Karnataka crisis: Governor sets second deadline; asks CM to finish floor test today itself

Agencies
July 19, 2019

Bengaluru, Jul 19: Karnataka Governor Vajubhai Vala on Friday sent a letter to Chief Minister H.D. Kumaraswamy to prove his government's majority in the assembly before 6pm on Friday. Vala set the second deadline for the floor test, after the first deadline went in vain on Friday without the assembly taking up the voting on the motion of confidence to decide the fate of his shaky government.

"I have respect for the governor. But the second love letter from the governor has hurt me. He only came to know about horse trading 10 days ago?" Kumaraswamy asked, flashing photos of B.S. Yeddyurappa's personal staff Santosh reportedly boarding a plane with independent MLA H. Nagesh. "I leave the decision on the floor test to you (the speaker). It won't be directed by Delhi. I request you to protect me from the letter sent by the governor." A debate on the motion of confidence is currently underway at the Vidhana Soudha.

Earlier in the day, as the deadline neared, the ruling coalition vociferously questioned the governor's power to issue such a direction, with Kumaraswamy citing a Supreme Court verdict that a governor cannot act as ombudsman of the legislature.

Kumaraswamy said he would not criticise the governor and requested Speaker K.R. Ramesh Kumar to decide whether the governor can set a deadline. As the assembly clock struck 1.30 pm, the BJP insisted on a division on the confidence motion moved by Kumaraswamy on Thursday in accordance with the letter by the governor to him. The House was then adjourned till 3 pm amid ruckus with both BJP and Congress members locked in heated exchanges over the governor's role.

Vala had on Thursday set the 1.30pm deadline for proving the majority within hours after the voting on the confidence motion could not take place with the speaker adjourning the day's proceedings in the assembly. The governor, in his letter to the chief minister, had observed resignation of 15 MLAs of the ruling JD(S)-Congress and withdrawal of support by two independents "prima facie" indicated Kumaraswamy had lost confidence of the House.

Meanwhile, the Karnataka Congress moved the Supreme Court on Friday contending that its July 17 order on the resignation of 15 rebel Congress-JD(S) MLAs was coming in the way of the party issuing whip to its legislators in the ongoing trust vote. The application filed by Karnataka Congress chief Dinesh Gundu Rao sought clarification on the order which said the 15 rebel MLAs cannot be compelled to participate in the ongoing assembly proceedings, saying that the direction compromises with the party's right to issue whip.

It said the apex court order "whittles down" the power of a political party to issue whip to its MLAs as it has a constitutional right to do so and the court can't restrict that.

Further, in the plea, it is stated that the order was passed without involving the Congress legislature party, which presently has 79 MLAs in the Karnataka assembly.

The Congress, while referring to a judgement delivered by a constitution bench of the apex court, submitted that any interpretation of the order of July 17 "which whittles down the power of a political party to issue a whip to its legislators would be in the teeth of the provisions of the Tenth Schedule of the Constitution". It sought a clarification that the direction passed on July 17 does not refer to the rights of a political party to proceed under the Tenth Schedule.

Comments

Wellwisher
 - 
Saturday, 20 Jul 2019

Another Gujrati of nagpur HQ  spoiling our states future. MLA are choosed by state citizens and not by any Desh Drohi  anti India organizations. With money power and muscle power they are spoiling our country's unity

then very soon all these will be kicked out from our state is the real fact.

 

Jai Hind !

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News Network
May 9,2020

New Delhi, May 9: The Finance Ministry on Friday announced relief to those who have been facing difficulty with their residency status in India under section 6 of the Income-tax Act due to lockdown and suspension of international flights owing to COIVD-19 outbreak, as they have had to prolong their stay in India.

According to a Central Board of Direct Taxes (CBDT) release, Finance Minister Nirmala Sitharaman today allowed discounting of prolonged stay period in India for the purpose of determining residency status after considering various representations received from people who had to prolong their stay in India due to lockdown and suspension of international flights.

