Showing posts with label Latest. Show all posts
Showing posts with label Latest. Show all posts

Thursday, April 11, 2024

Landmark Verdict: Supreme Court Clears Delhi Metro of ₹8,000 Crore Liability


The Delhi Metro Rail Corporation (DMRC) emerged victorious as the Supreme Court quashed 8,000 crore rupee arbitral award against Delhi Metro.

DMRC
DMRC

The recent Supreme Court judgment in the Delhi Metro Rail Corporation (DMRC) case has significant implications for public-private partnerships (PPPs) and investor confidence. Let’s delve into the details of this legal saga, explore the role of Article 142 of the Indian Constitution.

Background

The dispute between Delhi Metro Rail Corporation (DMRC) and Delhi Airport Metro Express Private Limited (DAMEPL) dates back to 2008 when they entered into a PPP agreement for the Delhi Airport Metro Express project. DAMEPL, a corporation led by Reliance Infrastructure Ltd, was responsible for various systems, including rolling stock, power supply, signalling, and more. However, disputes arose, leading to the termination of the agreement by DAMEPL in 2013.


The Arbitral Award and Legal Battles

1.  Arbitration Tribunal Award: In 2017, an arbitration tribunal ruled in favor of DAMEPL, awarding damages to the tune of Rs 2,800 crore along with interest. DMRC challenged this ruling in the Delhi High Court, which overturned the arbitral award in 2019.

2. Supreme Court’s Reversal: DAMEPL appealed to the Supreme Court, which, in September 2021, reversed the High Court’s decision and upheld the arbitral award. The award, including interest, exceeded Rs 8,000 crore.

Article 142: A Tool for Complete Justice

  • Article 142 of the Indian Constitution grants the Supreme Court discretionary powers to ensure complete justice. It allows the Court to pass decrees or make orders necessary for justice in any pending cause or matter.
  • Curative Petition: DMRC filed a curative petition invoking Article 142. The Court held that its previous judgment had a “fundamental error,” resulting in a “great miscarriage of justice.” It restored the parties to their position as of the Delhi High Court’s judgment.

Bench : Three Judge bench of  Chief Justice of India D.Y. Chandrachud, Justice B.R. Gavai and Justice Surya Kant.

Hon'ble Supreme Court


The Ruling: In this recent judgment, the Supreme Court ruled in favor of DMRC, stating that there was a “fundamental error” in its previous judgment. The Court set aside the arbitral award in favour of DAMEPL, by this, DMRC got relived from a huge liability of approximately Rs 8,000 crore. It was also held that the Supreme Court made mistake in setting aside the Delhi High Court’s judgment, which had previously set aside the arbitral award against DMRC. The court found the arbitral award as “a patently illegal award,” which is, “saddling a public utility with an exorbitant liability.” 

Chief Justice D.Y. Chandrachud said DMRC had suffered a "grave miscarriage of justice" from the arbitral award of 2017. 

By restoring the parties to their position as of the date of the Delhi High Court’s judgment, the Court directed that the amounts deposited by DMRC shall be refunded, and any amount paid by DMRC as part of coercive action must be refunded. The court also ordered for discontinuation of execution proceedings for enforcing the arbitral award.  

 

Implications and Significance

1.  Correcting Injustices: Curative petitions are sparingly used and are permitted only on narrow grounds. The Supreme Court’s commitment to justice underscores the importance of such petitions.

2.  PPP Clarity: The decision provides clarity for future PPPs in infrastructure projects. PPPs play a crucial role in development, but disputes can arise. The ruling sets a precedent for similar projects.

3. Investor Confidence: The Court’s exercise of curative jurisdiction demonstrates its willingness to correct errors. This boosts investor confidence in India’s legal system and encourages investment in infrastructure projects.

 

Conclusion

The DMRC case demonstrates the delicate balance between public and private interests in infrastructure projects. As the legal landscape evolves, Article 142 remains a powerful tool for ensuring justice and maintaining investor trust.

 

 


Wednesday, January 24, 2024

Why National voters' day is celebrated on 25th January? What is the theme for this year?

