Attorney General Mukul Rohatgi has advocated the repeal of Arbitration and Conciliation Act 1996, advising a new law with emphasis on timely settlement of business disputes and fixing greater onus on arbitrators against delay. The move is being seen as facilitating the Government’s plan to provide a business-friendly environment for foreign investors. Rohatgi had been approached by the Law Ministry for suggestions.The Government is in favor of reducing the burden over the Courts on issues concerning commercial or business disputes by reinforcing the arbitration mechanism in the country. Rohatgi suggested strict penalties such as debarment for a period of three years in case of unnecessary delay. He also recommends a ceiling of fees and expenses of arbitrators and arbitration itself. The fees can be graded into two or three levels depending on the type of dispute settlement they are presiding.He also recommended that if an objection is entertained against an award, the Court … [Read more...] about Attorney General suggests new Arbitration and Conciliation Act with timely and cost effective settlements
Legal Proceedings have reportedly been initiated against 60 people who are alleged to have stashed black money in illegal foreign account. The allegations were put forth as a result of independent investigation by Income Tax Authorities. According to the Double Taxation Treaties, the names of foreign account holders can be made public only after court proceedings begin.Sources said the complaints, under I-T laws, have been filed in various courts of the country and investigations in these cases have been completed by the taxman as these cases will get “time barred” by March 31 after which any legal action against them could not be carried out as the cases pertain to the period of 2008-2009.Last month, Attorney General Mukul Rohatgi had sent a six page opinion to the Finance Ministry, stating that the Government can sign confidentiality agreements with foreign governments in order to receive information on foreign bank account holders and black money, and such information … [Read more...] about Black Money Investigation: Government initiates legal proceedings against 60 people; Attorney General opines that such information under Treaties can be shared with Courts or relevant tax Tribunals
The Delhi High Court today pronounced that the office of the Attorney General of India is a public authority under the Right to Information Act. The Court decided the same while hearing a writ petition filed by RTI Activist Mr. Subhash Chandra Agrawal, which was against the order passed by full bench of CIC wherein the Central Information Commission had held that the office of Attorney General was not a public authority under the RTI Act.The issue came up before the High Court as when the petitioner had approached the Attorney General’s office to seek information, the office declined to accept the application and informed the petitioner, “There is no CPIO in AG’s Office”. The petitioner then approached the CIC, which decided against him. It was against the order passed by the CIC that Mr. Agrawal approached the Delhi High Court.Before the High Court, it was contended by the Mr. Agrawal, “office of the AGI is established by virtue of Article 76 of the … [Read more...] about Office of Attorney General is a public authority under the Right to Information Act: Delhi HC [Read the Judgment]
The Union Government on Thursday said the judiciary’s primacy in judicial appointments could not be perpetuated as it reiterated yet again its submission that the challenge to the NJAC Act ought to be referred to a larger Bench as the issue could not be examined without resolving the question of the judiciary’s primacy.Making a strong plea for referring the challenge to the National Judicial Appointment Commission (NJAC) to a larger Bench to re-examine whether judiciary had primacy in the appointment of judges as held by a nine judges bench in second judges case in 1993, Attorney General Mukul Rohatgi said that “it (1993 judgment) amounted to rewriting the constitution”.He said that 1993 judgment required reconsideration for addressing the question whether the “primacy of the Chief Justice of India in judicial appointments could be institutionalised for ever”.“Why primacy of CJI alone when other constitutional authorities like president, … [Read more...] about Primacy of the Chief Justice of India in judicial appointments cannot be institutionalised for ever, Attorney General Mukul Rohatgi submits before SC
In the ongoing hearing of challenges before the Supreme Court bench of justices A.K.Sikri and Ashok Bhushan, to Section 139AA of Income Tax Act, making enrolment of Aadhaar mandatory for filing Income Tax returns, the Attorney General, Mukul Rohatgi, cited a number of instances, to show that there is no absolute right to bodily integrity.Making a distinction between fingerprints and other invasive procedures, which cannot be administered without the consent of the subject, Rohatgi argued that the former does not involve injecting, and therefore, is not invasive.The examples cited by Rohatgi included regulated trade in body organs, legal restrictions on abortion after 20 weeks, drunken driving etc.Rohatgi argued that there are only two grounds of challenges, namely, breach of the Constitution and legislative competence. There is no doubt at all, he said, that Parliament has the competence to enact the impugned provisions. Secondly, he said, no enactment can be struck down on that ground … [Read more...] about “You Have No Absolute Control Over Your Body”, Attorney General Answers Aadhaar’s Critics In SC
The Times of India has reported that Senior Advocate and Constitutional Expert KK Venugopal is likely be the new Attorney General Of India.“The 86-year-old looks set to return as a law officer after a gap of 40 years. Official sources confirmed that Venugopal has emerged as the front-runner for the AG’s post and his name is likely to be announced after PM Narendra Modi’s return from the US”, states the report.In the first week of June, the Appoint Committee of the Union Cabinet had approved the extension of the term of of the Law Officers including Attorney General Mukul Rohatgi, Solicitor General Ranjit Kumar and Additional Solicitor Generals until further orders. But Rohatgi informed the Government that he is not interested in the extension of his tenure as Attorney General. … [Read more...] about Senior Advocate KK Venugopal Next Attorney General Of India?
