The process of the presidential election is conducted after every four years in November. The process of this election starts with the first Tuesday after the first Monday in November. As per the U.S. constitution, the most crucial requirement is that the person whosoever is standing in this election must be a natural-born citizen of the U.S & his age should not be less than 35 years. Person whomsoever is standing for the presidential election as a candidate should be resident in the U.S. for at least 14 years.
Step 1 Primaries and Caucuses – There might be numerous people who want to be President with their unique ideas and innovation to regulate the government. People with similar thoughts belong to the same party, this is where primaries and caucuses come in. Candidates from each political party campaign through the country to win the favor of their party members. The process of caucuses being with the meetings where party members select the best candidate among them by discussions and voting. In primary party members vote for the best candidate that will represent them in the general election.
Step 2 National Convention – Now each party had to select the final candidate for the presidential nominee. At each convention, the presidential nominee has to choose the running mate (Vice president candidate). Now the candidate campaign in the whole country to share his thoughts and ideas with the general public in favor to win their support.
Step 3 General Election – Now people in the whole country vote for one president and vice president. When people cast their vote they actually voting for a group of people called electors.
Step 4 Electoral Collage – In this system of Electoral College, each state gets a certain number of electors based on its representation in congress. Each elector casts one vote following the general election, and the candidate who gets more than 270 seats from 538 (Electoral vote) wins. Now the new president and his running mate are inaugurated in January.
In these times of crisis, a strong commitment to the well-being of stakeholders is of utmost importance. Companies around the world are currently facing sharp drops in demands that puts job at risks, threatens the income of suppliers and local communities in which we erode the confidence of providers finance to firms. Therefore welcome that companies around the world are stepping up their social responsibilities activities examples are Unilever a British dutch conglomerate that donated soaps, sanitizer, bleach, and food. German chemical company BASF gave away over 100 million masks and supplied health care facilities with hand sanitizers for free of charge. Microsoft grants its worked 12 weeks of paid parental leave because of school disruption. Another example could be Danone, who announced to guarantee all employment contracts and wages onto the summer to extend childcare and health care programs and to put in place a 300 million euro find to support fragile suppliers.
Likewise in India Ratan Tata had donated INR 1500 Crores to the government, being the biggest industrialist he donated such big amount of money in this pandemics and he even stated that if the country needs more help I might sell my company or everything I had earned till yet for the country, some of the bug donations had been done by Actor Akshay Kumar who donated an amount of Rs. 35 Crores to the government of India. Reliance industries donated INR 500 Crores to the PM cares meant for the Covid crisis. SCR money can be helpful in the ongoing pandemic situation of Covid-19, to run community kitchens, provide shelters to homeless and stranded migrants laborers example: to support civil society responding to food relief. It can prevent deterioration in gains made in the Area of child rights, girl rights, for example, lots of children may be pushed into child labor, malnutrition may rise, the underage marriage of girls given more poverty.
CSR is not philanthropy, Rather responsibility towards society. A way to achieve a balance of Economic, Social, and Environmental imperatives. As per the Companies act 2013, 2% of profit should go for certain CSR related activities such as Environmental protection, Girl education, Nahi Kali(Mahindra).
CSR (Corporate social responsibility) comes in 2007 in India & in the USA it truly began in 1971. In India company act it is a mandatory provision under section 135 of the company act 2013, which came into effect from 01.04.2014 on the other hand in the USA CSR (Corporate social responsibility) is a type of soft law which do not requires a statute or regulation that means hard law but is nonetheless seen as obligatory by most corporations because of consumer expectations and internal norms. Principles of building the legal shell specifically in interpreted rights, duties, and causation, are mainly worldwide embraced. Thus, corporates must have CSR schemes that are “litigation ready” when it requires human rights because the UNGPs would be informed about the content of sensible corporate practices, which had censorious implications for multinational civil and commercial disputes. That is to say, UNGPs (The United Nations Guiding Principles) make multinational tort liability of corporations to 3rd parties.
CSR (Corporate social responsibility) is basically bringing consciousness about society, surroundings, environment and that is where CSR brings in the stakeholder perspective to think about society & have that consideration in the mind of businessmen basically when they are discussing strategy. The capitalists should act as trustees (not owners) of their property and conduct themselves in a socially responsible way. This concept actually measures the financial, social & environmental performance of the corporation. The Business Responsibility Reporting (BRR) is mandated for the requirement of top 100 (from 500 to now top 1000) lasted entities in their annual report. In today’s world, 90% of CEOs claim that Sustainability is key to success. Research shows that if you have a good CSR program it will increase employee commitment, customer satisfaction, reduce risk, and even get better access to finance. A good example of irresponsibility is the Volkswagen case, Volkswagen is known to be the most responsible companies top-rated on different screens and still, it turned out that they had tampered with their emission technology and that of course led to a major drop in their brand value but its also read to a drop in their share prices of the companies.
