EXPANDING THE NET - THE INCREASING SCOPE OF THE PREVENTION OF CORRUPTION ACT 1988

Introduction

The Prevention of Corruption Act, 1988 (“PC Act”), was promulgated to curb corruption in the country. In particular, the PC Act serves as a consolidated body of law to prevent corruption by public servants in India. Though the PC Act came into force in 1988, recent years have seen a marked judicial and legislative inclination towards expanding the scope of the PC Act and strengthening its provisions.

For instance, in CBI v. Ramesh Gelli[1] in 2016, the Supreme Court found that the Managing Director and Executive Director of a private bank, operating under a licence, issued by the Reserve Bank of India, would be considered as a ‘public servant’ and thus would be liable under the PC Act. Subsequently, in 2018, the PC Act was amended by the legislature, expanding the scope of offences regarding commercial organisations carrying on business in India.
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NEP 2020 AND FOREIGN UNIVERSITIES - WHAT TO EXPECT IN THE REGULATORY DOMAIN

Background

The National Education Policy, 2020 (“NEP”), is only a few days old and has been garnering a lot of attention. Indeed, this is only natural, given the impact it can have on the large student community of India. In addition, given that it is the first education policy in 34 years, both in subject matter and approach, it has demonstrated significant shifts. In some ways, it is substantially different from last year’s draft National Education Policy, 2019 (“Draft Policy”).

One of the areas in our country’s education policy that has always garnered attention and curiosity is the role that foreign educational institutions can play in India and their direct entry into the country. Hereinbelow, we will check what the NEP says in this regard, and what could be expected in the regulatory landscape as a result.
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