Wednesday, October 1, 2014

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Labelling it unconstitutional, Supreme Court repeals National Tax Tribunal Act
India > National Tax Tribunal Act > Sep 25
A five-judge constitution Bench of the Supreme Court has struck down the National Tax Tribunal Act, on the grounds that it encroached upon the power of the judiciary and the principle of separation of powers. The apex court said that if judicial powers are transferred to tribunals it would affect the basic structure of the constitution and judicial independence.
Background:
Under this act a tribunal was set up to decide tax-related cases by taking away jurisdiction of high courts in such matters. The tribunal was set up under the Act to speed up decisions in tax disputes. However, the 2005 law was stuck in litigation in high courts. All cases were transferred to the Supreme Court for a final decision. The NTT Act allowed the executive "extensive control" with regard to appointments of members and procedure of the tribunal. The tribunal was envisaged to function like National Green Tribunal (NGT) in the taxation field. The government justified the role of non-judicial members arguing that the tribunals needed experts in various fields in view of the technical and complex subjects which come up before these bodies.

Hindalco to pay Rs 500-cr fine after SC coal block verdict
Corporate > Hindalco > Sep 26
Aditya Birla Group's Hindalco Industries Ltd will have to pay a penalty of around Rs 500 crore for coal mined from blocks termed illegal and, subsequently, cancelled by the Supreme Court's order. On September 24, the Supreme Court passed a verdict terming the allocation of 214 coal mines to various private and state government-owned companies as illegal and cancelled the allocations. It also accepted the attorney general's recommendation to levy a penalty of Rs 295 per tonne on coal mined till date and to be mined over the next six months till March 2015.
Several companies had chalked out plans to create capacity in sectors like power and metals, based on the captive linkage of coal provided by the government since 1993, through a process the Supreme Court described arbitrary and non-transparent.
HIndalco had been allocated four coal blocks — Mahan coal block (jointly with Essar Power), Tubed coal block (with Tata Power), Talabira II and III coal blocks (with Mahanadi Coal Fields and Neyveli Lignite Corp), and the Talabira I coal block.
Background:
Coal allocation scam is a political scandal concerning the Indian government's allocation of the nation's coal deposits to public sector entities (PSEs) and private companies by former Prime Minister Manmohan Singh. In a draft report issued in March 2014, the Comptroller and Auditor General of India (CAG) office accused the Government of India of allocating coal blocks in an inefficient manner during the period 2004-2009. Over the summer of 2012, the opposition BJP lodged a complaint resulting in a Central Bureau of Investigation (CBI) probe into whether the allocation of the coal blocks was in fact influenced by corruption.