Top management of the corporate sector is not going to do the job but they have to endorse the activities on the CSR so the first thing then is to put together a group of the company across the company 5 to 10 people from different department and they together are going to find out and discuss what this companies main social impact or the main footprints of the company, a good checklist for that is the sustainable development with 5 goals the SDGs, of course, those 5 goals are relevant for individual companies depends upon which secretary they’re in so first will be MAP lets say companies and the industry of producing clothing in developing countries well probably decent work and economic growth are most relevant or if the company is in oil industry then climate action issues are relevant and if the company is in fish farming well then it would be life below water is more important. When the goals are identified a concrete plan with a concrete target and how to reach the target must be set up when that is ready we move on to the second step that is TEST take the draft plan presented to key stakeholders ask for their input revise accordingly who are stakeholders like customers, suppliers other employees, nongovernmental organization, environmental organization these are ones to come with feedback and then revise the plan according to that then we’re ready for the third step which is LAUNCH the launch is about making the rest of the company aware of the plan and let them buy into tithe day-to-day work how do you do that, put it on a company website or newsletter or monitors be creative. The fourth step is the IMPLEMENTATION have you had to follow up the plan, are we reaching the targets are we not why there will be unexpected happenings these are great learning point. Now the last and fifth step that is REPORTING the reporting is like accounting coming forward with what worked or what didn’t work and why, and, be open and be honest and transparent not only focused on what went well but also the problems the challenges one might think that companies with big CSR report are doing a lot of things are being good companies but actually it’s not true its the opposite way around companies with the big report writing a lot those are the ones who have been criticized and have to explain that they have changed and convinced the reader the CSR reports are a good source of finding out to which extent the CSR work is actually integrated into the company.
Working practices of the corporate company have been totally changed since this pandemic of Covid-19 and turn corporate company to work on different platforms, for example, to work from home is mandatory these days as offices are still closed for time being for the safety of their own. This measure had been taken worldwide whether it’s India or the USA or any other country as it this the social responsibility of corporate sectors to make sure that people are safe during these pandemics and they won’t suffer any monetary problems.
The legal department of the corporate sectors is still analyzing and evaluating the effects of this pandemic on contractual relationships of all sorts, as well as the consequences of Covid-19 on contractual relationships of all sorts, also as possible mitigating strategies which will have to be compelled to be implemented. In particular, the performance of contracts that one can reasonably expect to be impacted by the spread of coronavirus (a sizable amount of contracts of all kinds, indeed) would require deep analysis to verify whether or not they include the act of God clauses that would potentially and ultimately excuse performance from any (or both) parties within the event an unforeseen scenario. In this scenario, the legal departments will play a crucial role in this pandemic situation where they had to make a strategy for the corporate sectors so that it favors the corporate sector rather than affecting them. Even the Boards of the company had to come forward with strong leadership as they had several commitments towards their company. We are now seeing great samples of true leadership that goes beyond direct responsibilities within companies to a way larger scale: Leading initiatives that, because of the large power of globalization and therefore the scale of social and professional networks, have a really powerful reach. According to section 135 of the companies act, CSR spend is mandatory for every company beyond a financial threshold, Net worth of INR 500 Crores or Turnover of INR 1000 Crores or Net Profit of INR 5 Crores, required to spend 2 % of average net profit of last 3 years on CSR projects, reports made under clause (0) of sub-section (3) of section 134 specify the reasons for spending the amount. On the other hand in the USA, there are corporate foundations in the companies where spending money on CSR is also mandatory, recently 500 firms spend around $20 billion a year on CSR activities.
Section 135 of the companies act, the compliance of constitution of the CSR committee of the board 3 or more directors, at least 1 independent director, CSR committee shall formulate and recommend CSR policy (preference to be given to local), recommend CSR activities and expenditure on the same, monitor CSR policy from time to time, with this the responsibility of The Board as follows –
Disclose composition of CSR committee.
Approve CSR policy and report.
Ensure SCR activities and undertaken by the company
Ensure spending on CSR activities and reporting of non-compliance.
