Defence
Defence Lawyers in India
Ordnance Factory Board (OFB) and the Defence Public Sector Units (DPSUs) manage the majority of the country’s defense production, while the Defence Research and Development Organization is the only entity in charge of R&D. (DRDO). The government and its agencies essentially oversee India’s defence industry. Even though domestic private firms were allowed to enter the defence business in 2001, there has only been a little amount of private sector involvement in total defence procurement so far. Among emerging countries worldwide, India has one of the greatest defence industrial bases.
The government’s different defence production facilities and laboratories employ almost two lakh workers. The DPSUs, Ordnance Factories (Ord Fys), and DRDO—all operating under the overall control of the government’s Ministry of Defence (MoD)—as well as a few private sector businesses made up of both large and Micro, Small, and Medium Enterprises are the main elements of India’s current Defence Industrial Base (DIB) (MSMEs). However, it is a well-known truth that despite having a sizable domestic defence industry, India mainly relies on imports to supply the weapon systems and platforms needed by its armed forces.
Our Services
Defence sector is extremely crucial for India. For this, the government and private entities have been making a lot of investments and strategies. We, at KSK, understand the intricacies of the sector and assist our clients with the following services:
- Advice on bidding process
- Decoding the Internal restructuring
- Advice on shareholding structures
- Ensuring compliance for foreign investment
- Drafting commercial agreements
- Drafting cooperation and joint bidding agreements
- Drafting of confidentiality agreement
- Examining transfer of title of material, goods and, equipment supplied to the Ministry of Defence
- Assistance with technology transfer agreement and IP protection
Key Highlights
- In-Depth Sector Knowledge: At KSK, we possess extensive knowledge of India’s defense industry, understanding the unique dynamics and regulations governing this critical sector. Our defense lawyers are well-versed in the complexities of this Industry and stay updated on the latest developments.
- Strategic Guidance on Bidding: Our expert legal team provides valuable advice on the bidding process, helping clients navigate the intricacies of defense procurement. We offer strategic insights to enhance your competitive position and optimize your participation in defense-related opportunities.
- Specialized Shareholding Structures: We provide tailored advice on shareholding structures specific to the defense sector. Our legal services ensure that your organization’s shareholding aligns with regulatory requirements and strategic objectives in the defense domain.
- Foreign Investment Compliance: Navigating foreign investment regulations is crucial in the defense sector. KSK offers expertise in ensuring compliance for foreign investments, providing clients with a secure and legally sound framework for their engagements.
- Comprehensive Drafting Services: From commercial agreements to cooperation and joint bidding agreements, our legal team excels in drafting precise and comprehensive documents. We pay meticulous attention to detail, ensuring that our clients’ interests are protected in every contractual arrangement.
- Expertise in Technology Transfer and IP Protection: The defense industry often involves technology transfer and intellectual property considerations. KSK provides assistance in drafting technology transfer agreements and implementing robust IP protection measures, safeguarding your innovations and proprietary technologies.
Key Professionals
Related Practice Areas
FAQs
What Is The Idea Behind Defence Procurement Procedure?
The main goal of DPP is to provide the armed forces with the platforms, systems, and equipment they require while guaranteeing unwavering performance requirements and quality standards through the most effective use of budgetary resources.
The DPP also places a strong emphasis on the openness and clarity of the procurement process for the weapons, supplies, and other everyday necessities utilized by the military across the nation. Additionally, it attempts to increase the production, manufacturing, and designing capacities of the MSME-affiliated businesses (Ministry of Micro Small and Medium Enterprise). The timely purchase of goods is a major objective of DPP since any delay or buffer interval between the procurement of goods and equipment might result in a significant differential gap if a problematic circumstance arises or if any country anywhere in the globe requests assistance.
What Is Dap 2020?
As a possible stimulant for the Atmanirbhar Bharat Abhiyaan in the field of defence manufacturing, the Defence Acquisition Procedure (DAP) 2020 was developed in 2020. The DAP makes it simpler for the Tri-Services and other allies in the defence industry to acquire new goods, services, and technology. It aims to support the Make in India field initiatives, particularly those of MSMEs, with its numerous upgraded features. Additionally, it creates more public accountability, openness, fair competition, and level playing fields in the industry.
Who Controls The Defence Sector In India?
Although the Indian Prime Minister is the leader of the administrative branch, the President of India is the official Supreme Commander of the Indian Armed Forces. The ministry tasked with insurgency management and safeguarding India’s foreign security is the Ministry of Defence (MoD). The armed forces may carry out their duties in the context of the nation’s defence thanks to the Ministry of Defence’s policy framework and resources. The Ministry of Defence is largely in charge of safeguarding India’s territorial integrity through the Indian Armed Forces, which include the Indian Army, Indian Air Force, Indian Navy, and Indian Coast Guard.
Who Can Make Rules With Respect To The Defence Sector?
As mentioned in Section 3 of THE DEFENCE OF INDIA ACT, 1962: To secure the defence of India and civil defence, to ensure public safety, to maintain public order, to ensure the effective conduct of military operations, or to maintain supplies and services that are vital to community life, the Central Government may issue any rules that it deems necessary or expedient by publication in the Official Gazette.
What Is The Role Of The Armed Forces Tribunal?
The Army Act of 1950, the Navy Act of 1957, and the Air Force Act of 1950 all govern commissions, appointments, enrolments, and conditions of service for individuals. The Armed Forces Tribunal Act of 2007 was passed by the Parliament and established the AFT with the authority to adjudicate or try disputes and complaints in these areas. It may also include provisions for appeals based on decisions made by courts-martial convened in accordance with the aforementioned Acts, as well as for issues related to or incidental to such proceedings.