NATIONAL NEWS
Lok Sabha passes bill that restores states’ power to make their own OBC lists
Lok Sabha on Tuesday passed a constitutional amendment bill to restore the powers of the states to make their own OBC lists, with 385 members voting in its favour and no member opposing it, PTI reported. Moving the bill for consideration and passage, Social Justice and Empowerment Minister Virendra Kumar described ‘The Constitution (127th Amendment) Bill, 2021’ as a historic legislation as 671 castes in the country would benefit from it. Kumar said the bill will restore the states’ rights to prepare their own lists of OBCs so that various communities can be given social and economic justice. The minister said the bill should be considered as the 105th Constitution Amendment bill after being renumbered. The 102nd Constitution Amendment Act of 2018 inserted articles 338B, which deals with the structure, duties and powers of the National Commission for Backward Classes, and 342A that deals with the powers of the president to notify a particular caste as an SEBC (Socially and Economically Backward Class) and the power of Parliament to change the list. Article 366 (26C) defines SEBCs. The Supreme Court has dismissed the Centre’s plea seeking a review of its May 5 majority verdict that held that the 102nd Constitution amendment took away the states’ power to notify SEBCs for the grant of quota in jobs and admissions. If this Constitution bill is not brought, 671 OBCs would not have got reservation. All of them will be benefited now, he said. Initiating the debate, Congress leader in Lok Sabha Adhir Ranjan Chowdhury extended his party’s wholehearted support to the bill but criticised the government for the 2018 amendment, saying had the government inserted the suggestion proposed by the Opposition, today’s situation would not have arisen. You tweaked the Constitution by bringing the 102nd Constitution Amendment Bill in 2018, which gave people opportunity to go to the court and finally the Supreme Court removed the states’ power, he said. Chowdhury also slammed the government for allegedly running away from debate on the issue of ‘snooping’ through the Pegasus spyware, saying that country after country. Including Hungary, the US and Israel have ordered probe into the controversial issue. The Constitutional amendment Bill requires a special majority for passage the two Houses of Parliament . There should be a majority of the total membership of the House present and the bill should be passed by a majority of not less than two-thirds of the members of that House present and voting. Some amendments moved by opposition members were rejected by the House.
Pegasus case: Place faith in SC and don’t engage in parallel proceedings and debates, says CJI
Chief Justice of India N.V. Ramana on Tuesday said petitioners in the Pegasus snooping case should place their faith in the Supreme Court and not engage in parallel proceedings and debates on social media platforms and other outlets while their case is sub judice. The Chief Justice, heading a three-judge Bench, said if they had anything to say, they should put it down in affidavits and file them in the court, where it would be debated. There should be some discipline. If they want to say something on Twitter or Facebook, it is up to them… But we expect them, having come here [to the Supreme Court], to put their faith in the court, Chief Justice Ramana observed. He stressed that questions from the Bench during court hearings should not be misconstrued. We ask questions to all of you. They may sometimes cause inconvenience to you. You may not like it, but that is the process of the court. Counsel should be responsible. If they want anything, they should bring it to the court, Chief Justice Ramana addressed lawyers, including senior advocate Kapil Sibal, who has been leading the petitioner side, while mentioning the multiple hats donned by the latter as former Union Minister and parliamentarian. Sibal, who represents senior journalists N. Ram and Sashi Kumar, agreed with the Chief Justice. He said his client, Ram, was trolled on social media after the last hearing. Sibal said trolls had latched onto an oral reference from the Bench. The court had, in the previous hearing, mentioned whether Ram’s petition had wrongly ascribed to a California court a statement that Pegasus targeted Indian journalists. But a careful reading of Ram’s petition had found no such allusions regarding the California court. In fact, Ram’s petition merely mentioned that the U.S. court was dealing with a suit filed by WhatsApp against NSO Group for targeting the mobile phones of around 1,400 users with malware. It was blown out of proportion. The man was trolled, Sibal said. Chief Justice Ramana said he had made it clear that he himself was not sure whether he had read it in Ram’s petition or in some other plea. Meanwhile, Solicitor General Tushar Mehta, for the government, sought more time to go through the multiple petitions. He asked for a short adjournment, probably till Friday. However, the CJI said he had a personal inconvenience on Friday and was not sitting. The Bench listed the case for hearing on Monday. Senior advocate C.U. Singh asked the court to issue formal notice to the government. I will take a call on Monday, Chief Justice Ramana assured. The court has, in the last hearing, said that truth has to come out in the Pegasus snooping case. The court had said that allegations of the government using Israel-based technology to spy on civilians, journalists, Ministers, parliamentarians, activists were no doubt serious provided the news reports were true.
