Group Market Hospital/Fixed Indemnity and Disease-Specific InsuranceRegulations implementing the exception for non-coordinated excepted benefits in the group market require that, to be hospital indemnity or other fixed indemnity insurance, the insurance must pay a fixed dollar amount per day (or per other time period) of hospitalization or illness (for example, $100/day) regardless of the amount of expenses incurred. Subsequent “sub-regulatory” guidance has “clarified” that group health insurance coverage in which benefits are provided in varying amounts based on the type of procedure or item, such as the type of surgery actually performed or prescription drug provided, is not a hospital indemnity or other fixed indemnity insurance excepted benefit because it does not meet the condition that benefits be provided on a per day (or per other time period, such as per week) basis, regardless of the amount of expenses incurred. … [Read more...] about Hospital and Fixed Indemnity and Disease-Specific Policies in Cross Hairs: Tri-Agency Proposed Rule Portends Some Disruption
Come November, the high court had changed quite a bit. The CISF had now taken charge and the atmosphere was in stark contrast to what it had been before. It was during this phase of change that I joined the chambers of the Lord Chief Justice as his Law Intern. I still remember the first few interactions I had with the Chief Justice. Whenever I entered his chamber, he would always insist that I sit down and feel comfortable. This wasn’t peculiar to me or anybody else, but was his general practice, that anybody who comes to meet him was to be seated. My first assignment was a matter concerning the Election Commission of India dealing with the delimitation of a particular area. I knew nothing whatsoever about this issue and had not even heard of this concept of delimitation before! Nonetheless, I promised him that I would look into it and get back to him at the soonest. It was when I was working on this matter that the famed ‘Perumal Murugan’ matter came up for hearing. … [Read more...] about As A Law Clerk To A Kashmiri Prince: My Experience Of Working With Justice Sanjay Kishan Kaul
Several Rajya Sabha members during zero-hour on 02.12.2015 very rightly demanded that salary of Parliamentarians should be one rupee more than that of country’s highest paid bureaucrat Union Cabinet Secretary. But this principle should also be for other allowances, perks, pensions and other privileges available presently to Parliamentarians which in fact cost much-much more to the nation than salaries paid to the Parliamentarians. Attending Parliamentary-sessions and meetings of Parliamentary committees is part of duties and responsibilities of Parliamentarians, and as such no extra allowances should be payable to Parliamentarians for the purpose. Since pension to government-employees has been abolished for recruitments made since the year 2004, there is no logic for continuing with system of pension for law-makers. Instead of Parliamentarians deciding their own pay, perks, facilities, pensions etc, Pay-commission’s recommendations for country’s highest paid … [Read more...] about Pay-hike for Parliamentarians for no work?
It is true that we are fed, on an almost daily basis, with the idea of an India that is fast emerging as an economic powerhouse. No less a person than the President of the United States, on his recent visit to India, had remarked, in his address to the India Parliament that “India is not simply emerging. India,” he said, “has already emerged.” This statement was greeted with enthusiasm and self-congratulation in wide sections of the media and by the public. One may not have to look very far to see what inspired the U.S. President to say these words: a clutch of high-profile, high-value acquisitions of foreign firms by Indian companies, with just the top ten high value acquisitions so far being worth around USD 21.5 billion which is more than double the amount involved in the acquisitions of Indian companies by American companies; foreign direct investment in India, till November 2010, totaling to USD 140 billion; and an average quarterly … [Read more...] about The Rule of Law and Human Rights in India
A judiciary grounded in ethics is essential if the courts are to fulfill their role in upholding the rule of law. Judicial ethics enable a judge to act impartially which is the lifeblood of the justice delivery system. It is only the ethical who can develop the habit of “closed eyes and open ear” i.e. blinds towards the party, but ‘open ears’ to law. The fundamental value in judicial ethics is impartiality and where impartiality fails, the trust corrodes. It is to be seen that there is no deficit of trust. The canons of judicial ethics aim at minimizing the effect of the judge’s political or social views or even philosophical beliefs on the outcome of cases. Constant re-examination of judicial ethics will help ensure over the time the ability of the judiciary to welcome happily public scrutiny. Judicial ethics should reflect the change in societal values (issues of euthanasia, abortions, gender equality etc.). There is much room for research and … [Read more...] about Indian Justice System: Thoughts For Progressive Orientation [Text Of Dr.LM Singhvi Memorial Lecture By Justice Dipak Misra]