brainchild | In a way, it once again points to why a government in India
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In a way, it once again points to why a government in India

In a way, it once again points to why a government in India

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cheap Canada Goose The first public manifestation came in the form of a tweet from one of India’s canada goose outlet online store review most respected economists Ajit Ranade. He referred to the backhanded method by canada goose outlet shop which the government canada goose outlet real had actually passed a bill canada goose outlet toronto which allowed it to modify the FCRA (Foreign Contributions Regulations Act) with retrospective effect. cheap Canada Goose

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canadian goose jacket This column had referred to such a development taking place almost a month ago. canadian goose jacket

canada goose coats on sale The letter refers to the government’s canada goose outlet uk alleged moves to introduce through a canada goose outlet mall money bill an amendment to modify certain clauses of the Foreign Contributions Regulations Act (FCRA) with retrospective effect. The move, said Sarma, appears to be to “condone the illegalities committed by Congress, BJP and a few other political parties by unethically accepting political donations from foreign sources, though prohibited under that Act. This, in my view, is not only illegal but it runs counter canada goose outlet to the national interest, making a canada goose outlet online reviews mockery of your so called campaign of bringing in electoral reforms and enhancing honesty in the canada goose outlet online electoral system.” canada goose coats on sale

buy canada goose jacket The email letter goes canada goose outlet online store on buy canada goose uk to say “To amend an existing law retrospectively to permit the political parties to accept donations canada goose outlet niagara falls from foreign companies raises serious concerns about the government’s intentions vis a vis the likely canada goose outlet store quebec influence of foreign agencies over the electoral process in India and its likely adverse implications for the national interest. buy canada goose jacket

Canada Goose sale Both FCRA of 1976 and FCRA of 2010 rightly prohibited political parties and their members from accepting donations from foreign sources. canada goose jacket outlet uk The Representation of the People Act echoed these prohibitive provisions. It goes to the credit of the Parliamentarians at that time to have thought about the deleterious implications canada goose outlet black friday sale that foreign donations could have on the political parties and their implications for the national interest. Canada Goose sale

buy canada goose jacket cheap Despite such clear legal provisions, both Congress and BJP blatantly sought and canada goose discount uk accepted donations from foreign sources year after year. A two member bench comprising Justices Madan B Lokur and Deepak Gupta said that the legislators were entitled to amend the law to remove defects pointed out in a judicial order but the new law could not be implemented retrospectively as it would amount to nullifying the judgment. buy canada goose jacket cheap

canada goose store “The Legislature cannot set at naught the canada goose clothing uk judgments which have been pronounced by amending the law not for the purpose of making corrections or removing anomalies but to bring in new provisions which did not exist earlier. The legislature may have the power to remove the basis or foundation of the judicial pronouncement but the legislature cannot overturn or set aside the judgment, that too retrospectively by introducing a new provision. The legislature is bound by the mandamus issued by the court,” said Justice Gupta, who wrote the judgment. canada goose store

canada goose “A judicial pronouncement is always binding unless the very fundamentals on which it is based are altered and the decision could not have been given in the altered circumstances. The legislature cannot, by way of introducing an amendment, overturn canada goose outlet price a judicial pronouncement and declare it to be wrong or a nullity. What the legislature can do is to amend the provisions of the statute canada goose uk to remove the basis of the judgment,” he said. canada goose

Canada Goose Jackets Though the judgement related to a matter challenging the constitutional validity https://www.canadagoose-jackets-online.com of amendments brought by the Karnataka assembly in Money Lenders Act and Pawn Brokers Act, the relevance of this judgement to the FCRA matter cannot be ruled out. The amendments were brought in 1998 but were implemented retrospectively to overrule the 1995 HC verdict, which held that the government should pay interest on security deposit as there was no provision to deny it to money lenders. Canada Goose Jackets

With EAS Sarma’s PIL now before the Supreme Court, the retrospective amendment of the FCRA could also come into national focus.

Other storms

What could add to the government’s discomfiture is the loss of two key seats in the by elections in the critically important state of Uttar Pradesh. All of a sudden, the spotlight is back on the government’s ability to win the forthcoming 2019 general elections. While it would be premature to write off the current government, some stray winds of dissent arte already becoming visible.

canada goose black friday sale First, watch the no confidence motion that has been put into motion by canada goose outlet toronto factory the Telegu Desam party a former ally. canada goose black friday sale

canada goose clearance Second, watch the manner in which the SP and the BSP for long at loggerheads have option to form a common front to challenge the BJP in all forthcoming elections in the state canada goose vest outlet Media analyses of poll numbers based on past performance, does underscore the fragility of the current position. canada goose clearance

In a way the government brought this upon itself with the cow slaughter ban followed by the ban on buffalo slaughter as well. While moves are being made to assuage flared tempers, the damage has been done. Suddenly, the Dalits and the Muslims are finding common ground to challenge the reckless acts of the government. In a way, it once again points to why a government in India enjoying an absolute majority in Parliament is often prone to taking decisions that may not be in the best economic interests of the nation.

Canada Goose online The coming months will be testing times for India. At the Centre will be tussles on two major fronts. First, there could be a tussle between the legislative and the judiciary, possibly with the FCRA amendments becoming the eye of the storm that could follow. Second, the way the canada goose outlet authentic opposition manages to form a united front to take canada goose outlet canada on the government. Canada Goose online

Canada Goose Parka There is a third storm coming up. It revolves around the manner in which the government is trying to delegitimise the passport as the primary document for identification Canada Goose Parka.

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