As the New Year is born, Bar & Bench takes a look at the year that will be.

Ten days into the new year, 2010 seems to have exciting things in store for the legal community, in India and elsewhere. The Supreme Court is due to deliver its judgment on the Reliance matter, the UPA government is in the midst of some interesting regulatory and legislative restructuring, and several new breakaways will begin operations this year, most notably Tatva Legal, which broke away from Dua Associates on New Year's Day to celebrate its own birth.

Gay or Sombre? With ten special leave petitions pending before the Supreme Court, it appears that the spectre of criminalization still haunts same-sex couples in India. While the Delhi High Court has been lauded for its forward-thinking judgment, the Supreme Court is yet to earn those laurels. Several reasons have been cited for appealing against the Naz Foundation decision, some understandable, several downright ludicrous. Some of the petitioners have contended that homosexuality may be 'cured', while others equate it with prostitution and gambling and argue that de-criminalisation of same-sex relationships may lead to de-criminalisation these other crimes, or increase in the kidnapping of young boys. Whether these arguments will pass muster before the Supreme Court remains to be seen, and there are many in India who hope that 2010 will be the year when homosexuals in India can stand tall and proud without fear of the law.

Small Stake, Big Cash Cow: The government of India is planning to divest up to 10 percent in several public sector units (PSUs) this year. The biggest stake sale in the history of Indian divestment, the Rs. 23,000 crore ($4.7 billion) National Mineral Development Corporation stake sale, is expected to take place around March this year. The government has already shortlisted the legal advisors for the issue; sources suggest that the mandate has been given to Crawford Bayley, but no confirmation has been received. FoxMandal have already been appointed the legal advisors on the Satluj Jal Vidyut Nigam divestment, and Luthra have been brought on board by the Rural Electrification Corporation for its follow-on public offer, to be launched later this month, or early next month.

Top Dog: The Partners of Hogan & Hartson and Lovells have given their approval to the merger, thereby ensuring that 2010 will see the creation of Hogan Lovells, the third largest megafirm in the world. The merger is expected to be complete by May 2010. Phoenix Legal, which has a "close working relationship" with Lovells, according to the latter's website, is still keeping its options open- but will the rise of the new Titan finally cement the alliance? The merger will impact the Indian market in other ways as well. Hogan Lovells cannot afford to ignore a market as lucrative as India, and with several firms expressing their intention to establish 'best friend' relationships in India, the new entity may also be firm shopping on Indian territory shortly.

Of Women, Judges and women judges: The Law Minister had made several promises during the course of 2009, some which have had to necessarily be carried over into 2010. The UPA government's insistence on consensus has meant that the Women's Reservation Bill has been pushed forward into yet another session of Parliament without seeing light of day. Several other Bills of interest are also pending before the Houses: the much-anticipated Judges Standard and Accountability Bill, the HIV/AIDS Bill and the Foreign Education Bill are expected to be tabled in the budget session. In keeping with her stance on women's participation in public institutions, President Patil has also expressed concern over the fact that the Supreme Court has not seen a woman judge in several years. The Supreme Court collegium is mulling the matter, and we may finally see a woman judge in the apex court, four years after the retirement of Justice Ruma Pal.

The slow climb back: One year after Ramalinga Raju's shocking confession, Mahindra Satyam is still making the slow climb back into respectability. The company's task has not been aided by the class action suits brought against it by investors who were severely hit when the scam came to light. The company's former Chairman, Ramalinga Raju, is facing action by the SEBI, while the Central Bureau of Investogation (CBI) has recently filed a chargesheet against him. There may also be trouble brewing for the afflicted Satyam against sister company Maytas, over refund claims. The tussle, which has already been brought before the courts by Satyam, who has filed a caveat application last month, may further delay the company's restatement of accounts, due on June 30, 2010, in accordance with the CLB's extended deadline.

Blast from the past: While an apprenticeship sounds like something out of the Victorian era, the Advocates Act, in fact, made provision for mandatory apprenticeships until 1973, when the clause was deleted. The Law Ministry, however, is considering the reintroduction of apprenticeships and qualifying exams for prospective lawyers. The proposal has received Cabinet approval, but is pending consultation with the Bar Council of India. The idea has been met with approbation from several sections of the legal community, who feel that bar exams and apprenticeships may boost the declining standards of the Bar. Whether the Ministry will act speedily on the matter, however, remains to be seen.

Bankruptcy and Billion-dollar deals: AZB & Partners is establishing an excellent reputation as the go-to firm for billion-dollar transactions. The firm is reportedly acting for Reliance Industries in its bid for the American assets of bankrupt petrochemical giant, LyondellBasell. Reliance is only one of several companies involved in the bidding war, but regardless of the eventual outcome, AZB's reputation in the cross-border transaction sector can only be revised upward. What other multi-billion dollar deals will the New Year bring for the firm?

 The Right to Know Row: The Dinakaran din may be winding down somewhat, but the Right to Know row is only just heating up. The Supreme Court will be hearing itself in an appeal against the Chief Information Commissioner's order to the Court to divulge details relating to appointment of judges and the correspondence between the Chief Justice of India and Justice R. Regupathy of the Madras High Court on the alleged interference of a Union minister in a sub judice matter. In the meanwhile, another appeal is pending before a full bench of the Delhi High Court against a Single Bench's order that the office of the Chief Justice falls within the ambit of the Right to Information Act. Will 2010 be the year of increased transparency within the judiciary? Prashant Bhushan, counsel for serial RTI applicant Subhash Chandra Agarwal, certainly intends to ensure it is so.

To vote or not to vote? The Gujarat Assembly may be patting itself on the back for having passed its compulsory voting law, but not everybody is regarding the new legislation with similar complaisance. The legislation, which has yet to enact rules regarding enforcement, has met with violent opposition from the Opposition, and several legal experts feel that it may eventually prove cumbersome to enforce, as well as fostering more corruption within the bureaucracy. The Bill makes voting in local body elections mandatory; with the first of these elections coming up in October this year, the efficacy, or lack thereof, of the law will soon be proved. The proof of the pudding, after all, is in the eating.

Within Boundaries: The Karnataka High Court held last year that the National Law School of India University, Bangalore, could extend SC/ST reservation only to Karnataka students, despite the university's claims of being a national institution. The Court held that SC/ST reservation could not be extended to students migrating from other states, a decision that could have wide-ranging repercussions if confirmed by the Supreme Court, where the matter is currently on appeal. Will IITs, IIMs and NLUs lose their 'national' character? Stay tuned to Bar & Bench this year, to find out.

This is part two of a two-part article; the first part is a review of the significant legal developments of 2009. Click here to read part one.

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