Jatin Verma is teaching live on Unacademy Plus
to Page 7 Nation: Remove references to leprosv as disability from law books: SC at thh The Supreme Court asked the Centre and all States to remove references to leprosy as a disability from statute books, saying leprosy is curable and patients should not be victims of social stigma. Chief Justice of India, heading a three-judge Bench, said references to leprosy as a disability in the written laws amounted to "statutory stigma . ." p. "Remove all the observations on leprosy from the laws, only then will there be parity," the Chief re he Justice said. Additional Solicitor General for the Centre, said the government was taking steps to delete the erring provisions from the enactments. e ar k h ent State laws in practice since the 19s50s, which discriminate against leprosy patients, stigmatise and isolate them despite the fact that modern medicine completely cures the disease. Age-old beliefs corrode minds and bring upon untold sufferings into the lives of leprosy patients, the Supreme Court observed. ' ur .The petition has urged the court to intervene and pave the way for recognising the fundamental right to equality, dignity and equal opportunity of persons affected by leprosy. par een
want teo he starting Page 10 News: Speaker must act as 'reasonable man, Power of Chairman/Speaker extends to only verifying if motion is based on 'sufficient material': SC at thh Twenty-six years ago, senior advocate Kapil Sibal accused Rabi Ray, Speaker of the ninth Lok Sabha, of illegally admitting the motion for removal of then Supreme Court sitting judge, Justice V Ramaswami PMr. Sibal had said the admission was the result of non-application of mind to see whether the he material placed on record formed a prima facie case against the judge. Mr. Ray's decision to admit the motion was "bereft of reasons", he argued. .Mr. Sibal's submissions are recorded in the Supreme Court judgment of M. Krishnaswami versus > e ar k h ent Union of India, delivered by a five-judge Bench in August 1992. Mr. Sibal was Justice Ramaswami's counsel Mr. Sibal termed Rajya Sabha Chairman's decision to refuse the notice for removal of Chief Justice of India "illegal" and "unprecedented". The reasons he presents are diametrically opposite to the ones he gave the five-judge Bench in 1992 According to Mr. Sibal, the Vice-President has usurped the functions of the Judge Inquiry Committee. He alleged that VP exceeded his brief by going beyond procedural checks such as "whether the motion is in order or not, whether the signatures are valid and the charges are not frivolous..." tis
want teo he starting Unique situation' .VP's order gives rise to a unique situation in law. Experts are divided on whether the Chairman at thh could have actually refused the removal motion on merits. Experts point out that the problem lies in the fact that Section 3 (1)(b) of the Judges Inquiry Act of 1968 is silent on whether the Chairman or the Speaker can decide on merits. E Sr lawyer, who spearheaded the campaign by advocates against former Sikkim High Court Chief Justice, recalled that then Vice-President Hamid Ansari merely "entertained their petition and forwarded it to the Judge Inquiry Committee . "He [Mr. Ansari] did not pass an order finding the merits or de-merits...," Ms. Vaigai said. Former Chief Justice of India K.G. Balakrishnan, who was the top judge during the removal motion process of Calcutta High Court judge Soumitra Sen, recalled that there was no separate process for admission or rejection of motion at the level of the statutory authority [Rajya Sabha Chairman/Lok Sabha Speaker] ent The answer to the conundrum may be found in the Krishnaswami judgment wherein the Constitution Bench held that though it is the "individual discretion" of the Speaker or the Chairman to admit or refuse a motion, this discretion is expected to be of a "reasonable man" who acts with a "high degree of responsibility'" The court interpreted that the power of the Chairman/Speaker extends to only verifying whether the motion is based on "sufficient material or evidence tis
want teo he starting Page 10 News: Army set to break a glass ceilin . The Army is holding consultations for preparing a plan to grant permanent commission to women at th in its ranks as it becomes the last military arm to give up resistance to women serving until their age of retirement. A senior Army officer said the government had to submit an affidavit on the policy changes within etwo weeks to the Supreme Court, and a final policy would be ready in six months. "The combat arms do not look ready for women for now, but time is not far away when even those will open up to women," Combat arms . The officer said discussions about combat arms were increasingly about the logistics of e ar k h ent accommodating women in the operational areas, and not any more about women's capability to serve on the frontlines. The Centre on told the SC that it was considering granting permanent commission to women officers who are in service now as Short Service Commission (SSC) officers. Those under the SSC get to serve a maximum of 14 years with multiple extensions, and have to leave service without pension in their 30s tis that
want teo he starting The Air Force and the Navy shed their opposition to granting permanent commission to women in 2010. As of now, 350 women serve both the forces as permanent commissioned officers, besides doctors and nurses who have historically served alongside male counterparts. The Army mounted a legal challenge in the Supreme Court after the Delhi High Court in 2010 ordered all the three arms of the military to grant permanent commission to women officers . 2 3 Army sources said the arguments are now boiling down to two kev issues: he The practical challenges in deploying women in active areas such as Kashmir. V The logistics requirements to accommodate them in areas that have been built exclusively for men.
