ELKA Residential Building / DAAL Studio + ELKA Architects

first_imgPhotographs:  Parham Taghioff, Alireza Esfandiari, Ahmad Khosravi Manufacturers Brands with products used in this architecture project ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/883529/balkaneh-residential-building-daal-studio Clipboard CopyApartments•Fardis, Iran Area:  2270 m² Year Completion year of this architecture project 2017 Projects Iran Year:  “COPY” Manufacturers: Accurate Dorwin, Arya choob Company, DOORWIN, HEIDARI, HEIDARI BRICK, Parsa wood CompanyTeam:Helen Afzali, Mohammad Reza Esfandiari, Azin Fathi, Atoosa ShiranConstruction:Ahmad KhosraviArchitects In Charge:Ahmad Khosravi, Alireza Esfandiari, Hilda TehraniCity:FardisCountry:IranMore SpecsLess SpecsSave this picture!© Parham TaghioffRecommended ProductsEnclosures / Double Skin FacadesFranken-SchotterFacade System –  LINEAFiber Cements / CementsULMA Architectural SolutionsPaper Facade Panel in Leioa School RestorationFiber Cements / CementsDuctal®Ductal® Cladding Panels (EU)WoodLunawoodThermowood FacadesText description provided by the architects. The Elka residential building is built on a land of 624 square meters with a width of 14 meters in the Fardis district of Karaj. The project consists of five residential floors and a parking floor, with entrance to the northern side of the building. Due to the low power of property buyers in this area, the employer demanded three residential units per floor. The quality of construction in this area is very low, so the design team has devoted its efforts to reviving these forgotten qualities.Save this picture!© Alireza EsfandiariSave this picture!DiagramDue to the flatness of the wall facing the street of the surrounding buildings, an attempt has been made to design terraces out of the façade, so we have more connection with the street. The design of the terraces is modular to create more harmony with the surrounding context. Also, in order to compensate the colorless environment, we used red brick and wood as the main materials, which makes the project more prominent and creates a personality for it.Save this picture!© Alireza EsfandiariTo control the amount of light and preserve confidentiality and visibility the exterior façade is made of porous brick. behind the brick, we have the double glazed window glass that shapes the border between inside and outside of the project. This composition of brick and glass along with wooden terraces forms the façade of the building. due to the lack of sunlight in the North View, it has been tried to provide the most glass facades. However, in the southern view, due to the intensity of the sun›s exposure, as much as possible avoided large openings and only 16.5 percent of the facade is made of glass. Also, on this side, the terraces are designed inside the volume to avoid direct sunlight.Save this picture!© Parham TaghioffSave this picture!Floor PlansSave this picture!© Parham TaghioffIn the north facade, we designed living spaces near the street and bedrooms in the central part of the building to prevent as much noise pollution of the street as possible for resting areas, also with using brick and wood inside the apartment we tried to improve the quality of these spaces and, by creating a warm and intimate atmosphere, the concept of a home for living in these apartments will be strengthened.Save this picture!© Alireza EsfandiariProject gallerySee allShow lessRural House Renovation in Zhoushan / Evolution DesignSelected ProjectsKnikno House / Fabian Tan ArchitectSelected ProjectsProject locationAddress:Fardis, IranLocation to be used only as a reference. It could indicate city/country but not exact address. Share Architects: DAAL Studio, ELKA Architects Area Area of this architecture projectcenter_img Save this picture!© Parham Taghioff+ 21 Share Photographs ArchDaily Apartments ELKA Residential Building / DAAL Studio + ELKA ArchitectsSave this projectSaveELKA Residential Building / DAAL Studio + ELKA Architects ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/883529/balkaneh-residential-building-daal-studio Clipboard ELKA Residential Building / DAAL Studio + ELKA Architects “COPY” CopyAbout this officeDAAL StudioOfficeFollowELKA ArchitectsOfficeFollowProductsConcreteBrick#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousingApartmentsFardisIranPublished on November 24, 2017Cite: “ELKA Residential Building / DAAL Studio + ELKA Architects” 24 Nov 2017. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogShowerhansgroheShowers – Croma SelectGlass3MGlass Finish – FASARA™ GradationPartitionsSkyfoldVertically Folding Operable Walls – Zenith® SeriesWall / Ceiling LightsCocowebLighting – Blackspot LED Barn LightUrban ApplicationsIsland Exterior FabricatorsPublic Safety Answering Center II Envelope SystemCeilingsSculptformTimber Batten Ceiling in All Souls ChapelHanging LampsLouis PoulsenLamp – PH 5 + PH 5 MiniGlazedGrespaniaWall Tiles – Porto PetroThermalSchöckInsulation – Isokorb® Concrete to SteelCeramicsTerrealTerracotta Baguettes in Vork CenterCompositesLamitechPlastic facades PanelexCarpetsHalcyon LakeCarpet – Nobsa GreyMore products »Save世界上最受欢迎的建筑网站现已推出你的母语版本!想浏览ArchDaily中国吗?是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my streamlast_img read more

