The Law Bulletin… Page 1www.abhyaas.inAbhyaas Law Bulletin … For the quintessential CLAT aspirantAugust10 th , 2013 ALB20130808 TheEditor’s Column DearStudent, Welco me to the Augu st editio n of the Abhy aas law Bulletin. The UPA gove rnment final ly started takin g some major decisions ahead of the general elections in 2014. The Congress Working Committee (CWC), the highest decision making body of the party finally decided to recommend creation of a separate state of Telangana to the Union Government. There were protests in the Seemandhra region. The Congress has since appointed an internal committee headed by A K Antony to look into the apprehensions and grievances of the people from the Seemandhra region. The Union Government relaxed FDI norms in major sect or s in a bid to attrac t foreig n in vestment. It relaxed norms in sectors like defenc e, telecom, insurance, commodity exchanges and power exchanges. There was a nation wide outrage over the suspension of young IAS officer Durga Shakti Nagpal by the UP Government allegedly for her crackdown on the sand mafia. The Union Government is mulling to mod ify certain rules wi th res pec t to civ il ser vice s officers transfers and suspensions after the inc ident. Happy Reading ! (Rakesh Dubbu du) Index: Page 2: National Page 3: National Page 4: Spotlight The Scoop Of The Month Congress declares Telangana will be a realityMoments after the Congress’s allies in the UPA Coordination Committee agreed to the division ofAndhra Pradesh, the party’s Working Committee pr onounced in a unanimous resolution th at Telangana would be a reality. Andhra Pradesh will probably be able to celebrate 57 years of its existence this November, before the curtains come down on it. But Andhra Pradesh Chief Minister Kiran Kumar Reddy did not wait for the announcement. After making a last ditch ef fort — as did other central ministers, Congress MPs and other leaders from Seemandhra to persuade the Congress leadership not to go through with the separation — he dashed back to Hyderabad to deal withthe political fallout. Wi th threats of resig na ti on s co min g in from Congress State minister s and MLAs from th e Seemandhra regio n, a grim-f aced par ty gener al secretary in charge of Andhra Pradesh Digvijaya Singh admitted, in response to a question, “Some issues are agitating the minds of people on both sides, and it is the responsibility of the Congress ge neral secretar y in charge and the State leadership to resolve them. ” The complicated process that will accompany the creation of what will be India’s 29th state, Mr. Singh said, will “take four to five months”. (Contd…)
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Abhyaas Law Bulletin …For the quintessential CLAT aspirant
gust10 th, 2013 ALB20130808
Th e Editor’s Column
Dear Student,
Welcome to the August edition of the Abhyaas lawBulletin. The UPA government finally started takingsome major decisions ahead of the general electionsin 2014.
The Congress Working Committee (CWC), the highestdecision making body of the party finally decided torecommend creation of a separate state of Telanganato the Union Government. There were protests in theSeemandhra region. The Congress has since appointedan internal committee headed by A K Antony to lookinto the apprehensions and grievances of the peoplefrom the Seemandhra region.
The Union Government relaxed FDI norms in majorsectors in a bid to attract foreign investment. Itrelaxed norms in sectors like defence, telecom,insurance, commodity exchanges and powerexchanges. There was a nation wide outrage over thesuspension of young IAS officer Durga Shakti Nagpalby the UP Government allegedly for her crackdown onthe sand mafia. The Union Government is mulling tomodify certain rules with respect to civil servicesofficers transfers and suspensions after the incident.
Happy Reading !
(Rakesh Dubbu du)
Index:
Page 2: National
Page 3: National
Page 4: Spot l igh t
The Scoop Of The MonthCongress declares Telangana will be areality
Moments after the Congress’s allies in the UPACoordination Committee agreed to the division of Andhra Pradesh, the party’s Working Committeepronounced in a unanimous resolution thatTelangana would be a reality.Andhra Pradesh will probably be able to celebrate57 years of its existence this November, before thecurtains come down on it. But Andhra PradeshChief Minister Kiran Kumar Reddy did not wait forthe announcement. After making a last ditch effort— as did other central ministers, Congress MPsand other leaders from Seemandhra to persuadethe Congress leadership not to go through with theseparation — he dashed back to Hyderabad todeal with the political fallout.