 

national voter day
National Voters’ Day


National Voters’ Day: Celebrating the Power of Democracy 

Every year, on January 25, India celebrates National Voters’ Day to mark the foundation day of the Election Commission of India (ECI), the constitutional body that conducts elections in the world’s largest democracy. The ECI was established on this day in 1950, a day before India became a republic.

The main objective of National Voters’ Day is to encourage, facilitate, and maximize the enrolment and participation of voters, especially the new and young voters, who are the future of the nation. The day also aims to spread awareness and education among the voters about their rights and responsibilities, and to motivate them to make informed and ethical choices.

The theme for National Voters’ Day 2024 is “Making Our Voters Empowered, Vigilant, Safe and Informed”. This theme reflects the ECI’s commitment to ensure that every voter is able to exercise their franchise in a free, fair, safe, and accessible manner, despite the challenges posed by the COVID-19 pandemic and other factors.

National Voters’ Day is a celebration of the power and pride of democracy, and a reminder of the duty and dignity of voting. As the former President of India, Shri Ram Nath Kovind, said in his message on the occasion of National Voters’ Day 2021, “The right to vote is not only a constitutional right, but also a sacred duty. By voting, we not only express our will, but also contribute to the nation-building process.”

 

History

National Voters’ Day: A Brief History:

National Voters’ Day was first celebrated in 2011, on the occasion of the 61st anniversary of the ECI. The idea of celebrating this day was proposed by the then President of India, Smt. Pratibha Patil, in her address to the Parliament in 2010. She suggested that a day should be dedicated to the voters of the country, to honor their contribution to the democracy and to encourage their participation in the electoral process.

The ECI was established on January 25, 1950, a day before India adopted its Constitution and became a republic. The ECI is an independent and autonomous body that is responsible for conducting elections to the Parliament, the State Legislatures, the Office of the President and the Vice-President, and the local bodies. The ECI also registers and recognizes political parties, monitors their expenditure and conduct, and enforces the Model Code of Conduct during elections.

The ECI has been instrumental in ensuring free and fair elections in the country, despite the challenges of diversity, geography, population, and socio-political factors. The ECI has introduced several reforms and innovations over the years, such as the use of electronic voting machines, voter verifiable paper audit trail, photo electoral rolls, voter ID cards, electoral literacy clubs, national voter service portal, cVIGIL app, and PwD app, to enhance the efficiency, transparency, accessibility, and security of the electoral process.

The ECI has also been recognized and appreciated internationally for its achievements and best practices in election management. The ECI is a founding member of the Association of World Election Bodies (A-WEB), a global network of election management bodies. The ECI also hosts the International Election Visitors Programme (IEVP) and the International Conference on Voter Education for Inclusive, Informed, and Ethical Participation (ICE-VIEP), to share its experiences and learnings with other countries and organizations.

National Voters’ Day is a tribute to the ECI and its role in strengthening the democracy and empowering the voters in India.

National Voters’ Day 


Significance 

National Voters’ Day: Why It Matters:

National Voters’ Day is not just a ceremonial occasion, but a meaningful and impactful one. It is important for the country and its citizens, especially the young and new voters, who constitute a large and influential segment of the electorate. According to the ECI, there are about 91 crore registered voters in India, out of which about 15 crore are in the age group of 18-19 years.

National Voters’ Day aims to increase the enrolment and participation of voters, by reaching out to them through various platforms and channels, such as schools, colleges, universities, NGOs, media, and social media. The ECI also distributes voter ID cards to the new voters on this day, as a symbol of their empowerment and identity. The ECI also organizes special camps and drives to update and verify the electoral rolls, and to facilitate the registration of eligible voters who have not enrolled yet.

National Voters’ Day also aims to educate the voters about their rights and responsibilities, by providing them with relevant and reliable information and resources, such as voter guides, helplines, websites, apps, and FAQs. The ECI also conducts voter awareness and education programmes, such as Systematic Voters’ Education and Electoral Participation (SVEEP), Electoral Literacy Clubs (ELCs), and Voter Awareness Forums (VAFs), to impart knowledge and skills to the voters, especially the young and first-time voters, on various aspects of the electoral process, such as how to vote, where to vote, when to vote, and whom to vote for.

