Monday 01 June 2020

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What the Courts said on MoI

 

It has been argued that grants to primary schools in English is not a matter of right. It is also argued that the choice of the parents should not burden the state exchequer. But giving of grants and refusal of grants can also not be arbitrary. It is very interesting to note how the Supreme Court and the other High courts have viewed the matter.READ

Why Dalits worship English

 

It is access to education and English education(!) through the missionary schools that Bhimrao R. Ambedkar came to study at the Columbia University and London school of Economics.READ

It's not fashion - It's all about Hope

 

If primary education in mother tongue is for preservation of culture and identity, that burden has fallen on the shoulders of the have nots. The haves are simply not bothered about these issues and whether the child would integrate better with the society with the primary education in the language. READ

Discipline and Honour of Judges

 

It is this split personality of the higher judiciary that gives the power to discipline the judges. Does the theory of split personality actually work? Do the judges hear writ petitions on the judicial side without getting biased with action taken by them on administrative side? READ

Prosecuting the Chief Minister

 

To my mind the issue of sanction to prosecute the Chief Minister being within governor’s own discretion was settled. Any other view shall only be obnoxious and it will only give a feeling that the Chief Minister and the ministers are beyond the rule of law since there can be no prosecution without sanction. READ

Can NCP merge?

 

In case the NCP presses its demand and the chief minister refuses, it could lead to a confrontation leading to withdrawal of support. In case such a decision to withdraw support to the government is taken and the two ministers refuse to abide by the party line or vote against the government despite the party demand, it would tantamount to rebelling against the party. READ

Regulating the Real Estate Sector

 

Thousands of apartment owners in the state of Goa are without a valid title. They are holding on in most cases based upon agreements to sell. Many have invested their lifetime savings in buying a roof over their head, but are not owners of that roof. That is because the apartment legislations mandating conveyance of title to individual apartment purchasers or to the Housing Cooperative Societies do not exist in our state. READ

Anti-Defection Law: Goa shows the way!!!

 

A new dimension has now been added by the case of Babush Monseratte by not resigning the Taleigao seat and continuing as the member of the House. Probably Vishwajeet Rane is unable to take such a bold stand. His father being the Speaker of the House and in case of a disqualification petition, father sitting on son’s disqualification would be another first for our state which has been rightly avoided. READ

Sanatan can be banned with NIA chargesheet

 

At this stage, when the contents of the chargesheet are not known, if the NIA has enough evidence to prosecute persons under scheduled offences, then the evidence to declare association unlawful on the ground that its members undertake such activities is certainly available. READ

Special Status for Goa - A far Cry

 

To my mind, the demand to ban sale of property for residence and settlement is almost impossible in view of constitutional guarantee of residence and settlement. It has to be noted that the demand requires a change to the fundamental rights, something that is guaranteed to all the citizens of the country. READ




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Cleofato A Coutinho

Cleofato Almeida Coutinho is a senior lawyer and one of the constitutional expert in Goa. A member of Law Commission of Goa, he also teaches at Kare College of Law in Madgao.

 

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