With threats of resignations coming in fromCongress State ministers and MLAs from theSeemandhra region, a grim-faced party generalsecretary in charge of Andhra Pradesh DigvijayaSingh admitted, in response to a question, “Someissues are agitating the minds of people on bothsides, and it is the responsibility of the Congressgeneral secretary in charge and the Stateleadership to resolve them. ” The complicatedprocess that will accompany the creation of what
will be India’s 29th state, Mr. Singh said, will “takefour to five months” . (Contd …)
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gust10 th, 2013
National:
Centre, he said, will send the CWC resolution to theState assembly for its approval, which would then beent to the Union cabinet that will set up a Group of
Ministers to address the issues of Telangana andSeemandhra: these will include the sharing of waters,
evenue, land, power. After that, it would come backo the Cabinet, which would ask the Union lawministry to draft a bill that would be sent to theAndhra Assembly for its comments. Then the Unionhome ministry will make the adequate provisions,ncorporating the suggestions. Next, the draft bill,
approved by the government, will be sent to thePresident, after which Parliament will have to pass thebill in both the houses by a simple majority. It will thenbe sent back to the President for notification.
Mr. Singh made it clear that the approval of theAndhra Assembly was not needed for the creation of Telangana. As for the provisions of Article 371 (D), heaid the Union cabinet would have to examine
whether its provisions would remain relevant after thecreation of Telangana.
The 10 districts of Telangana will form the new State,while the remaining Andhra and Rayalaseema regionswill together constitute Seemandhra. Hyderabad willbe the common capital for the two states for 10 years,by which time Seemandhra is expected to build a newcapital located within its geographical boundaries.
For the moment, the proposal to include two districtsof Rayalaseema in Telangana has been put in coldtorage; however, Mr. Singh, when asked a question
on the subject, said that while for the moment the twodistricts would not be part of Telengana, over the nextew months, those from the State who wanted them
o be included could make a suggestion to the Groupof Ministers that will be set up for consideration. Theemphasis in the CWC resolution is that the creation of Telangana has been difficult, but that it comes afteryears of promises made by different leaders of theparty from Union home minister P. Chidambaram tohe late Y.S. Rajasekhara Reddy, as well as its mentionn several party documents. Indeed, the resolutionakes pains to stress that it is historical reasons ratherhan political expediency that has led the government
o take this painful step.
Over 30% of MPs, MLAs face criminal charges
Days after the Supreme Court ruled that aconvicted elected representative cannot continuein office, an analysis of the affidavits of Membersof Parliament and Members of Legislative
Assemblies, has revealed that over 30 per cent of them have criminal cases registered against them.According to an analysis done by the Associationfor Democratic Reforms (ADR) and the NationalElection Watch (NEW), 30 per cent of sitting LokSabha MPs and 31 per cent of sitting MLAs havecriminal cases registered against them. To get asense of criminalisation of politics, the ADR andthe NEW analysed the self-sworn affidavits of atotal of 4,807 sitting MPs and MLAs. Theseaffidavits were submitted by the politicians to theElection Commission of India prior to contestingelections.When it comes to party-wise distribution of MPsand MLAs with criminal cases, the Indian NationalCongress, has the lowest percentage (21 per cent)with criminal cases — of its 1,433 electedrepresentatives, 305 are facing such charges. Onthe other hand, the Jharkhand Mukti Morcha, theruling party in Jharkhand, has earned the dubiousdistinction of having the highest percentage of MPs and MLAs — 82 per cent — with criminalcases. Sixty-four per cent of MPs and MLAs whohave been elected on RJD ticket have declaredcriminal cases against themselves; whereas in theSamajwadi Party and the Bharatiya Janata Partythe figure is 48 per cent and 31 per centrespectively. Of the 1,017 MPs and MLAs from theBJP, 313 have declared criminal cases.Among the States only Manipur has no MLA withdeclared criminal cases in its 2012 Assembly.