Lido 501 Apartment / Atelier Aberto Arquitetura

first_imgArchDaily Manufacturers: AutoDesk, GRAPHISOFT, Adobe Systems Incorporated, Agratto, Continente Inox, Decortiles, Eliane, Gilson Golombieski, Hommi, Imports, Marcel Dallagnol, Max Forte, Muma, Ondo, Persol, Ralo Linear Elleve, Santa Luzia, Tok&Stok, Trimble Navigation “COPY” Brazil Projects Lido 501 Apartment / Atelier Aberto ArquiteturaSave this projectSaveLido 501 Apartment / Atelier Aberto Arquitetura ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/948608/lido-501-apartment-atelier-aberto-arquitetura Clipboard Photographs Year:  “COPY” Architects: Atelier Aberto Arquitetura Area Area of this architecture project Renata Beck Lido 501 Apartment / Atelier Aberto Arquitetura Photographs:  Marcelo Donadussi Manufacturers Brands with products used in this architecture project 2020 CopyAbout this officeAtelier Aberto ArquiteturaOfficeFollowProductsWoodConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousingApartmentsInterior DesignResidential InteriorsApartment InteriorsPorto AlegreBrazilPublished on October 31, 2020Cite: “Lido 501 Apartment / Atelier Aberto Arquitetura” [Apartamento Lido 501 / Atelier Aberto Arquitetura] 31 Oct 2020. ArchDaily. Accessed 10 Jun 2021. ISSN 0719-8884Browse the CatalogSinkshansgroheBathroom Mixers – LogisVinyl Walls3MExterior Vinyl Finish – DI-NOC™ StonePartitionsSkyfoldWhere to Increase Flexibility in SchoolsTiles / Mosaic / GresiteCupa PizarrasVentilated Facade – CUPACLAD UprightGlassLAMILUXGlass Roof PR60ConcreteKrytonCrystalline Waterproofing – KIMSkylightsVELUX CommercialAtrium Longlight Skylights in ExperimentariumMetal PanelsLorin IndustriesAnodized Aluminum – Copper FinishesStonesFranken-SchotterWall Covering & CladdingWindowsRabel Aluminium SystemsMinimal Casement Windows – Rabel 8400 Slim Super Thermal PlusSwingsStudio StirlingHanging Chair – BasketWallcovering / CladdingArrigoni WoodsWood Cladding – AcousticMore products »Save世界上最受欢迎的建筑网站现已推出你的母语版本!想浏览ArchDaily中国吗?是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my stream Area:  30 m² Year Completion year of this architecture project CopyApartments, Apartment Interiors•Porto Alegre, Brazil Lead Architect: ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/948608/lido-501-apartment-atelier-aberto-arquitetura Clipboard Collaborating Architect:Rafael GuadagniniCity:Porto AlegreCountry:BrazilMore SpecsLess SpecsSave this picture!© Marcelo DonadussiRecommended ProductsWoodGustafsWood Veneered Wall & Ceiling PanelsWoodTechnowoodPergola SystemsWindowsKalwall®Facades – Window ReplacementsDoorsLonghiDoor – HeadlineText description provided by the architects. This 30m² apartment, with angled walls and a very irregular floor plan, was once a hotel room. In the historic center of Porto Alegre, the Lido Hotel has been for years a reference on the search for accommodation in the capital of Brazil’s southernmost state, close to the Matriz Plaza and the Public Market. However, the new demand for small apartments has turned this hotel into a coliving building.The client sought the office with the intention of transforming his investment, the small apartment, into a temporary “Bed and Breackfast” accommodation style, but that also included the needs of a less temporary housing, if necessary. The old hotel room should have a double bed, sofa bed, closet, desk, kitchen and bathroom.Save this picture!© Marcelo DonadussiSave this picture!Floor PlanSave this picture!© Marcelo DonadussiThe challenge of making the space more regular was the initial premise of the office. The search for parallel lines resulted in the project’s concept. A large closet, which is summarized in a multifunctional white volume, hides the plant’s “zigzag” and includes a bathroom, kitchen, as well as space for clothes and groceries. In line with this volume, the lighting, in a smooth industrial black profile and directional spots, accompanies the main flow of the apartment, drawing an “L” and illuminating the way.Save this picture!Isometric 02Save this picture!© Marcelo DonadussiThe shelves to the right of the front door contain the television, plants, books and decorative objects. The window, which faces the street and the front facade of the building, was supplied by a wooden “frame”, which finishes the peeled walls and a curtain with a shelf accompanying the entire wall of the window. This shelf was designed to accommodate plants, which would bring a little green into the house, since the view from the window is predominated by the concrete jungle of Porto Alegre’s historic center.Save this picture!© Marcelo DonadussiProject gallerySee allShow lessLife Meets Art: Inside the Homes of the World’s Most Creative PeopleArchitecture BooksBetween Water and Land: 10 Projects of Promenades and WaterfrontsArticlesProject locationAddress:Porto Alegre, Río Grande del Sur, BrazilLocation to be used only as a reference. It could indicate city/country but not exact address. Share Apartments Save this picture!© Marcelo Donadussi+ 33Curated by Matheus Pereira Sharelast_img read more

