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majority? ?
President Pranab Mukherjee has signed an ordinance to amend the Motor Vehicles Act, 1988 as
per Article 123 of Constitution. This ordinance will pave the way for plying of e-rickshaws on
roads of Delhi.
Earlier, in December 2014 Union Cabinet had approved promulgation of the ordinance as a bill
in this regard was not able to pass in the recently concluded winter session of Parliament due to
logjam in Upper House (Rajya Sabha).
Background
Previously in July 2014, Delhi High Court had banned E-rickshaws or battery-operated threewheeler vehicles on safety concerns.
Union government had brought Motor Vehicles Amendment Bill, 2014 to amend to parent Act in
order to legalize E-rickshaws. It was passed by the Lok Sabha.
Article 123 of Constitution: It gives legislative power to President. He can issue ordinances
when Parliament is in recess i.e. not in session if there is urgent need to have a law on some
urgent public matter. The ordinance has similar effect to an act of parliament.
However, every ordinance must be laid and approved by both houses of the parliament within 6
weeks from the reassembling. If not placed and approved by both houses of the parliament after
reassembling it becomes invalid.
Citizenship Act amendments will benefit PIO and will give them benefits like life-long
visa and exemption from appearing before the local police station on every visit etc.
It will also change the clause of parent Act which says that foreigners who marry Indians
must continuously stay in the country for a period of one year before they get an Indian
citizenship. In this regards they will get relief of 30 days in a year when they can travel
outside the country.
The amendment also clears the way for relaxed visa norms for minor children of OCI
cardholders.
President Pranab Mukherjee has given his assent to National Judicial Appointments Commission
(NJAC) Bill, 2014 that seeks to scrap the collegium system of appointing judges to higher
judiciary.
This bill lays down the procedure that must be followed by NJAC for appointment as Chief
Justice of India (CJI) and other Judges of the Supreme Court (SC), and appointment and transfer
Chief Justice and other Judges of High Courts (HC). This bill was passed by Parliament in
August 2014.
This assent comes after 121st Constitutional Amendment Bill, 2014 was ratified by 16 state
legislatures out of the 29.
121st Constitutional Amendment Bill, 2014: It grants Constitutional status to the NJAC and its
composition which will be headed by the Chief Justice of India.
Thus, President Assent paves the way for the setting up of NJAC, which will appoint and transfer
judges to the Supreme Courts and the 24 High Courts.
the amendment to the Arbitration and Conciliation Act are based on the 246th report of
the Law Commission of India. It seeks to remove inadequacies in its functioning.
Background
These ordinances come in the wake of Prime Ministers Madison Square Garden speech to
Indian diaspora in September 2014 where he had mentioned that both PIO and OCI cards would
be merged.
Previously, in 2013 then UPA government had first introduced Citizenship Amendment Bill.
There was also demand from PIOs to amend the Act as they were facing often stringent visa
norms that debarred them from buying property in India, in comparison to those holding OCI
card and visits to local police stations.
As per the previous provisions, PIO cardholders are eligible for 15-year visas in comparison to
lifelong vi
Consent clause and Social Impact Assessment (SIA): This amendment ordinance
relaxes the requirements of consent and SIA survey clause from parent Act for projects in
five areas namely- national security and defence, rural infrastructure and electrification,
affordable housing for the poor, development of industrial corridors and infrastructure
and social infrastructure including PPPs in which ownership rests with the
government. In this regard multi-crop irrigated land can also be acquired for these
purposes.
Brings 13 exempted Acts under it: It brings all those exempted 13 Acts of parent Act
under the purview it for the purpose of compensation as well as rehabilitation and
resettlement.
Thus, by choosing ordinance route to amend parent Act government is aiming to strike a balance
between farmers welfare and the strategic and developmental needs of the country.
Background
This Act came into force on January 1, 2014. Its objective was to transform the process of land
acquisition into a humane, participative, informed and transparent process.
It had replaced Land Acquisition Act, 1894 and hiked the compensations by four times and twice
the market value in rural areas and urban areas, respectively.
Under it there was need of consent from 70 per cent of the affected land owners in case of their
lands being acquired for a public private partnership (PPP) project. If the acquisition was meant
for private companies, consent from 80 per cent of the affected owners was required.
It also had mandated a Social Impact Assessment (SIA) survey to be held along with the process
of getting the families consent.