National Voters’ Day also aims to motivate the voters to make informed and ethical choices, by appealing to their conscience and values, and by discouraging them from falling prey to any inducements, influences, or pressures. The ECI also promotes the concept of “informed and ethical voting”, which means that the voters should vote on the basis of their own judgement and assessment of the candidates and parties, and not on the basis of any irrelevant factors, such as caste, religion, money, or violence. The ECI also enforces the Model Code of Conduct, which is a set of guidelines for the conduct and behavior of the candidates and parties during the election campaign, to ensure a level playing field and a fair competition.

National Voters’ Day also aims to celebrate the spirit and values of democracy, by acknowledging and appreciating the role and contribution of the voters in the nation-building process. The ECI also honors and felicitates the best electoral practices and initiatives, such as the National Awards for Excellence in Election Management, the National Media Awards, and the National CSO Awards, to recognize and reward the efforts and achievements of the election officials, the media, and the civil society organizations, who play a vital role in facilitating and enhancing the electoral process.

National Voters’ Day is a day to reaffirm our faith and commitment to the democracy and the constitution, and to express our gratitude and respect to the ECI and its functionaries, who work tirelessly and diligently to uphold the sanctity and integrity of the electoral process. As the former Chief Election Commissioner of India, Shri Sushil Chandra, said in his message on the occasion of National Voters’ Day 2022, “The ECI is committed to provide a safe, secure, accessible, and inclusive electoral environment to all the voters, especially the new voters, who are the future of our democracy. We urge all the voters to exercise their franchise in every election, and to make their vote count.”

 


 Conclusion:

National Voters’ Day: A Call to Action

In this blog, we have discussed what is National Voters’ Day, how and why it is celebrated, what is its history and significance, and what are the objectives and achievements of the ECI in conducting free and fair elections in India.

National Voters’ Day is not only a day to commemorate the ECI and its role in strengthening the democracy and empowering the voters in India, but also a day to inspire and mobilize the voters to exercise their franchise in every election, and to make their vote count. Voting is not only a constitutional right, but also a sacred duty. By voting, we not only express our will, but also contribute to the nation-building process.

As a voter, I feel proud and privileged to be a part of the world’s largest democracy, and to have a voice and a choice in the governance of my country. I have always voted in every election, and I have always made informed and ethical choices, based on my own judgement and assessment of the candidates and parties. I believe that voting is a powerful and positive way to bring about change and development in the society.

I urge all the readers of this blog, especially the young and new voters, to register and enroll themselves as voters, to educate themselves about the electoral process and the candidates and parties, to participate and vote in every election, and to make informed and ethical choices. Remember, your vote is your voice, and your voice matters.

Thank you for reading this blog. I hope you found it informative and interesting. Please share your feedback and comments below. Happy National Voters’ Day!

 

 


Sunday, January 21, 2024

Story behind Ram Mandir in Ayodhya

 

Ayodhya Temple

Ayodhya Temple: A Saga of Faith, Conflict, and Justice

Ayodhya, a city in Uttar Pradesh, India, is revered by millions of Hindus as the birthplace of Lord Rama, the hero of the epic Ramayana. For centuries, Ayodhya has been a site of pilgrimage, worship, and cultural heritage. However, it has also been a site of dispute, violence, and controversy, as the history of the Ayodhya temple reveals.

The Ayodhya temple, also known as the Ram temple, is a Hindu temple dedicated to Lord Rama, which is being constructed at the Ram Janmabhoomi, or the place where Rama was born.

However, the temple’s construction has not been smooth or easy. It has been marred by legal battles, political interventions, communal clashes, and historical controversies. The temple’s history spans over five centuries, from the Mughal era to the present day, and involves multiple actors, events, and perspectives.

In this blog, I will attempt to trace the history of the Ayodhya temple, from its origins to its completion, and examine its religious, cultural, and political implications. I will use various sources, such as historical records, archaeological reports, court judgments, and media reports, to present a balanced and objective account of the temple’s saga.


