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My Notes 11-May-2017 11-05-2017

Dear students

Please follow my notes and my video date 11 may 2017


Article: Triple Talaq and the Indian constitution

Context: constitutional status of personal laws in India.

Notes: Constitutional status of triple talaq and personal laws is pending before the Supreme Court. As per existing position, personal laws do not come under definition of laws under article 13. High court of Bombay in state of Bombay vs Narasimha Appa Malli case held that Art 13 of the constitution subjected only laws and laws in  force to the scrutiny of fundamental rights and personal laws are neither laws for this purpose nor laws in force. There is a unique paradox in india, as personal laws are not codified they do not come under constitutional scrutiny – the supreme law of land.

Muslim personal law also differentiates between Talaq-i-bidat and Talaqahasan. Talaq I bidat has no approval under personal law. Talaq I bidat is instantaneous talaq where it is pronounced successively and talaqahasan and talaq Hasan requires one month long abstinence gap between utterances. There is no evidence to show that talaq-i-bidatconstitutes an integral part of theIslamic faith and, consequently, itdoes not deserve constitutionalprotection.

Historically, Supreme Court of India instead of subjecting religion to external norms, it has attempted to reform religion from with in.

To remember: Talaq-i-bidat, Talaqahasan, art 13, personal laws in India

Carry home points: In india personal laws are not subjected to constitutional scrutiny unless they are codified.


Article: Navigating the new Silk Road

Context: china has recently proposed a four point initiative. Advantages of India joining One belt one road initiative.

Notes: Recently ambassador of china has proposed that revision of  treaty of cooperation, negotiation on Free trade agreement, early harvest on border dispute, integrating Indian act east policy with OBOR as steps forward for cooperation.

In this context, OBOR initiative provides for many advantages to India.

  1. 1.       It helps India to become $10 trillion economy by 2032.
  2. 2.       India can have complementary engagement with OBOR nations with its unique strengths in IT.
  3. 3.       A New cooperation Framework can be created in South Asia.

For this to happen, India shall stop seeing China from security dimension alone.

To remember: act east policy of India.

Carry home points:  India shall work to align act east policy with OBOR of china.



Article: A new day in seoul

Context: new president Moon Jae in took office in South Korea.

Notes: a moderate leader Moon Jae in took office in South Korea. It is expected to give a new direction to the country suffering political crisis and break down. Important tasks before him are

  1. 1.       To constructively work towards decreasing tensions in Korean Peninsula. His offer to engage with china, Japan and North Korea is a welcome step.
  2. 2.       Chinas objections to deployment of THAAD missiles need to be addressed and trade, tourism need to be revived.
  3. 3.       A more transparent and accountable corporate governance shall be put in place. South Koreas conventional chaebol system need to be made accountable.

To remember:  chaebol system, THAAD missiles.

Carry home points: New president of South Korea Moon Jae in has many challenges before him.


Article: Marching away from extreme

Context: French elections and agenda before Mr. Emmanuel Macron.

Notes: there are many tasks carved out for president macron.

  1. 1.       Kick starting French economy.
  2. 2.       To work actively for reorganization of European Union. Already proposals for European federalism, euro budget and greater fiscal and economic integration are on cards. They need to be taken forward.

A major challenge before him is to win parliamentary elections as approval of the legislature is critical to take forward his agenda.

To remember: remember Eurobond, EU, and structure of governance.

Carry home points:


Article: peace in Palestine


Notes:Hamas in its policy document has stated that It is wiling to make some concessions towers Israel. They are

  1. 1.       Recognition of Israel state and it wants a fully sovereign and independent Palestine state with Jerusalem as capital.
  2. 2.       It has recognized boundaries of Palestine as in alignment with 4th of June 1967.




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