ARVIND P. DATAR (for Info only, not official)

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ARVIND P. DATAR

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    ...This article is, therefore, being written after the celebrations have died down. Between 1970 and ‘77, the damage done by Indira Gandhi and her party to the Constitution and constitutional values was devastating. It left the Constitution, in the words of Nani Palkhivala, “defaced and defiled”. It is necessary to recollect how perilously close this nation was to becoming a paper democracy. Indira Gandhi commenced the aggressive path to socialism (that eventually led to financial ruin) with the nationalisation of the largest 14 banks by an ordinance in 1969. The Supreme Court upheld the nationalisation but struck down the absurd method of calculating the compensation that was to be paid. To make matters worse for the banks, this paltry compensation was then to be paid in bonds which matured after 10 years. This decision was unfortunately projected as an indication of the judiciary being pro-rich and against the poor. ...

    Indian Express on Dec. 11, 2017, 12:30 a.m.

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    ... The GST was India’s second tryst with destiny and introduced with the great hope that it would help India achieve economic greatness. But with each passing week, the new complex tax system is getting increasingly difficult to implement. Seventy years ago, India was ill prepared for a hastily imposed independence and the birth of two nations. The consequence was the tragedy of Partition. The country was equally ill prepared for the GST which came in the wake of extensive collateral damage inflicted by demonetisation. The consequence has been a serious setback to several sectors of the economy. If the GST has to be made “good and simple” it is suggested that the following “not-to-do list” be adopted, at least in the short term. One, e-way bills. The implementation of e-way bills should be postponed for at least a year. ...

    Indian Express on Sept. 28, 2017, 12:16 a.m.

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    ...Thursday morning, a bench of nine judges delivered a landmark 550-page ruling that will have far-reaching consequences for many decades to come. Although six judges delivered separate judgments, it was unanimously held that the right to privacy is protected as an “intrinsic part of the right to life and right to personal liberty under Article 21” and also as a part of the other freedoms guaranteed in the chapter of fundamental rights. This unanimous verdict has rejected the claim of the Union of India that the citizens of India did not have a fundamental right to privacy and that there was, at best, a common law right. This startling claim was based on two judgments of the Supreme Court, one in 1954 by an eight-judge bench and the other, in 1962, by a six-judge bench. In 1954, various offices of the Dalmia group were searched and this was claimed to be unconstitutional. ...

    Indian Express on Aug. 25, 2017, 12:09 a.m.


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    ... Less than a week ago, the Central government notified rules, many of which are as unconstitutional as they are senseless: A person is prohibited from bringing any type of cattle to an animal market for sale for slaughter. First, why is it unconstitutional? The ban on slaughter of cattle was a politically sensitive issue even before the Constitution came into force in 1950. In the Constituent Assembly, a few members supported a total ban but Rev. Nichols Roy made a cogent argument opposing the move, pointing out the economic consequences of maintaining old and sickly cattle, and that a large number of people consumed beef. ...

    Indian Express on May 31, 2017, 12:05 a.m.

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    ...No liquor was supplied to Indian and foreign guests even in their rooms and several hotels promptly removed miniature liquor bottles that were stocked in individual rooms. In most states, a vast majority of liquor shops had shut down — in Tamil Nadu, over 60 per cent of state-owned retail outlets had to close. This was no April Fools Day prank but part of a grand plan envisaged by the Supreme Court to reduce deaths by drunken driving. Official statistics showed that in 2015, there were 5,01,423 deaths due to accidents and 16,298 or 3.3 per cent of the total were due to drunken driving. In the past, there had been advisories from the Union of India to ban liquor shops on national and state highways but these were not implemented by the states. ...

    Indian Express on April 11, 2017, 12:05 a.m.

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    ...Illustration by: C R Sasikumar After a tumultuous 13-year journey, the Rajya Sabha finally approved the constitutional amendments that will enable the Goods and Service Tax (GST) to become a reality.Without question, the coming together of all parties was a commendable effort and the Indian GST will be the largest tax reform to be implemented anywhere in the world.The media and business leaders are euphoric, labelling this a “one nation, one tax” measure that will boost the GDP and usher in a new era of economic prosperity by significantly improving ease of doing business.One commentator even claimed that GST would “almost eliminate corruption”.In reality, the constitutional amendment is just the first step and does nothing more than enable the Centre and the states to implement a new method of taxation — GST. ...

    Indian Express on Aug. 11, 2016, midnight