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Legal Leadership Conclave on Arbitration & Mediation: the need and the problems

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Union Minister for Road Transport and Highways Nitin Gadkari

The Legal Leadership Conclave on Challenges & Future of Arbitration and Mediation in India with its stimulating and thought-provoking ideas and suggestions drew to a close with a valedictory address by former Chief Justice of India, Justice S Rajendra Babu. The highlight was a special address by Union Minister for Road Transport and Highways Nitin Gadkari.

Former union law secretary PK Malhotra also spoke briefly, observing that India is really heading to become a hub in Mediation. “Mediation is the future for settlement of disputes. The challenge is how best the implementation can be done,” he said. 

Union Minister for Road Transport and Highways Nitin Gadkari, like previous speaker, also recalled Mahatma Gandhi’s quote: “I had learnt the true practice of law. I had learned to find out the better side of human nature and to enter man’s heart. I realized that the true function of a lawyer was to unite Parties riven as under. The lesson was so indelibly burnt into me.”

Citing real life examples from his own experience, Gadkari said, “As Transport Minister, I am facing many problems for delays because of land acquisition, forest clearance and banking problem – projects get delayed. That creates lots of complications for completing the projects… Then litigation starts.”Legal Leadership Conclave

He said by itself “litigation is not the problem, but ‘Time’ is the most important factor; it takes years to resolve the issue.” The delays destroy contractors who never get justice and this is causing economic crisis in different fields in the country, Gadkari said.

He said there is need for independent, impartial, fair arbitration to settle all the disputes.

“I always say I like people who can get the things done. “That’s the reason, keeping in mind time factor, I request everyone to resolves issues keeping the time factor,” said Gadkari.

Addressing the practitioners of law, he said, “I feel that, in many litigations that are pending,  your intervention as arbitrators will really resolve the  issues and create wealth for the country.”

Former Chief Justice of India,S. RajandraBabu referred to the grand old days when not a single dispute went to courtsand matters were settled through mediation or arbitration between disputants locally.

Moving on to talk of some problems that have crept into the process of mediation and arbitration in India, he said that Arbitration was originally was supposed to settle issues in 4 months. Then, he said, “some judges dragged on some cases even to four years in recent instances.”Legal Leadership Conclave

He said that the sole purpose of alternative dispute resolution or Arbitration – whateverthe name may be –is to reduce the time, reduce the cost. It has to be time efficient, cost efficient. However, he said, “In personal experience, in Arbitration, both the purposes were not fulfilled.”

He remarked on the trend of retired judges being appointed as arbitrators to say that is “one thing to be taken care of”.

Finally, he said efficiency of Arbitration depends on the people involved – the parties, the representatives, and the arbitrators themselves. While Arbitration is not expensive, the behaviour of the people involved can make it expensive and inefficient, he said.The flexibility in Arbitration can thus be a blessing or a curse.

Editor-in-Chief, India Legal magazine, InderjitBhadwar congratulated all speakers at the conclave for their engrossing observations.  “We had Star power in keeping the audience till the last minute,” he remarked.

Thanking all honoured guests, who participated fully in spirit of mediation and Arbitration, he said, “We must sit together and reason together, which is ultimately, the only way out of conflict.”

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Hardeep Singh Puri elected unopposed to Rajya Sabha from Madhya Pradesh

Union Minister Hardeep Singh Puri has been elected unopposed to the Rajya Sabha from Madhya Pradesh after the nominations of two other candidates, including a Congress-backed nominee, were rejected.

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Hardeep Puri

Union Petroleum Minister and Bharatiya Janata Party (BJP) leader Hardeep Singh Puri has been elected unopposed to the Rajya Sabha from Madhya Pradesh. The announcement was made on Thursday after the deadline for withdrawal of nominations ended, leaving Puri as the only candidate in the contest.

Puri’s election followed the rejection of nomination papers filed by two other candidates, Kante Sayanna and Rajkumar Lohani, who was backed by the Opposition Congress. Their nominations were rejected during the scrutiny process, making Puri the sole candidate remaining in the fray.

Returning Officer Umesh Sharma formally declared Puri elected to the Upper House of Parliament. Madhya Pradesh BJP president Hemant Khandelwal collected his certificate of election from the returning officer in the presence of party MLA Rameshwar Sharma.

Why Hardeep Singh Puri was elected unopposed

The Madhya Pradesh Rajya Sabha bypoll witnessed three candidates initially entering the contest. However, the nomination papers of the two other candidates did not clear scrutiny.

Kante Sayanna and Congress-backed candidate Rajkumar Lohani had their nominations rejected during the examination of election papers. With both candidates out of the contest, Puri remained the only candidate.

As a result, the returning officer declared him elected unopposed on the final day of withdrawal of nominations on November 5.

The bypoll, if required, had been scheduled to take place on November 12.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election became necessary following the resignation of former Union minister L Murugan from the Rajya Sabha last month.

Murugan’s departure created a vacancy in the Upper House from Madhya Pradesh. His original term was scheduled to continue until April 2, 2030.

The BJP subsequently nominated Hardeep Singh Puri as its candidate for the by-election.

Puri, a former diplomat who later entered politics, currently serves as the Union Minister of Petroleum and Natural Gas.

