Foreign immigrants

News Flash

Over 70,000 illegal immigrants are mixed with the local population in Assam.

• Foreign Tribunals in Assam declared 91,609 persons as ‘illegal foreigners’ till March 2018. Of these, 72,486 are absconding.

 

Illegal immigrants

The 1955 Act defines an illegal migrant as a foreigner who enters India without a valid passport or travel documents or stays beyond the permitted time.

• Illegal immigrants cannot claim fundamental rights which are otherwise available even to non-citizens. Illegal immigrants may be imprisoned or deported. They and their children are ineligible for Indian citizenship under the Citizenship Act of 1955.

The National Register of Citizens is prepared to identify illegal migrants in Assam. It is the only state having an NRC, which was first prepared in 1951. It is updated intermittently. Be that as it may, in Assam the updation couldn’t be carried on since 1951 because of different political strains, for example, Assam Movement of 1980s, the language movement and other ethnic movements.

 

Foreigners Tribunal, Assam

The Illegal Migrants (Determination by Tribunal) IMDT Act was an Act of the Parliament of India enacted in 1983.  IMDT Act (1983) it described the procedures to detect illegal immigrants (from Bangladesh) and expel them from Assam.

It was applicable to the state of Assam only whereas in other states, detection of foreigners is done under The Foreigners Act, 1946.

 

Source: The Hindu

 

 

 

Article 371-J

 

News Flash

Mallikarjun Kharge (Congress leader in Lok Sabaha) being projected as the only one who worked for getting Special Status accorded to Hyderabad Karnataka region under Article 371(J) of the Constitution.

 

118th Amendment Bill, 2012

The Constitution (118th Amendment) Bill, 2012 (Insertion of new article 371J).

• A resolution to make special provisions for the Hyderabad-Karnataka Region was passed by the Legislative Assembly and Legislative Council of Karnataka in March 2012.
• The Bill seeks to insert Article 371J in the Constitution to empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region (Region includes the districts of Gulbarga, Bidar, Raichur, Koppal, Yadgir and Bellary).

 

Aim

The resolution aims to establish an institutional mechanism to develop the region and promote inclusive growth.  It aims to reduce inter-region and inter-district disparity in the State of Karnataka. 

 

Steps for development

The President may allow the Governor to take the following steps for development of the region:

(i) Setting up a development board for the Region.

(ii) Ensure equitable allocation of funds for development of the Region.

(iii) Provide for reservation in educational and vocational training institutions, and state government positions in the Region for persons from the Region.

 

Article 371 and its sub-articles, deal with special provisions for Assam, Nagaland, Gujarat, Maharashtra etc. Article 371 falls under Part 21 of the Indian Constitution.

• 371: Special Provisions for Maharashtra and Gujarat.
• 371-A: Special Provisions for Nagaland.
• 371-B: Special Provisions for Assam.
• 371-c: Special Provisions for Manipur.
• 371-D & E: Special Provisions for Andhra Pradesh.
• 371-F: Special Provisions for Sikkim.
• 371-G: Special Provisions for Mizoram.
• 371-H: Special Provisions for Arunachal Pradesh.
• 371-I: Special Provisions for Goa.
• 371-J: Special status to six backward districts of Hyderabad-Karnataka region.

Source: The Hindu

 

 

Country’s first Surveillance satellite

 

News Flash

EMISAT (Electro-Magnetic Intelligence Satellite).

• The development of this satellite had initiated under a project titled Kautilya in 2013-14.

 

EMISAT

• The Indian Space Research Organisation (ISRO) launched the country’s first electronic surveillance satellite, EMISAT.
• EMISAT was successfully injected into intended sun-synchronous polar orbit of 748 km height.
• EMISAT was jointly developed by ISRO and DRDO.
• The ISRO Telemetry Tracking and Command Network at Bengaluru assumed control of the satellite.

 

 

Features

• EMISAT will aid India’s strategic defence need adding to the armed forces’ ability to now intercept radar signals and gauge a variety of parameters and understand various details.
• Satellite will allow India to intercept the radars by detecting the electromagnet rays from ‘enemy radar’.
• Satellite can even intercept signals from radars on ships.

