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Abhyaas Law Bulletin - August 2013

Abhyaas Law Bulletin - August 2013

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Published by Abhyaas Edu Corp
Abhyaas Law Bulletin - August 2013
Abhyaas Law Bulletin - August 2013

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Published by: Abhyaas Edu Corp on Aug 13, 2013
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The Law Bulletin…
Page 1 www.abhyaas.in 
Abhyaas Law Bulletin …
For the quintessential CLAT aspirant 
, 2013 ALB20130808
DearStudent,Welcome to the August edition of the Abhyaas lawBulletin. The UPA government finally started takingsome major decisions ahead of the general electionsin2014.The Congress Working Committee (CWC), the highestdecision making body of the party finally decided torecommend creation of a separate state of Telanganato the Union Government. There were protests in theSeemandhra region. The Congress has since appointedan internal committee headed by A K Antony to lookinto the apprehensions and grievances of the peoplefrom the Seemandhra region.The Union Government relaxed FDI norms in majorsectors in a bid to attract foreign investment. Itrelaxed norms in sectors like defence, telecom,insurance, commodity exchanges and powerexchanges. There was a nation wide outrage over thesuspension of young IAS officer Durga Shakti Nagpalby the UP Government allegedly for her crackdown onthe sand mafia. The Union Government is mulling tomodify certain rules with respect to civil servicesofficerstransfers and suspensionsafter the incident.
(Rakesh Dubbudu) Index: 
Page 2:
Page 3:
Page 4:
The Scoop Of The Month
Congress declares Telangana will be areality 
Moments after the
allies in the UPACoordination Committee agreed to the division of Andhra Pradesh, the
Working Committeepronounced in a unanimous resolution thatTelanganawould be a reality.Andhra Pradesh will probably be able to celebrate57 years of its existence this November, before thecurtains come down on it. But Andhra PradeshChief Minister Kiran Kumar Reddy did not wait forthe announcement. After making a last ditch effort
as did other central ministers, Congress MPsand other leaders from Seemandhra to persuadethe Congress leadership not to go through with theseparation
he dashed back to Hyderabad todeal withthe politicalfallout.With threats of resignations coming in fromCongress State ministers and MLAs from theSeemandhra region, a grim-faced party generalsecretary in charge of Andhra Pradesh DigvijayaSingh admitted, in response to a question,
issues are agitating the minds of people on bothsides, and it is the responsibility of the Congressgeneral secretary in charge and the Stateleadership to resolve them.
The complicatedprocess that will accompany the creation of whatwill be
29th state, Mr. Singh said, will
four to five
. (Contd
The Law Bulletin…
Page 2 www.abhyaas.in 
, 2013
Centre, he said, will send the CWC resolution to theState assembly for its approval, which would then besent to the Union cabinet that will set up a Group of Ministers to address the issues of Telangana andSeemandhra: these will include the sharing of waters,revenue, land, power. After that, it would come backto the Cabinet, which would ask the Union lawministry to draft a bill that would be sent to theAndhra Assembly for its comments. Then the Unionhome ministry will make the adequate provisions,incorporating the suggestions. Next, the draft bill,approved by the government, will be sent to thePresident, after which Parliament will have to pass thebill in both the houses by a simple majority. It will thenbesent back to the Presidentfor notification.Mr. Singh made it clear that the approval of theAndhra Assembly was not needed for the creation of Telangana. As for the provisions of Article 371 (D), hesaid the Union cabinet would have to examinewhether its provisions would remain relevant after thecreationof Telangana.The 10 districts of Telangana will form the new State,while the remaining Andhra and Rayalaseema regionswill together constitute Seemandhra. Hyderabad willbe the common capital for the two states for 10 years,by which time Seemandhra is expected to build a newcapitallocated withinits geographicalboundaries.For the moment, the proposal to include two districtsof Rayalaseema in Telangana has been put in coldstorage; however, Mr. Singh, when asked a questionon the subject, said that while for the moment the twodistricts would not be part of Telengana, over the nextfew months, those from the State who wanted themto be included could make a suggestion to the Groupof Ministers that will be set up for consideration. Theemphasis in the CWC resolution is that the creation of Telangana has been difficult, but that it comes afteryears of promises made by different leaders of theparty from Union home minister P. Chidambaram tothe late Y.S. Rajasekhara Reddy, as well as its mentionin several party documents. Indeed, the resolutiontakes pains to stress that it is historical reasons ratherthan political expediency that has led the governmenttotake thispainful step.
ays after the Supreme Court ruled that aconvicted elected representative cannot continuein office, an analysis of the affidavits of Membersof Parliament and Members of LegislativeAssemblies, has revealed that over 30 per cent of them have criminalcases registeredagainstthem.According to an analysis done by the Associationfor Democratic Reforms (ADR) and the NationalElection Watch (NEW), 30 per cent of sitting LokSabha MPs and 31 per cent of sitting MLAs havecriminal cases registered against them. To get asense of criminalisation of politics, the ADR andthe NEW analysed the self-sworn affidavits of atotal of 4,807 sitting MPs and MLAs. Theseaffidavits were submitted by the politicians to theElection Commission of India prior to contestingelections.When it comes to party-wise distribution of MPsand MLAs with criminal cases, the Indian NationalCongress, has the lowest percentage (21 per cent)with criminal cases
