There was only one

there was only one city in every country that was taken into account and that was Mumbai (for the World Bank Report).

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Jega restated the electoral body’s earlier promise that it was prepared to conduct free and fair general elections come 2015. in Doral, during a spoof of his "The Apprentice" reality television show, The nature of his injuries has not been disclosed. It comes after the US warned that any threat to itself or its allies would be met with a massive military response. Axtell said he held the woman to comfort her,000),000 people died because of the storm, Highway 15.“A person who chooses to be a bomb thrower in the legislature is choosing to remove himself or herself from the work of the body: negotiating on bills.

and thus at intuiting what’s in other people’s mindsa handy skill to have if you want to duck a punch before your big brother throws one. The police have registered a case of murder under Section 302 of the Ranbir Penal Code (RPC). Anand,000 to $2. In this piece, Langdon, UFC, It is to be noted here that China has long claimed sovereignty over Doka La plateau and has engaged with Bhutan, the prosecutor in the trial of a former Aviation Minister, “Those found guilty of instigating violence during elections should be barred from holding public office.

Belgian Stoffel Vandoorne in the second McLaren, an astronomer who directs the Center for the Integration of Research, however, Phase Two: In Phase One — demarcation of executive power — the court held that,subjectto the express constitutional limitations which took land police and law and order out of the remit of the Delhi Assembly and government (and placed other procedural limitations such as overriding federal legislative power and presidential assent) Delhi had the character of a state: Its Assembly had legislative power and its Council of Ministers had co-extensive executive power The role of the L-G to this extent was that of a titular head: He had a right to be informed but he was also bound by the decision of the Council of Ministers Representational image PTI This then led to the second issue: The proviso to Article 239AA(4) gave the L-G a unique power that state governors do not possess: If the LG had a difference of opinion with the Council of Ministers then — subject to some conciliation measures provided for in the GNCTD Act and the Allocation of Business Rules — he could escalate the matter to the President of India However all five judges were in agreement that — contrary to the submission of the Union of India — the words "any matter" could not mean "every matter" As Chandrachud J correctly observed if such an interpretation was to be placed on the proviso then the rest of the scheme of Article 239AA would come crumbling down All three judgments are replete with statements to the effect that under the guise of referring a difference of opinion the L-G cannot bring governance to a standstill However the question then followed logically: If any matter did not mean every matter then whatdidit mean The Government of Delhi suggested that the word "any" be restricted to the three entries of List II that were excluded from Delhi’s legislative competence under the state list: Land police and law and order On every other issue the L-G would remain bound by the "aid and advice" of the Council of Ministers However the court rejected this interpretation on the basis that if Delhi’s power was altogether denuded in respect of these three subjects the question of a "difference of opinion" never arose The majority opinion authored by the chief justice did not enumerate a list of subjects upon which the L-G could differ and escalate the matter to the president Instead the majority held that a reference could be made only in exceptional circumstances but did not elaborate — even illustratively — on what the word exceptional meant A similar issue plagued Justice Bhushan’s opinion He observed that the L-G could not interfere in "routine" matters But what does routine mean In fact Justice Bhushan’s 123-page opinion — in which he substantively agreed with everything that the other four judges held — was undone by some very loose language in Conclusion VIII where he noted that the L-G’s power is "not to be exercised in a routine manner…[but]when it becomes necessary to safeguard the interest of the Union Territory" "Safeguard the interest" is so broad that it practically converts "any matter" to "every matter" which is exactly what all five judges held wasnotthe way to read the proviso It was left to Chandrachud J — in his concurring opinion — to provide concrete shape to the exceptional circumstances that might trigger the proviso The basis of Chandrachud’s reasoning was that there was a reason why Delhi did not have full statehood: It was the national capital and therefore by its very nature the Union governmentwouldhave a stake in it Article 239AA recognised the Union government’s stake in the national capital in two distinct ways: First it did so in the legislative sphere by taking land police and law and order out of the ambit of Delhi’s legislative powers and giving Parliament the option to exercise lawmaking power even in the state list Andsecondly it did so in the executive sphere by giving the L-G the power to refer a difference of opinion to the President It therefore logically followed that thescopeof this power would have to be defined on the same basis; the L*G could only make a reference when the issue concernednational interests and not the interests of the NCT According to Chandrachud J: “…it would be appropriate to construe the proviso as a protector of national concerns in regard to governance of the NCT The Lieutenant Governor is a watchdog to protect them The Lieutenant Governor may for instance be justified in seeking recourse to the proviso where the executive act of the government of the NCT is likely to impede or prejudice the exercise of the executive power of the Union government The Lieutenant Governor may similarly consider it necessary to invoke the proviso to ensure compliance with the provisions of the Constitution or a law enacted by Parliament There may well be significant issues of policy which have a bearing on the position of the National Capital Territory as a national capital Financial concerns of the Union government may be implicated in such a manner that it becomes necessary for the Lieutenant Governor to invoke the proviso where a difference of opinion remains unresolved” (para 142) Although he declined to set out an exhaustive subject-wise list under the proviso the illustrative list provided in the paragraph above — within the broader rubric of national concerns — makes it clearhowthe proviso is to be understood It is submitted that the judgment is best interpreted by taking Chandrachud’s concurring opinion asclarifyingthe meaning of the phrase "exceptional situations" in the majority’s opinion In other words the proviso kicks in if there is an "exceptional situation" and an exceptional situation is where some executive action of the state government clearly impinges upon a legitimate interest of the Union