Prime Minister Narendra Modi's U.S. visit chronicled
World > Modi’s US Visit > Sep 28
Narendra Modi visited the United States of America for the first time as the Indian Prime Minister on September 26th. After his arrival, in a rare gesture Modi briefly stepped out of his convoy to greet cheering Indians who had gathered outside his hotel, the New York Palace Hotel in Manhattan where he stayed till September 29 before moving to Washington.
In his first official engagement, Narendra Modi met the New York City mayor, Bill De Blassio, during which the issues related to large cities; especially common threats of terror, policing, public housing and crowd management in the events like the Kumbh Mela were discussed. The meeting was also aimed at understanding how the New York Police metamorphosed after the 9/11 terror attacks in which over 3,000 people were killed and landmark twin towers of World Trade Centre were destroyed. Later in the day, Modi also had a meeting with Nobel laureate and eminent cancer specialist, Professor Harold Varmus, and invited him to visit India to assist in health and public care research. During his 30-minute interaction with Modi, the two discussed a wide range of public health care issues, including those related to cancer research, vaccine and possibilities of research in India.
On the second day, Modi paid a visit to the 9/11 memorial in New York, to commemorate Indians killed in the terrorist attack. During his meeting with United Nations General Secretary, Ban Ki Moon, Modi raised the issue of Kashmir and also reciprocated to the criticism of Pakistan Prime Minister Nawaz Sharif, over the cancellation of bilateral talks by India. In his 32 minute speech at the United Nations general assembly following the meeting, Modi addressed a variety of issues, including; global terrorism, regional cooperation, amendment in international trade agreements, et al. He also emphasised on the need to reform the United Nations, including the Security Council by making the body more democratic and participative in functioning. During his speech, Modi also made a pitch for yoga by articulating its importance towards health, well-being and society at large; Mr. Modi concluded his speech by canvassing a need for an International Yoga Day. Furthering his 'neighbourhood first' policy, the Prime Minister held bilateral meetings with his counterparts from Bangladesh, Nepal and Sri Lanka, and discussed matters of common concern, including terrorism, while affirming his commitment to make SAARC a strong regional block.
The following day, September 28th, Modi addressed a huge gathering of about 18,000 Indian Americans at Madison Square Garden where he received a warm welcome. Modi acknowledged the crowd, and started his speech by showering praises on the Indian-American community and commended them for their achievement in the Information Technology sector. The recent Mars Mission, carried out by Indian Space Research Organisation (ISRO), also found a mention in the speech for its cost convenience and efficiency. Further, he mentioned about various amendments and changes brought about by his government, the Ganga cleaning drive and Mahatma Gandhi amongst other things. The Prime Minister concluded his speech, by stating that People of Indian Origin (PIO) will get life-long visas, the Overseas Citizenship of India (OCI) and (PIO) schemes would be merged. After his speech at the Madison Square Garden, the PM met with an influential Jewish group where he conveyed that India was proud of the community's acknowledgement that it has been an integral part of Indian society for 2,000 years and never suffered any discrimination. The day ended after Mr. Modi met with the Indian American Governor of South Carolina, Nikki Haley and discussed issues related to economic development of her state in sectors including automotive, IT and aerospace.
On the penultimate day of his visit, the PM met 11 CEOs, including Indian - origin PepsiCo CEO Indra Nooyi, Google Chairman Eric Schmidt and Citigroup chief Michael Corbat. Mr. Modi lobbied the need for investment in India, focusing on infrastructure, job creation and enhancement of the quality of life for the Indian masses. The over one-hour-long breakfast meet was followed by one-on-one meetings with six CEOs of Boeing, KKR, BlackRock, IBM, General Electric and Goldman Sachs. After the business meet concluded, Modi accompanied by External Affairs minister, Sushma Swaraj met with Former US President Bill Clinton and his wife Hillary Clinton, to discuss Indo-US relations. His New York stay concluded with a meeting with members of the Council for Foreign Relations, after which Mr. Modi left for Washington to attend a private dinner hosted by US President Barack Obama.
On the final day of his visit, 30th September, he engaged with the top brass of the US administration. The day started by paying a visit to the Lincoln memorial, Martin Luther King Jr. memorial and the Mahatma Gandhi statue. During a stroll around the Martin Luther King Jr Memorial, Obama and Modi emphasized what they had in common as democratic leaders who overcame personal obstacles, campaigned as outsiders and embraced technology as a vital tool in politics and governance. But their talks yielded no resolutions to thorny disputes over taxes, trade and civilian nuclear energy cooperation that have divided the United States and India in recent years. However, enhanced security partnership to address the threat of terrorism and heightened defence and space cooperation were the centerpiece of expansive security engagement.
After the high summit, Mr. Modi attended a luncheon hosted by US Vice-President Joseph Biden and US Secretary of State John Kerry, which was also attended by Reliance Industries Chairman Mukesh Ambani, the event had an informal tone and served the PM a much needed breather after consequential meetings. Later in the afternoon, US Defence Secretary Chuck Hagen in a one on one conversation with PM Modi discussed issues relating to defence cooperation and combating terrorism.  Maryland Governor Michael O'Malley also called on Modi and discussed innovative uses of technology in governance, thus, concluding the visiting PM's five-day visit.

Others


India pulls out regulator's power to cap non-essential drug prices
India > Drug Pricing > Sep 25
The Government of India has withdrawn its authority over setting up prices of non-essential medicines. However, the price cap on over 108 non-essential drugs by NPPA in July will not be changed. Due to this, the profit margins of Ranbaxy Laboratories, Sanofi SA, Merck and Co Inc, Pfizer Inc and Abbott Laboratories are likely to hit for the month of July.
The price capping was regulated to improve the accessibility of generic drugs across the nation where more than 80% of India's population has no health insurance while over 70% survives with less than $2 per day.
The NPPA added 36 new drugs to the list of 348 medicines this month earlier. The list constitutes about 30% of medicines sold in India. The 108 non-essential drugs subject to July's price cap is apart from the essential medicines list.