The Mughal Period (1528-1857) 

The origin of the Ayodhya dispute can be traced back to the 16th century, when the Mughal empire ruled over most of India. According to the Hindu belief, a temple dedicated to Lord Rama existed at the Ram Janmabhoomi site since ancient times. However, in 1528, the Mughal emperor Babur allegedly demolished the temple and built a mosque, known as the Babri Masjid, in its place. 

The mosque was named after Babur, and had three domes and a large courtyard. It was used by Muslims for prayers, and was considered a waqf, or a religious endowment. However, some Hindus continued to claim that the mosque was built on the ruins of a temple, and that the site was sacred to them. They also claimed that a pillar inside the mosque bore an inscription that stated that the temple was built by a king named Vishnu Hari.

The conflict between the two communities over the site intensified during the British rule, which began in 1857. The British administration tried to maintain law and order by dividing the site into two parts: the inner courtyard, where the mosque stood, and the outer courtyard, where a platform, called the Ramchabutra, was erected for Hindu worship.

However, this arrangement did not satisfy either side, and several lawsuits and petitions were filed by both Hindus and Muslims, seeking exclusive rights and possession over the site. The first such suit was filed in 1885 by a Hindu priest, Mahant Raghubir Das, who sought permission to build a temple on the Ramchabutra. The suit was dismissed by the Faizabad district court, and the appeal was rejected by the Allahabad High Court.



The Post-Independence Period (1947-1992)

After India gained independence from the British in 1947, the Ayodhya dispute entered a new phase, marked by increased religious mobilization, political involvement, and violent incidents. In 1949, a major event took place, when some Hindu activists secretly placed idols of Rama and Sita inside the mosque, and claimed that they had miraculously appeared there.

This sparked a huge uproar among the Muslims, who protested and demanded the removal of the idols. The local administration, fearing communal riots, locked the gates of the mosque, and declared it a disputed site. However, it also allowed Hindu priests to perform daily rituals and worship the idols, while Muslims were barred from entering the mosque.

In 1950, a Hindu devotee, Gopal Singh Visharad, filed a suit in the Faizabad civil court, seeking the right to worship the idols without any obstruction. In 1959, another suit was filed by the Nirmohi Akhara, a Hindu sect, claiming to be the custodian of the site and seeking its management. In 1961, a suit was filed by the Sunni Central Waqf Board, a Muslim body, claiming that the mosque was a waqf property and seeking its possession.

These suits were pending for decades, while the dispute continued to simmer and occasionally erupt in violence. In 1984, a Hindu organization, called the Vishwa Hindu Parishad (VHP), launched a nationwide campaign to build a grand temple of Rama at the disputed site, and mobilized millions of Hindus to support the cause. In 1986, a local court ordered the opening of the gates of the mosque, and allowed Hindus to worship the idols. This decision was challenged by the Muslims, who appealed to the Allahabad High Court.

In 1989, the VHP performed a symbolic foundation-laying ceremony, called the Shilanyas, near the disputed site, and announced its plan to start the construction of the temple. The same year, another suit was filed by a Hindu group, representing the deities of Rama and Sita, claiming the entire site as their property. The Allahabad High Court ordered a status quo on the site, and clubbed all the pending suits together for a final verdict.

In 1990, the then Prime Minister of India, V.P. Singh, tried to resolve the dispute by holding negotiations between the VHP and the Babri Masjid Action Committee, a Muslim group. However, the talks failed, and the VHP intensified its agitation. The then Chief Minister of Uttar Pradesh, Mulayam Singh Yadav, deployed security forces to protect the mosque, and clashed with the VHP activists, resulting in several deaths and injuries.

In 1992, the then leader of the Bharatiya Janata Party (BJP), L.K. Advani, undertook a nationwide Rath Yatra, or a chariot procession, to garner support for the temple movement. The BJP, which was a partner in the alliance government at the center, also supported the VHP’s demand for the temple. On December 6, 1992, a large crowd of Hindu activists, gathered at the site for a rally, demolished the mosque, and erected a makeshift temple in its place.