Previously, 13 statutes Acts were exempted from this Act. They were Ancient Monuments and
Archaeological Sites and Remains Act 1958, Atomic Energy Act 1962, Damodar Valley
Corporation Act 1948, Indian Tramways Act 1886, Land Acquisition Act 1885, Metro Railways
(Construction of Works) Act 1978, National Highways Act 1956, Petroleum and Minerals
Pipelines Act 1962, Requisitioning and Acquisition of Immovable Property Act, 1948, Coal
Bearing Areas Acquisition and Development Act 1957, Electricity Act 2003 and Railways Act
1989.
Department of Personnel and Training (DoPT) has asked all Central government employees to
declare their assets and liabilities under the provisions of Lokpal and Lokayuktas Act, 2013. In
this regards DoPT has also made mandatory for them to disclose deposits in foreign banks .
Earlier in Dember 2014, DoPT had extended the date of declaring assets till April 2015 from 31
December 2014 as per the Public Servants (Furnishing of Information and Annual Return of
Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns)
Amendment Rules, 2014.
This rules were issued in September 2014.
Some facts about rules
Central government employees must file the returns of their assets and
liabilities, including of their spouse and dependent family members every
year on March 31 on or before July 31 of that year.
These declarations will come under the Lokpal Act and in addition to various
services rules.
In this regards all Group A, B, and C employees will declare the assets under
the new rules. It should be noted that there are about 26,29, 913 employees
in these three categories.
As per the rules, assets and liabilities includes details of cash in hand, bank
deposits, investment in bonds, debentures, shares and units in companies
or mutual funds, insurance policies, provident fund, personal loans and
advance given to any person or entity, among others.
Background
Earlier in August 2014, the process of decriminalizing suicide was undertaken by government
and all states were asked to give their opinion, as they have jurisdiction over it (as law and order
is a state subject under Schedule VII of Constitution).
Even 210th Law Commission report had mentioned that attempting suicide is the manifestation
of a diseased condition of mind that needs treatment and care rather than punishment.
In 2012, World Health Organization (WHO) has listed India as one of the countries with the
highest suicide rates 21.1 per 100,000 people.
Now as a result of this decision, an attempt to suicide will not be taken as a criminal offence.
Second National Lok Adalats across the country settles 1.25 crore cases
The Second National Lok Adalat was held across India on 6th December 2014 involving the
Supreme Court, 24 high courts, districts courts and taluka-level courts.
These nationwide adalats settled nearly around 1.25 crore pending and pre-litigation cases and
brought financial relief of over 3,000 crore rupees to ordinary litigants in a single day.
It was organised by the National Legal Service Authority (NALSA) and has helped to reduce
backlog of cases by about nine percent in all the States.
Even in the Supreme Court, 28 out of 53 cases put up for settlement were disposed of and
cheques were handed out at the time of settlement itself.
In the Second National Lok Adalat, the cases settled out of court included family disputes,
matrimonial cases, motor accident claims, bank recoveries, petty criminal matters, revenue
matters, disbursement of payment under the MGNREGA and other government welfare
schemes.
About Lok Adalats
Lok Adalats (peoples courts) settle dispute through conciliation and compromise. The First Lok
Adalat was held in Una city in Junagarh district of Gujarat in 1982. Generally, Lok Adalat
accepts the cases pending in the regular courts within their jurisdiction which could be settled by
conciliation and compromise.
The decision of the Lok Adalat is binding on the parties to the dispute and its order is capable of
execution through legal process. No appeal lies against the order of the Lok Adalat.
First National Lok Adalats was held across the country in all courts on 23rd November 2013. It
had settled a record 28.26 lakh cases pending in various courts.
Supreme Court sets up Social Justice Bench to deal with social issues
Supreme Court has set up a special Social Justice Bench in order to exclusively hear cases
concerning social issues particularly those related to women, children and underprivileged
sections of society. The main intention of setting up Social Justice Bench is to provide
specialised approach which needed for dealing with these cases.
The special bench will comprise justices Madan B Lokur and U U Lalit and from 12th December
the bench which will assemble every Friday at 2 PM.
This bench will ensure early disposal of such cases and to bring fruits of the rights provided
under the Constitution to people.
It will deal specially with the matters relating to society and its members, to secure social justice,
one of the ideals of the Indian Constitution.
Under the domain of social justice, several cases highlighting social issues are included. They are
Release of surplus food grains lying in stocks for the use of people living in
the drought-affected areas to frame a fresh scheme for public distribution of
food grains.