Kage Partnership publish fundraising salary survey

first_img About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving. AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis source: Kage Partnership £35,500 Kage Partnership publish fundraising salary survey Job TypeSalary Range Average Salary The Kage Partnership’s annual salary survey shows that direct marketers have gained the highest salary increase over the past year.Recruitment consultantants the Kage Partnership have published their fundraising salary survey which is based on the fundraising vacancy details of over 150 charities which have used their services in the year to January 2002.The figures, which relate only to jobs based in London, show an average salary increase of just over 3% over last year’s figure. Direct marketing fundraisers achieved the biggest increase of around 5% at both manager and officer/executive level. Advertisement £16,500  27 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Fundraising Manager£23 – 40,000 Fundraising Officer/Executive£18 – 29,000 £29,000 The salary figures used in the survey included London weighting. Overall there is still a skills shortage, and Kage found that experienced candidates were often able to negotiate starting salaries towards the top of the advertised range. £22,000 Fundraising Assistant£14 – 19,000 Howard Lake | 10 April 2002 | News Director/Head of Fundraising (small/medium size organisations)£30 – 45,000last_img read more

The Week Ahead: Senate Committee Vote on Comptroller of the Currency

first_imgHome / Daily Dose / The Week Ahead: Senate Committee Vote on Comptroller of the Currency About Author: Joey Pizzolato Joey Pizzolato is the Online Editor of DS News and MReport. He is a graduate of Spalding University, where he holds a holds an MFA in Writing as well as DePaul University, where he received a B.A. in English. His fiction and nonfiction have been published in a variety of print and online journals and magazines. To contact Pizzolato, email [email protected] Related Articles Demand Propels Home Prices Upward 2 days ago Next Thursday, September 7, the Senate Banking Committee on Banking, Housing, and Urban Affairs will convene to hold an executive session to vote on the nominations of Joseph Otting to be Comptroller of the Currency, and the Honorable Randal Quarles to be member of the Board of Governors of the Federal Reserve and Vice Chairman for the supervision of the board of governors.Otting and Quarles’ sat in a joint confirmation hearing in front of the committee back in July, where they fielded questions regarding Dodd-Frank rollbacks, the Volker Rule, and loosening regulations on banks. Some Democrats on the committee, including Senator Elizabeth Warren of Massachusetts, remained skeptical.The vote will take place at 9 a.m. EDT in the Dirksen Senate office building. Federal Reserve OCC Senate Banking Committee 2017-09-03 Joey Pizzolato Other Events in the Week Ahead: Freddie Mac Weekly Mortgage Survey, Thursday, 10 a.m. EDT.The Beige Book, Wednesday, 2 p.m. EDTFed Balance Sheet, Thursday, 4:30 p.m. EDT Subscribe Tagged with: Federal Reserve OCC Senate Banking Committee The Week Ahead: Senate Committee Vote on Comptroller of the Currency Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Demand Propels Home Prices Upward 2 days ago The Best Markets For Residential Property Investors 2 days ago September 3, 2017 1,189 Views The Week Ahead: Nearing the Forbearance Exit 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago The Best Markets For Residential Property Investors 2 days ago Previous: FCC: Do Not Call Next: Women in Housing List Recognized in MReport’s September Issue Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago  Print This Post Servicers Navigate the Post-Pandemic World 2 days ago Share Save Sign up for DS News Daily in Daily Dose, Featured, Government, Headlines, Newslast_img read more

Donegal in Top 10 for “staycations”, but Kerry comes out on top

first_imgNewsx Adverts Kerry is the most popular place to have a ‘stay-cation’ in Ireland.A new survey puts Galway in close second for top Irish destinations, with Donegal also in the top 10Angela Keegan is managing director of the myhome.ie website which carried out the research. She believes there’s one simple explanation for the trends…………….[podcast]http://www.highlandradio.com/wp-content/uploads/2010/08/stay7.mp3[/podcast] Donegal in Top 10 for “staycations”, but Kerry comes out on top Google+ Twitter Almost 10,000 appointments cancelled in Saolta Hospital Group this week Pinterest Google+ Facebook Facebook WhatsApp RELATED ARTICLESMORE FROM AUTHORcenter_img Calls for maternity restrictions to be lifted at LUH WhatsApp Previous articleFine Gael delegation meet with management at Letterkenny GeneralNext articleWoman killed in Milford crash named News Highland Pinterest LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton Twitter Three factors driving Donegal housing market – Robinson By News Highland – August 11, 2010 Guidelines for reopening of hospitality sector published NPHET ‘positive’ on easing restrictions – Donnelly last_img read more