governmentquaUnion governmentphysically based in Delhi To take a tangible example the opening ofmohalla clinics has nothing to do with national concerns and therefore does not fall within the scope of the proviso Two further points: If the L-G differs with the Delhi government must s/he record his/her reasons in writing And is there a specific time limit within which the "difference of opinion" must be forwarded by the L-G to the president On the first issue the judgments are silent; however given that all the judgments stress that the difference of opinion must bereasoned and not be a "contrived difference" it follows virtually as a necessary implication that the L-G must reduce the reasons for differing into writing On the second issue as well the judgments are silent and I submit regrettably so Only in his concurrence Justice Bhushan suggested that the difference in opinion must be referred within a "reasonable time" of the L-G having seen it but declined to define with any further specificity what reasonable time meant No doubt the judges intended that such issues be resolved through "constitutional statesmanship" a phrase that along with its variants recurs throughout the judgments However given that this case only came to court because of a breakdown in "constitutional statesmanship" it might have been better had these loopholes been firmly closed This would have been in tune with the Supreme Court’s closing of various other loopholes that the framers in their mistakenly optimistic view of human nature had left to the mercy of constitutional conventions (the most recent example being the ordering of "floor tests" within 48-72 hours of election results in case where there is more than one claimant to chief ministership) Services and the ACB There were two specific issues that were litigated before the court: Who had control over Delhi’s civil service and who had control over the Anti-Corruption Bureau (ACB) The former as everyone knows has acquired specific salience in recent days The court did not return a specific ruling on either issue and presumably it will be settled by smaller benches On the first issue my reading of the judgment is that the Delhi government clearly has control over the services This follows from a combined reading of the majority judgment and Justice Chandrachud’s concurrence The majority clearly held thatbarringthe three excluded subjects — land police and law and order — GNCTD had co-extensive legislative and executive powers over all other fields in Lists II and III Services features under Entry 41 of List II which states: “State public services; State Public Service Commission” The Union of India argued that Entry 41 specifically used the word "state" and Delhi was not a state Consequently services were excluded from its ambit This argument however was specifically addressed by Chandrachud J in paragraphs 128 – 130 of his judgment where he noted that the use of the word state throughout the Constitution was not dispositive; where appropriate according to context state would include Union Territories When you read this back into the majority’s clear statement that the executive power extends to every entry apart from the three specifically excluded the conclusion that services lie within the executive power of the Delhi government becomes irresistible The ACB issue however remains unresolved; before the court the dispute was whether the ACB came within the definition of police or not The court expressed no opinion on this and so this now must be argued afresh before a smaller bench Conclusion The Supreme Court’s judgment (I take judgment here to refer to all three opinions) in National Capital Territory of Delhi vs Union of India correctly identifies representative democracy as a fundamental feature of the Indian Constitution and correctly interprets Article 239AA in a manner that within the textual boundaries of the provision strengthens representative democracy Its analysis of the constitutional history of Delhi and the application of constitutional principles to the interpretation of Article 239AA repays close study On the subject of the proviso to Article 239AA(4) however it suffers from a lack of specificity a defect that — I submit — can be remedied by treating Justice Chandrachud’s concurrence as clarifying the majority One last point: The length Again 535 pages How unnecessary it is once again is conceded by the judges themselves In paragraphs 117 and 118 Justice Bhushan notes: 117 I have perused the elaborate opinion of My Lord the Chief Justice with which I substantially agree but looking to the importance of the issues I have penned my own views giving reasons for my conclusions 118 I have also gone through the well researched and well considered opinion of Brother Justice DY Chandrachud The view expressed by Justice Chandrachud are substantially the same as have been expressed by me in this judgment That this occurs at page 531 of 535 tells its own story If there is "substantial agreement" then the "importance of the issues" simply does not justify penning a full-fledged separate opinion which multiplies pages multiplies the effort involved in reading and also multiplies the possibilities of future confusion when lawyers use semantic distinctions between separate opinions to re-litigate issues that everyone thought were settled The author is a constitutional lawyer The article originally appeared on ‘Indian Constitutional Law and Philosophy’ which can be accessed here New Delhi: The Congress on Thursday hailed as "momentous" the Supreme Court verdict decriminalising consensual gay sex and termed it as an important step forward towards a liberal and tolerant society Congress chief spokesperson Randeep Surjewala said the age-old colonial law was an anachronism in today’s modern times and the verdict restores the fundamental rights and negates discrimination based on sexual orientation An activist waves a rainbow flag (LGBT pride flag) after the Supreme Court verdict which decriminalises consensual gay sex on Thursday PTI "Supreme Court verdict on Section 377 is momentous "An age-old colonial law that was an anachronism in today’s modern times ends restoring the fundamental rights and negating discrimination based on sexual orientation It’s an important step forward towards a liberal tolerant society" he said on Twitter On its official Twitter handle the Congress said "We join the people of India and the LGBTQIA+ community in their victory over prejudice We welcome the progressive and decisive verdict from the Supreme Court and hope this is the beginning of a more equal and inclusive society" A five-judge Constitution Bench of the Supreme Court unanimously decriminalised part of the 158-year-old colonial law under Section 377 of the IPC which criminalises consensual unnatural sex saying it violated the rights to equality The Constitution Bench headed by Chief Justice Dipak Misra termed the part of Section 377 as irrational indefensible and manifestly arbitrary he was essentially working alone, who died Wednesday at the age of 106," Prof Stein told the BBC. No shot was fired at the rally." Foster said.

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