Children as young as 13 have fled Germany to join ISIS - Report
World > Germany > Sep 25
At least 24 children in Germany, many of whom are as young as 13, have reportedly joined and fought the war in Syria and Iraq for the Islamic State. Out of these 24 children who fled from Germany to fight for the ISIS, five have returned to the country with combat experience, noted a report, which sourced to the German Intelligence Agency. The state security agencies have found that overall around 400 Germans have joined the jihadists in Iraq and Syria.
The report found that among the 378 German Islamists who joined the ISIS since mid-2012, just one in four had finished high school.
It further found that only 6% of ISIS supporters from Germany finished post-school training and only 2% had some higher education. The report also stated that only one in five ISIS radicals in Germany was registered as unemployed and just 12% had a job. And those who worked were mainly employed in low-paying jobs.

Modi launches Make in Indian campaign
India > Make in India > Sep 25
To attract businesses from around the world to invest and manufacture in India, Prime Minister Narendra Modi has launched “Make in India”, an international marketing campaign. The campaign, 'Make in India' is aimed at making India a manufacturing hub and economic transformation in India while eliminating the unnecessary laws and regulations, making bureaucratic processes easier and shorter, and make government more transparent, responsive and accountable. The government emphasized upon the framework which include the time-bound project clearances through a single online portal which will be further aided by the eight-members team dedicated to answering investor queries within 48 hours and addressing key issues including labor laws, skill development and infrastructure.
Bullish on opportunities in India, top US corporates, including Boeing, IBM and BlackRock expressed their keenness to strengthen engagements with the country during their meetings with Prime Minister Narendra Modi who promised a friendlier business environment.
They have expressed interest to participate in diverse initiatives including those related to smart cities.


The UN climate summit concludes
World > UN Climate Summit > Sep 26
World leaders converged at the United Nations in New York for Secretary-General Ban Ki-moon’s much anticipated Climate Summit, a lead-up to global negotiations that will take place in Lima, Peru, in December, and culminate a year later in Paris.
India’s statement at the summit was functional. It contained the ritual laudatory genuflections to the Prime Minister but also highlighted some of the ongoing domestic actions that emanate from the 2008 National Action Plan on Climate Change. But it is not at all clear how these actions fit into the government’s overall perspective on ecology and growth.
Leonardo DiCaprio, the United Nations’ newly appointed Messenger of Peace, addressed world leaders at UN Climate Summit, urging them to fully address climate change, “the greatest challenge of our existence on the planet.”

Jayalalithaa gets four years in prison in disproportionate assets case
India > Jayalalithaa DA Case > Sep 27
A special court in Bangalore has convicted Tamil Nadu chief minister J. Jayalalithaa and three others guilty in the 18-year-old disproportionate assets case and sentenced them to four years in prison. While the court also fined Jayalalithaa Rs.100 crore, her close aide Sasikala Natarajan and J.Ilavarasi and her disowned foster son Sudhakaran, the other three convicted persons in the case, were fined Rs.10 crore each. With the sentence, Jayalalithaa will lose the post of the chief minister thereby becoming the first serving chief minister to lose her post and also walks into jail. Special Judge John Michael D’Cunha convicted the 66-year-old All India Anna Dravida Munnetra Kazhagam (AIADMK) chief in a case of owning assets to the tune Rs.66.65 crore disproportionate to her known sources of income during 1991-96 when she was chief minister for the first time.
Convicted under Prevention of Corruption Act, she has to now approach a high court for bail before mulling filing an appeal challenging her conviction. Unless the conviction is stayed or overturned by a superior court, Jayalalithaa will be disqualified under the Representation of the People Act from contesting elections for a period of 10 years - four years from the date of conviction and six years thereafter.
Jayalalithaa had to quit as chief minister immediately after her swearing in 2001 following the Supreme Court declaring null and void the action of the then governor Fatima Beevi appointing her as the chief minister as she had been sentenced to two years rigorous imprisonment in a corruption case. O. Paneerselvam, a junior minister handpicked by her, was appointed as the chief minister of Tamil Nadu. By 2002, she was cleared of all charges and sworn-in again as the chief minister.


