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My Notes 24-AUG-2017 24-08-2017

Dear Students,

Please follow My Notes and My Video 24-AUG-2017.

https://laex.in/civilsprep/upsc-ias-the-hindu-and-indian-express-current-affairs-24-august-2017-2/

 

News

SC liquor sale ban does not extend to Municipal areas

Supreme Court of India has clarified that, its judgement to ban liquor sale with in the radius of 500metres from National and state highways do not apply to municipal areas.

 

OBC list to be sub Categorized. –

  1. Government of India is about to set up a commission to examine the issue of sub categorization of the other backward classes for central OBC list.
  2. Creamy layer cap is also raised to 8 lakh rupees from the existing 6 lakh rupees.

 

Editorial

Two cheers for the Supreme Court

Supreme Court of India though declared triple talaq as unconstitutional it failed to see bigger questions pertaining to constitution. These are

  1. Role of religion vis a vis Individual is concerned
  2. Personal laws and their constitutionality

According to Dr BR Ambedkar, individual is the unit of our constitution. In such a case, religious customs and procedures are not expected to overtake Individual and his choices. He further clarified that definition of religion shall not extend beyond beliefs and rituals. Laws relating to tenancy, succession need not be governed by religion.

Laws of democratic republic are guided by consent. But religious noms and personal norms are not. People have no say norms prescribed by scriptures and are bound to follow the same. So, definition of religion and role of personal laws need to be limited and shall be subjected to constitution.

Another aspect is codified personal laws by the state shall adhere to constitution. The Same do not apply to uncodified religious practices that have a sanctity of law. Uncodified personal law is exempt from constitutional scrutiny.  It is creating islands of personal law free from constitutional norms of equality, Non discrimination and liberty.

 

  1. The present judgment have declared triple talaq as unconstitutional for the reason that Muslim personal law is codified. It shall be bound by constitutional values.
  2. Talaq – e-bidaat allowed unchecked power to Muslim husbands to divorce their wives, with out any scope for reconciliation.
  3. Talaq-e-bidaat found no mention in Koran Answer was no part of Muslim personal law.

 

A BIT critique

The Sri krishna committee recommended for creation of inter ministerial committee for management of BT disputes along with an international law advisor to advise the Government on BIT disputes. As of now, already legal and treaties division exists in ministry of external Affairs. Creation of another body for the same will duplicate work.

Added to this there are many weakness in Indian BIT system

  1. As per model BIT of India foreign investors shall litigate in Indian courts atleast for a period of five years.
  2. There are many other jurisdictional limitations

These will make BIT regime more pro state than pro investor.

 

 

 

 

 

 

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