want teo he starting Page 10 News: Death by hanging not barbaric: govt. . Death by hanging is "not barbaric, inhuman and cruel" as an execution by a firing squad or lethal at thh injection is, the Centre told the Supreme Court. The government traced statistics of "botched-up" administration of lethal injections to condemned prisoners in the U.S. to prove its point that this mode of state execution is only "designed to create ean appearance of serenity and painless death". Besides, the lethal chemical, if known to the public, e would possibly be misused Likewise, the government graphically detailed the horrors of death by firing squad. How, if the shots missed the heart, the prisoners slowly bled to death. Besides, it would be very difficult to find * volunteers for the firing squad from the country's civilian police force. e ar k h .The government was responding to a PIL petition filed by advocate Rishi Malhotra challenging the constitutionality of hanging as a mode of execution. Section 354 (5) of the Code of Criminal Procedure mandates that a person sentenced to death shall "be hanged by the neck till he is dead". ur tis that
procedure by which a death sentence is to be executed is dependent upon a variety of factors such as 'O.. economic feasibility, availability of skilled and technical personnel, equipment and resources, rate The Centre said the mode of execution was a "matter of legislative policy". The government said between 2012 and 2015. The Law Commission recommendation to confine the death penalty for of botched executions," the counter-affidavit said. he the death penalty was given only in the rarest of rare cases. There have been only three executions 0 offences of terrorism and war against the country was under examination.
want teo he starting Page 12 World: Iran may quit NPT if Trump scraps deal . A senior Iranian official said on Tuesday that Tehran might quit a treaty designed to stop the spread of nuclear weapons if U.S. President scraps the nuclear accord Iran signed with world powers in 2015. U.S. President has said that unless European allies fix what he has called "terrible flaws" in the accord by May 12, he will restore U.S. economic sanctions on Iran, which would be a severe blow to the r pact. h . In a news conference broadcast on state television, the secretary of Iran's Supreme National Security la Council, Ali Shamkhani, said the Atomic Energy Organisation of Iran was ready for some "surprising actions" if the nuclear deal was scrapped. Answering a question about the possibility of Tehran withdrawing from the Nuclear Non-Proliferation Treaty (NPT), Mr. Shamkhani said: "This is one of three options that we are considering.'" Iran has been a non-nuclear-weapon state party to the NPT since 1970. Iranian President also warned U.S. President to stay in the nuclear deal or face "severe Consequences Iran has said it will ramp up its nuclear programme if the deal collapses. . In a UN non-proliferation conference in Geneva, Russia and China submitted a draft statement expressing "unwavering support" for the Iran nuclear accord and said they hoped it would receive a broad backing
want teo he starting Page 12 World: Cambridge Analytica is no bond villain: spokesperson The work carried out by SCL Elections in India would be considered by an independent at thh investigation looking into work conducted by the group across the world, Cambridge Analytica said i at a press conference as it sought to counter what it described as "unfounded" and "pernicious" allegations and a "torrent of ill-informed and inaccurate speculation" about its gathering of data and p role in elections. he"Cambridge Analytica is no bond villain," insisted the company's new spokesperson Clarence Mitchell Wylie's testimon e ar Last month, giving evidence to a parliamentary committee, former employee Christopher Wylie had , said that the group had worked for the Congress Party, and subsequently made public some of the work carried out by the group's SCL Elections, including caste-based research for State elections. ent "Cambridge Analytica was focussed on the U.S. market- purely handling the U.S. matters. SCL u Elections is the global arm that handles other areas. All of these national issues and national associations are part and parcel of the independent investigation," Mr. Mitchell told the press conference on Tuesday tis
want teo he starting He added that "rest assured India, Kenya, Nigeria- all of the other countries that SCL has been at thh working in the past historically... will all be investigated and reported on as part of the independent investigation" CA sought to challenge three allegations against it. The first allegation was that it had continued to hold data from Global Science Research the commercial entity set up by researcher Aleksandr PKogan, who developed the app at the centre of the controversy. he Countering allegations re The second was that it had used this data on the Donald Trump campaign, and the third that it had worked for one of the groups campaigning to leave the EU in 2016. The company had taken assurance given by Mr. Kogan in "good faith", Mr. Mitchell said, and had "cooperated fully" since being contacted by Facebook, and did not share GSR data with any other party. The data had proved "ineffectual" and was "virtually useless", he insisted e ar k h ent tis that
