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A bill seeks to make it easier to resolve commercial disputes.
A bill for easier Commercial Disputes Resolution
- The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill of 2018 is pending in Parliament.
- The Bill intends to jump-start India as a sought-out business destination in the world. Its objective is to set India at the top of the ‘Ease of Doing Business’ index of the World Bank.
- It aims to create a conducive regulatory environment for investors to set up and operate businesses.
Particulars of the Bill
- The Bill proposes to lower the specified value of a commercial dispute to ₹3 lakh from the present ₹1 crore so that commercial disputes of a reasonable value can be decided by commercial courts.
- This would bring down the time taken (at present, 1,445 days) in resolving commercial disputes of less value, and further improve India’s ranking in the index.
- The Bill provides for the establishment of commercial courts at the district judge level for the territories over which the respective High Courts have ordinary original civil jurisdiction, as in Chennai, Delhi, Kolkata, Mumbai and Himachal Pradesh.
- The State governments in such territories may by notification specify such pecuniary value of commercial disputes to be adjudicated at the district level.
- In the jurisdiction of High Courts other than those exercising ordinary original jurisdiction, a forum of appeal in commercial disputes decided by commercial courts below the level of district judge is being provided, in the form of Commercial Appellate Courts to be at the district judge level.
Introducing the Pre-Institution Mediation (PIM)
- The introduction of the Pre-Institution Mediation (PIM) process in cases where no urgent or interim relief is contemplated would provide an opportunity to the parties to resolve commercial disputes outside the ambit of the courts through the authorities constituted under the Legal Services Authorities Act, 1987.
- The Bill proposes a new Section, 21A, which enables the Centre to make rules and procedures for PIM.
The U.S. won’t ease the terms of sanctions on Iran, as the goal is regime change in Tehran.
The impact on India will be severe. The price of crude is already close to $80. Energy imports from Iran will become difficult and expensive.
Fuel prices will go up. The Reserve Bank of India might have to increase interest rates to contain inflation and step in to check the fall in the rupee’s value.
All this might have a direct bearing on politics, given the fact that the government was the beneficiary of low crude price for the first four years but may have to face consequences of inflation and attendant factors in its fifth.
Twenty years ago, on May 11, 1998, India took a leap into the unknown world of nuclear weapon powers with the tests at Pokhran. Though the decision was taken after great deliberation and with preparation, how the reaction of the world would affect the future of India was unknown. But today, it is certain that the action was timely and inevitable.
Pokhran-II was the series of five nuclear bomb test explosions conducted by India at the Indian Army‘s Pokhran Test Range in May 1998. It was the second Indian nuclear test; the first test, code-named Smiling Buddha, was conducted in May 1974.
Five nuclear devices were detonated during Operation Shakti. All devices were weapon-grade plutonium and they were:
- Shakti I – A thermonuclear device yielding 45 kt, but designed for up to 200 kt.
- Shakti II – A plutonium implosion design yielding 15 kt and intended as a warhead that could be delivered by bomber or missile. It was an improvement of the device detonated in the 1974 Smiling Buddha (Pokhran-I) test of 1974, developed using simulations on the PARAM supercomputer.
- Shakti III – An experimental linear implosion design that used “non-weapon grade“ plutonium, but which likely omitted the material required for fusion, yielding 0.3 kt.
- Shakti IV- A 0.5 kt experimental device.
- Shakti V – A 0.2 kt experimental device.
Social Justice Ministry invites feedback on panel recommendation.
- The Ministry of Social Justice and Empowerment has invited comments from 22 ministries, commissions, and government think tanks on the recommendations of the National Commission for Denotified Nomadic and Semi Nomadic Tribes (DNT/ NT/ SNT), as part of its move to grant Constitutional protection to these communities under a separate third schedule after Scheduled Castes and Scheduled Tribes.
Why separate schedule?
- A separate schedule would pave the way for bringing them under the cover of reservation in jobs and education and the protection of Prevention of Atrocities Act.
- The Idate Commission has made a total of 20 recommendations which concern the various ministries and departments we have written to this week.
- We have also sent letters to the Chief Secretaries of all States as the state-specific issues faced by these communities may vary.”
- Some of the issues raised by the report with regard to these ministries involve the repealing of the Habitual Offenders Act (which still results in harassment of the community by the police), provision of PDS cards, special housing schemes for the largely landless community, establishment of a separate academy to preserve their art and culture, special education and health schemes.
More about the issue
- The ministry has also written to existing commissions such as National Human Rights Commission and National Commission for Women regarding ethe stablishment of dedicated cells for these communities within these bodies, and to the Census Commissioner regarding “a proper systematic caste-based census in respect of DNT/NT communities” in the 2021 Census.
- The University Grants Commission and the Indian Council of Social Science Research have been asked if they would provide more research fund for studying DNT/NT, while NITI Aayog is being consulted regarding setting up a Working Group for framing Vision 2030 for development of these communities as per the Sustainable Development Goals.
- In addition to the steps required to be taken by others, the Ministry of Social Justice and Empowerment would have to implement some of the major recommendations, including establishing a Permanent DNT/ NT/ SNT Commission, reclassifying those that have been wrongly put in the SC, ST, OBC categories, and also classifying the 94 DNT, 171 NT, and 2 SNT communities that have not been included under any of the scheduled categories.
Denotified tribes or Vimuktajatis
- Denotified tribes or Vimuktajatis are all those communities notified under the Criminal Tribes Acts enforced during British Rule, whereby entire populations were branded criminals by birth. In 1952, the Act was repealed and the communities were de-notified.
- The Nomadic tribes are the ones who maintain constant geographical mobility, while semi-nomads are those who are on the move but return to a fixed habitation once a year mainly for occupational reasons.
- The latest Idate Commission report has noted that post-independence policies for these communities have been mostly “symbolic reparations”, with post-liberalisation policies alienating them further from their land and occupations.
- Protests by social and students’ organisation greeted the Joint Parliamentary Committee (JPC) on Citizenship (Amendment) Bill of 2016 as it began its two-day hearing in Meghalaya.
- The bill, which the BJP-led NDA government wants to push through, seeks to grant citizenship to minority communities from Afghanistan, Bangladesh and Pakistan who entered India before December 31, 2014 to escape from religious persecution.
- Constitutionally, Meghalaya is a tribal State, and naturalisation of illegal immigrants into full citizens will only result in influx to capture our already-limited social, economic and political spaces.
Not to say that colonialism is a scapegoat for all of India’s contemporary problems. But merely to suggest that there are many explanations for why we are the way we are.
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