of its 1,433 electedrepresentatives, 305 are facing such charges. Onthe other hand, the Jharkhand Mukti Morcha, theruling party in Jharkhand, has earned the dubiousdistinction of having the highest percentage of MPs and MLAs
82 per cent
with criminalcases. Sixty-four per cent of MPs and MLAs whohave been elected on RJD ticket have declaredcriminal cases against themselves; whereas in theSamajwadi Party and the Bharatiya Janata Partythe figure is 48 per cent and 31 per centrespectively. Of the 1,017 MPs and MLAs from theBJP,313 have declared criminalcases.Among the States only Manipur has no MLA withdeclaredcriminalcases in its 2012 Assembly.The Jharkhand 2009 Assembly has the highestpercentage of elected representatives (74 percent) who declared criminal cases against them.As many as 55 MLAs in the Jharkhand Assemblyarefacing charges.Among the recent elections that have beenanalysed by ADR and NEW, the Bihar 2010Assembly has 58 per cent MLAs who havedeclared criminal cases against themselves. In theUttar Pradesh 2012 Assembly, there are 47 percent MLAs withcriminal cases.
The Law Bulletin…
Page 3 www.abhyaas.in 
, 2013
ith a view to prevent acid attacks, the SupremeCourt has completely prohibited over-the-counter saleof the chemical unless the seller maintains alog/register recording the address and other details of thebuyer, and the quantum.Giving this interim direction, effective until rules areframed by States and Union Territories, a Bench of Justices R.M. Lodha and Ibrahim Kalifulla, hearing thepetition filed by acid attack victim Laxmi, said alldealers should sell the chemical only after the buyershowed a government-issued photo identity card andspecified the purpose of purchase. The seller shouldsubmit the details of sale to the local police withinthree days of the transaction; no acid should be sold toany person under 18 and all stocks must be declaredwith the local sub-divisional magistrate (SDM) in 15days.
All institutions shall maintain a register of usage of acid and file the same with the local policeand the SDM concerned. Further, the institutionsshould make a person accountable for possession andsafe keeping of acid; acid should be stored under thesupervision of this person and there should becompulsory checking of students/personnel leavingthelaboratorieswhere acid is used.
nordinate delay in execution of a preventivedetention order, either because the offender has beenabsconding or evading arrest or it could not beexecuted due to inaction on the part of authorities,cannot be a valid ground for quashing it, the SupremeCourthas ruled.A Bench of Chief Justice Altamas Kabir (who has sinceretired) and Justices Gyan Sudha Misra and J.Chelameswar, by a majority of 2:1, held that the orderof detention at the pre-execution stage
not fit to bequashed and should not be quashed merely due to along lapse of time.
Writing the main judgment, JusticeGyan Sudha said if it was held that a detention orderwas fit to be quashed merely because the same couldnot be executed for one reason or the other speciallywhen the person concerned was evading it,
lawsof preventive detention would surely be reduced to ahollow piece of legislation which is surely not thepurpose and object of the [Conservation of ForeignExchange and Prevention of Smuggling Activities, orCOFEPOSA]Act.
Supreme Court order on smoking hazardT
he Supreme Court removed all hurdles onimplementation of Point of Sale Rules on tobaccoand tobacco products. As per the rule, each displayboard should contain in an Indian language awarning that
and it should be prominently displayed in aspacemeasuring20 cm by 15 cm.
Four Indian-Americans win awards
Four Indian-American professors are among 13mathematicians, theoretical physicists andtheoretical computer scientists selected for theSimons Investigators awards for their cutting-edgeresearch. Kannan Soundararajan, Rajeev Alur, SalilP. Vadhan and Senthil Todadri will receive$1,00,000 a year for five years for long-termresearch.
FDI cap hiked in key sectorsI
n a bid to boost foreign investment, the UPAgovernment hiked limits and relaxed rules forForeign Direct Investment in key sectors includingdefence, telecom, insurance, commodityexchanges and power exchanges. In telecom, theFDI limit has been increased from 74 per cent to100 per cent under the Foreign InvestmentPromotionBoard (FIPB)route.These major policy decisions
taken at a meetingconvened by Prime Minister Manmohan Singh
are aimed at boosting the flow of foreign funds inthe light of a depreciating rupee against the dollarand a bid to turn around declining investorsentiment. The 26 per cent FDI cap on defencemanufacturing would now be under the automaticroute and beyond 26 per cent the CabinetCommittee on Security (CCS) will take a decisionon a case-to-case basis. Addressing concerns,especially of the foreign investors in the insurancesector, the government hiked the 26 per cent FDIlimit to 49 per cent under the automatic approvalroute. Similarly, for basic and cellular services inthe telecom sector, the government hiked thelimit under the automatic route to 49 per cent and49 to 100 per cent under the FIPB route. Inpetroleum and natural gas, refining, the cap hasgoneup to 49 per cent under the automaticroute.

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