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Amit Shah challenges Rahul Gandhi to debate SIR in Parliament

Amit Shah responded to Rahul Gandhi’s public debate challenge by inviting him to discuss the SIR exercise in Parliament. He also criticised the Congress over its demand for Chief Election Commissioner Gyanesh Kumar’s resignation.

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Union Home Minister Amit Shah has challenged Congress leader Rahul Gandhi to take up his demand for a public debate with Prime Minister Narendra Modi in Parliament, saying the government is ready to convene a special session to discuss the Special Intensive Revision (SIR) exercise.

Addressing a rally in Haryana’s Karnal, Shah directly responded to Gandhi’s challenge to the Prime Minister, asking the Congress leader to write to PM Modi if he wanted a discussion.

“I want to challenge Rahul Gandhi directly. You challenge PM Modi for a discussion? If you want a discussion, simply write a letter to PM Modi. We are ready to convene a special session of Parliament to discuss the SIR exercise… Come and debate in Parliament,” Shah said.

The remarks came two days after Rahul Gandhi issued another public debate challenge to the Prime Minister.

On November 3, Gandhi wrote in a post on X that PM Modi could choose any stage or venue for a discussion. He proposed debating allegations concerning who was anti-national and who had connections with foreign forces, adding that the media and the country’s youth should also be present.

Amit Shah targets Congress over SIR controversy

During his address, Shah also criticised the Congress over its demand for the resignation of Chief Election Commissioner Gyanesh Kumar.

Referring to the 2014, 2019 and 2024 Lok Sabha elections, the Home Minister argued that the Congress had lost despite no Special Intensive Revision exercise being conducted during those elections.

“Where was the SIR in 2014? You were completely wiped out even then. Where was SIR in 2019? You lost. There was no SIR in 2024 either, yet you lost again,” he said.

Shah also referred to the elections in Haryana and Maharashtra, claiming that there was no SIR exercise in either state when the Congress suffered electoral defeats.

He accused the Opposition of disrupting parliamentary proceedings and organising protests on the streets instead of allowing Parliament to function.

Shah criticises Rahul Gandhi over protests

The Home Minister further alleged that Rahul Gandhi and the Congress were creating disorder through street protests and parliamentary boycotts.

Shah said BJP workers would give a “fitting reply” if Gandhi continued to mobilise crowds on the streets.

He also questioned Gandhi’s claim to have mobilised large numbers of people for a rally in Delhi, alleging that the venue had a capacity of 70,000 and was still half empty despite an appeal to bring 10 lakh people.

“The people of the country have consistently defeated Rahul Gandhi and the Congress party. The people of the country are not with you or the Opposition alliance,” Shah said.

Amit Shah raises questions over Rahul Gandhi’s foreign visits

Shah also sought details about Rahul Gandhi’s foreign visits, arguing that people had a right to know about them.

“You’re Leader of Opposition… People have the right to know,” the Home Minister said.

His remarks came amid the continuing political confrontation between the BJP and Congress over the SIR exercise, electoral processes and the Opposition’s criticism of the Election Commission.

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Women’s cash schemes in Chhattisgarh ease inflation, not entrepreneurship

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By Neeraj Mishra

As Chhattisgarh celebrated its 26th Foundation Day with Home Minister Amit Shah as chief guest, there are worries about the cash programmes for women.

With the payment of the 33rd consecutive monthly installment of Mahtari Vandan Yojana to more than 67 lakh beneficiaries, Chhattisgarh has created a record of sorts. The 67 lakh women are supposed to have received a monthly cash dole of Rs 1000 per head in their accounts totaling to a mammoth Rs 21,350 crore. It translates into a very neat Rs 33000 per head for each married woman over the age of 21 so far.

And all these women are KYC- checked and receive the direct benefit transfer. If there are an average of  three married women in a joint family, then the amount totals to better than the average rise in paddy prices. That’s not all, there are six other women’s schemes which provide easy loans and rent free shops in good locations. These schemes pump in a further Rs 11,000 crore into each household every year. Further, the renamed MNREGA has another Rs 16,200 crore reserved for the state every year.

So far so good and it reads like a state government PR pamphlet. Now for the bad news. The cash dole has so far been absorbed by the family itself because of the inordinate rise in fuel prices. By all accounts only 23 per cent of the households who receive gas cylinders are able to continue buying it. Only 15 per cent of those who received loans for various trades including e-rickshaws have been able to sustain it. This is roughly about 41,000 women so far.

The state had also invested in physical infrastructure like sheds and shops for trades like mushroom farming, goat farming and small size hatcheries. Some shops were given rent free on prime locations in Raipur, Durg and Bilaspur etc. Most of these facilities have been abandoned as the self-help groups (SHGs) formed for the purpose haven’t been able to convert it into a profitable venture. In fact, each SHG, which usually has 11 women, is given a monthly encouragement amount of Rs 15,000 which is now being split amongst the group with nothing to show for it.  Most sheds have either broken down or have become illegally occupied. Better still, the shops have been handed over to businessmen to recover some of the cost.

“The main reason these schemes have not had the desired effect is lack of training and a general apathy on part of the entrepreneurs because of easy cash,” said an official. And that best sums it up.

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