-The Times of India NEW DELHI: In a surprise move unmindful of the huge controversy it had sparked, the Maharashtra government has moved the Supreme Court seeking revival of a provision of law that made it an offence to carry or keep beef at home in the state. More than a year ago, the Bombay high court had doused protests against the beef ban by striking down Section 5D of the Maharashtra...
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Privacy, a non-negotiable right -Ashwani Kumar
-The Hindu Whether it was required of the Attorney General to question the citizen’s right to privacy to defend the legality of Aadhaar is indeed questionable as the constitutional status of this right has been decisively answered in successive and lucidly articulated judgments This piece seeks to contest the Attorney-General’s somewhat startling assertion before the Supreme Court that Indians do not have a constitutional right to privacy. This is the background. Posed the...
More »Is invoking the sedition law mere state folly or a sign that space for dissent is shrinking?-Sukumar Muralidharan
-The Economic Times "Sedition" is a legal construct from less enlightened times, when the sovereign power claimed a divine sanction and subjects were expected to live in awe and fear. So what is republican India doing, in its seventh decade, in bringing a charge of sedition against a self-publishing cartoonist with a propensity for scatology and lurid imagery? A convulsive attack of folly that the agencies of the Indian state have...
More »Parliament can amend law to remove basis of judgment, say legal experts by J Venkatesan
Parliament has the power and jurisdiction to clarify, enact law or bring amendments to a law with retrospective effect to remove the basis or defects in a judgment, say legal experts. Under the proposed amendment to the Income Tax Act announced by Finance Minister Pranab Mukherjee in the budget, to come into effect from April 1, 1962, all persons, resident or non-resident, having business connection in India will have to incur...
More »Retrospective amendment of I-T Act not specific to Vodafone case: Pranab by Ashok Dasgupta
Finance Minister Pranab Mukherjee maintained on Sunday that the budgetary proposal to amend the Income Tax Act with retrospective effect from 1962 to assert the government's right to levy tax on merger and acquisition (M&A) deals involving overseas companies with business assets in India is not Vodafone “case specific,” but an enabling provision to protect the fiscal interests of the country and avert the chances of a crisis. Faced with all-round...
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