 

Sun Synchronous Orbits

These orbits allows a satellite to pass over a section of the Earth at the same time of day. Since there are 365 days in a year and 360 degrees in a circle, it means that the satellite has to shift its orbit by approximately one degree per day. These satellites orbit at an altitude between 700 to 800 km. These satellites use the fact since the Earth is not perfectly round (the Earth bulges in the center, the bulge near the equator will cause additional gravitational forces to act on the satellite. This causes the satellite’s orbit to either proceed or recede. These orbits are used for satellites that need a constant amount of sunlight. Satellites that take pictures of the Earth would work best with bright sunlight, while satellites that measure longwave radiation would work best in complete darkness.

 

Polar Orbits

The more correct term would be near polar orbits. These orbits have an inclination near 90 degrees. This allows the satellite to see virtually every part of the Earth as the Earth rotates underneath it. It takes approximately 90 minutes for the satellite to complete one orbit. These satellites have many uses such as measuring ozone concentrations in the stratosphere or measuring temperatures in the atmosphere.

 

Source: Times of India

 

 

 

The Fugitive Economic Offenders Bill, 2018

 

Economic offences relate to fraud, counterfeiting, money-laundering, and tax evasion, among others.  Currently, various laws contain provisions to penalise such offences.  These include:

(i) The Prevention of Money-Laundering Act (PMLA), 2002 which prohibits money-laundering.

(ii) The Benami Properties Transactions Act, 1988 which prohibits benami transactions.

(iii) The Companies Act, 2013 which punishes fraud and unlawful acceptance of deposits.   Other laws such as the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973 also cover economic offences, such as forgery and cheating.

In 2017, the Ministry of Finance released a draft Bill to address cases of high-value economic offenders fleeing the country to avoid prosecution

 

Fugitive economic offender (FEO)

An FEO is a person against whom an arrest warrant has been issued for committing any offence listed in the Schedule to the Bill, and the value of the offence is at least Rs 100 crore.  Further, the person has left the country and refuses to return, in order to avoid facing prosecution. 

The Bill lists 55 economic offences in the Schedule, which include:

(i) Counterfeiting government stamps or currency.

(ii) Dishonouring cheques.

(iii) Benami transactions.

(iv) Transactions defrauding creditors.

(v) Tax evasion.

(vi) Money-laundering. 

 

Highlights of the Bill

The Bill allows for a person to be declared as a fugitive economic offender (FEO) if:

(i) An arrest warrant has been issued against him for any specified offences where the value involved is over Rs 100 core.

(ii) He has left the country and refuses to returns to face prosecution.

Upon declaration as an FEO, properties of a person may be confiscated and vested in the central government, free of encumbrances (rights and claims in the property).

 

Key Issues and Analysis

• Under the Bill, any court or tribunal may bar an FEO or an associated company from filing or defending civil claims before it.  Barring these persons from filing or defending civil claims may violate Article 21 of the Constitution i.e. the right to life.  Article 21 has been interpreted to include the right to access justice.
• Under the Bill, an FEO’s property may be confiscated and vested in the central government.  The Bill allows the Special Court to exempt properties where certain persons may have an interest in such property (e.g., secured creditors).  However, it does not specify whether the central government will share sale proceeds with any other claimants who do not have such an interest (e.g., unsecured creditors).
• The Bill does not require the authorities to obtain a search warrant or ensure the presence of witnesses before a search.  This differs from other laws, such as the Code of Criminal Procedure (CrPC), 1973, which contain such safeguards.   These safeguards protect against harassment and planting of evidence.
• The Bill provides for confiscation of property upon a person being declared an FEO.  This differs from other laws, such as CrPC, 1973, where confiscation is final two years after proclamation as absconder.

Source: The Hindu/PRS

 

 

Right to Information

 

News Flash

The government has proposed setting up bureaucrat-led committees that would sit and decide on complaints against the Chief Information Commissioner (CIC) and Information Commissioners (ICs).

The proposal was unanimously opposed by all present in the meeting.

Currently, RTI law does not allow complaints against Information commissioners. If there is a complaint against any Information Commissioner, the convention is to place it in the Commission’s meeting.

CIC attends to complaints against ICs and if there is a complaint against the CIC, it is attended to by the sitting Information Commissioners.