€920,000 in funding for Donegal harbours

first_imgHomepage BannerNews Guidelines for reopening of hospitality sector published Calls for maternity restrictions to be lifted at LUH WhatsApp RELATED ARTICLESMORE FROM AUTHOR Twitter Google+ Google+ Three areas of Donegal will share over €920,000 in funding following publication of the latest round of the Fishery Harbours Capital Investment Programme.The bulk of the Donegal allocation will go to Killybegs, with money also set aside for Burtonport and Port Arthur.It’s part of a national programme worth €5 million, with Deputy Dinny Mc Ginley saying it will bring very real benefits to Donegal…Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2015/07/dinny1pm.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. €920,000 in funding for Donegal harbours Pinterest Previous articleHSE concerned in significant drop in babies being vaccinatedNext articleDUP MLa says police admit they got policing of republican funeral wrong admin center_img LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton GAA decision not sitting well with Donegal – Mick McGrath WhatsApp Nine Til Noon Show – Listen back to Wednesday’s Programme Facebook Pinterest Twitter Facebook By admin – July 21, 2015 Almost 10,000 appointments cancelled in Saolta Hospital Group this weeklast_img read more

Referendums And The Indian Constitution

first_imgColumnsReferendums And The Indian Constitution Swapnil Tripathi20 July 2020 8:45 PMShare This – xEarlier this month, Russia voted on an important referendum that brought significant changes to its Constitution. The Russians decided to grant President Putin the option of leading the country until the year 2036, by limiting a President’s Rule to two six-year terms in total rather than two consecutive terms. They also voted to effectively ban same-sex marriages in the…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginEarlier this month, Russia voted on an important referendum that brought significant changes to its Constitution. The Russians decided to grant President Putin the option of leading the country until the year 2036, by limiting a President’s Rule to two six-year terms in total rather than two consecutive terms. They also voted to effectively ban same-sex marriages in the country. Interestingly, some scholars believe that a referendum was not needed to amend the Russian Constitution. However, President Putin went ahead with it to secure legitimacy and more importantly show the nation’s faith in him. Majority of democratic nations across the world, follow the system of an indirect democracy, wherein the citizens elect their representatives, who in turn make laws, determine policies and carry on administrative work. On the other hand, in some countries citizens directly take part in the administration of the country, decide on policy issues and make laws as well. This form is called a direct democracy and a referendum is a facet/means of it. In a referendum, the citizens are called to vote in person (rather than through their elected representatives) on a policy decision to be taken by the government (for instance, United Kingdom’s decision to leave the European Union) or an amendment to their Constitution. Several nations have incorporated provisions for referendums in their Constitution. Scholars have often debated and discussed the need to have a referendum on key policy issues in India. There were talks of a referendum on issues such as the grant of statehood to Delhi and the bifurcation of undivided Andhra Pradesh, however, they did not materialise. It has long been believed, that conducting a referendum is not possible in India, as the Constitution has no provisions for it. However, there have been few instances wherein a referendum has indeed been carried out in India. In the present post, I shall discuss the position of referendums in India, starting from the discussions in the Constituent Assembly. I shall also discuss instances wherein referendums were carried out and also the attempt to include a provision for referendums in the Constitution. A.Constituent Assembly and Referendums- The Constituent Assembly while debating upon the provisions of the Constitution, witnessed a lengthy discussion on the position of a referendum. It should be noted that the original draft placed before the Assembly, had no such provisions. During the discussions on adopting a National Language in India, a member suggested conducting a referendum. Dr. Rajendra Prasad (President of the Assembly) responded to this demand, by stating that any discussions on a referendum would be futile, since there is no provision for one in the Constitution (14 September 1949). Referendums came up again, during the debate on the provisions for amending the Constitution, wherein Shri Brajeshwar Prasad advocated for referendums and listed out its advantages. He stated that a referendum recognizes the sovereignty of the people and curbs absolutism of parliamentary majority. He remarked, “Sir, I am in favour of a referendum, because referendum has many advantages. Referendum is democratic as it is only an appeal to the people, and no democratic government can have any objection to resorting to referendum in order to resolve a deadlock, when there is a conflict between Parliament and provincial governments. Secondly, I am in favour of referendum because it cures patent defects in party governments. People think that it is too radical a weapon and that a conservative people like ourselves ought not to use it without proper consideration and thought. It is conservative since it ensures the maintenance of any law or institution which the majority. of the electors effectively wish to, preserve. Therefore it cannot be a radical weapon. Thirdly, Sir, referendum is a clear recognition of the sovereignty of the people. Fourthly, it would be a strong weapon for curbing the absolutism of a party possessed of a parliamentary majority.” (17 September 1949) Dr. Ambedkar cited the examples of the Irish Constitution, Swiss Constitution and the Australian Constitution, to argue that a referendum involves an elaborate and difficult procedure and hence, has not been included in our Constitution. The idea of referendum was hence, dropped. The Assembly’s underlying belief was that the elected representatives in the Parliament would be truly reflective of the will of the people, and hence, there was no need for a separate referendum procedure. B.Independent India and Referendums- The Constitution as adopted by the Constituent Assembly, did not have any provisions for a referendum. However, the nation witnessed referendums on five key