Lawfully yours: By Retd Justice K Chandru
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court.
CHENNAI: Demand to bring education back on State List not without reason
The DMK government in Tamil Nadu, which has been in conflict with the Centre on several issues in the area of education, has now become more vocal in its opposition to NEET. From opposing the National Education Policy (NEP) 2020 to national-level entrance tests and deletion/addition of certain chapters in NCERT textbooks, the governments of the other states ruled by the opponents of the BJP are also likely to up the ante, given that the BJP now has lesser clout, leading a coalition government due to its reduced margin in the 18th Lok Sabha. What the political parties on both sides of the spectrum forget is that they are playing with the future of innocent lives. Is there no end to these political games? Will bringing education back on the State List from the Concurrent List of the 7th Schedule of the Constitution help in any way?
— Sankar Ram, Ayanavaram
The DMK government is not on a rhetoric on the NEET issue. Besides raising certain bonafide doubts, it had enacted valid legislation seeking exemption for the State from NEET requirement. The Governor, after keeping the Bill with him for several months, had referred it to the President. The central government, whose advice the President is bound to follow, is not acting and is delaying the Bill from becoming law. It is in this context the demand for retransfer of the subject ‘Education’ back to the State List. The transfer took place during the internal emergency (1975-77) without any popular mandate. The leaders of BJP, who were incarcerated in jail at that time under the notorious MISA, are keeping quiet and not taking a stand on retransfer.
Move consumer forum or use arbitration if builder fails you
I have invested in an apartment in a housing project on the city outskirts. While the amenities promised by the builder were impressive, on a visit to the construction site after the recent rains, I found the premises and access points inundated with rainwater and amenities lacking in quality. When asked, the builder says these are not part of the deal. I feel cheated and want to walk out of the agreement. Will I be able to claim my full money back?
— Karthikeyan, Royapuram
If you feel the builder is not adhering to the terms of the construction agreement and his services are deficient, you can approach a consumer forum or raise a dispute for arbitration if the agreement has a clause for it. If there is no clause, you can file a civil suit.