PRASHANT MAVANI. MSc. in Management, University of Surrey (UK) Senior Faculty: StudyIQ

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4 . P R O F I L E PRASHANT MAVANI MSc. in Management, University of Surrey (UK) Senior Faculty: StudyIQ Download PDF notes of this lecture from my FB Page

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6 Back to the court Rajya Sabha Chairman rejecting the notice given by 64 Opposition members for the impeachment of the Chief Justice of India Focus has shifted to the presiding officer s power to admit or reject a motion. Judges (Inquiry) Act, 1968 Section 3 presiding officer may admit or refuse to admit the motion after holding consultations with such persons as he thinks fit, and considering the material before him.

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9 Can he (presiding officer) reject the motion on merits without sending the charges to a committee for investigation? Legal foundation: M. Krishna Swami v. Union of India (1992) Mehar Singh Saini (2010) Whether the Vice-President can himself examine the merits of the impeachment motion in itself is debatable as this is the job reserved for the inquiry committee under the Judges (Inquiry) Act, The matter may soon be in the Supreme Court.

10 As a repository of constitutional trust, the Chief Justice is an institution in himself, said Justice D.Y. Chandrachud, who authored the 16-page April 11 order. Thus we are told not to question the CJI s decisions. But then by the same logic, is Rashtrapati Bhavan not an institution? Is the Prime Minister s Office not an important institution of our democracy? Is Parliament not the most important institution? If the answer to these questions is in the positive, then how come decisions by these high constitutional functionaries are routinely struck down by the judges of High Courts and Supreme Court?

11 Judges too are humans like us and thus are fallible. Naresh S. Mirajkar (1967), the apex court itself made a distinction between judicial and administrative powers of the court. Thus when the CJI acts in his administrative capacity, his actions are certainly subject to fundamental rights, including the right to equality. Right to equality includes right against arbitrariness.

12 The Supreme Court Rules, 2013, framed under Article 145 of the Constitution, do state that CJI is master of rolls. But since constitution of Benches is an administrative function, this function cannot be exercised at the CJI s whims and wishes. In Prem Chand Garg (1962), the apex court held that rules made by the court violative of fundamental rights may be struck down as ultra vires of the Constitution. Certainly, all judges are equal and seniority has no bearing on the constitution of Benches. But then equality also means that senior judges be treated equally with junior judges.

13 Nabbing absconders Fugitive Economic Offenders Ordinance, 2018 Fugitive: someone who has left India to avoid criminal prosecution or who is already overseas and refuses to return to face the law D50 crore or more: passport details Mr. Mallya & Lalit Modi are in Britain

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15 Delay because: India is yet to pass a model law mooted by the UN for cross-border insolvency cases. Coherent vision about its plans to bring back those fugitives who have already got away and plug the remaining loopholes in the system.

16 The dragon beckons again Modi goes to China on April 27 The face-off between the U.S. (and its allies) and Russia is arguably worse than during the Cold War. Miscalculation or brinkmanship might spark off a direct conflict at a local level CAATSA (Countering America s Adversaries Through Sanctions Act)

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18 CAATSA : can impose sanctions on any company which engages with Russia in the defence or energy sector. American sanctions on major Russian multinationals larger body of shareholders within and outside Russia U.S. has donned kid gloves in dealing with China Trade issues: imbalances

19 India is being asked to address its trade surplus of about $25 billion with the U.S. China-USA: $375 billion in favor of China Trump: reduce it by $100 billion America s decision to withdraw from the Trans-Pacific Partnership (TPP), a free trade grouping excluding China, effectively benefited China.

