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Analysis

Entrenched in opposing stands, PDP-BJP handshake could soon end

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mehbooba Mufti

Jammu/Srinagar, Aug 10 : The two ideologically divergent ruling partners — the Peoples Democratic Party (PDP) and the Bharatiya Janata Party (BJP) — in Jammu and Kashmir are headed straight for a showdown as the debate over the abrogation of Article 35A of the Constitution heats up.

The alliance between the PDP and the BJP which was called “the meeting of the North Pole and the South Pole” by the late PDP patron, Mufti Muhammad Sayeed, seems to be cracking at the seams.

“Why are they doing it,” a visibly disturbed Mehbooba Mufti asked as she warned that any tinkering with the special status of J&K would bring about a situation where “shouldering the national flag” in Kashmir would become impossible for pro-India parties in the state.

The Jammu-centric BJP and the Valley-centric PDP are politically “destined” to oppose each other over the highly sensitive issue.

A presidential order in 1954 brought into existence Article 35A which gives the J&K legislature powers to define the permanent residents of the state and their privileges.

A petition filed in the Supreme Court seeking abrogation of Article 35A pleads that the presidential order was not ratified by the country’s Parliament which alone has the powers to amend the Constitution.

“The President of India cannot exercise the powers to amend the Constitution which is the sole prerogative of Parliament,” says the petition, filed by an NGO.

The regional National Conference (NC) headed by Farooq Abdullah, who has been Chief Minister of the state thrice, called an opposition meeting, which was attended by the Congress, the NC and independent legislators of the state.

Abdullah told reporters after the meeting that abrogation of Article 35A would unleash an uprising that the government would not be able to handle.

A day after this statement, Mehbooba Mufti called on Abdullah to discuss ways and means to protect Article 35A.

A statement issued by the NC said the meeting was held in a cordial atmosphere. Abdullah is learnt to have advised Mehbooba to meet other like-minded leaders to work out a joint strategy for the legal defence of the article.

Senior PDP leader and a minister, Naeem Akhtar, said it was a move intended to rise above party politics in the larger interest of the state.

“This is to underline the fact that the constitutional relation between the state and the centre is based on Article 370 and provisions like Article 35A. If anybody tries to weaken these, it will weaken the constitutional relationship between the state and the centre,” Akhtar said.

He said the two leaders had agreed that it was time to rise above party politics in the interest of the state.

A meeting called by a citizens’ forum in winter capital Jammu has vehemently advocated the abrogation of Article 35A to bring J&K closer to the rest of the country.

Speakers at the meeting in Jammu accused the NC president of trying to mount pressure on the Supreme Court judges by threatening an “uprising” if the article was held as null and void by the bench hearing the petition.

The separatists have also called for a protest shutdown on August 12 against attempts to do away with the state’s special status.

It is generally argued in the Valley that abrogation of Article 35A would not only do away with the special citizenship rights of the people in J&K, but would also take to its logical conclusion the rightwing agenda of the state’s complete merger with India.

As all eyes remain fixed on the decision of the apex Court on the petition filed before it, the political temperatures in J&K are rising to a point where the “meeting of the North Pole and South Pole” would become politically as impossible as it is geographically.

By : Sheikh Qayoom

(Sheikh Qayoom can be contacted at [email protected])

Analysis

Ministry says yoga is not sport, but DU colleges still reserve seats

Colleges have autonomy to choose the sports under which they wish to give admissions. University cannot tell a college to pick a specific sport. It is their discretion. These sports do not come under Sports Ministry, nor are they regulated by it.

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Delhi University

New Delhi, June 12 (IANS) Is yoga a sport? The Ministry of Youth Affairs and Sports (MYAS) says it is not. Yet, 11 Delhi University (DU) colleges have this year reserved seats for the discipline under their sports quota.

The university and the colleges, meanwhile, have been shifting responsibility back and forth.

After recognising it as a sport in 2015, the MYAS reversed its decision the next year. “After elaborate discussion, it was concluded that yoga has various dimensions/arms in which competitions are not possible. Hence, it was agreed that Yoga cannot be termed a sport. Consequently, it may not be appropriate to recognise any organisation as NSF (national sports federation) for yoga,” the Sports Ministry had said in a letter dated December 21, 2016, to all national sports federations and the Indian Olympic Assocation.

“It was also agreed that the entire matter relating to yoga will continue to be handled by the Ministry of AYUSH,” the letter said.

When IANS contacted the DU Sports Council for a clarification, it said that the colleges had requested the university to conduct yoga trials.