occasions. First, during the incorporation of Chandernagore within the territory of India. In 1946, Chandernagore (then a French territory) was declared a free city and the French Government decided that it intended to leave the people of French establishments in India, with a right to decide their future fate and status. Therefore, in the year 1949 a referendum was conducted in Chandernagore in 1949 wherein the citizens voted in favour of merging with the territory of India. Subsequently, the administration of Chandernagore was transferred to India (In Re Berubari, AIR 1960 SC 845). Similarly, the second instance was of the princely state of Junagadh, wherein the citizens voted to accede to India rather than Pakistan in the year 1948 [State of Saurashtra v. Memon Haji Ismail, (1960) 1 SCR 537]. The third instance was of Pondicherry (a former French territory) voting to join the Indian Union in the year 1954. The fourth and the most debated referendum concerned the future of the territories of Goa, Daman and Diu, and whether they would continue as a Union Territory or join the state of Maharashtra or Gujarat, respectively. Since the Constitution of India had no provisions for a referendum, the Union government passed the Goa, Daman and Diu (Opinion Poll) Act, 1966, giving the electors the choice to showcase their opinion. Interestingly, the constitutional validity of the Act was unsuccessfully challenged as well (PIO Fernandes v. Union of India, 1967 SCC Online GDD 7). The electors decided in favour of continuing as a Union territory. It should be noted that the government did not call the above exercise a ‘referendum’ but an Opinion Poll. However, in effect it was a referendum. The last referendum happened in the year 1975, wherein the inhabitants of Sikkim decided on their merger with India (Anjan Banerjee v. Union of India, 1993 SCC Online Cal 397). An unsuccessful attempt at a referendum was also made regarding the inclusion of Udham Singh Nagar to Uttaranchal, during the bifurcation of the state of Uttar Pradesh [Pradeep Chaudhary v. UOI, (2009) 12 SCC 248]. It should be noted that while the Constitution does not allow for referendums, the tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram, recognised under the Sixth Schedule have incorporated provisions allowing referendums in election matters [For instance, United Khasi Jaintia Hills Autonomous District (Appointment and Succession of Chief and Headman) Act, 1959]. These areas have been given such autonomy so as to protect their distinct culture. C. Demand for Re-instating Referendums in the Constitution of India- The time of the 1960s and 70s was very significant for constitutional law in India. The Union government at the time tried to usurp complete authority over the Constitution, including its complete overhaul. In the famous case of Kesavananda Bharti v. State of Kerala (1973) 4 SCC 225, the Supreme Court laid down the Basic Structure Doctrine according to which certain basic features of the Constitution could not be taken away by the Parliament, under its amending powers. In this very case, Justice Dwivedi (at par. 1784) had also remarked that in India there can be no law for a referendum, as the exclusive procedure for amending the Constitution is Article 368. Two years later, a State of Emergency was imposed in India during which grave human rights violations were committed by the government and its officials. The Union government passed the infamous 42nd Amendment [Constitution (Forty Second Amendment) Act, 1976 that gave unbridled powers to the Parliament. Therefore, when a new Union government came to power in the year 1977, it tried its best to undo the wrongs of the past. Parts of the 42nd Amendment were repealed through the 44th Amendment [Constitution (Forty Fourth Amendment) Act, 1978]. Interestingly, during the discussions on this amendment, the debate on referendums also resurfaced. Law Minister Shanti Bhushan was keen on granting additional protection to the provisions of fundamental rights and introduced a provision in the 44th Amendment that fundamental rights could be amended only through a referendum. Bhushan was also sceptical about letting the judiciary decide the components of the basic structure. He was of the view, that under the guide of protecting the basic structure, the Supreme Court could prevent a much-needed constitutional amendment. Therefore, he introduced a provision stating that wherever an amendment affected the basic features of the Constitution i.e. secularism, democracy, fundamental rights, free and fair elections, independence of the judiciary etc., the final call on it would be taken through a referendum. These provisions were part of an intense debate in the Parliament. Experts believed that the idea of a referendum was unconstitutional, as the Court in Kesavananda had categorically established that the basic structure could not be amended. Ultimately, the provisions on referendum were defeated in the Rajya Sabha and the 44th Amendment Bill was sent back to the Lok Sabha with changes. Arguably, this became the first instance in India’s parliamentary history, wherein a Constitution Amendment Bill passed by the Lok Sabha was changed and returned by the Rajya Sabha. The issue of incorporating referendums in the Constitution, was put to rest. Concluding Remarks- The Constitution of India is silent on a referendum, therefore theoretically a referendum is neither allowed nor prohibited. In other words, the government can theoretically conduct one so as to ascertain the will of the people towards a policy or a possible amendment. Based on the response, the government can take appropriate decisions, as witnessed in Goa, Daman and Diu. The only caveat with this exercise is that a referendum should not be considered as a formal tool for amending the Constitution, as that would go against the views of the Supreme Court. A country like India does not need a referendum. The periodical elections conducted, act as the referendum where people express their views at large. Constitutional expert Shri Subhash Kashyap has rightly remarked that, every election is a referendum on the basis of agenda, policy, programme and ideologies of the parties concerned. In my opinion, referendum in India shall carry the risk of stifling the voice of minorities. Even the Courts will be hesitant to interfere, knowing that the law in question is backed by the sovereign i.e. the people of India.(The author is a Delhi-based lawyer. The article was first published in his personal blog ‘The Basic Structure’. He may be reached at [email protected])  Next Storylast_img read more

