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My Notes 28 Oct 2016 28-10-2016

Dear students

Please follow my notes & my video date 28 Oct 2016.

Editorial

Statement – Instead of banning polygyny India shall declare it as illegal for not being in consonance with Koran.

Law to maintain its relevance has to change with time. - just  as change  in  social  reality  is  the  law  of  life,  responsiveness  to  change  in  social  reality  is the  life  of  the  law.”.

 

Religious texts have different interpretations and these texts are based on unique circumstances existing in a particular time period. Polygamy is prescribed by Koran mainly to protect orphans and their mothers from exploitative society. So, polygyny permitted under Koran is just conditional. It provides for necessary protection to women.

If polygyny is made illegal abruptly, it can cause Confusion in relation to the rights of second wife. For example, in Hindu marriage act, bigamy is illegal. An aggrieved woman shall  go to court on the same and only than cognizance of crime is taken. Added to this, Second wife don not have any rights on husbands property.so, It jeopardizes the equality rights guaranteed in the constitution. It may well happen in Muslim community if polygyny iOS declared as illegal.

Supreme Court Judgements

  1. In Shamim Ara case, Supreme Court invalidated instant triple talaq
  2. RameshchandraRampratepjiDaga vs RameshwariRamneshchandraDaga case superme court held that a bigamous marriage can be declared illegal but, second wife shall not be denied right to alimony or maintenance to a spouse who is financially weak.

Maduro faces rough weather – Venezuelan crisis

Venezuela is facing a crisis in its economy reflected in hyper inflation, fiscal deficit etc., it is due to decrease in commodity prices as oil being its major driver of economy. Number of welfare measures, subsidies initiated during high oil prices times are systematically affecting economy now. It has made the president Nicolas Maduro most unpopular and proceedings for his recall are on.

 

Perspective

Ways out of the GST maze

View – GST shall be a uniform, simplified tax structure administered uniformly across the country.

  1. The objective of GST is to achieve One Nation, one tax. In India, existence different indirect taxes, Multiple tax rates made administration of tax structure cumbersome. If multiple tax rates, cess are adopted under GST it will complex the tax structure again.
  2. Centre shall work to gain From improved tax Buoyancy rather than imposing cess. Imposition of cess is an easy way for the centre to fulfill its commitments to the states that are losing under GST. Added to this differentiation of luxury goods from essential goods in the midst of economic diversity in India is a very difficult exercise.
  3. Administration of tax shall also be simple. So, instead of involving both central and state agencies in collection of taxes, the responsibility for the collection of taxes can be given out to state agencies with centre monitoring and supervising the same.

The challenge here is to balance – revenue commitments made to the states, bringing in clean GST and maintaining Fiscal discipline.

 

How to Judge the Judges

View – performance evaluation of Judges will bring in greater accountability in functioning of Judiciary with respect to disposal of cases, Judicial performance etc.

In India no Judicial performance evaluation is totally absent. Annual confidential reports need to be prepared by the senior judges for the Juniors on lower Judiciary. But, this practice is not regular and Uniform across country. For example, In USA Judges performance record is submitted openly for people for retention elections. EU brings in EU Justice score card for its member countries covering various parameters like efficiency of courts in Justice disposal, cost per case etc. India need to adopt its own performance evaluation system for Judges.

Performance evaluation of Judges shall not rise the apprehensions on Independence of Judiciary. So, it shall be devised by the judiciary itself in a transparent manner with involvement of all stakeholders. Recently Madras High court has come up with a qualitative and quantitative performance assessment of its judges this year and is a welcome step.

 

News

  1. Pakistan High commission staffer MehmoodAkhtar expelled for espionage.
  2. India and Bhutan revised trade, transit pact
  3. Yazidi IS survivors MS Nadia Murad and MNS Lamia Haji Bashar won prestigious EU Sakhrov Human rights prize.
  4. Mr Xi Jing ping Chinese premier is anointed as core leader. He is only the second leader after Mao to be given that status.

 

Reports

Name - Living planet report

Issued by – Zoological society of London and World Wildlife fund.

Essence – Global wildlife population have fallen by 58% since 1970.

 

Question of the day

  1. The central theme of one Nation, One tax shall not be deviated for short term convenience. Discuss the challenges for the centre in achieving the same.

 

 

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