SC fines political parties for not sharing criminal antecedents of candidates in Bihar polls
Maintaining that persons with criminal antecedents and involved in criminalisation of politics cannot be permitted to be lawmakers, the Supreme Court Tuesday held nine political parties, including the ruling BJP and Janata Dal (United) guilty of its contempt in 2020 Bihar assembly polls for disobeying an order requiring them to publish antecedents of candidates within 48 hours of selection or not less than two weeks before filing of nominations, PTI reported. While imposing varying fines on political parties, the top court lamented the apathy of the legislative wing of the government in not taking steps to decriminalise the political system. The nation continues to wait, and is losing patience. Cleansing the polluted stream of politics is obviously not one of the immediate pressing concerns of the legislative branch of government, a bench headed by Justice R F Nariman said. The bench, also comprising justice B R Gavai, imposed a fine of ₹5 lakh each on two political parties, the Communist Party of India (Marxist) and the Nationalist Congress Party, saying that they have not at all complied with the directions issued by this court. It also imposed a fine of ₹1 lakh each on Janata Dal (United), the Rashtriya Janata Dal, Lok Janshakti Party, Indian National Congress, Bharatiya Janata Party and the Communist Party of India, and asked them to deposit the money within eight weeks with the poll panel. The Rashtriya Lok Samta Party was spared the fine. The poll panel had said that 469 candidates having criminal antecedents were fielded by ten political parties in the recently held Bihar assembly polls. The bench held that the selection of candidates having criminal antecedents on the ground of mere ‘winnability’ is the violation of the apex court’s direction of February 13, 2020. The Election Commission, to whom the fine will be deposited, is directed to carry out an extensive awareness campaign to make every voter aware about his right to know and the availability of information regarding criminal antecedents of all contesting candidates, the top court directed.
Criminal cases against MPs, MLAs can be withdrawn only after HC consent: SC
The Supreme Court on Tuesday questioned the Central government’s commitment towards the speedy trial and prosecution of criminal politicians and directed that a criminal case against an MP or MLA could be withdrawn only after getting the consent of the High Court concerned. A three-judge Bench led by Chief Justice of India (CJI) N.V. Ramana mulled over forming a special bench to monitor the progress of investigation and trial of criminal cases involving politicians. The court agreed to several suggestions given by amicus curiae Vijay Hansaria and advocate Sneha Kalita in a report, including a freeze on the transfer of judicial officers trying criminal cases involving lawmakers. The amicus curiae’s report had suggested a minimum tenure of two years for these trial judges. The court accepted Hansaria and Kalita’s recommendation to adopt videoconferencing facilities to examine witnesses and for the release of funds to establish and improve virtual court facilities. It voiced doubts about the government’s resolve to bring criminal politicians to justice. The Bench pointed to how Central agencies such as the Enforcement Directorate have (ED) filed a sketchy affidavit about its cases against sitting and former MPs and MLAs. We are committed. There is no reluctance on our part, maybe just a lack of coordination. The government is committed to ensuring speedy investigation and prosecution of elected representatives involved in criminal cases, Mehta assured the court. The Bench gave the Centre a last opportunity to submit detailed reports on the cases registered by the CBI, ED and other central agencies against MPs and MLAs. Despite strict monitoring and directions, the number of pending cases have increased over a period of time. As per the status report filed by High Courts in December 2018, a total number of 4,122 cases were pending, which increased to 4,222 as per the reports filed in March 2020, and further increased to 4,859 as per reports filed in September 2020, the amicus curiae report highlighted the extent of criminalisation of politics. In September last, the apex court asked the Chief Justices of the High Courts to head special benches and immediately hear long-pending criminal cases against sitting and former legislators. Criminal trials have been held up, some for decades, because powerful MPs and MLAs had approached the High Courts and got an interim stay. Some date back nearly 40 years. Most are stuck at the stage of framing of criminal charges. These cases range from corruption to money laundering.
India calls for evacuation of nationals from Mazar-e-Sharif as Taliban forces close in
The government of India has given an urgent call for evacuation of all Indian nationals from the Afghan city of Mazar-e-Sharif. The social media handle of the Indian Consulate in the city has urged the nationals stationed in or around the city to contact officials for boarding an emergency flight later on Tuesday. The declaration has come in the backdrop of Taliban forces rushing to the periphery of the city after their latest conquest of Kunduz. A special flight is leaving from Mazar-e-Sharif to New Delhi. Any Indian nationals in and around Mazar-e-Sharif are requested to leave for India in the special flight scheduled to depart late today evening. Indian citizens desiring to leave by the special flight should immediately convey their full name, passport number, date of expiry by whatsapp at the following numbers : 0785891303 and 0785891301, said the Twitter handle of the consulate in Mazar. The development came two days after the fall of the city of Kunduz to Taliban. Taliban fighters have declared that they are now coming to capture Mazar-e-Sharif, which is the fourth largest city of Afghanistan with more than half a million people. The pre-eminent political figure of the city and its biggest warlord Atta Mohammed Noor has declared that he will fight the Taliban till the last drop of his blood. The declarations on both sides indicate a major military clash is expected to take place if Taliban attack the government forces in or around Mazar-e-Sharif. It is expected that the government of President Ashraf Ghani will put up a tough fight to save the city from falling to Taliban. The Indian announcement reflects the deteriorating law and order in Afghanistan where safety of foreign nationals has become difficult to ensure. The U.S. and the U.K. have already called upon their nationals to leave Afghanistan at the earliest after the Taliban made remarkable progress in capturing new areas increasing pressure on Kabul.