They expressed concern that they will be required to file tax returns as Indian residents and not as NRIs after 120 days of stay.

The Finance Ministry stated that the lockdown continues during the financial year 2020-21 and it is not yet clear when international flight operations would resume, a circular excluding the period of stay of these individuals up to the date of resumption of international flight operations shall be issued for determination of the residential status for the financial year 2020-21.

A circular also said that in order to avoid genuine hardship in such cases, the CBDT has decided that for the purposes of determining the residential status under section 6 of the Act during the previous year 2019-20 in respect of an individual who has come to India on a visit before March 22, 2020 and:

(a) has been unable to leave India on or before March 31, 2020, his period of stay in India from March 22, 2020 to March 31, 2020 shall not be taken into account; or

(b) has been quarantined in India on account of novel coronavirus (Covid-19) on or after March 1, 2020 and has departed on an evacuation flight on or before March 31, 2020 or has been unable to leave India on or before March 31, 2020, his period of stay from the beginning of his quarantine to his date of departure or March 31, 2020, as the case may be, shall not be taken into account; or

(c) has departed on an evacuation flight on or before March 31, 2020, his period of stay in India from March 22, 2020 to his date of departure shall not be taken into account."

The release said there are number of individuals who had come on a visit to India during the previous year 2019-20 for a particular duration and intended to leave India before the end of the previous year for maintaining their status as non-resident or not ordinary resident in India.

"However, due to declaration of the lockdown and suspension of international flights owing to outbreak of COVID-19, they are required to prolong their stay in India. The status of an individual whether he is resident in India or a non-resident or not ordinarily resident, is dependent, inter-alia, on the period for which the person is in India during a year," it said.

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News Network
January 6,2020

Ballari, Jan 6: Two members of a family were killed in a cylinder explosion at their home in Sanjeevarayana Kote, here on Monday morning, police said.

The deceased were identified as Parvathi and her daughter Huliyamma.

The incident took place when the two were in the kitchen. Fire tenders were rushed to the rescue.

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News Network
January 12,2020

Bengaluru, Jan 12: Chief Justice of India, Sharad Arvind Bobde on Saturday hinted at the possibility of Artificial Intelligence being developed for the court system while making it clear that it will never replace human discretion.

Speaking at an event here, Bobde said, "We have a possibility of developing Artificial Intelligence for the court system. Only for the purpose of ensuring that the undue delay in justice is prevented."

"I must make it clear at the outset as there are times when even judges have asked this. AI is not going to replace human judges or human discretion", he added.

Sharing more details of his vision, he stated, "It is only the repetitive, mathematical and mechanical parts of the judgments for which help can be taken from the system...we are exploring the possibility of implementing it."

Bobde stressed on the requirement of developing AI for judiciary while outlining the number of pending cases in different courts.

"Some people are in jail for 10-15 years and we are not in position to deal with their appeals. The high court's and Supreme Court take so long and ultimately the courts feel that it is just to release them on bail", he said.

Bobde also endorsed employing every talent and skill to ensure delivery of justice in a reasonable time.

"We must employ every talent, every skill we possess to ensure that justice is received within reasonable time. Delay in justice can't be a reason for anybody to take law into their hands. But it's very important for us as courts to ensure there's no undue delay in justice", he said.

CJI Bobde also highlighted the need for pre-litigation mediation and said, "Pre-litigation mediation is the need of the hour especially in the backdrop of a significant pendency that the courts are tackling with. There are innumerable areas where pre-litigation mediation could solve the problem."

He also stressed that the position of a judge is very unique under the constitution and they have to deal with a variety of problems.

"The foundation of civilisation rests on the law. Judicial officers have to deal with a variety of problems...Judges without adequate knowledge, skills and experience may cause distortion, delay and miscarriage of justice", he said.

Earlier in the day, Chief Justice of India Bobde inaugurated the phase-1 of the new building of the Karnataka Judicial Academy on Crescent Road in Bengaluru.

The new building has three floors, besides, the ground floor and two basement floors.

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