Issue

The central government proposed setting up of two committees — one, to receive and decide on complaints against the CIC and a second one for complaints against Information Commissioners. For the CIC, the committee is proposed to include the Cabinet Secretary; Secretary, DoPT; and a retired CIC and for ICs, the committee will include Secretary (Coordination) in the Cabinet Secretariat; Secretary, DoPT; and a retired IC.

 

Why this proposal

This proposal is an attempt by the political dispensation to influence the working of the ICs.

 

Impact of this proposal

This will take away the independence of an institution that has served the citizen’s demand for more transparency in the government. It will make the Commission more vulnerable to government pressure.

 

RTI

Right to Information Act 2005 mandates timely response to citizen requests for government information. It is an initiative taken by Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions.

Section 14 (1) of the RTI Act states that Commissioners can be removed only by the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the CIC or any IC ought on such ground be removed.   Section 14 (3) states the President may remove a Commissioner if he/she is adjudged an insolvent, has been convicted of an offence which involves moral turpitude, engages during his/her term of office in any paid employment outside, is unfit to continue in office by reason of infirmity of mind or body; or has acquired such financial or other interest as is likely to affect prejudicially his functions as the CIC or an IC.

Objective of RTI

The basic objective of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense. The Act is a big step towards making the citizens informed about the activities of the Government.

 

CIC

The Central Information Commission has been constituted with effect from 12-10-2005 under the Right to Information Act, 2005. The jurisdiction of the Commission extends over all Central Public Authorities. Central Information Commission includes 1 Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who are appointed by the President of India.

The Information Commissioners, including the CIC, carry the same status as judges of the Supreme Court and are appointed by the President of India based on recommendations of a committee chaired by the Prime Minister and including the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the PM.

Source: Indian Express

 

 

Serious Fraud Investigation Office

 

News Flash

The Serious Fraud Investigation Office (SFIO) arrested former vice-chairman of crisis-hit financial services firm IL & FS Hari Sanakaran for fraudulent conduct and causing wrongful loss to the company and its creditors.

 

SFIO

Serious Fraud Investigation Office was established in 2003 under the Ministry of corporate Affairs. Later, Section 211 of the Companies Act, 2013, accorded the statutory status to the Serious Fraud Investigation Office (SFIO).

The SFIO is involved in major fraud probes and is the co-ordinating agency with the Income Tax Department and the Central Bureau of Investigation.

Naresh Chandra Committee on Corporate governance constituted in 2002 recommended its formation.

• It works with a multi-disciplinary team, experts consisting from the field of accountancy, forensic auditing, law, information technology, company law, capital market and taxation.
• It not only uncovers the frauds but also direct and supervise the prosecution under different economic legislations through appropriate agencies.

Investigation into the affairs of a company is assigned to SFIO, where Government is of the opinion that it is necessary to investigate into the affairs of a company – (a) on receipt of a report of the Registrar or inspector under section 208 of the Companies Act, 2013; (b) on intimation of a special resolution passed by a company that its affairs are required to be investigated; (c) in the public interest; or (d) on request from any department of the Central Government or a State Government

 

IL&FS

Infrastructure Leasing & Financial Services Limited (IL&FS) is an Indian infrastructure development and finance company.

It operates through more than 250 subsidiaries including IL & FS Investment managers, IL & FS financial services and IL & FS Transportation networks India Limited (ITNL).

IL&FS was formed in 1987 as an “RBI registered Core Investment Company” by three financial institutions, namely the Central Bank of India, Housing Development Finance Corporation (HDFC) and Unit Trust of India (UTI).

Its aim was to provide finance and loans for major infrastructure projects. Later on international players, namely Mitsubishi (through Orix corporation Japan) and the Abu Dhabi Investment authority also invested in to make it financially strong. Subsequently, Life Insurance Corporation India, Orix and ADIA became its largest shareholders.

 

 

Justice System and some reforms

 

News Flash

There are so many problems in the working of justice system in India and these problems make judiciary inaccessible to the large sections of the persons from the margins of society.

