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Be Happy, Share & Help Each Other!!! Delhi Edition of The Hindu
No, no, no: SC on instant triple talaq Historic 3:2 majority judgment, delivered on Tuesday by a multi-faith Constitution Bench, set aside instant talaq as a manifestly arbitrary practice not protected by Article 25 (freedom of religion) of Constitution.
A BIT of critique Recent report of the JusticeB.N. Srikrishna committee, constituted to prepare a road map to make India a hub of international arbitration. Recommended many changes in Indian arbitration law and institutional mechanisms to promote arbitration in India. India is currently battling 20-odd BIT disputes. Recommendations are largely on the issue of managing and resolving BIT disputes. Dispute management For better management of BIT disputes, the committee recommends the creation of an inter-ministerial committee (IMC), with officials from the 1)-Ministries of Finance, 2)-External Affairs and 3)-Law.
Continue It also recommends 1)-Hiring external lawyers having expertise in BITs to boost the government s legal expertise; 2)-Creating a fund to fight BIT disputes; 3)-Appointing counsels qualified in BITs to defend India against BIT claims; and 4)-Boosting the capacity of Central and State governments to better understand the implications of their policy decisions on India s BIT obligations. Most significant recommendation is the creation of the post of an international law adviser (ILA) to advise the government on international legal disputes->who will be responsible for the day-to-day management of a BIT arbitration. However, this recommendation will amount to duplicating the existing arrangement.
Continue Dispute resolution Mentioning the possibility of establishing a BIT appellate(अप ल य) mechanism and a multilateral investment court. However, its conclusion that the investor-state dispute settlement (ISDS) mechanism, Given in Article 15 of the Indian Model BIT, Provides an effective mechanism for settling BIT disputes between an investor and State is problematic for the following reasons.
Continue The report is silent on all these critical issues. 1)-Article 15 requires foreign investors to litigate in domestic courts at least for a period of five years->such strict limitation periods dilute the effectiveness of ISDS mechanism. 2)- There are many other jurisdictional limitations given in Article 13 that also limit the usefulness of ISDS. 3)- ISDS mechanism in the Indian Model BIT extends from Articles 13 to 30 covering issues such as appointment of arbitrators, transparency provisions, enforcement of awards, standard of review, which have a bearing(असर) on the efficiency of the ISDS mechanism.
Conclusion A wish list-> BIT arbitration has three aspects: 1)-Jurisdictional(क ष त र ध क र) (such as definition of investment), 2)-Substantive (such as provision on expropriation(ज ब त)) and 3)- Procedural (ISDS mechanism). Focus only-> narrowed it down to just the procedural aspect. Committee s explanation that since issues like expropriation require greater debate, it decided not to make any recommendations on these issues is weak. Despite making some useful suggestions, the committee has squandered(ग व ) a great opportunity to comprehensively push for the recalibration of the Indian BIT regime, Which has oscillated from being pro-investor to being pro-state.
T B Macaulay English Education Act was a legislative Act of the Council of India in 1835 giving effect to a decision in 1835 by Lord William Bentinck, the then Governor-General of British India. They were to support establishments teaching a Western curriculum with English as the language of instruction Need to produce - by English-language higher education -" a class of persons, Indian in blood and colour, but English in taste. Western learning was superior, and currently could only be taught through the medium of English. Recommendations were the immediate stopping of the printing by the East India Company of Arabic and Sanskrit books and that the Company should not continue to support traditional education beyond "the Sanscrit College at Benares and the Mahometan College at Delhi"
Understanding work Global Commission on the Future of Work, established on Monday, has a critical role in addressing the decent jobs deficit that affects the lives of roughly three billion working people. Body, which includes two representatives from India, is to present a report at the 2019 commemoration of the centenary of the International Labour Organisation (ILO). Industrial robots, at an annual rate of 9% since 2011, making the upgradation of human skills imperative upon corporations and governments alike. In the manufacturing sector, where two-thirds of them are concentrated, the robot density one machine deployed per 1,000 employees, in 2015
Continue In 2016, less than half of all women in the working age bracket were engaged in the labour market, compared to over 75% among men. 50% since 1990 and the rise of xenophobia in many parts of the world 50% of the global labour force from the formal sector of employment, with all-round insecurity
News Analysis Page-1- SC: liquor sale ban does not extend to municipal areas Clarifies order on 500-metre limit along National and State Highways The court explained that the December 15, 2016 ban on liquor sale only extends along and in proximity to highways which provide connectivity between cities, towns and villages
Continue Page-1- Suresh Prabhu o ers to quit, but Modi says wait Railway Minister Suresh Prabhu offered his resignation on Wednesday owning full moral responsibility for recent train accidents, even as Air India Chairman and Managing Director (CMD) Ashwani Lohani became the new Railway Board Chairman in place of A.K. Mital.
Continue Page-1- OBC list to be sub-categorised Union Cabinet approves proposal to set up commission to examine the issue In a move that could have a far-reaching political and social impact, the Union Cabinet on Wednesday approved a proposal to set up a commission which will examine the issue of subcategorisation of the Other Backward Classes (OBC). The committee has a three-point mandate. One, it has to examine the extent of inequitable distribution of benefits of reservation among various castes and communities that come under the Central OBC list. The committee also has to work out the mechanism, criteria and parameters for the actual sub-categorisation. The actual reservation will continue to be 27% and within this the committee will have to do the re-arranging. Creamy layer cap raised-?
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Continue Page-13- New mechanism to spur(प र रण ) PSB mergers Cabinet gives in-principle approval for oversight bod
Continue Page-14- ITI targets 7,000-crore Army project Deal involves providing and maintaining communication equipment, network over a 13-year period State-owned ITI is hoping to secure a 7,000-crore contract from the Indian army for providing and maintaining its strategic communications network over a 13-year period, according to a top official.
Last Day- Q s- Ans Forward Bloc established -> Subhash Chandra Bose ->1939. Right to Freedom of Religion - Article 25 to 28 Article 25 - Freedom of conscience and free profession, practice and propagation of Religion. Article 26 - Freedom to manage religious affairs. Article 27 - Freedom as to payment of taxes for promotion of any particular Religion. Article 28 - Freedom as to attendance at religious instructions and religious worship in certain education institutions. Uniform Civil Code -> Article 44 in Directive Principle of States Policy
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