Attorney General of India Mukul Rohatgi has informed the Government that he is not interested in the extension of his tenure as Attorney General, reports NDTV“I have worked for five years as law officer under the Vajpayee government and now three years under the Modi government,I want to return to my private practice. I have a good relationship with the government… That’s why I wrote to government not to extend my term,” he reportedly told the reporters. “my only regret as AG was the Supreme Court judgment striking down National Judicial Appointments Commission”, he added.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.Senior Supreme Court Advocate Mukul Rohatgi was appointed as the 14th Attorney General of India in May … [Read more...] about Breaking: Not Interested To Continue As Attorney General : Mukul Rohatgi To Govt.
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According to reports, the Attorney General, Mukul Rohatgi has suggested to the Acting Governor of Tamil Nadu, CH.Vidyasagar Rao that he should consider directing the Tamil Nadu Legislative Assembly to call a special session, to conduct a composite floor test, for both the Chief Minister, O.Paneer Selvam, and his rival claimant, who till yesterday, was V.K.Sasikala.Following the Supreme Court’s ruling setting aside Sasikala’s acquittal by the Karnataka High Court, in the Disproportionate Assets case, Sasikala has been replaced by Edappadi Palaniswamy, as the Legislature Party leader of AIADMK, and he has duly staked his claim before the Governor today.Should the Acting Governor, follow the advice of the AG, and send a message to the Assembly to have a composite floor test for both the incumbent Chief Minister, and Palaniswamy within a week?The Law Minister, Ravishankar Prasad, in his interview to the Times Now Television this evening, has publicly expressed his … [Read more...] about Law Minister And Attorney General Disagree On Composite Floor Test As A Solution In Tamil Nadu
The Centre is reportedly working on a point-by-point rebuttal of the objections put forth by the Supreme Court of India against the Memorandum of Procedure tendered by the State.The Supreme Court of India had, on May 25, returned the Memorandum of Procedure to the Government, stating that certain clauses needed clarification. Government Sources were quoted as claiming that the collegium had highlighted ‘undesirability’ of certain clauses which were ‘not in harmony’ with the tenets of independent functioning of the judiciary.Following this, the MoP has now been referred to Attorney General Mukul Rohatgi, demanding that reasons be given for rejection of the collegium’s opinion. A top source was quoted as saying that the response to the collegium may not be sent before July.It was on December 16, 2015, the Constitution Bench of the Supreme Court had directed the Government to draft a new Memorandum of Procedure [MoP] for appointment of High Court and Supreme … [Read more...] about Centre holds on to its Memorandum of Procedure, AG Mukul Rohatgi directed to create point-by-point rebuttal
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 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
India, on Thursday, reiterated at the United Nations Human Rights Council, that it is a secular state with no state religion, and that safeguarding the rights of minorities forms an essential core of its polity, as it came under criticism from Pakistan over treatment of minorities.Speaking at the 27th session of the Universal Periodic Review Working Group in Geneva, Attorney General Mukul Rohatgi emphasized on the spirit of “Vasudhaiva Kutumbakam”, as imbibed in “India’s ancient wisdom”, and flaunted the country’s openness and diversity, which he claimed is reflected in India’s polity as well.Mr. Rohatgi repeatedly mentioned the pivotal role played by the judiciary in upholding human rights in the country. On one occasion, without naming Yakub Memon, he mentioned how he was summoned at 2 in the morning by the Supreme Court to hear his appeal.“The Right to fair trial and free legal aid up to the highest court are enshrined … [Read more...] about India Is A Secular State With No State Religion, Citizens’ Freedoms Are Well-Protected: AG Mukul Rohatgi Tells UNHRC [Read Full Text]
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?
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