want teo he starting Violence in jail . While figures suggested that the overcrowding was to a far lesser degree than suggested by the at thh defence - particularly after the expansion of Delhi's jail network from nine to 16violence was limited to "occasional outbursts", he said prison conditions. The decision to not allow the assurance as it came three weeks late, was a The defence had done little to "rebut the underlying assumption of good faith" and the assurances He also questioned the decision to exclude a second assurance sought by the court from India on he"breach of case management", he said. around the amount of personal space, security and medical care that would be provided to Mr. Chawla at Tihar, he said. He also sought to highlight evidence of improving conditions. "This is not an administration that is blind or deliberately closing its eyes." However, defence barrister Helen Malcolm sought to challenge the picture of Tihar and the Indian jail system more widely. She pointed to a number of incidents since the previous ruling, including u incidents in which prisoners were alleged to have been beaten up by authorities, and two deaths in custody this year India's tendency to dismiss accusations of poor prison conditions or mistreatment as "maligned or trumped up" gave her "no confidence" whatsoever, she said ent stay tis
want teo he starting Page 13 Business: Predatory pricing rule stayed at thh Bharti, Idea get relief as TDSAT stays TRAI's norm on tariffs The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has ordered an interim stay on some clauses of TRAI's recent regulation for tariff principles on predatory pricing. . In a relief to older operators -Bharti Airtel, Idea Cellular and Vodafonethe TDSAT on e Tuesday stayed the new definition of Significant Market Player (SMP), while directing that no penalty be levied on telecom operators for not complying with the new norms for tariff reporting. ."The clauses in the impugned order related to the reporting requirement and definition of SMP are stayed," the TDSAT said in its order. "This interim arrangement shall continue until further orders in this regard," it added. e ar k h ent Details may be sought' The tribunal added that while the regulator was entitled to ask for details of segmented discounts or concessions offered to subscribers for analysis, "no penalty shall be imposed on that basis till further orders are given in the ongoing appeals" by Bharti Airtel and Idea Cellular. In its tariff order issued in February and intended to ensure transparency, non-discrimination and non-predation, the Telecom Regulatory Authority of India had said the definition of SMP for the purpose of predatory pricing would be based on just the subscriber base and gross revenue and not subscriber base, turnover, switching capacity and volume of traffic, as determined earlier . tis
want to be startine a .As per the SEBI list, some defaulters have avoided payment of penalty for almost two decades. While the oldest case goes back to December 1998, four more cases have been pending since 2000. While the regulator did not earlier have any direct powers to initiate recovery proceedings against defaulters, the government gave the watchdog powers in 2013 to attach assets of such entities and go ahead with recovery proceedings. . . "SEBI now has powers to recover penalties by attaching and selling assets of defaulters," said ."Earlier, there were no such powers and SEBI could only go to the courts for prosecution or pass .There was no direct recovery mechanism. But now, SEBI has dedicated recovery officers as wel h managing partner, Alliance Law. further orders for non-compliance he added. at that
want teo he starting LT Page 13 Business: Oil tops $75 as sanctions on Iran loom at thh Oil climbed above $75 a barrel on Tuesday to its highest level since November 2014 before paring some gains, supported by OPEC-led production cuts, strong demand and the prospect of renewed U.S. sanctions on Iran Brent crude rose to its highest since OPEC on November 27, 2014, turned its back on curbing output to support prices, a move that triggered a battle for market share and helped deepen a collapse to $27 in early 2016. "Prices are being driven up by tight supply due to high production outages in Venezuela plus the cuts implemented by OPEC and Russia," said analyst at Commerzbank. he e ar k h ent tis that en thec
want teo he starting Page 13 Business: Regulation of e-commerce necessarv to protect consumers, spur growth: Prabhu *The government can regulate the e-commerce industry in a manner that safeguards the interests of at thh the consumer and at the same time help the industry grow, said Commerce Minister. "The industry has grown so far even without government support," Mr. Prabhu said while addressing the meeting of the e-commerce think tank set up by the government. The question is how can we make the sector, which is a B2C sector, grow keeping in mind the larger interest of the consumers. So, regulation is something which the government can do, but it must be such that it actually helps industry to grow." re e ar He added that the government is expecting strong growth in the domestic e-commerce market and is ent preparing accordingly. "India is poised to be a $5 trillion economy in 7-8 years, maybe even less than seven years," the Minister added. . "Today, services are almost two-third of the economy, and we feel very strongly that services ll continue to be a growth engine of the economy. Now, the great dominant sector in services is the IT sector." He added that due to the influence of the IT sector, there were increases in the productivity and efficiency of a number of other sectors . tis
Page 13 Business: Regulation of e-commerce necessarv to protect consumers, spur growth: Prabhu contd. Digital vs paper Almost 70% of railway tickets were booked online, when I was Railway Minister," he said. "We found out through a survey that people want those digital services more than paper-based services. re So, how can we make e-commerce grow even more?" The Minister added that the government he would consult all stakeholders, including consumers, before coming out with any policy to do with e-commerce "The regulations must not interfere with the functioning of the industry," Mr. Prabhu said. "And it must be robust and flexible and forward-looking and must follow technology."