The thirteenth Attorney General for India, Goolam Essaji Vahanvati reportedly succumbed to a cardiac arrest at Mumbai-based Kokilaben Dhirubhai Ambani hospital. He was 65 years old.Mr. Vahanvati started with his father’s chambers in 1972. He was eventually appointed as the Attorney General in June 2009 after the Congress-led UPA came to power. He had earlier served as the Solicitor General for five years during the tenure of UPA-1.In May 2012, Mr. Vahanvati was again appointed as AG till 2014, just before his three-year assignment as the top law officer of the country was coming to an end.Mr. Vahanvati had resigned from the position on May 27 this year, following the change in the government at the Centre.As Solicitor General, he appeared in key cases relating to several constitutional and revenue matters but the high point was successful defence of the challenge to the controversial 27 per cent quota for OBCs in elite central educational institutions.He also articulated … [Read more...] about Thirteenth Attorney General Goolam E. Vahanvati succumbs to cardiac arrest in Mumbai
The Attorney General for India is a constitutional office and is held by a person qualified to be appointed a judge of the Supreme Court. The Attorney General continues in office “during the pleasure of the President,”[Article 76(4)] a dignified phrase that has its medieval origins in the notion of holding office “during good behaviour.” In actual practice it means until the AG enjoys the confidence of the Prime Minister and his Council of Ministers as the country is governed by the Parliamentary form of Government in which the Prime Minister is the real head of the Government and the President is only a constitutional head who is obligated to act on the aid and advice of the Council of Ministers headed by the Prime Minister in the exercise of his powers and functions conferred upon him by the Constitution. The President can only return the advice of the Council of Ministers once for its reconsideration but thereafter he is bound to act on the same. All the … [Read more...] about The Leader of Indian Bar: Changing Horizons of the office of The Attorney-General for India
Attorney General Mukul Rohatgi today entered appearance for the Kerala bar owners in the appeal filed by them in the Supreme Court of India against the judgment passed by a Division Bench of the Kerala High Court order upholding the state government’s liquor policy confining bar licenses only to five star hotels.He submitted that he had secured special permission from the Union Government to appear for the bar owners in the case.A Division Bench of the High Court of Kerala, comprising of Justice K T Sankaran and Justice Babu Mathew P Joseph, had upheld the Kerala government’s liquor policy framed last year and subsequent amendments restricting the grant of licenses to beer and wine parlours alone. Delivering the judgment, the Division Bench had said that there was nothing in the government’s liquor policy to offend fundamental rights or which could be termed arbitrary or irrational.It had also set aside the ruling of the single judge permitting bars to function … [Read more...] about Attorney General Mukul Rohatgi appears for Kerala bar owners; Case adjourned to July 28
The Attorney General’s appearance for a private bar owner in a challenge against the Kerala Government’s liquor policy is per se unconstitutional and therefore illegal. The gravity of illegality and impropriety is only aggravated by his action of seeking indulgence of the Centre in that regard. The further fact that the Centre readily granted the permission is again shocking. The subsequent justification of the act by the Attorney General and the Minister is highly unethical. In a Constitution with a socialist preamble and federal philosophy, morality is part of legality and the line of separation is often blurred.There is a clear misreading of Rules 8 and 10 of the Law Officer (Conditions of Service) Rules, 1987, in the matter. Rule 8(a) clearly implies that there is general obligation on the Attorney General to hold brief of the Government of India or the state governments, or any university, government school or college, local authority, Public Service Commission, … [Read more...] about Appearance in Bar Case: Why Attorney General’s action is deplorable?