 

Overburdened Single seat of the Supreme Court

Earlier suggestion and the request of the then Central government to sit in other places in the country under Article 130 of the Constitution was rejected because it was thought that the authority of the Supreme Court would get diluted. But this can not be argued as we see, for example, the Bombay High Court has four Benches — in Mumbai, Aurangabad, Nagpur and Panaji (Goa) — and the quality of its decisions or status have certainly not been diluted thereby.

 

Single seat in Delhi has some wrong implications

• Excellent lawyers from other High Courts not appea before the Supreme Court, possibly because of a large monetary burden on their clients, many of whom are impoverished.
• A monopoly of the Delhi lawyers who charge unconscionable fees even from charitable.
• Supreme Court in Delhi has been flooded with work and been reduced to a District Court instead of a Court of Final Appeal and Constitutional Court.

 

Disciplinary powers

Disciplinary powers available to Bar Councils both in Delhi and in States are more often than not ineffective. Some are politically motivated and some States do not have disciplinary committees at all. The solution to the present situation is to give the disciplinary jurisdiction back to the courts and to repeal the Advocates Act, 1961.

 

Suggestions

• The Supreme Court should reconsider setting up Benches in different States in keeping with the recommendations of the Law Commissions (125th Report and 229th Report).
• The Bar Council of India should exercise its powers under the Advocates Act, 1961 more effectively. If not, the disciplinary jurisdiction must be returned to the judiciary the Advocates Act 1961.
• Lawyers should be made irrelevant by referring more cases to trained mediators, as the Supreme Court has done in the Ayodhya dispute.

Source: The Hindu

 

 

 

MAD : Mutual assured destruction Doctrine

 

Mutually assured destruction (MAD) is a doctrine of military strategy and national security policy in which a full-scale use of nuclear weapons by two or more opposing sides would cause the complete annihilation of both the attacker and the defender. It is said that this capability of two opponent nation will create deterrence.

 

But what we see is an arm race

Theoretically, MAD is supposed to eliminate the incentive for starting a conflict but it also makes disarming almost impossible.

• Globally, the annual spend on armaments is now estimated to stand at about $1.7 trillion. Estimates of the total number of nuclear weapons in the world range from 15,000 to 20,000.
• The U.S. and Russia still maintain about 1,800 nuclear weapons in a state of high alert, ready for launch within minutes.
• According to the Global Peace Index, in 2017, the economic impact of violence globally was estimated at about $14.76 trillion, which was 12.4% of global GDP. Since 2012, there has been a 16% increase in the economic impact of violence largely due to the conflicts in Syria, Afghanistan and Iraq.

It is vital to note that having competing weapons, in terms of quality and quantity, has not acted as a deterrent either in the Israeli-Palestinian conflict or in the Syrian war or the prolonged conflict in Colombia. The U.S. is poised to spend enormous amounts of money over the next 10 years in updating and modernising its nuclear arsenal War Resisters’ International (WRI) ceaselessly serve as a counter to all those who glamorise or justify war or an arms race. Above all, they constantly draw attention to the fact that the only true security lies in dissolving enmity by going to the roots of any conflict.

 

War Resisters’ International

War Resisters’ International (WRI) works for a world without war. It is a global pacifist and antimilitarist network with over 90 affiliated groups in 40 countries. It was founded in 1921.

WRI facilitates mutual support, by

• Linking people together through publications, events and actions.
• Initiating nonviolent campaigns that actively involve local groups and individuals
• Supporting those who oppose war and who challenge its causes
• Promoting and educating people about pacifism and nonviolence

 

Three programmes important to the network:

• The Right to Refuse to Kill Programme.
• The Nonviolence Programme.
• Countering the Militarisation of Youth.

 

 

ATTENTION

#MeToo

The Me Too movement (#MeToo), is a movement against sexual harassment and sexual assault. The movement began to spread virally in October 2017 as a hashtag on social media in an attempt to demonstrate the widespread prevalence of sexual assault and harassment, especially in the workplace.

 

 

Dhimsa, a tribal dance form, Andhra Pradesh.

It is performed by the Porja caste women. A group of 15–20 women form a circle and dance praising the deity for the welfare of their domestic life. They also dance at the weddings since the women pray for peaceful and happy married life. They typically wear tribal dresses and ornaments while the leading lady also carries a peacock feather in her hand.

The dance is originated in Koraput district in Odisha but has almost become an official dance of Visakhapatnam.