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Electoral Bond Controversy: What It Means For 2024 Lok Sabha Elections, And Supreme Court’s Role In It

Snehashish RoyMarch 12, 20240

The 2024 Lok Sabha elections in India are poised to witness significant repercussions following the State Bank of India’s (SBI) recent involvement in the electoral bond controversy. The electoral bonds scheme, which allowed political parties to receive anonymous donations, was declared unconstitutional by the Supreme Court on February 15, 2024. The court ordered the SBI to provide details of all electoral bond contributions received by political parties from the scheme’s inception in 2019 up to the present date by March 6, 2024. This verdict has far-reaching implications for political funding transparency and accountability. The SBI has sought an extension until June 30, 2024, to disclose donor details associated with electoral bonds. The bank cites logistical challenges and prac...

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ArticleIndiaNewsSociety

In A First, Kerala Now Has A State-Specific Disaster; Know What Changed About Man-Animal Conflict

Snehashish RoyMarch 9, 20240

Kerala, a state in southern India, has recently declared man-animal conflict as a state-specific disaster, becoming the first state in the country to do so. This decision is significant as it changes the way the government is addressing the issue of managing man-animal conflicts. Currently, the responsibility of managing man-animal conflict rests with the forest department, which acts as per the Wild Life Protection Act. However, once the issue is declared a state-specific disaster, the responsibility to deal with it shifts to the state disaster management authority. This authority, powered by the Disaster Management Act, can take quicker and more decisive action in managing the conflict. The disaster management authority is headed by the Chief Minister at the state level, and se...

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ArticleIndiaLawPolitics

Can MPs, MLAs Take Bribes For Votes? What Law Says, How Supreme Court Sees It

Snehashish RoyMarch 4, 20240

On March 4, 2024, a seven-judge Constitution Bench of the Supreme Court overruled the majority judgment in the Jharkhand Mukti Morcha (JMM) bribery case, which had held that members of the legislature enjoy immunity from being charged with bribery in relation to the way they vote or speak in the House. The bench was led by Chief Justice of India D.Y. Chandrachud and the details of the judgment are still awaited. To understand this landmark case, it is essential to delve into Article 194(2) and Article 105(2) of the Constitution, which provide identical protections to members of Parliament and the Legislature of a State. These articles state that no member of the legislature shall be liable to any proceedings in any court in respect of anything said or any vote given by him in ...

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ArticleHealthIndiaLaw

India Overturns Surrogacy Rules: What Should You Know About New Changes?

Snehashish RoyFebruary 26, 20240

The Indian government has recently amended the surrogacy rules, allowing couples to use donor eggs or donor sperm for surrogacy. This amendment has overturned the previous rule made in March 2023 that banned the use of donor gametes. However, the new notification states that if the District Medical Board certifies that either husband or wife constituting the intending couple suffers from a medical condition necessitating the use of donor gamete, then surrogacy using donor gamete is allowed. The relaxation in the rules is primarily for intending couples. However, the notification specifies that if a divorced or widowed woman opts for surrogacy, the egg has to come from the mother. Single women (widow or divorcee) undergoing surrogacy must use self-eggs and donor sperms to avail of...

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ArticleEconomyFinanceIndiaNewsPolitics

India At Key Juncture Of World Trade: Israel Suggests Gujarat Alternative To Red Sea Tensions; What Is It?

Snehashish RoyFebruary 22, 20240

In recent weeks, Yemen's Houthi rebels have intensified their attacks on ships linked to Israel in the Red Sea as a show of solidarity with Gaza. This has put a halt on global trade, as around 12% of it passes through the Red Sea, which links the Indian Ocean to the Mediterranean Sea via the Suez Canal. Given the current situation, ships are being forced to take a longer route, traveling all the way to the south of Africa and crossing the Cape of Good Hope, which increases both costs and time taken. Due to this disruption in trade, seafarers now have the right to refuse to sail on ships passing through the Red Sea, as per a new industry agreement signed last week. To bypass the Red Sea and continue trading, Israel has been exploring alternative routes. On February 13, Transpor...

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ArticleEnvironmentFeaturesIndiaLaw

What Is A Forest?: How Govt Defines It, What Supreme Court Suggests

Snehashish RoyFebruary 21, 20240

The Supreme Court of India has issued a directive to the government, instructing it to follow the broad and all-encompassing definition of forest as laid down in its 1996 judgment in the T N Godavarman case. This directive will remain in effect until a consolidated record of all types of forests across the country has been prepared. The directive was issued by a three-judge bench, led by Chief Justice of India (CJI) D Y Chandrachud, on Monday, February 19, in response to petitions challenging the 2023 amendments to the Forest (Conservation) Act, 1980 (FCA). These amendments were being challenged on the grounds that they had substantially diluted the definition of forest and reduced the scope of the FCA. The government had passed the Forest (Conservation) Amendment Bill, 2023, in ...

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ElectionsFoodIndiaLawPolitics

Bharat Bandh Today: What Are Farmers Demanding, That Didn’t Resolve In 2020 Protest?

