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Advani’s Resignation Not Good for NDA’s Health: JD(U)


JD(U) today gave first indications of parting ways with the NDA, saying it is “difficult” to remain in the alliance which is on “ventilator support” in the wake of resignation of L K Advani from top BJP posts and anointment of Narendra Modi as party’s campaign committee chief for next Lok Sabha polls.

FULL STORY http://news.outlookindia.com/items.aspx?artid=800341

HINDU LAW: Property of Female Hindu:


Section 14 of the Hindu Succession Act, 1956, provides for conversion of life interest into absolute title on commencement of the Act. However, sub-section (2) carves out an exception to the same as it provides that such right would not be conferred where a property is acquired by a Hindu female by way of gift or under a Will or any other instrument prescribing a restricted estate in that property. Thus, if a Hindu female has been given only a ‘life interest’ through Will or gift or any other document referred to in Section 14 of the Act, 1956, the said right would not stand crystallized into the absolute ownership. Section 14(2) carves out an exception to rule provided in sub-section (1) thereof, which clearly provides that if a property has been acquired by a Hindu female by a Will or gift, giving her only a ‘life interest’, it would remain the same even after commencement of the Act, 1956, and such a Hindu female cannot acquire absolute title.

Shivdev Kaur (D) by LRs v. R.S. Grewal , C.A. Nos. 5063-5065 of 2005; Decided on 20-3-2013 (SC)

Legal Point


LP-Query

CAN AN IMPOTENT PERSON COMMIT RAPE ?


A person who is impotent can not be presumed to commit rape.  It may be a defence of peson.  However, the prosecution will have to prove that person was not impotent at the point of time alleged rape has taken place.

Parameters of Ultra Vires


A piece of Legislation is said to be ultra vires, when it contains provision beyond the scope and object of its parent legislation.

Ultra vires is a Latin phrase meaning literally “beyond the powers”, although its standard legal translation and substitute is “beyond power”. If an act requires legal authority and it is done with such authority, it is characterised in law as intra vires(literally “within the powers”; standard legal translation and substitute, “within power”). If it is done without such authority, it is ultra vires. Acts that are intra vires may equivalently be termed “valid” and those that are ultra vires “invalid”.  https://en.wikipedia.org/wiki/Ultra_vires

Do Political Parties come within the ambit of RTI?


The Communist Party of India (Marxist) cannot accept the order of the Central Information Commission that political parties are to be treated as “public authorities” and brought under the purview of the Right to Information Act. This decision is based on a fundamental misconception about the role of political parties in a parliamentary democracy.

The CIC order states that “six national parties are substantially financed by the Central Government and therefore they are held to be public authorities under the Act”. This is untrue because the bulk of the funding and finances for the parties do not come from the government or any State institution. In fact, the CPI(M) does not even accept funds from the corporates which is legally permissible.

One of the concerns of the CIC seems to be transparency of the funding and finances of political parties. At present according to the law all political parties are required to submit their accounts to the Income Tax department and the Election Commission. Already under the RTI, the statement of accounts and the finances of the parties are accessible to anyone from the Election Commission. Any more details of the financing of the Party can be sought for and has to be given. The CPI(M) has from the outset taken the stand that the financial statements and accounts of a party should be publicly available.

But this does not mean that a political party has to be treated as a public authority. This will interfere with and hamper the functioning of a political party. A political party is a voluntary association of citizens who believe in the ideology, programme and leadership of the party. That party is accountable to its membership. To apply the Right to Information Act and demand access to the internal deliberations of the party whether it be on policy matters, organisational decisions or selection of candidates will constitute a serious infringement of the inner-party functioning, confidentiality of discussions and undermine the political party system itself. Opponents of a political party can utilise the RTI as an instrument to destabilise a party.

Given the serious implications of this order of the CIC for the political party system and parliamentary democracy, the matter should be discussed by the Government with all political parties so that suitable steps can be taken to preserve the integrity and the role of political parties in a democratic political system.