India needs to note with great alacrity and caution, all questions of subtle references to non-demarcation of borders, disputes and accidental transgressions raised and caused by China
We Indians are supposedly a cricket-crazy nation. So, we have been watching two beautiful googlies being served, and we have lost our wicket! Looks like this is what happened during the much-hyped visit of President Xi Jinping to India, about 10 days ago.
During his address at the Indian Council of World Affairs, President Xi Jinping is reported to have said: "Neighbours may encounter problems. What is important is to tackle the boundary question and seek a fair, reasonable solution at an early date. And in the meantime, India and China should not allow the boundary problem to affect bilateral economic relations".
Referring to the latest incursions by hundreds of Chinese troops in Chumar, Xi Jinping said: "Since the boundary is yet to be demarcated, there could be instances of transgressions and both sides are fully capable of resolving the issues, through border-related mechanisms, so that such incidents have little impact on ties."
Following this, on Monday, Xi Jinping asked the People's Liberation Army (PLA) to be combat-ready to win a "regional war” and make sure that all decisions from the central leadership are strictly followed. He shuffled the military postings of generals loyal to him. He removed and prosecuted some top PLA generals for corruption.
Finally, touching on strategic ties, Xi Jinping said: "India's aspirations for a bigger role in the UN Security Council...China is willing to support ....” It is reported that a thunderous applause from the Indian audience drowned the balance of his statement, in which he said to have stated: “when India settles the border dispute with China." And he apparently, continued..."China is willing to support India's full membership of the Shanghai Cooperation Organisation, and in return, (China) expects India to help in building relations in SAARC."
We need China's friendship and support. But we need to deal with the Chinese even more cautiously than before. For Prime Minister Narendra Modi, this is the first time that he has had extended talks with President Xi Jinping. A return visit by him to China is bound to follow in the next few months. This is when he should get the border issues settled. Questions of subtle references to non-demarcation of borders, disputes and accidental transgressions are to be noted with great alacrity and caution. At the moment, the northern borders with China are covered by the Indo-Tibetan Force. They need to be supported by combat-ready regular army.
(AK Ramdas has worked with the Engineering Export Promotion Council of the ministry of commerce. He was also associated with various committees of the Council. His international career took him to places like Beirut, Kuwait and Dubai at a time when these were small trading outposts; and later to the US.)
The HC asked police to register a case against Pal within 72 hours for threatening to kill CPM workers during the poll campaign
The Calcutta High Court has directed police to file a first information report (FIR) against Trinamool Congress MP Tapas Pal in connection with his hate speech.
The High Court asked the police to register a case against Pal within 72 hours for threatening to kill CPM workers during the poll campaign.
The court also asked CID to probe the hate speech video of Tapas Pal. The court further said that the hate speech video should be investigated by CBI (Central Bureau of Investigation).
In a majority decision, the Constitution Bench of the apex court said that NTT encroached upon the power of higher judiciary
The Supreme Court on Thursday quashed the a 2005 law for setting up National Tax Tribunal (NTT).
The Constitution Bench comprising Chief Justice RM Lodha, Justices JS Kehar, Jasti Chelameswar, AK Sikri and RF Nariman said, that the NTT encroached upon the power of higher judiciary, which can only decide questions of substantial law and not a tribunal.
The Bench quashed Sections 5, 6, 7, 8 and 13 of the National Tax Tribunal Act, 2005 rendering the law ineffective for all practical purposes.
The ruling could also affect all similar tribunals set up to decide substantial questions of law, including the National Company Law Appellate Tribunal (NCLAT) that is also facing legal challenge.
Details of the sections which have been struck down from the NTT Act include:
The jurisdiction of the NTT may be exercised by the Benches to be constituted by the Chairperson. The Benches of the NTT shall sit in the NCT of Delh or such other places as the Central government may, in consultation with the Chairperson, may notify. The Chairperson may permit a Bench to hold a temporary sitting for a period not exceeding fifteen days at a place other than its ordinary place of seat. The Central government shall determine the number of Benches and each Bench shall consist of two members. The Central government may in consultation with the Chairperson transfer a Member from headquarters of Bench in one State to the the headquarters of another Bench in another State or to the headquarters of any other Bench within a Sate.
The Chairperson of the NTT shall be a person who has been a Judge of the Supreme Court or the Chief Justice of a High Court. A person shall not be qualified for appointment as Member unless (a) he is or has been or is eligible to be a Judge of a High Court; or (b) he is or has been a Member of the Income Tax Appellate Tribunal of the Customs, Excise and Service Tax Appellate Tribunal for at least seven years.
The Chairperson and Members shall be appointed by the Central Government and on the recommendations of a Selection Committee consisting of (a)the Chief Justice of India or a Judge of the Supreme Court nominated by him; (b) the Secretary in the Ministry of Law and Justice (Department of Legal Affairs); (c) the Secretary in the Ministry of Finance (Department of Revenue). No appointment of the Chairperson or of other Members shall be invalidated merely by reason of any vacancy or defect in the constitution of the Selection Committee.
The Chairperson and every other Member shall hold office as such for a term of five years from the date on which he enters office but shall be eligible for re-appointment. Maximum age for Chairperson is 68 years and maximum age for any other Member is 65 years.
A party to an appeal other than the government may either appear in person or authorise one or more chartered accountants or legal practitioners or any person duly authorised by him to present his case before the NTT. The government may authorise one or more legal practitioners or any of its officers to present its case before the NTT.