20 India itself, running a trade deficit of over $50 billion with China, is in difficult negotiations on the Regional Comprehensive Economic Partnership (RCEP), a free trade grouping that includes China, ASEAN (Association of Southeast Asian Nations), Japan, Korea, Australia and New Zealand. The unpredictability of U.S. foreign policy is driving even its closest allies to hedge their options. Japan + China

21 U.S.-Russia acrimony has complicated things for India U.S. sanctions under CAATSA Russia s intensifying defence cooperation with China Afghanistan Pakistan strengthening Russia-China axis India should stand firm on its core interests, political, economic or strategic. Countries do not publicly admit adverse asymmetries in relations

22 Urdu and patriotism Inquilab zindabad or long live the revolution, coined by Urdu poet and freedom fighter Hasrat Mohani in 1921 The language that gave the country the most popular slogan of the independence movement and produced unmatched patriotic verses during the freedom struggle suffered the most from Partition. Subhas Chandra Bose chose three Urdu words as the motto for his Indian National Army: ittehad, itmad, qurbani, or unity, confidence, sacrifice. Poet-philosopher Muhammad Iqbal s Ode to India, Saare jahan se accha, Hindostan hamara

23 Mazhab nahi sikhata, apas mein bair rakhna; Hindi hain hum watan hai Hindostan hamara, or Religion does not teach us to bear malice towards one another; We are all Indians and India is our homeland. Ramprasad Bismil s Sarfaroshi ki tamanna ab hamare dil mein hai Iqbal argues that Indians must shed their differences and build a temple dedicated to India rather than to a particular deity.

24 Important News National Panchayati Raj Day Prime Minister Narendra Modi has said, the government is continuously working for the development of villages. He Modi emphasized on the honest implementation of government schemes to ensure benefits reach villagers in time. He urged the representatives to focus on Jan Dhan, Van Dhan and Gobar Dhan schemes and asserted, India will transform when the villages are transformed. Mr Modi launched the Rashtriya Gram Swaraj Abhiyan. The scheme focuses on training, building infrastructure and stepping up initiatives for e-governance under the e-panchayat Mission Mode Project.

25 Decision to reject impeachment motion against CJI came after due diligence Rajya Sabha Chairman Venkaiah Naidu has asserted that his decision to reject impeachment notice against Chief Justice of India Dipak Misra was in strict conformity with the provisions of Constitution and Judges Inquiry Act. Mr Naidu said, the decision to reject the notice was timely and not a hasty one and it came after over a month of due diligence. CJI is the highest judicial functionary of the country and any issue in public domain concerning him requires to be resolved at the earliest following prescribed procedures so as to prevent the atmosphere from being further vitiated.

26 No formalities: Xi, Modi to meet without aides Formalities and protocol will be set aside as Prime Minister Narendra Modi and Chinese President Xi Jinping sit down for talks in Wuhan on Friday. According to sources, the leaders will meet with interpreters, but without note-takers or accompanying officials. There is no listed agenda, or even a joint statement envisaged at the end of the two-day meet. The objective of this informal meeting was not to come out with an agreed set of documents, but to have communication at the highest level and gain perspective that each has of the other in terms of domestic and foreign policy and how to remove misconceptions and misunderstandings that might arise

27 Make sons responsible, says Modi Death by hanging not barbaric: govt. Western Ghats reveal world s smallest land fern Indian researchers have discovered the world s smallest land fern hiding in the Ahwa forests of the Western Ghats in Gujarat s Dang district.

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31 Answers- 1. Manchester of South India is 1. Coimbatore 2. Madurai 3. Bengaluru 4. Chennai 2. Which one of the following oil fields of India is the oldest and still producing oil? 1. Bombay high 2. Digboi 3. Ankleshwar 4. Naharkatiya

32 Questions- 1. The main type of denudation which takes place in a limestone region is by process of 1. Corrasion 2. Attrition 3. Solution 4. Deflation 2. Match the following List I List II (Geological Era) (Geological Period) A. Mesozoic 1. Permian B. Proterozoic 2. Pre-Cambrian C. Cenozoic 3. Triassic D. Palaeozoic 4. Tertiary Codes: A B C D A) B) C) D)

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