Author: monojit

The field of law that focuses specifically on healthcare is diverse, challenging, and constantly changing, and that presents growth opportunities at a time when some fields of law are seeing job stagnation. But many law students aren’t aware of these possibilities, which run the gamut from malpractice litigation to end-of-life planning; from medical-records compliance to helping people navigate the complexities of the mental-health system. And those opportunities are only expected to keep expanding.

Health law is an incredibly broad, diverse and dynamic field of law. Health lawyers work on cases and policy relating to access to care, insurance coverage, difficult ethical choices (particularly at the beginning and end of life), providers of care (and how these providers are organized and paid), the safety of our drugs and food supply, disease prevention and treatment, and many other fascinating topics. In part because of the breadth of the field, health law also cuts across and involves doctrine and practice from a wide array of areas, including contract law, tax law, corporations and nonprofit organization, insurance and pension law, employment and labor law, public benefits law, torts, ethics, criminal law, administrative law, privacy, civil rights, reproductive rights, constitutional law, and statutory drafting and interpretation—even First Amendment religious liberty and freedom of speech concepts can be implicated in the field of health law. And health law is practiced in a dizzying range of settings: in federal, state and local government; in legal services organizations; in advocacy nonprofits; and in private public interest law firms, to name a few. Students and alumni attracted to health law as a career path can choose among many different types of legal practice, from direct client services to agency counsel or in-house work to policy work. These multiple diversities make health law a field where almost anyone can find an area of interest, and where those working within the field can often find new challenges. Some students enter law school with a preexisting interest in or curiosity about health law. Perhaps they have an undergraduate degree in the life sciences and/or considered going to medical school; perhaps they have worked in an HIV or health clinic in the United States or abroad; perhaps they did a college internship on Capitol Hill or in an advocacy nonprofit and were exposed to health care legislation. Other students may approach health law as a new interest, sparked by something studied in their 1L year or by a clinical or legal internship experience.

Competition law works at the intersection of law and economics to protect competition and ensure a free economy. A competitive market ensures that consumers have choices in price, selection, and service. A central goal of competition law is to prevent large corporates from engaging in conduct that disrupts competition, such as preventing companies from entering into anti-competitive agreements, preventing companies with a dominant position in market from abusing their power, and preventing companies from reducing competition through mergers. In 1991, India’s economy opened up to private participants after the economic liberalization. Consequently, it became necessary to establish a competition law framework that was responsive to the new economic landscape and consistent with global practices. This led to the introduction of the Competition Act, 2002, replacing the Monopolies and Restrictive Trade Practices Act, 1969, which prohibits practices that have the potential to adversely affect competition within India. The law has since been amended to keep up with changing times. Over the years, with the rapid expansion of the corporate sector and the arrival of large international conglomerates, competition law has become a highly rewarding practice. Its importance has grown further post the COVID 19 pandemic as struggling corporations are resorting to mergers and amalgamations for stability. Regulators across the world are keeping a close eye to ensure that large corporations do not resort to unfair practices to speed up recovery. Hence, in the foreseeable future, the scope of practice in competition law is expected to grow exponentially. In this blog, we give a broad overview of career prospects in this area.

Competition lawyers assist businesses in navigating competition challenges arising from expansion or acquisitions in accordance with domestic and international laws. Due to the complexity of competition law, lawyers often need extensive familiarity with the client’s

domain, and hence independent practice is rare. The biggest opportunity is at top law firms as they are the ones that typically handle compliance and enforcement for large corporate customers. In fact, most of the country’s top law firms such as Cyril Amarchand Mangaldas, Trilegal, AZB & Partners have groups that focus exclusively on competition law. These firms’ competition lawyers work on transactions like acquisitions, mergers, and amalgamations. The competition team’s responsibility is to determine whether these deals require CCI approval. If clearance is required, the team’s primary goal is to persuade the CCI that these transactions will not harm the market and, as a result, should be permitted. They deal with paperwork, hearings, and talks with the CCI until they get approval. Recent examples of such transactions include the TATA Group’s acquisition of Air India and Reliance’s acquisition of Big Bazaar. The CCI had to approve each of these deals. Another aspect of competition law is enforcement, often corporates or independent parties notify the CCI about anti-competitive agreements or abuse of dominant position. Lawyers from top firms are involved in both the complaint and the defence. For example, CCI recently initiated proceedings against Google for abuse of its dominant position after complaints by several news organizations.

Other than law firms, those interested in competition law can also directly work with large corporates as in-house experts. This trend originated in the West but is picking up pace in India as the CCI becomes more active in its role as watchdog. Companies like Google and Amazon keep in-house experts that work with the management to ensure compliance and provide competition-related advice. They ensure that regulatory obligations are honoured and assess risks associated with existing competition-binding legal commitments. They provide the management with the knowledge, tools, and assistance required to successfully detect transgressions and reduce the risk of violating regulatory guidelines. Typically, these roles involve working with the internal compliance/audit teams.

