Infrastructure in India is in a developing phase. With the advent of the concept of public-private partnership (PPP), the role of government and the state is being redefined. In a welfare state like India, the state is bound to work for the welfare of the people and it has been interpreted by the courts that even the private players — wherever there is government participation involved like PPPs — cannot be absolved of the duty of taking care of public interest. It is for this primary reason that a number of regulatory bodies has been created. As the regulators are independent bodies with quasijudicial powers, the state is also bound by their decisions. The legal framework and processes enabling this are also significant. The instruments enacted by the legislature, the institutions established with the authority of the enactment, and the individuals who make them work are the three 'I's which can make or mar the development of infrastructure in any country and India is no exception.
As the stakes are very high in most of the infrastructure projects, both the private players and the government are keen to have a binding and functional contract. Many a times, weak contracts lead to matters ending up in a court of law. Parties also resort to extra-judicial dispute resolution techniques. At times, easy accessibility to courts and explosion of Public Interest Litigation (PIL) may create several hurdles in the path of an infrastructure project.
Hence, it is important for senior management of institutions related to infrastructure to develop a perspective on legal and regulatory issues which this management development programme seeks to offer.
• Understand the legal issues involved in infrastructure development.
• Examine the working of regulators in general and specific to sectors.
• Study the mechanism of dispute resolution through arbitration and litigation.
• Analyse the role of government in different infrastructure projects; the environment in which civil servants perform in the light of political expectations.
• Develop an understanding of the Model Concession Agreements of the Planning Commission
• Role of regulators: New dimensions.
• Working of the judiciary and role of courts in infrastructure projects: Challenges ahead.
• Public-Private Partnership (PPP): Different mechanisms, project structuring, role of state, and private players.
• Issues common to most of the sectors: Environment, land acquisition, etc.
• Sectoral issues in airports, power, railways, roads, special economic zones, telecom, etc.
• Public interest, public policy, and public order.
• Legal empowerment: PIL and RTI.
• Model Concession Agreements.
• Dispute Resolution – Arbitration (both domestic and international).
The pedagogy will include lectures, case studies, group discussion, and exercises.
• Government officers having a role in policy formulation.
• Professionals in government, public, and private sector dealing with infrastructure projects and PPPs.
• Regulators and senior managers from regulatory institutions.
• Law professionals handling infrastructure.
• Personnel from NGOs and similar agencies dealing with environmental and rehabilitation issues.