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Showing posts from August, 2022

BSE Sensex and NSE Nifty

The persons connected to the stock exchange activities know about both these indices. I am going to open a new topic for discussion related to its composition. Both these indices are composed of the securities (shares) of fifty reputed companies, from diverse business sectors. This composition is reviewed periodically, the worse performing companies are removed and other better performing companies are included in those indices. This practice helps show a better picture of the capital market. But that may not be necessarily the true picture of the whole market. The performance of thousands of other companies listed on the stock exchange is not reflected in those indices. Therefore I call both these indices as the ' Partial Indices '. To overcome this lacuna, I suggest to introduce another index, by whatever name found suitable, which will cover all companies which are listed on the stock exchange and have collected the money from the public in the past. All such companies shoul...

Uniform Civil Code

The controversy over this topic arises because it is generally correlated to the religious matters. But it need not be so. I suggest for introducing two separate statutes as follows, for moving one step further in that direction. (1) Family Affairs Recognition Act -- This statue should cover the matters related to registration of birth, death, marriage, divorce, child adoption, support to minor children, disowning of children (minor and adult, both), inherence of the family property, live in relationships, nomination, etc. This statute should be uniformly applicable to all persons, irrespective of the caste, religion, language, race etc. The rules related to family planning also should be uniformly applicable to all. All other existing statues on these matters should be repealed. The religious rituals should be obviously kept out the scope of this statute. (2) Religious Bodies Regulation Act -- This statue should cover the matters related to registration of the religious bodies, their ...

Restructuring of the Legislative Process

There are plenty of cases in India that some particular portion of a law is questioned in the Supreme Court of India. Many times it occurs after a controversy arises and somebody goes to the Court. That results into a lot of uncertainty about the validity of the matter under dispute. That turns harmful for the economic activity also, sooner or later, directly or indirectly. So it will be wise to consider doing the Restructuring of the Legislative Process, for avoiding such unwanted and undesirable time lapse in the litigation. My suggestion for that is as follows. The normal practice is of sending the bills to the President (or the Governor) for final approval, after having those passed in both the legislative Houses. I suggest that, all bills be always routed through the Constitution bench of the Supreme Court, for judicial review, after having those passed in both the legislative Houses, but before sending to the President for final approval. Anyway we have a provision ...

The Constitutional Crisis in Maharashtra (July 2022)

The political crisis which occurred in Maharashtra in July 2022 is known having been linked to 10th Schedule of the Constitution. We now await the next hearing of the supreme Court of India, which is scheduled to be held on 8th August 2022. It will become clear on that day whether a Constitutional Bench will be needed/appointed for this case or not. The anti-defection law is already under criticism due to the provision of the Party Whip. It nullifies the freedom of the elected public representatives and makes them somewhat like the slaves to the party. The purpose of the law was ok to some limited extent only. But the recent happenings in Maharashtra has become a special case, as a group of some MLAs and MPs claim that they have just formed a separate group; but not left the party as such. My Observations -- It is claimed that there is no provision in the law which allows forming a separate group within a party and that the outgoing MLAs or MPs have to merge into a separate party anyho...