There are also several opportunities for those who are interested in venturing beyond litigation and compliance. Policy research has grown in importance and popularity in recent times. Issues of competition policy are currently more prevalent in public debate than they have been in decades. The expanding market strength of large digital platforms raises concerns about privacy and data protection, consumer and small business exploitation, and the extinction of

smaller competitors. Policy arguments are now focusing on these new threats brought about by technological advancements. Moreover, competition law is a relatively new piece of legislation and is constantly changing and being amended. Because of these reasons, several think tanks are investing significantly in competition law research. These organizations conduct quantitative and qualitative research on important themes on the policy agenda. They also analyze prominent cases and regulatory obstacles for their clients which include international media outlets, business, and academic audiences. Working for these think tanks is a highly lucrative option for the academically inclined with several opportunities in India and abroad. Jindal Institute on IP and Competition and Vidhi Centre for Policy are some prominent think tanks working on competition law in India. Of course, policy research can also be conducted in academia and academics frequently work with think tanks in advisory positions.

For those interested in adjudication, working with the CCI as a research associate is also an excellent choice. Associates gain deep insight into the regulatory body’s decision-making process. They also play an important role in conducting research for active cases as well as assisting in drafting orders. The CCI posts advertisements regularly for these positions and the compensation is determined based on the job description. Researchers also obtain a direct understanding of the transaction review process and learn about legal hurdles that typically lead to denials. This experience is highly valuable and former associates often get lucrative positions with top law firms due to their insider experience.

In summary, the practice of competition law is rapidly gaining prominence. Although currently only a minuscule fraction of lawyers in India work on competition law, this is expected to boom in the near future. Jobs associated with the practice offer high salaries but require excellent familiarity with the law and a deep understanding of the dynamics of the client’s domain. Currently, opportunities are mainly restricted to top law firms and as in-house experts at large companies. The former role primarily involves seeking approval for transactions such as mergers and acquisitions from the regulator as well as initiating and defending against legal action. The latter involves advising the management to ensure compliance with regulatory

guidelines and competition-related legal bindings. There are also research positions at think tanks, in academia, and with the CCI.

By default, the Indian education system causes numerous stages of stress in students’ academic journey. The Higher Secondary Examination is arguably the most difficult of these. After their exams, Higher Secondary students are on the verge of picking their life path. This conundrum is unfathomable – for some, it is a shortage of possibilities, while for others; it is an ocean of choices. In any case, it puts a lot of pressure on young minds. Law as a profession provides students with numerous employment options to consider. As a result, it’s no wonder that an increasing number of young people are choosing law as their chosen career path, and for good reason. The legal arena is the place to be for anyone with communication abilities, keen and logical reasoning, analytical skills, and the ability to read and imbibe. Law schools enhance these abilities and prepare students to practice law. There are several steps to this procedure.

To begin, an entrance exam must be passed in order to get admission to a respectable and reputable law school. Then, you must decide which course to take. Bachelor in law is combined with other disciplines such as B.A., B.Sc., B.Com, and B.B.A. in this five-year graduate programme. Students can choose their subjects depending on their interests and proclivity, as well as the Higher Secondary stream they studied. A graduate of any discipline can pursue a three-year law degree. Lastly, they must decide during their final year of university/college, when the curriculum is divided into specializations such as corporate law, intellectual property law, criminal law, and so on. Furthermore, having learned the complexities of these specializations through internships, the student is well-equipped to make an informed decision at this point.

After graduation, a law graduate can join the Indian Army. Unmarried male and female law graduates are invited to apply for a Short Service Commission in the Indian Army in the Judge Advocate General department. The Judge Advocate General (JAG) department is the Indian Army’s legal department. A Judge Advocate is considered to be a Judicial Officer. A JAG officer’s principal responsibility is to provide independent, operationally-focused, solution-oriented legal advice and services throughout the whole spectrum of law to support Army operations and sound Army administration. Now we will see various aspects of this service like (i) Eligibility (ii) Vacancies, Terms, and Conditions of Service, and Training (iii) Promotion Criteria and Salary Structure (iv) How to Apply, and the Selection Procedure.

(i) Eligibility

A candidate must be one of the following: (I) an Indian citizen, or (ii) a Nepalese subject, or (iii) an Indian national who has migrated from Pakistan, Burma, Sri Lanka, and the East African countries of Kenya, Uganda, United Republic of Tanzania, Zambia, Malawi, Zaire, and Ethiopia, as well as Vietnam, to permanently settle in India, provided that a candidate belonging to categories (ii) and (iii) above must be a person in whose favour the Indian government has given an eligibility certificate. Those who are Nepalese Gorkha subjects, on the other hand, will not require an eligibility certificate. The age limit for applying is 21 to 27 years. Minimum of 55 percent in the LLB degree (three years as a professional after graduation or five years after passing the 10+2 exam). Candidates must be eligible to register as an advocate with the Bar Council of India/State. The candidate must have graduated from an institution or university recognized by the Bar Council of India.