SC Reserves Order On Plea Seeking Transfer Of PMCARES Fund To National Disaster Relief Fund (NDRF)

first_imgTop StoriesSC Reserves Order On Plea Seeking Transfer Of PMCARES Fund To National Disaster Relief Fund (NDRF) Sanya Talwar27 July 2020 2:38 AMShare This – xThe Supreme Court on Monday reserved judgment on the issue of transfer of funds from PMCARES Fund to NDRF for relief works in combating the Covid19 pandemic,A bench of Ashok Bhushan, R. Subhash Reddy & MR Shah was hearing the suo motu case pertaining to the plight of migrant workers amid Coronavirus induced lockdown.The bench also took up the plea by Centre for Public Interest…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court on Monday reserved judgment on the issue of transfer of funds from PMCARES Fund to NDRF for relief works in combating the Covid19 pandemic,A bench of Ashok Bhushan, R. Subhash Reddy & MR Shah was hearing the suo motu case pertaining to the plight of migrant workers amid Coronavirus induced lockdown.The bench also took up the plea by Centre for Public Interest Litigation, filed by Advocate Prashant Bhushan setting up of a National Covid Plan and lack of the same thereof along with the issue of existence of PMCARES Fund while a National Disaster Relief Fund (NDRF) was already in existence under the DMA.Senior Advocate Dushyant Dave appeared for Centre For Public Interest Litigations seeking and argued that the setting up of the PMCARES Fund was in fact, a “Fraud Upon the Constitution”, without any transparency advanced by the Dave: The 2019 plan does not provide for any relief as contemplated under the Act. Can there be No National Plan” during times of Covid? No specific scheme regarding funding. The issue of transferring funds from all other funds, including PM CARES, is also there, but that’s a secondary issue. Senior Advocate Kapil Sibal, appearing for an NGO made submissions before the bench regarding the alleged absence of a “National Plan” for tackling the pandemic situation. He said that the plan as put forth by the Solicitor General on record was not in consonance with the tenets laid down in the Disaster Management Act.Sibal: It’s a very holistic statute, I would like to read out these provisions. Section 21 is regarding a district plan. Minimum requirements regarding water, shelter etc. need to be provided. Where are these standards? Solicitor General Tushar Mehta rebutted arguments of Sibal on ground of there being a National Plan in place which counteracted the District Level issues as well. He added that the National Disaster Management Plan, from 2019, included Biological disaster, since at that time no one knew about COVID, stating that Sibal’s argument was thus “factually wrong” Senior Advocate Abhishek Manu Singhvi made submissions regarding the lack of food security, absence of health insurance benefits and the impending loom of unemployed labour amid the Coronavirus pandemic. He stated that the National Plan was devoid of any of these issues. Senior Advocate Ranjit Kumar appeared for the State of Bihar and told the Bench that a the State has been following the National Plan in consortium with National Authority.The instant case by CPIL pertains to a plea seeking transfer of all funds from PM CARES Fund which was set up to combat the COVID-19 pandemic to National Disaster Response Fund (NDRF) and setting up of a National Plan under Section 11, read with Section 10 of the Disaster Management Act, 2005, in order to deal with the current pandemic and, to lay down minimum standards of relief under Section 12 of DMA.The plea further contends that the NDRF is not being utilized by the authorities, despite the looming health crisis, and that the setting up of the PM CARES Fund is outside the scope of the DM Act. It further raises the issue of lack of transparency with regard to the PM Cares Fund, stating that it is not subject to CAG Audits and has also been proclaimed to be outside the purview of the RTI Act by not being under the definition of “public authority”.The Supreme Court had on July 9 pulled up the State of Maharashtra for its lackadaisical approach in filing a detailed affidavit in the Suo Motu case pertaining to the problems and miseries of migrant workers.A bench of Justices Ashok Bhushan, SK Kaul & MR Shah stated that since the instant suo motu case was not adversarial in nature, it was the duty of the State of Maharashtra to file a detailed affidavit and apprise the Court of the real time issues faced by Migrants.The Court was taking stock of its suo motu case along with IA’s and pleas filed for purposes of issuance of directions for safeguarding rights of Migrant Workers.Background:In May, the Top Court had taken took Suo Motu cognisance of the problems and miseries of migrant labourers who have been stranded in different parts of the country amid the Coronavirus-induced lockdown.Vide a suo motu order titled “IN RE: Problems and Miseries of Migrant Labourers” the Supreme Court bench comprising Justices Ashok Bhushan, Sanjay Kishan Kaul & MR Shah state that even though the issue is being addressed at both State and Central levels, “effective and concentrated efforts are required to redeem the situation”.In this backdrop, the Court had passed a slew of significant directions such as non-charging of fares for migrant workers for travel, providing free of cost food by the concerned state and UT to them, simplifying and speeding up the process of registration of migrants and ensuring that those walking on roads are immediately taken to shelters and provided food.Subsequently, on June 5, before reserving orders after hearing Centre, State and few intervenors, the bench had observed that it was mulling to grant 15 days time to authorities to transport migrants to their native places. It went on to pass directions in this regard:1) All States and UTs to identify stranded migrants and transport them back to native places within 15 days;2) States to consider withdrawal of all cases filed against migrants under Disaster Management Act for lockdown violations, for attempting to walk to native places, crowding at stations etc;3) In event of demand of Shramik Trains, the railways shall provide trains within 24 hours;4) Provide all schemes to migrant workers and publicise them. Help desks to be established to help migrants to avail employment opportunities;5) Centre and states to prepare a list for identification of migrant workers in a streamlined manner;6) Employment relief to be mapped out and skill-mapping to be carried out for migrants;7) Counselling centres to be established to find a way back for return travel, if they want to.On June 19, the bench clarified that its June 9 order for transportation of migrant workers to their hometowns within 15 days was mandatory.Several intervenors such as Activist Medha Patekar & Advocate Nachiketa Vajpayee had also filed their respective pleas seeking issuance of specific directions for the benefit of migrant workers.Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Delhi HC Extends Interim Protection Granted To Vinod Dua In An FIR Accusing Him of Spreading Communal Enmity Through His YouTube Show