Indian-Israeli PMs meet for the first time in more than a decade
World > India -Israel > Sep 29
In the first meeting between Indian and Israeli Prime Ministers in more than a decade, Prime Minister Modi asked Prime Minister Benjamin Netanyahu to explain Israel’s perspective on the Islamic State (ISIS).  Mr. Modi and Mr. Netanyahu also discussed ways of increasing bilateral ties in the areas of agriculture, water management and urban development. Israel is one of India’s largest defence suppliers, and Mr. Modi discussed his government’s decision to open up Foreign Direct Investment (FDI) in the field to 49 per cent. He also told Mr. Netanyahu that Israel should consider defence partnerships based in India, in line with his “Make in India” initiative.

US court issues summons against Modi
World > USA > Sep 29
A federal court in New York has issued summons against the Indian Prime Minister Narendra Modi for his alleged role in presiding over the anti-Muslim pogrom in Gujarat during 2002 when he was Chief Minister of the state.
The lawsuit, filed by the American Justice Center (AJC), a non-profit human rights organisation identified among the plaintiffs “two survivors of the horrific and organised violence of Gujarat 2002”, and called for a response from Mr. Modi based on the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA).
The summons document, which also alludes to the 21-day deadline, notes that if the Prime Minster fails to answer the attached complaint, “Judgement by default will be entered against you for the relief demanded in the complaint,” adding that Mr. Modi was expected to file his answer or motion with the court.
 
Google inks pact with Andhra Pradesh for state's IT vision
Corporate > Google > Sep 30
Google India has signed a Memorandum of Understanding with the Andhra Pradesh government to support AP Chief Minister N Chandrababu Naidu's vision of transforming the state of Andhra Pradesh to 'Digital AP'. Under the pact, Google India would work with the AP government to get women as well as small and medium business online and help them gain from the internet economy. The highlights of the MoU include helping AP government make their websites mobile-ready and accessible in the local language, promoting internet safety amongst children and government officials, improving and getting more local language content online and collaborating with the AP government to scale initiatives to promote digital literacy amongst women and helping small medium businesses in AP to gain from the Internet economy and going digital.
The MoU was signed by Google India Vice-President and Managing Director Rajan Anandan and AP secretary Sanjay Jaju in the presence of AP Chief Minister N Chandrababu Naidu.

Hong Kong's Democracy Movement:  Hong Kong ready, China isn’t
World > Hong Kong's Democracy Movement > Sep 30
Chaotic scenes stole the show from the pomp and spectacle of Chinese National Day celebrations in Hong Kong, as thousands of pro-democracy demonstrators harangued dignitaries and set up camp on the fringes of the city’s politically sacrosanct Golden Bauhinia Square.
Protesters in jeans and sneakers, many of whom had been on the streets all night, heckled a parade of the city’s oligarchs and tycoons as they attempted to enter the Hong Kong Convention and Exhibition Center for ceremonial speeches.
Hong Kong has been given a broad degree of autonomy since the end of British colonial rule in 1997. But this sophisticated, freewheeling city of 7 million is deeply suspicious of China and unable to freely choose its own leader.
Calls for democratic reform have built to a crescendo over the last five days, with tens of thousands of protestors bringing several downtown locations to a standstill.
Background:
Protests and mass civil disobedience began in Hong Kong soon after the Standing Committee of the National People's Congress announced its decision on proposed electoral reform for the upcoming 2017 Hong Kong Chief Executive election. The Standing Committee would require a nomination committee to pre-approve up to three electoral candidates before proceeding to a vote involving the general population. After this election, the Chief Executive-elect would then still need to be formally appointed by the central government before officially taking the post. The decision also stipulates that "the Chief Executive shall be a person who loves the country and loves Hong Kong." These requirements are regarded by pro-democracy activists as a potential breach of the Sino-British Joint Declaration, which states that the Chief Executive should eventually be chosen through elections, and the Hong Kong Basic Law, which further clarifies that universal suffrage should be implemented for this selection.



 
India, China border stand off ends
World > India - China Stand Off > Oct 01
The border standoff between India and China ended with both China and India announcing a withdrawal of troops from the disputed area.

A meeting of the Working Mechanism for Consultation and Coordination on India-China Border Affairs (WMCC) will be convened in India on 16-17 October 2014 to discuss various issues pertaining to the maintenance of peace and tranquility in the border areas. This mechanism consists of officials from external affairs ministry, home ministry, Indian army and Indo-Tibetan border police and their Chinese counterparts.



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