(ii) Vacancies, Terms and Conditions of Service, and Training

The Indian army will notify the vacancy as per its requirement and availability of post. Male and female in the regular army will be granted a 14-year short service commission(SSC), which will last for an initial period of 10 years and can be extended for another four years. Male and female officers who wish to continue serving in the Army after their ten-year Short Service Commission has expired may be considered for the grant of a Permanent Commission (PC) in the tenth year of their Short Service Commission, if eligible and suitable in all respects, in accordance with the relevant policies as issued from time to time. SSC officers (both male and female) who are not selected for PC but are otherwise fit and suitable will be offered the opportunity to serve as SSCOs for a total of the term of 14 years (including the initial 10-year term), after which they will be released from the Army. From the time an officer earns his or her commission, he or she will be on probation for six months. If he or she is found unfit to keep his or her commission during the probationary period, his or her services may be terminated at any time, whether before or after the probationary period ends. Selected candidates would be detailed for Pre-Commission training at Officers Training Academy (OTA), Chennai, based on their final order of merit and the number of vacant positions, if all eligibility conditions are met. Candidates will not be permitted to marry or live with their parents or guardians during the training period. Candidates are not allowed to marry until they have completed the Officers Training Academy’s full training. The University of Madras will grant a ‘Post Graduate Diploma in Defence Management and Strategic Studies’ to all candidates who successfully complete Pre-Commission training at Officers Training Academy, Chennai. The government covers the entire cost of training at OTA. Before the passing out of gentleman and lady cadets from OTA, the final allotment of arms/services will be made. The training period at OTA, Chennai is 49 weeks. Stipend for Gentlemen or Lady Cadets during the duration of their training in Service Academies, i.e. while at OTA is Rs. 56,100/-p.m.

(iii) Promotion Criteria and Salary Structure

Promotion Criteria 

 Pay 

They will also receive other allowances like Military Service Pay (MSP), Dearness Allowance, High Altitude Allowance, Siachen Allowance, Uniform Allowance, Ration in Kind, Transport Allowance, and Children Education Allowance, etc. Please keep in mind that pay and allowances, as well as the regulations and provisions governing them, are subject to change at any time.

(iv) How to Apply and Selection Procedure

Only online applications will be accepted at www.joinindianarmy.nic.in. click ‘Officer Entry Login,’ then ‘Registration’. After carefully reading the instructions, fill the online registration form. After registering, go to the Dashboard and click on ‘Apply Online.’ The page ‘Officers Selection – ‘Eligibility’ will be displayed. Then, against Short Service Commission JAG Entry Course, click ‘Apply.’ The ‘Application Form’ page will appear. The Ministry of Defence’s (Army) integrated Headquarters reserves the discretion to shortlist applicants, without giving any explanation. Candidates will be notified of their Center allotment through email after their applications have been shortlisted. Candidates will be examined in two stages. Those who pass the first stage (I Stage) advance to the second(II Stage). Those who do not pass the first stage will be returned the same day. The SSB interview lasts five days, and details are available on the Directorate General of Recruiting’s official website, www.joinindianarmy.nic.in. Following Stage II, candidates who are recommended will undergo a medical examination. If all qualifying conditions are met, candidates who have been approved by the SSB and are medically fit will be granted a joining letter for training in the order of merit. Candidates who appear for their first SSB interview for a certain type of commission would be eligible to AC 3-tier to and fro train or bus fares, including reservation-cum-sleeper charges, within Indian limits. Candidates who appear for the same type of commission for the second time will not be eligible for travel allowances. Some personal restrictions in service shall be imposed upon joining the Army in accordance with Article 33 of the Indian Constitution as issued in the Army Act and Army Rules from time to time.

Thus, the JAG department is the backbone of the Indian Army’s legal system, contributing professionally to a disciplined force by providing focused legal solutions in the fulfillment of legal and judicial duties. The officer’s major responsibility in the Department of JAG(Army) is to attend Courts-Martial as a Trial Judge Advocate, where he decides any legal issues that arise during a trial. In dealing with disciplinary matters, monitoring court cases, and pursuing litigation in various courts at different levels, an officer in this department is supposed to provide advice and help to establishments/units of the Indian Army. A legal officer’s responsibilities include advising on various aspects of numerous laws, such as Army Law, Army Rules, Regulations, and Orders, Criminal and Civil Law, Contract Law, Personal Law, and others.