Now, on the other hand, the same business laws are there in the USA where it is mandatory for every company to spend on CSR and The Boards of the companies had to take measurable steps to ensure their responsibilities.
Like we talk about today’s time then one of the most crucial steps taken under CSR in all the companies is that they had to make sure that all the departments including there buildings must be sanitized properly not only in India or USA but this is world-wide like in India it is set up by the central government for the promotion of sanitation, likewise in the whole world including the USA and other countries it is mandatory that to sanitized every building and keep sanitizer bottles or packs for employees so that they can be safe during this pandemic.
On other hand in India work from home is a new format which is not as successful as where employees work as in the office premises but yes during this pandemic this rule has to be followed by every corporate sector same as in the USA this step of work from home has been taken up and been followed up there also for the care of employees.
In India promoting education, including special education and employment vocation skills especially among children, women, elderly, and, the differently ables and livelihood enhancement projects.
On 23.02.2020 in India funds may be spent for various activities related to COVID 19 under item no. (i) and (xii) of Schedule VII relating to the promotion of health care, including preventive health care and sanitation, and, disaster management (including state Disaster Management Fund).
28.03.2020: contribution to PM cares fund shall qualify as CSR expenditure under item (vii) of Schedule VII.
The SALARY of the employees during the lock-down and payment to casual/contractual workers – not CSR, any ex-gratia payment is made to temporary/ casual workers/ daily wage workers over and above the disbursement of wages. Specifically to fight COVID-19, the same shall be admissible towards CSR expenditure as a one-time exception provided there is an explicit declaration to that effect by the Board of the company, which is duly certified by the statutory auditor.
On the other hand in the USA, there are cuts of salaries during lockdown even the former president didn’t do much about it but Newly appointed president Biden said that corporate sectors must pay the salary to there employees in this pandemic situation as it is difficult not only for corporate sectors but people of the country who are working in the corporate sectors are also suffering a lot in this Pandemic situation even the Government is also facing monetary problems in the whole world.
CSR can be good for a company, first, it can build a good image, responsible behavior which gives a competitive advantage can act as a marketing strategy. CSR can be for government by helps government in achieving its social objectives welfare concept.
BENEFITS TO CSR, Lack of awareness will be resolved, lack of interest of the local community in the participation of CSR activities will be tackled, an opportunity to build trust and synergy between CSR, NGO, and Local bodies. All these will be a precursor in institutions of CSR in India as well as in the USA.
Hello, here are some tailor-made solutions, which I feel are most vital to manage an honest environment during a corporate company or firm. I even have been reading and encountering numerous problems within the management, where I found frauds are happening by employees and there’s no working environment.
Now I will be able to forward here my point of views where a reader can find out how to manage the environment of the corporate and make it into a decent position –
The management system efficiency is often attained as long as a proper environment supporting their needs is provided.
When there’s no proper management environment then there’ll miscommunications, disputes, and chaos, that might eventually affect the expansion of the corporate.
Corporate governance mandates providing a peaceful and chaos-free management environment.
There must be authority to require decisions independently.
The management should have the flexibility to independently handle the working of the corporate and to return up with decisions that are for the betterment of the corporate.
There must be transparency with the procedure with the workers /employees.
Another essential point here is that there must be regular monitoring within the management so that there would be fewer chances of frauds and miscommunication.
The decision of the management should never be bais.
Management should maintain there good relationship with the workers/employees and there must be a gathering with the workers once a month where they will tell and discuss the issues to the management with the solutions of an equivalent.
Management should delegate authority to their employees to observe the ability and train their skills.
A First Information Report (FIR) may be a document prepared by police organizations once they receive information on a few criminal offenses. it’s generally a complaint filed with the police by the victim or by someone on their behalf, but anyone can write such a report either orally or by writing to the police. These rules are provided within the criminal law in India. Cognizable offenses are offenses like rape, murder, and accidents that required immediate actions. In the Indian Panel code, there are many Rape & harassment laws in India. FIR has serial no. , date of occurrence, time of occurrence, place of occurrence, contents of the complaint, etc. it’s impracticable for a policeman to mention that this crime isn’t happening in my police headquarters territory. in order that they should take necessary actions without considering the place.
Section 154 of The Code Of Criminal Procedure, 1973 states about the legalities in registering an FIR.
154. Information in cognizable cases.
(1) Every information concerning the commission of a cognizable offense, if given orally to an official response of a police headquarters, shall be reduced to writing by him or under his direction, and be read Over to the informant; and each such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and therefore the substance thereof shall be entered during a book to be kept by such police official in such form because the government may prescribe during this behalf.
