India in by National Law

University Delhi at Vigyan Bhawan on 1st May 2010.

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Legal Information Institute of India a

Comprehensive Web-Portal

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Legal Information Institute of India a

Comprehensive Web-Portal

• Case law – over 300,000 post-Independence cases

from 37 Courts & Tribunals

• Legislation – the India Code from 1836, + 60 State

& Territory databases

• Legal scholarship (500+ articles) from 10 Indian

law journals , and elsewhere

• Law reform reports & Bilateral treaties (800+)

from the Foreign Ministry and the UNTS

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Legal Information Institute of India a

Comprehensive Web-Portal

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Indian Kanoon

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Indian Kanoon

Indian Kanoon is a database facilitating access of

Cases of Supreme Court, High Courts and

Tribunals, legislation and reports available in

public domain.

A tight integration of court judgements with laws

and with themselves allows automatic

determination of the most relevant clauses and

court judgements.

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Parliament Research Studies India

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Parliament Research Studies India

• PRS tracks the functioning of the Indian Parliament

and works with MPs from the Lok Sabha and Rajya

Sabha across political parties and MLAs from

various states.

• PRS provides a comprehensive and credible

resource base to access Parliament-specific data,

background information on Parliamentary and

governance processes and analysis of key legislative

and policy issues.

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