first_imgNews UpdatesDelhi HC Extends Interim Protection Granted To Vinod Dua In An FIR Accusing Him of Spreading Communal Enmity Through His YouTube Show Karan Tripathi24 Aug 2020 1:10 AMShare This – xThe Delhi High Court on Monday extended the interim protection granted to Vinod Dua in an FIR which alleges him of spreading misinformation and causing communal enmity on his YouTube show. While extending the interim protection, the Single Bench of Justice Anup Jairam Bhambhani noted that since a similar matter is pending before the Supreme Court, the hearing in the present…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Delhi High Court on Monday extended the interim protection granted to Vinod Dua in an FIR which alleges him of spreading misinformation and causing communal enmity on his YouTube show. While extending the interim protection, the Single Bench of Justice Anup Jairam Bhambhani noted that since a similar matter is pending before the Supreme Court, the hearing in the present matter shall be adjourned till the decision of the Supreme Court is received. The court said: ‘Even if the present case and the case pending before the Supreme Court arise from different FIRs and refer to different webcasts, the essence of both is the same. Therefore, the decision of the Supreme Court shall be awaited as the same will have a bearing on this matter.’ In the last hearing, while holding that there’s no prima facie case against Mr Dua to warrant the registration of FIR, the Single Bench of Justice Anup Jairam Bhambhani had noted that there is no allegation that any adverse consequences, in terms of enmity, hatred or ill-will, muchless any violence or breach of peace, occurred as a consequence of the webcast. The FIR, which was filed by Mr Naveen Kumar, complained about a section of Vinod Dua’s YouTube show which had talked about the riots that had happened in northeast district of Delhi. The FIR further recorded that Mr Vinod Dua, through his webcast, is spreading rumours and misinformation about the sensitive issue of the Delhi riots; and that his comments/remarks in the webcast contain communal overtones, which during the current COVID crisis, is causing public disaffection, which shall cause hatred and ill-will between different communities. Senior Advocate Vikas Singh, who appeared for the Petitioner, had submitted that even though anticipatory bail has been granted to the Petitioner the continuance of investigation would amount to serious harassment of the petitioner who would be repeatedly called to the police station. Mr Singh had further argued that the complaint has not been made by some member of the common public who may be aggrieved but by a person who is admittedly a spokesperson of a ruling political party at the Centre. It was also argued by the Petitioner that there is no explanation for the inordinate delay in making the complaint and registration of the FIR, which was made more than 70 days after the webcast. Mr Piyush Singhal, who appeared for the state, had submitted that investigation in the matter is at a nascent stage, notice has only been issued to YouTube, and that the Petitioner has so far not even been called for investigation. Mr Singhal had further submitted that: ‘narration made in the offending webcast to the effect that Delhi Police should issue a fact-sheet indicating as to how many people from the minority community were picked-up and arrested; from where; in what condition and under what threat, amounts to propagating alarming news with intent to create or promote enmity, hatred or ill-will between classes,which is an offence punishable under section 505(2), and which is both cognizable and non-bailable.’ Observations of the Court In The Last Order While referring to the offence under sections 505(2) and 153A of the IPC, the court referred to the Supreme Court judgment in Manzar Sayeed Khan vs. State of Maharashtra which held that the gravamen of the offence of creating enmity between different communities, that there should be reference to a second community and the offence cannot proceed on the basis of an allegation where only one community has been mentioned. While prima facie holding that there is substantial unexplained delay in filing of the complaint and registration of the FIR, the court observed that what the complainant alleges was said in the webcast, is not what appears in the transcript of the webcast and to that extent no cognizable offence is disclosed on the basis of the material cited by the complainant warranting registration of an FIR. The court further noted that naming the three persons in the webcast and questioning the police inaction against those persons, is based on what was recorded in the Division Bench order dated 26.02.2020 in W.P.(Crl.) No.565/2020; and therefore appears to fall within the exception to section 505, at least on first blush. The court said: ‘That in view of the above factual picture, it prima-facie appears that the registration of the FIR requires to be examined on the touchstone of the law as laid down in the above-referred judicial precedents, since the steps taken so far by the State do not appear to be in consonance with such law and do not inspire much confidence.’ The court, however, also stated that without forming an opinion on the merits of this matter, this court is persuaded to think that the filing of the complaint and registration of the FIR deserve to be considered and deliberated further, before allowing investigation to proceed against the Petitioner. Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