This act triggered widespread communal violence across the country, killing more than 2,000 people, and damaging the social fabric of the nation. The central government dismissed the BJP-led state government of Uttar Pradesh, and took over the administration of the site. The Allahabad High Court ordered a status quo on the site, and directed the Archaeological Survey of India (ASI) to conduct a survey to determine the history and nature of the site.



The Demolition of the Mosque (1992)


The origin of the Ayodhya dispute can be traced back to the 16th century, when the Mughal emperor Babur allegedly demolished a temple dedicated to Lord Rama and built a mosque, known as the Babri Masjid, in its place1 The mosque was used by Muslims for prayers, but some Hindus claimed that the site was sacred to them and that the mosque was built on the ruins of a temple

Babari mosque

 

The conflict between the two communities over the site intensified during the British rule and after India’s independence. In 1949, some Hindu activists secretly placed idols of Rama and Sita inside the mosque, and claimed that they had miraculously appeared there The local administration locked the gates of the mosque, and allowed Hindu priests to perform daily rituals and worship the idols, while Muslims were barred from entering the mosque.

In 1984, a Hindu organization, called the Vishwa Hindu Parishad (VHP), launched a nationwide campaign to build a grand temple of Rama at the disputed site, and mobilized millions of Hindus to support the cause. In 1986, a local court ordered the opening of the gates of the mosque, and allowed Hindus to worship the idols. This decision was challenged by the Muslims, who appealed to the Allahabad High Court.

 

In 1989, the VHP performed a symbolic foundation-laying ceremony, called the Shilanyas, near the disputed site, and announced its plan to start the construction of the temple. The same year, another suit was filed by a Hindu group, representing the deities of Rama and Sita, claiming the entire site as their property. The Allahabad High Court ordered a status quo on the site, and clubbed all the pending suits together for a final verdict.

 

In 1990, the then Prime Minister of India, V.P. Singh, tried to resolve the dispute by holding negotiations between the VHP and the Babri Masjid Action Committee, a Muslim group. However, the talks failed, and the VHP intensified its agitation. The then Chief Minister of Uttar Pradesh, Mulayam Singh Yadav, deployed security forces to protect the mosque, and clashed with the VHP activists, resulting in several deaths and injuries.

 

In 1992, the then leader of the Bharatiya Janata Party (BJP), L.K. Advani, undertook a nationwide Rath Yatra, or a chariot procession, to garner support for the temple movement. The BJP, which was a partner in the coalition government at the centre, also supported the VHP’s demand for the temple. On December 6, 1992, a large crowd of Hindu activists, gathered at the site for a rally, demolished the mosque, and erected a makeshift temple in its place.

 

This act triggered widespread communal violence across the country, killing more than 2,000 people, and damaging the social fabric of the nation. The central government dismissed the BJP-led state government of Uttar Pradesh, and took over the administration of the site. The Allahabad High Court ordered a status quo on the site, and directed the Archaeological Survey of India (ASI) to conduct a survey to determine the history and nature of the site.


The Judicial Process (1992-2019)


The demolition of the mosque and its aftermath led to a prolonged and complex legal process, involving multiple courts, commissions, and committees. In 1993, the central government acquired 67 acres of land around the disputed site, and passed a law, called the Acquisition of Certain Area at Ayodhya Act, to facilitate the settlement of the dispute. The law was challenged by several parties in the Supreme Court of India, which upheld its validity in 1994, but also stated that the status of the disputed site would be decided by the Allahabad High Court.

In 1998, the Allahabad High Court began the hearing of the title suits, and examined the evidence and arguments of the parties. In 2003, the ASI submitted its report, which stated that there was evidence of a massive structure beneath the mosque, which could be a Hindu temple. The report was contested by the Muslim parties, who alleged that it was biased and flawed.

In 2009, the Liberhan Commission, which was appointed by the central government in 1992 to investigate the demolition of the mosque, submitted its report, which indicted several BJP and VHP leaders for their role in the incident. The report also accused the state and central governments of failing to prevent the demolition and the subsequent violence. The report was criticized by the BJP and the VHP, who denied any involvement or responsibility.