The Jharkhand 2009 Assembly has the highestpercentage of elected representatives (74 percent) who declared criminal cases against them.As many as 55 MLAs in the Jharkhand Assemblyare facing charges.Among the recent elections that have beenanalysed by ADR and NEW, the Bihar 2010Assembly has 58 per cent MLAs who havedeclared criminal cases against themselves. In theUttar Pradesh 2012 Assembly, there are 47 per
cent MLAs with criminal cases.
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No acid sale sans ID: Supreme Court
W ith a view to prevent acid attacks, the SupremeCourt has completely prohibited over-the-counter saleof the chemical unless the seller maintains aog/register recording the address and other details of he buyer, and the quantum.
Giving this interim direction, effective until rules areramed by States and Union Territories, a Bench of ustices R.M. Lodha and Ibrahim Kalifulla, hearing the
petition filed by acid attack victim Laxmi, said alldealers should sell the chemical only after the buyerhowed a government-issued photo identity card andpecified the purpose of purchase. The seller shouldubmit the details of sale to the local police withinhree days of the transaction; no acid should be sold to
any person under 18 and all stocks must be declaredwith the local sub-divisional magistrate (SDM) in 15
days. “……All institutions shall maintain a register of usage of acid and file the same with the local policeand the SDM concerned. Further, the institutionshould make a person accountable for possession andafe keeping of acid; acid should be stored under theupervision of this person and there should be
compulsory checking of students/personnel leavinghe laboratories where acid is used. ”
Time lapse is no ground for quashing preventive
detention order: Supreme Courtnordinate delay in execution of a preventive
detention order, either because the offender has beenabsconding or evading arrest or it could not beexecuted due to inaction on the part of authorities,cannot be a valid ground for quashing it, the SupremeCourt has ruled.A Bench of Chief Justice Altamas Kabir (who has sinceetired) and Justices Gyan Sudha Misra and J.
Chelameswar, by a majority of 2:1, held that the orderof detention at the pre-execution stage “is not fit to bequashed and should not be quashed merely due to aong lapse of time. ” Writing the main judgment, Justice
Gyan Sudha said if it was held that a detention orderwas fit to be quashed merely because the same couldnot be executed for one reason or the other speciallywhen the person concerned was evading it, “the lawsof preventive detention would surely be reduced to ahollow piece of legislation which is surely not thepurpose and object of the [Conservation of Foreign
Exchange and Prevention of Smuggling Activities, orCOFEPOSA] Act.”
Supreme Court order on smoking hazard
The Supreme Court removed all hurdles onimplementation of Point of Sale Rules on tobaccoand tobacco products. As per the rule, each displayboard should contain in an Indian language awarning that ‘tobacco causes cancer’ or ‘tobacco
kills’ and it should be prominently displayed in aspace measuring 20 cm by 15 cm.
Four Indian-Americans win awards
Four Indian-American professors are among 13mathematicians, theoretical physicists andtheoretical computer scientists selected for theSimons Investigators awards for their cutting-edgeresearch. Kannan Soundararajan, Rajeev Alur, SalilP. Vadhan and Senthil Todadri will receive$1,00,000 a year for five years for long-termresearch.
FDI cap hiked in key sectors
In a bid to boost foreign investment, the UPAgovernment hiked limits and relaxed rules forForeign Direct Investment in key sectors includingdefence, telecom, insurance, commodityexchanges and power exchanges. In telecom, the
FDI limit has been increased from 74 per cent to100 per cent under the Foreign InvestmentPromotionBoard (FIPB) route.These major policy decisions — taken at a meetingconvened by Prime Minister Manmohan Singh —are aimed at boosting the flow of foreign funds inthe light of a depreciating rupee against the dollarand a bid to turn around declining investorsentiment. The 26 per cent FDI cap on defencemanufacturing would now be under the automaticroute and beyond 26 per cent the CabinetCommittee on Security (CCS) will take a decisionon a case-to-case basis. Addressing concerns,especially of the foreign investors in the insurancesector, the government hiked the 26 per cent FDIlimit to 49 per cent under the automatic approvalroute. Similarly, for basic and cellular services inthe telecom sector, the government hiked thelimit under the automatic route to 49 per cent and49 to 100 per cent under the FIPB route. Inpetroleum and natural gas, refining, the cap hasgone up to 49 per cent under the automatic route.