NGOs Should Avoid Using ‘Central’ or ‘State’ or ‘National’ In Their Names As Far As Possible: Kerala High Court

first_imgNews UpdatesNGOs Should Avoid Using ‘Central’ or ‘State’ or ‘National’ In Their Names As Far As Possible: Kerala High Court LIVELAW NEWS NETWORK29 Jan 2021 9:55 PMShare This – x”NGOs or associations or societies, should not give any impression, to the public at large that, it is a statutory body”NGOs or association, or societies, as far as possible, should avoid, using the name ‘Central’ or ‘State’ or ‘National’, the Kerala High Court observed.The bench comprising the Chief Justice S. Manikumar and Justice Shaji P. Chaly directed Inspector General of Registration to take a decision that, while registering, no private body should give an impression that, it is a…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginNGOs or association, or societies, as far as possible, should avoid, using the name ‘Central’ or ‘State’ or ‘National’, the Kerala High Court observed.The bench comprising the Chief Justice S. Manikumar and Justice Shaji P. Chaly directed Inspector General of Registration to take a decision that, while registering, no private body should give an impression that, it is a statutory body.  The court observed thus in an order disposing of a writ petition filed by State Environment Protection Council, an NGO based in Chelad, Kannur District, which had challenged construction of a building in violation of Rules. While considering the plea, the bench noticed that the name of the petitioner is described as the State Environment Protection Council. Therefore, it impleaded the Inspector General of Registration to consider whether, such NGOs or association or societies, be permitted to register, with the specific words, Central or State or National.  “NGOs or associations or societies, should not give any impression, to the public at large that, it is a statutory body, under any enactment, State / Central, as the case may be. However, in the case on hand, we are of the view that the petitioner gives an impression, as if the petitioner is a statutory body. Needless to say that NGOs or association, or societies, registered under the Kerala Societies Registration Act, 1860, as far as possible, should avoid, using the name ‘Central’ or ‘State’ or ‘National’.”, the bench said.We direct the registering authority to take a decision that, while registering, no private body should give an impression that, it is a statutory body. Inspector General of Registration, State of Kerala, is directed to take appropriate decision, within two months from the date of receipt of a copy of this judgment, the Court ordered. Case : STATE ENVIRONMENT PROTECTION COUNCIL vs. STATE OF KERALA [WP(C).No.2366 OF 2015(S) ] Click here to Read/Download JudgmentRead JudgmentNext Storylast_img read more