In 2010, the Allahabad High Court delivered its verdict, which divided the disputed site into three parts: one-third to the deity of Rama, represented by the Hindu Mahasabha; one-third to the Sunni Central Waqf Board; and one-third to the Nirmohi Akhara. The court also declared that the site was the birthplace of Rama, and that the mosque was built after the demolition of a Hindu temple. The verdict was welcomed by some parties, but rejected by others, who appealed to the Supreme Court.

In 2011, the Supreme Court stayed the Allahabad High Court’s verdict, and admitted the appeals of the parties. In 2017, the Supreme Court suggested an out-of-court settlement through mediation, but the parties failed to reach a consensus. In 2019, the Supreme Court constituted a mediation panel, headed by former judge F.M.I. Kalifulla, to explore the possibility of an amicable resolution. The panel submitted its report, which stated that the parties had agreed to a settlement, but the details were not disclosed.

In 2019, the Supreme Court resumed the hearing of the appeals, and concluded the arguments in October. On November 9, 2019, the Supreme Court delivered its unanimous verdict, which overturned the Allahabad High Court’s verdict, and ruled that the entire disputed site belonged to the deity of Rama. The court also ordered the central government to form a trust to oversee the construction of the temple, and to allot an alternative 5-acre land to the Sunni Central Waqf Board for building a mosque. The court also invoked the Places of Worship Act, 1991, which prohibits the conversion of any place of worship, and declared that the Ayodhya verdict was not a precedent for any future disputes.

The verdict was hailed by the BJP and the VHP, who called it a historic and landmark judgment. The Sunni Central Waqf Board and the Nirmohi Akhara accepted the verdict, and expressed their willingness to cooperate with the trust. The Babri Masjid Action Committee and some Muslim groups expressed their dissatisfaction, but said they would respect the verdict. The verdict was also welcomed by several political parties, religious leaders, and civil society groups, who appealed for peace and harmony.



The Construction of the Temple (2019-2024)

The construction of the temple began in 2020, after the central government formed a trust, called the Shri Ram Janmabhoomi Teerth Kshetra, to oversee the project. The trust was headed by Mahant Nritya Gopal Das, the chief priest of the makeshift temple, and comprised of 15 members, including representatives of the VHP, the Nirmohi Akhara, and the central and state governments. The trust also appointed a construction committee, headed by Nripendra Misra, a former principal secretary to Prime Minister Modi.

The trust acquired the 67 acres of land around the disputed site, and planned to build a temple complex, which would include a main temple, a museum, a library, a research centre, a guest house, and other facilities. The trust also launched a nationwide donation drive, which collected more than 30 billion rupees ($361 million) from the public. The trust also received donations of stones, bricks, sand, and other materials from various organizations and individuals.

The design of the temple was based on the model prepared by the VHP in 1989, which was modified and enlarged by the trust. The temple was designed by Chandrakant Sompura, a renowned architect, who had also designed the Somnath temple in Gujarat. The temple was to be built in the Nagara style of architecture, with pink sandstone from Rajasthan. The temple was to have three domes, five entrances, 360 pillars, and 212 sculptures. The temple was to be 161 feet high, 235 feet wide, and 300 feet long. The temple was to house the idols of Rama, Sita, Lakshmana, and Hanuman, which were worshipped at the makeshift temple.




Who is the architect of Ayodhya temple?

The architect of the Ayodhya temple is Chandrakant B Sompura, a renowned temple architect from Ahmedabad. He belongs to a family of temple architects, who have designed more than 200 temples across India.



Conclusion

The Ayodhya temple is not just a building, but a symbol of faith, identity, and history for millions of people. It is also a testament to the diversity, complexity, and resilience of India, which has faced many challenges and changes over the centuries. The temple’s construction is a long journey, which has involved legal, political, and social aspects. The temple’s completion is also an opportunity for reconciliation, harmony, and cooperation among the different communities, who share a common heritage and culture. I hope this blog has given you some insights and perspectives on the Ayodhya temple, and its significance for India and the world. 


JAI SHREE RAM 

Thank you for reading. 


 

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