Modi asks Pralhad Joshi to make list of BJP MPs absent during statutory voting in Rajya Sabha
Prime Minister Narendra Modi took BJP MPs to task over the absence of some of them in the Rajya Sabha on Monday when the Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021 was being passed. He made his remarks during the last parliamentary party meeting of the BJP in this monsoon session of Parliament, and asked Parliamentary Affairs Minister Pralhad Joshi to make a list of absent MPs, according to sources. The censure was due to the fact that the Opposition had moved a statutory resolution asking that the Bill be sent to a Select Committee first. While the resolution was defeated and the Bill was passed by voice vote, attendance was thin among the treasury benches, with at least 20 MPs missing, according to government sources. According to those present at the meeting, Modi said he had been left with no other way than this public censure after the absence was brought to his attention as he had raised this issue earlier as well. He also asked party MPs to spread awareness about the government’s initiatives in eradication of malnutrition, creating awareness about the Ayushman Bharat scheme for health insurance, and to promote sports of all kinds and not just cricket, in their constituencies.
INTERNATIONAL NEWS
‘There should be no surprises in Indo-SriLanka relations’
India and Sri Lanka should maintain open and regular communication across multiple channels and ensure there are no surprises to either side, according to Milinda Moragoda, shortly to assume duties as Sri Lanka’s High Commissioner in New Delhi. Mr. Moragoda, who recently submitted a ‘road map’ to President Gotabaya Rajapaksa, outlining proposals for strengthening Indo-Lanka ties, said that while the relationship is evidently asymmetric, the focus must be on elevating bilateral ties from the current transactional phaseto one that is more strategic. It has to evolve into a special relationship, that should be our aim, said the High Commissioner-designate, who has been awarded a ‘Cabinet rank’ by the Sri Lankan government, effectively enabling him to report directly to President Rajapaksa. The road map itself came amid considerable strain in relations. In a surprise move earlier this year, Sri Lanka unilaterally dropped a 2019 plan to jointly develop the East Container Terminal at the Colombo Port with India and Japan. Citing domestic opposition to foreign investment in strategic national asset, the Rajapaksa administration reneged on the trilateral agreement signed by the predecessor government, instead offering the West Container Terminal to the Adani Group in India. Further, Mr. Moragoda’s strategy paper lays out plans to enhance investment prospects, religious and cultural ties, but makes no mention of expediting a political solution to Sri Lanka’s national question that has remained a cornerstone of India’s engagement. Observing that President Rajapaksa is leading a diverse coalition, Mr. Moragoda said a political solution or post-war reconciliation must be home-grown. A political solution is not all about laws and the Constitution, he said. Mr. Moragoda, 57, is a businessman and a former politician who has held key ministries in past governments. He was earlier aligned to former PM Ranil Wickremesinghe and was a prominent arbiter in the government’s peace talks with the LTTE, brokered by Norway in the early 2000s. He is also the founder of the Colombo-based think tank, Pathfinder Foundation. Mr. Moragoda has advocated the abolition of provincial councils, arguing that the structure has proved superfluous, expensive, divisive, and is fraught with inefficiency. That is my personal view, Mr. Moragoda said, of the provincial structure envisioned in Indo-Lanka Accord of 1987. I believe we should look at a model where we devolve more power to the local governments instead, while keeping a Senate at the Centre, where all ethnic groups are fairly represented, he said. Sri Lanka’s nine provincial councils have remained defunct for at least two years, pending elections. Asked about frequent calls to repeal the provincial council system, from Sinhala nationalists including those in government, Mr. Moragoda said: As of now, the provincial council system is very much part of our Constitution, and there is no threat. However, elections to the councils will have to wait until we have a consensus on a new electoral system in Parliament.
‘Hong Kong set to adopt China’s anti-sanctions law’
China’s anti-sanctions law will be implemented in some form in Hong Kong, the city’s leader confirmed on Tuesday, a move that will add fresh regulatory pressure on international companies in the finance hub. Beijing’s rubber-stamp legislature passed the law in June in response to Western penalties that were imposed following crackdowns in Hong Kong and Xinjiang. Its powers include denying visas, deportation, or seizing assets of those who formulate or comply with sanctions against Chinese businesses or officials. Foreign companies can be sued in Chinese courts for applying sanctions and the law can also be wielded against family members. On Tuesday, Hong Kong’s Chief Executive Carrie Lam confirmed Beijing had consulted her on adding the law to the city’s mini-Constitution, known as the Basic Law. The purpose of the Anti Sanctions Law is to defend our country’s sovereignty, security and development Carrie Lam interests, she told reporters. But she said Beijing could also impose the measures directly like it did with a national security law last year that snuffed out dissent. Some foreign forces, foreign governments and western media will definitely stir up this issue, hoping to weaken our status as a financial centre or the outside world’s confidence in Hong Kong, she said. International companies face being punished by each side if they adhere to either sanctions regime. A bank that refuses to implement U.S. sanctions, for example, could find itself cut off from access to the dollar. But those that adhere could find themselves in hot water with Beijing.