Snehashish RoyFebruary 16, 20240

Farmers across India are once again protesting for guaranteed crop prices, demanding a host of unmet demands. The Bharatiya Kisan Union (BKU), which is part of the Samyukt Kisan Morcha (SKM), has called for a Gramin Bharat Bandh on Friday, February 16. Farmers have been asked to suspend work for a day to press the government for demands, and traders and transporters have also been encouraged to join the strike. The farmers' protests began in 2020 when they rode on tractors and trucks from Haryana and Punjab to demand the repeal of three contentious agricultural laws that they believed would hurt their incomes. The protests drew international support and triggered nationwide demonstrations. In 2021, the Modi government repealed these laws, which was widely seen as a victory for the farme...

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ArticleElectionsIndiaLaw

Is Electoral Bond Scheme Unconstitutional? What Supreme Court Has To Say

Snehashish RoyFebruary 15, 20240

On February 15, a five-judge bench of the Supreme Court declared the electoral bonds scheme unconstitutional. The scheme allowed individuals and corporations to donate money to political parties anonymously by purchasing electoral bonds from the State Bank of India (SBI). The SBI had sole access to the details of those who purchased electoral bonds, and any unencashed bonds were to be deposited in the Prime Minister Relief Fund. The scheme was introduced in 2017 by then Finance Minister Arun Jaitley as a solution to the issue of opacity in political parties’ funding. However, it was challenged in court by the Communist Party of India (Marxist), and NGOs Common Cause and ADR. The court raised several issues in its verdict. Firstly, it held that the electoral bond scheme violated t...

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ArticleBusinessFoodIndiaNews

Farmers’ Protest 2.0: Why Is MSP A Major Demand And How Will It Help In Agriculture Sector?

Snehashish RoyFebruary 13, 20240

Farmers often operate in a buyer's market which can lead to sudden supply increases relative to demand, putting downward pressure on prices. This means that they are price takers, lacking the market power to influence the prices of their produce. Farmers sell at prevailing supply-and-demand determined rates while paying retail prices for everything from seeds, pesticides, diesel, and tractors to cement, medicines, toothpaste, and soap. Farmers sometimes demand minimum support prices (MSP) for their crops, and there could be a clamour for political parties to include a “legal guarantee for MSP” in their manifestos as the Lok Sabha elections approach. While most economists oppose government-fixed MSPs based on cost-plus pricing, sans any consideration to market demand, they largely...

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White Paper On India’s Economy: NDA Govt’s Comparison To UPA Was Informative, Though Not Complete

Snehashish RoyFebruary 10, 20240

The Union Ministry of Finance recently released a report called 'White Paper on the Indian Economy' which aims to highlight economic issues leading up to the Lok Sabha elections. Although the report is not factually incorrect, it selectively chooses data to showcase the failures of the previous government and the successes of the current government while neglecting the opposite scenarios. For instance, the report mentions that in 2013, Morgan Stanley assessed India as one of the "fragile five" global economies, which is true. However, it fails to mention that India was not among the "fragile five" during the UPA's 10-year rule from 2004 to 2014. India saw the fastest period of growth rate between 2004 and 2009, despite the Global Financial Crisis. Additionally, while the report i...

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ArticleFinanceIndiaPolitics

Kerala Govt Protests Against Centre: What’s The Tussle Over Fund Distribution To States? What The Law Says

Snehashish RoyFebruary 8, 20240

The Kerala government, led by the CPI(M), is staging a protest at Jantar Mantar in New Delhi. This comes after the Karnataka government held a similar protest over the distribution of central funds. Kerala alleges that the fiscal policies of the BJP-led government at the Centre are financially stifling the state. Chief Minister Pinarayi Vijayan, his cabinet colleagues, LDF MPs and legislators are likely to participate in the protest. Here is a look at the issues. Kerala claims that COVID-19 has made a curtailment of Rs 57,400 crore in the State Receipts in the current fiscal, and it is not getting its due share from the tax collected by the Centre. According to an RBI report on state finances, the Centre is to provide Rs 35 for every Rs 65 collected by the states on average. ...

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ArticleFeaturesIndiaPolitics

Country’s First UCC Bill Tabled: To Live-In Or Not To Live-In? Understanding Its Constitutional Challenge

Snehashish RoyFebruary 7, 20240

The Uniform Civil Code (UCC) Bill was introduced in the Uttarakhand Assembly on Tuesday, which has raised concerns about privacy and personal liberty. The Bill looks to equate heterosexual live-in relationships to the status of marriage. The proposed Code defines live-in relationships as a “relationship between a man and a woman” who “cohabit in a shared household through a relationship like marriage, provided that such relations are not prohibited.” The Bill requires partners to notify the “Registrar” within a month of entering into a live-in relationship or terminating one. A jail term of up to three months is prescribed for not registering a live-in relationship. In case of failing to produce a certificate of live-in relationship, a term of six months is prescribed on conviction....

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