(2) Duplicate of the information as recorded under sub-section (1) shall tend forthwith, freed from cost to the informant.
(3) Anyone aggrieved by a refusal on the part of an official in charge of a station house to record the information mentioned in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offense, shall either investigate the case himself or direct an investigation to be made by any policeman subordinate to him, within the manner provided by this Code, and such officer shall have all the powers of a politician in charge of the police headquarters in reference to that offense.
It is not necessary for the informer to present personally before the police for registration of FIR. The FIR is often recorded on Mobile or maybe through e-mail. anyone who may be a victim of an offense or a witness to any such offense or has knowledge about any such offense can file an F.I.R. In short, it amounts to putting the law into action by providing information to the commission of a cognizable offense to an official in charge of a police headquarters. This could be reduced into writing and may be read by the informant later. It should be signed by the person giving such information. it’s necessary to offer a replica of the primary information report as recorded by the policemen to the complainant also as informant freed from any cost.
Hello, under intellectual property, Industrial design is really crucial to understand and its application process. Here I will start with the definition of Industrial design that is simple to understand the meaning of the same, The Designs Act, 2000 protects original and aesthetically appealing designs capable of being applied commercially and in consonance with the changes in technology and economic advance. Simply to understand by this definition is that any design made for industrial use that is unique then we can protect that design under this act so no other industry can copy the same design and sell it.
For example – the Coca-Cola bottle design had to protect the design of the same so that no other industry or any other company could copy the same design and sell it.
Another example – Design of Apple Mobile Phones that are iPhone no other company can copy the design of the iPhone and sell it.
Term – This design can be protected under this Act for the period of validity of the registration is 15 years (Initially 10 years and 5 years can be extended).
The pre-requisites for a design to qualify for protection are as follows under–
It should be novel and original
It should be applicable to a functional article.
It should be visible in a finished article.
It should be non-obvious.
There should be no prior publication or disclosure of the design.
Application Process –
Applicant or agent submits a duly filled in registration form with the prescribed fees along with four copies of the representation of the design. The drawing should clearly depict the features of the design from all the views and it must state the view.
The application along with the required documents must be submitted to the Design Wing in the Office of Patent and Trademark Office Database Journal in Kolkata or to any branch office of the Patent office in Delhi, Mumbai, or Chennai.
On the receipt of the application in the Patent Office, the Application is numbered, dated, and taken up for examination.
If there are any defects are noticed in the Application, that they are communicated to the Applicant or to his Agent.
The defects must be corrected within a time period of six months from the official date of Application.
If the defects aren’t rectified, as needed by the controller, a private hearing is provided to the applicant. The controller’s decision after the hearing is communicated in writing (Stating reasons) to the Applicant or his Agent.
The applicant can appeal to the High Court (within three months from the date of the Controller’s decision).
Once accepted the application is notified within the Patent and Trademark Office Database Journal.
Once the design is registered it is valid for 10 years from the date of registration of the design. The term can be extended future for 5 more years by filing an application for extension along with prescribed fees.
Now the question which might arise in ones mind that why should we seek for an industrial design or why it is needed the reason is that if one has a unique design then why should he/she should not protect it otherwise in this world anyone could copy the same and get it to register if the real designer didn’t do it within time.
Hello, Every year Indian army notify about the JAG (JUDGE ADVOCATE GENERAL) Entry notification. This entry is for both males and females. The eligibility for this Rank is graduation in law with a minimum of 55 % & age must be of 21 to 27 years as on 1 st of July 2020, of this JAG entry is the direct entry where there is no written exam only direct SSB (Service Selection Board) interview. After clearing the interview of the training is for 49 weeks or almost for one year.
Ranks and promotion criteria –
Lieutenant – 2 years
Captain – 4 years
Major (Till retirement in short service commission)
The tenure of this service is of 10 years after that of depending on the requirement of the Indian army and your service record, they may ask you to extend your service for 4 more years or you can voluntarily apply again after 10 years if you’re interested in the extension of your service. Total it will be like 14 years of service of which you can have in the Indian army.
The post of Judge Advocate General in India is held by a major general who is that the legal and judicial chief of the army.
The Judge Advocate General is assisted by a separate JAG branch which is consists of legally qualified army officers. A Judge Advocate General of the Indian army Legal advisor of the military personnel on the everyday matters including the Chief of the Army Staff. His department officers can either be commissioned directly into the JAG Branch or are often sidestepped from other branches, arms, or corps. JAG officers provide legal help to the military altogether aspects, especially advising the presiding officers of courts-martial on military law. JAG officers conduct all legal procedures from the framing drafts to appearing at courts and military tribunals.
