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Showing posts from December, 2020

GILGIT-BALTISTAN DISPUTE

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 During the first Indo-Pak war of October 1947, Pakistan occupied 78,114 sq km of the land of Jammu and Kashmir, including the ‘Northern Areas’.  The Northern Areas is the other name of Gilgit-Baltistan that Pakistan has used for administrative reasons because it was a disputed territory. Gilgit -Baltistan will become the fifth State of Pakistan after Sindh, Punjab, Balochistan and Khyber Pakhtunkhwa  Gilgit -Baltistan was separated from Pakistan Occupied Kashmir on April 28, 1949. It became centrally administered region. On March 2, 1963, Pakistan gave away 5,180 sq km of the region to China, despite local protests  Full article is available on our website  https://upsconline.com/gilgit-baltistan-dispute/

REDACTIVE PRICING AUDIT

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 According to former Secretary General of Lok Sabha, P D T Achary, there is no provision for any redaction of a CAG report, nor is there a precedent. There is no such thing under the law, under the Constitution Redaction has not happened so far, the word is new to the system.   CAG reports are submitted to Parliament & go to the PAC. Finance Minister lays them on the table of the house. PAC is assisted by the CAG; in fact, CAG can be said to be a part of the PAC setup.   Redactive pricing in the ‘Performance Audit Report of the Comptroller and Auditor General of India on Capital Acquisition in Indian Air Force (Union Government – Defence Services, Air Force, Report No. 3 of 2019)’ is the first experiment in CAG history of India.  Full article is available on our website https://upsconline.com/redactive-pricing-audit/ 

PLEA BARGAINING

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In India, the concept was not part of law until 2006 There has always been a provision in the Code of Criminal Procedure for an accused to plead ‘guilty’ instead of claiming the right to a full trial, but it is not the same as plea bargaining. The Law Commission in its 142nd Report, mooted the idea of “concessional treatment” of those who plead guilty, but was careful to underscore that it would not involve any plea bargaining or “haggling” with the prosecution.Plea bargaining was introduced in 2006 as part of a set of amendments to the CrPC as Chapter XXI-A, containing Sections 265A to 265L.  Full article is available on our website  https://upsconline.com/plea-bargaining/  

THEORY OF RELATIVE DEPRIVATION

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 Relative deprivation is a measure of social poverty, often resulting in social isolation, limited social mobility, physical and mental stress, low self‐worth, and an effort–reward imbalance.  Marx (1847) captures the intuitive appeal of relative deprivation (RD) as an explanation for social behavior. If comparisons to other people, groups or even themselves at different points in time lead people to believe that they do not have what they deserve, they will be angry and resentful.  Full article is available on the following link https://upsconline.com/theory-of-relative-deprivation/

DOCTRINE OF LIVING TREE

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 https://upsconline.com/doctrine-of-living-tree/ The Living Tree Doctrine was first recognized in the case of Edwards v. Canada (Attorney General) popularly known as Persons Case where Viscount Sankey stated that the British North American Act planted a living tree in the Constitution on Canada that is capable of growing and expanding in its natural limits.  This came to be known as Doctrine of Progressive Interpretation. The living tree doctrine requires “large and liberal” interpretation of the constitution.  Full article is available on the link given above 

THE BANK MORATORIUM

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A moratorium is a temporary suspension of an activity or a waiting period set by a legal authority intended to ease the short-term financial hardship or provide some time to resolve related issues.  A moratorium remains until issues that led to moratorium have been resolved. It is the solution to a short-term crisis that disrupts the normal routine of a business.  According to the RBI, the deferred instalments under the moratorium would include the following payments falling due between the said period:      a) principal and/or interest components;b) bullet repayments;      c) equated monthly instalments (EMIs); d) credit card dues. Full article is available on our given website https://upsconline.com/the-bank-moratorium/  

THE OFFICE OF PROFIT

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 The concept of disqualifying the holder of an office has developed as a necessary & inseparable part of a democratic government. The Government of India Act, 1935, made a clear & precise statement in this direction. Sub-section (1) of section 26 of the Government of India Act, 1935 provided disqualification for membership of the Federal Legislature  The expression “office of profit” has not been defined in the Constitution or in the Representation of People Act 1951.   The word ‘profit’ does not necessarily mean any remuneration in cash. But it certainly means some kind of patronage or gain which is tangible or which can be perceived.”  The full length article is available on our website link shared below  http://upsconline.com/office-of-profit/