“Yes, Yoga has been under sports quota and it has been there in previous years also. Last year, 19 colleges had applied for trial for Yoga under sports quota. The decision, in which sports admissions are to be made, are taken by the colleges,” Anil Kalkal, Director of the varsity sports council which conducts the centralised trials for sports quota on behalf of colleges, told IANS.

“Colleges have autonomy to choose the sports under which they wish to give admissions. University cannot tell a college to pick a specific sport. It is their discretion. These sports do not come under Sports Ministry, nor are they regulated by it,” he said.

Although colleges are entitled to choose a sport for trials and reserve seats under it, the list of sports from which they are to choose is compiled by the varsity.

Kalkal cited another factor in the form of inter-university competition, held by the Association of Indian Universities (AIU) — a non-governmental body listed under the Societies Act — as one of the reasons for considering Yoga as sport.

“If such was the thing (de-recognition) why would AIU conduct the yoga competition? The day AIU will tell us that Yoga is not a sport and stop conducting the competition, we will stop taking admission under it,” he said.

“If colleges are requesting to admit students under yoga, what can the university do? We have to conduct the trials. You should ask the colleges why they requested us to conduct yoga trials,” he said.

An official from one of the colleges which has reserved seats for Yoga this year, when contacted, passed the buck to the university.

“We consider Delhi University and AIU the governing bodies. If an activity is listed as sport by the university, we follow that. If DU tells us that it will not conduct trials in yoga then we will also give it up. Government doesn’t have a role in it,” M.P. Sharma, sports Convener at Hansraj College, told IANS.

Ambiguity on the legal sanction of quota for yoga got further worsened when an AIU official conceded that the association itself didn’t consider yoga as a sport.

“The competition is there because it helps in maintaining your body, mind and spirit. We do not consider it sport. This is not a sport. But we conduct the competition to improve the standard of performance,” said AIU Joint Secretary (Sports) Gurdeep Singh.

Singh also conceded that association’s decisions are not binding on the university.

“We have nothing to do with the DU sports quota. DU follows its own constitution. You talk to DU for this. A collective decision is made by our sports board. Whatever is in the larger interest of students, we do that. It’s not a sport but an activity, which helps strike a balance. The entire world has recognised the value of yoga, I don’t know why only here people have an issue with it,” he said.

However, in spite of what Singh said, the AIU website lists yoga as a sport in its “Calendar of Events” for 2017.

Although it is a thing which has been going on for years, some DU teachers, when apprised of the matter, called the decision (listing of yoga as sport by the university) as “arbitrary”, stating that it was never presented before the Academic or the Executive Council of the university.

“As far as reservation of seats under sports quota is concerned, we have an understanding of reserving them for only those sports which are recognised in Olympics. On what basis can they include yoga in it? asks Rajesh Jha, a DU professor and Executive Council member.

“This will end up undermining the chances of admission of those who are trained in genuine sports. This seems like a completely arbitrary decision,” he added.

Trials for yoga are scheduled to be conducted later this month.

Apart from Hansraj, Gargi College, Deshbandhu College, College of Vocational studies, and Kalindi College are few of those which have given their names for yoga trials and have reserved seats under the activity.

(Vishal Narayan can be contacted at [email protected])

— IANS

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Analysis

Global cues, inflation to dictate equity indices trend

The Central Statistics Office (CSO) is slated to release the macro-economic data points of IIP and CPI (Consumer Price Index) on June 12.

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Sensex Nifty Equity

Mumbai, June 10 : Monetary policy announcements by global central banks coupled with the upcoming release of major macro-economic data points on industrial production and inflation are expected to set the trend for the domestic equity indices.

According to market observers, other key factors such as rupee’s movements against the US dollar and fluctuations in crude oil prices as well as developments on monsoon’s progress will impact investors’ risk-taking appetite.

“Next week will have a flurry of economic data for India,” Devendra Nevgi, Founder and Principal Partner, Delta Global Partners, told IANS.

“A negative surprise in inflation data would reinforce the hawkish stance of RBI. A weaker external sector data would have an impact on INR, especially during a negative EM (emerging markets) sentiment. IIP (Index of Industrial Production) would be watched closely for an ongoing economic expansion.”

The Central Statistics Office (CSO) is slated to release the macro-economic data points of IIP and CPI (Consumer Price Index) on June 12.

Subsequently, other major macro-economic data points such as WPI (Wholesale Price Index), Current Account Deficit and Balance of Trade figures will be released.

On the global front, monetary policy announcements by the US Federal Reserve, ECB (European Central Bank) and the Bank of Japan (BoJ) will form major themes for the upcoming week.

“The US Fed rate move and language will set the tone for sentiment in EM as well Indian markets. The key is whether the US Fed pays attention to the vulnerable EM situation,” Nevgi said.

