Soli Sorabjee backs AAP govt's stand on Jan Lokpal

February 8, 2014

New Delhi, Feb 8: Eminent lawyer Soli Sorabjee today backed the Delhi government's stand that there was no need to take the prior consent of the Centre before introduction of its Jan Lokpal Bill in the Assembly, which it plans to do next week.

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In his opinion given to the Delhi government he said that there are "serious legal infirmities" in the Transaction Business Rules (TBR) of 2002 which requires approval by Central government before passage of certain types of bills.

The Delhi government had asked him whether Rule 55(1) of TBR violates the Constitution and does the Central government have the power to make that rule under section 44 of the Government of NCT of Delhi Act.

"In my opinion there are serious legal infirmities in the said Rule. Neither Article 239AA nor GNCTD Act empowers or requires the Lt Governor to make a reference to the Central Government.

"Consequently, the said Rule is tantamount to conferring veto powers on the proposed state legislation by the Central government upon the mistaken notion that the government of Delhi is a government department working under the control and supervision of the Central Government," Sorabjee said in his opinion.

He said it was beyond his comprehension how reference to the Central government can be brought in by the said rule, which is a "piece of colourable legislation".

The former Attorney General said that in the absence of any prohibition or embargo under the Constitution or the GNCTD Act upon the very introduction of the bill, the TBR rule as framed is "ultra vires" the Constitution and the GNCTD Act.

He also felt that section 22 of the GNCTD Act as a limited application relating only to money bills. Therefore, there is no embargo or restriction of any bill which according to well settled doctrine of pith and substance is not a money bill.

"The assembly's right to introduce a bill or a proposal cannot be curtailed or circumvented directly or indirectly by any rule," he said.

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Agencies
May 19,2020

Lucknow, May 19: The administration of the Sanjay Gandhi Post Graduate Institute of Medical Sciences (SGPGI) has ordered a probe into the cardiac procedure conducted on a corona positive patient in the hospital.

The patient underwent a cardiac procedure without being tested for corona before the surgery. He later tested positive for COVID-19, leading to panic among the staff and other patients.

The medical staff that came in contact with the patient were quarantined on Monday while the area was sanitized.

As per orders from the State Medical Education Department, even in emergency cases, patients are to be screened for Covid-19 before procedures are done.

According to the SGPGI administration, the incident took place late on Sunday night.

In an official statement, director, Prof R.K. Dhiman said, "The 63-year-old patient was a case of complete cardiac blockage and needed an urgent temporary pacemaker. The patient was admitted to the holding area of the institute and later shifted to the MICU for permanent pace making."

He said that when the patient's corona status was found to be positive on the Hospital Information System, she was shifted to the Rajdhani COVID Hospital.

The Director said, "Though the involved areas have been sanitized and healthcare workers were quarantined as per protocol, a probe has been ordered to investigate the lapses."

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News Network
March 2,2020

New Delhi, Mar 2: The Supreme Court on Monday dismissed a curative petition filed by convict Pawan Kumar Gupta who was sentenced to death in the 2012 Nirbhaya gang rape and murder case.

A five-judge bench headed by Justice N V Ramana said that no case is made out for re-examining the conviction and the punishment of the convict.

Other members of the bench were justices Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan.

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Agencies
June 22,2020

Mumbai, Jun 22: After downgrading India's outlook to negative from stable, Fitch Ratings on Monday revised the outlook on nine Indian banks to negative.

The outlook on the Long-Term Issuer Default Ratings (IDR) was revised to negative from stable due to the banks' high dependence on the Centre to re-capitalise them.

Accordingly, the IDR outlook of the Export-Import Bank of India, the State Bank of India, the Bank of Baroda, the Bank of Baroda (New Zealand), the Bank of India, the Canara Bank, the Punjab National Bank, ICICI Bank and Axis Bank Ltd have been downgraded to negative.

"At the same time, Fitch has affirmed IDBI Bank Limited's (IDBI) IDR while maintaining the outlook at negative," Fitch said in a statement.

The rating actions follow Fitch's revision of the outlook on the 'BBB-' rating on India to negative from stable on June 18, due to the impact of the escalating coronavirus pandemic on India's economy.

"The IDRs for all the above Indian banks are support-driven and anchored to their respective SRFs," the statement said.

"They are based on Fitch's assessment of high to moderate probability of extraordinary state support for these banks, which takes into account our assessment of the sovereign's ability and propensity to provide extraordinary support."

According to the statement, the negative outlook on India's sovereign rating reflects an increasing strain on the state's ability to provide extraordinary support, due to the sovereign's limited fiscal space and the significant deterioration in fiscal metrics due to challenges from the COVID-19 pandemic.

"The rating action does not affect the banks' Viability Rating (VR). EXIM does not have a VR as its role as a policy bank makes an assessment of its standalone credit profile less meaningful."

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