Everyone within the whole world is suffering from this pandemic(Covid-19), I feel that Advocates are the one who suffers the foremost during this situation. There are not many job opportunities for college kids during this situation, albeit I encountered many students who face tons of problems in doing their internships. Even the Bar Associations of this country are so helpless now as they’re trying to convince the court to reopen it because lawyers are suffering tons in these situations.
Now maybe my readers don’t believe or accept as true with me but trust me I had my word with many of the lawyers who were charging a decent sum of amount for consulting their clients and now they’re just charging a pin amount of money to earn their livelihood. Everything is virtual that’s why most of the clients don’t fear the courts lately that’s the rationale that why they’re not paying well to their lawyers, lawyers suffer the foremost.
I appreciate Bar associations of this country who did help the lawyers by paying them a pin amount of money in order that they will survive, but it is not the answer. Even the Senior Advocates of the Supreme Court and High Court raise a number of the funds of these Advocates who are suffering tons during this situation and helped them.
Even I even have seen that the majority of the Advocates had left practicing or their passion/field of work simply because of this pandemic(Covid-19). My suggestions are that the court must take care of this example where lawyers are encountering with their livelihood and open the regular courts with precautions, pandemic(Covid-19) cases are increasing day by day but courts are the temple of justice that never close so it must be open during a satisfactory manner.
Hello, well this is often one of the foremost asked questions in my knowledge and practice of Law even I asked myself this question many times. In India basically after completion of an academic degree, students get confused several times that they need to practice within the field of Law or they need to become a Judge or etc. Well from my point of view before knowing that where or during which area you would like to practice the crucial things which matter is that you simply got to know the law. Before brooding about practicing of law, just ask yourself if you would like to become a Civil Lawyer or Criminal Lawyer, does one really know that what quite Laws are there in the Civil or criminal law and how many sections are there or chapters are there and which section or which chapters deal with a particular law.
Most of the time what I even have seen in India is students just get passed with a Degree of Law and that they don’t even the definition of Law. So here my point is that number one if you would like to become an Advocate/Lawyer then just practice with any of the Senior Advocate who has expertise within the field of Law and take guidance from them into your personal case matters additionally a minimum of 5 first years within the area of practicing into the Hon’ble Courts are going to be difficult as you’ll find out how to file the case, the way to draft a case, the way to stand into the court, what are the code, the way to speak into the courts, etc.
First 5 years of practice within the Courts your earning graph are going to be descending per annum and believe me after those 5 years of struggle you’ll become someone who knows the solution to the questions as I discussed in my last paragraph and in these 5 years will earn a good knowledge of the law and your mind will explore in various sorts of areas which suggest is that you simply will start wondering one thing into the 100 ways. After these 5 years, your earning graphs are going to be into the extent of zero nowhere your time starts as much as you still practice during this field of law your earning graph is going to be ascending day by day.
Hello, I was asked this question by plenty of my juniors who are still perusing a Law Degree. They often ask me the same question that what is the difference between the Advocate/Vakil/Attorney/Solicitor&Barrister?
The meaning of this answer is very simple.
First Lets understand who is Vakil – Vakil is a simple person who just has qualified with a Law Degree from a recognized university. He doesn’t have any registration with any Bar councils or has qualified for an AIBE Exam. Yes, he can fight a case as a Vakil in the District Courts in India. According to THE ADVOCATES ACT, 1961 Section 32, which says 32. Power of court to permit appearances in particular cases.―Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.
Here any person doesn’t mean Vakil any person means anyone but he must have knowledge of Law.
The second Solicitor – The solicitor is the person who gives legal advice to the clients but he doesn’t appear in the courts.
Third Barrister – The Barrister is the person who only fights into the court as a Lawyer, Solicitor only consults the clients and then tells the barrister about the case history of their client then Barrister fights that particular case in the court.
Advocate/Attorney/Lawyer – In India, if the person is Law Graduate, Enrolled under any Bar Council, and had cleared the All India Bar Examination AIBE then He/She must be called as an Advocate/Lawyer/Attorney. Now Advocate plays the role of Solicitor as he gives advice to his clients and he fights the court case that means he also plays the role of Barrister.
Solicitor+Barrister = Advocate/Attorney/Lawyer
I hope with this article you must understand the role of Advocate/vakil/Lawyer/Attorney/Barrister/Solicitor