Besides, the movement of Indian rupee against the US dollar and fluctuations in global crude oil prices will also set the course for the key indices.

On a weekly basis, the Indian rupee weakened by 45 paise to close at 67.51 against the US dollar from its previous close of 67.06 per greenback.

In terms of investments, provisional figures from the stock exchanges showed that foreign institutional investors bought scrips worth Rs 1,367.22 crore during the week ended June 8, 2018.

Figures from the National Securities Depository Ltd (NSDL) revealed that foreign portfolio investors (FPIs) invested equities worth Rs 3,757.94 crore, or $560.40 million, in the last week.

Additionally, technical charts show that the National Stock Exchange (NSE)’s Nifty50 remains in an intermediate uptrend.

“Technically, with Nifty recovering from the lows of 10,552 points, the intermediate trend remains up,” said Deepak Jasani, Head of Retail Research, HDFC Securities.

“Further upsides are likely in the coming week once the immediate resistances of 10,814 points are taken out. Crucial supports to watch for any weakness are at 10,618 points.”

Last week, the key Indian equity indices — the S&P BSE Sensex and the NSE Nifty50 — rose on the back of Reserve Bank of India’s “neutral” stance on a future rate hike trajectory, along with its reform measures for the realty, bond and banking sectors and value buying.

Consequently, the barometer 30-scrip Sensitive Index (Sensex) of the BSE rose by 216.41 points or 0.61 per cent to 35,443.67 points on a weekly basis.

Similarly, the wider Nifty50 of the NSE closed last week’s trade at 10,767.65 points — up 71.45 points or 0.67 per cent — from its previous close.

(Rohit Vaid can be contacted at [email protected])

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Analysis

CBDT says RTI replies on ‘write-off’ of IT arrears were ‘erroneously sent’

According to the RTI replies, the Pr-CCIT, Hyderabad had stated that it had written off a total of Rs 3002.20 crores in two financial years, 2016-2017 and 2017-2018.

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RTI ACT

Mumbai, June 1 (IANS) In an apparent volte-face, the Central Board of Direct Taxes has said that figures of ‘write-offs’ of Income Tax arrears furnished under right to information action were sent out in error.

Responding to an IANS report “Income Tax Department writes off huge arrears, show RTI replies” on May 28, 2018, the CBDT’s official spokesperson said that the the Principal Chief Commissioner of Income Tax (Pr-CCIT) Hyderabad had provided erroneous figures of ‘write-offs’ under an RTI application filed by Chandra Shekhar Gaur, a Neemuch (Madhya Pradesh) activist.

According to the RTI replies, the Pr-CCIT, Hyderabad had stated that it had written off a total of Rs 3002.20 crores in two financial years, 2016-2017 and 2017-2018.

The CBDT spokesperson, Surabhi Ahluwalia, Commissioner of Income Tax (Media & Technical Policy) now says that the information provided was “due to an inadvertent error made by the CPIO who reported the figures of ‘Cash Collection’ or recoveries made from arrears in these years as the figures of arrears written off.”

The correct amount of arrears written off in those two years for the Andhra Pradesh & Telangana by the Pr-CCIT Hyderabad, was actually zero (Nil), as no write-off orders were passed in these (two) years, he said, adding that the RTI applicant Gaur has been informed of the mistake.

Interestingly, the IANS had sent an email to the CBDT on May 16, with specific queries on the figures and the authorisation levels for the ‘write-offs’, which was ignored for nearly 13 days.

After the IANS story was published on May 28, the CBDT swung into action with a reply.

On the figures of tax arrears, totaling to over Rs 50,000 crore, including over Rs 33,157.97 crore from Pune alone, provided under RTI by various IT offices across India, the CBDT spokesperson said it had already collected Rs 44,633 crore during 2017-2018, which was 14.6 percent higher than Rs 38,944 crore collected in the previous fiscal.

Besides, the CBDT said of the current demands, Rs 52,537 crores was recovered by the ITD in 2017-2018.

The CBDT reiterated that ‘write-off’ of arrears was a detailed and long-drawn process and only initiated for arrears which become irrecoverable “after all avenues for recovery are exhausted.”

Besides, all proposals of ‘write-off’ of arrears above Rs 5,000 are examined by a committee at Zonal, Regional and Local levels, while any proposals for ‘write-off’ above Rs 25 lakh must “be approved by CBDT” and any such amount above Rs 50 lakh need approval “by the Finance Minister.”

For small value arrears upto Rs 10,000, there are relaxations in guidelines under a fast-track process, but the rigorous process remains in place and during 2017-2018 (upto December 31, 2017), a meager amount “of Rs 5.6 crore was written off in the entire country, the spokesperson said.

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