To take steps to prevent untimely death of women and children for want of
nutritious food .
To provide safety and secure living condition for the fair gender who are
forced into prostitution etc.
Thus, by setting up the Social Justice Bench SC is trying to play a proactive role in order to
meet the goals of the Constitution by providing social justice to everyone.
Lok Sabha passes school of Planning & Architecture Bill 2014
Lok Sabha has passed School of Planning and Architecture Bill, 2014. It was passed by a voice
vote. This bill seeks to convert three Schools of Planning and Architecture (SPA) into centres of
excellence and enable them to confer degrees on students.
The bill also proposes to set up a council for the SPAs similar to IITs and NITs to advise the
central government on policy matters in the field of architecture and planning.
Its passage will benefit students of SPA Bhopal and Vijayawada who are still awaiting their
degrees. In order to confer degrees, an institute has to be made a deemed university by an act of
parliament.
About Schools of Planning and Architecture (SPA)
At present, the SPAs lists three institutes located at Bhopal, Delhi and
Vijayawada.
SPA at Delhi was established in 1948. SPAs at Bhopal and Vijayawada were
established in 2008.
The Union cabinet meeting chaired by Prime Minister Narendra Modi has given nod to for
introduction of the comprehensive Anti-Hijacking Bill, 2014 in the Parliament. The Cabinet has
also given its approval to ratify Beijing Protocol, 2010 of the UN body International Civil
Aviation Organisation (ICAO) to which India is a signatory.
Anti-Hijacking Bill, 2014 proposes
Death punishment for the offence of the hijacking, where such offence results
in the death of a hostage or of a security personal.
The current law, the Anti-Hijacking Act, 1982, which was last amended in 1994, will be repealed
after passage of this new Bill.
Background
It was felt necessary for providing death penalty award to perpetrators of the act of hijacking in
the wake of the hijacking of Indian Airlines Flight IC-814 in December 1999.
It was also necessary to amend current Indian hijacking act after the incident of 9/11, in the US
where aircraft were used as weapons.
The Anti-Hijacking (Amendment) Bill, 2010 was introduced in the Rajya Sabha in August 2010.
It was introduced during the process of amendment of a global diplomatic conference on antihijacking which was held at Beijing in August-September, 2010.
Beijing Protocol: This Protocol has brought out new principal offences in hijacking. This
protocol is combined with ancillary offences, enlarged the scope of hijacking, expanded
jurisdiction and strengthened extradition and mutual assistance regimes in case hijacking.
The bill includes certain communities in the list of Scheduled Castes from Kerala,
Madhya Pradesh, Odisha, and Tripura. They are
This amendment Bill removes a Majhi (Nepali) community from the list of Scheduled
Castes in Sikkim.
The bill was first tabled in 2012 but lapsed after the previous Lok Sabha was dissolved and the
NDA government again had introduced it August, 2014 in Lok Sabha.
The Bill amends the Delhi Special Police Establishment Act, 1946 for the changing the provision
related to appointment of Director of CBI.
The Bill amends the provision in relation to the Leader of Opposition (LoP) and states that where
there is no LoP, the Leader of the single largest Opposition Party in that House would be part of
the committee for appointment of Director of CBI.
In the present Lok Sabha there is no LoP in Lok Sabha, since no party have the numbers to get
the post. Now Congress is the largest Opposition party.
Summary
Delhi Special Police Establishment Act, 1946 constitutes a special investigation police
force known as the Central Bureau of Investigation (CBI).
Earlier the Act had provision for a three member committee to make recommendations to
the central government for appointment of the Director of CBI.
This committee comprised of Prime Minister (Chairperson), the Chief Justice of India or
a Supreme Court judge nominated by him, and the Leader of Opposition in the Lok
Sabha.
Thus this amendment bill, will pave the way for the appointment of a new CBI Director in
December as incumbent CBI Director Ranjit Sinha is to retire on 2nd December 2014.
Disqualification of CSK: The bench mentioned that being Board of Control for Cricket
in India (BCCI) chief and by owning CSK, Srinivasan had breached the provision of
conflict of interest. So, CSK needs to be disqualified.
BCCI not taking any action: The bench has also questioned that BCCI over not taking
any action against CSK, Rajasthan Royals -the other team whose owner Raj Kundra was
allegedly involved in betting, and their officials on the basis of findings of Mudgal
Committee report.
Fresh Elections of BCCI: The court also suggested there must be fresh election process
for the Board. In these elections the people whose names are mentioned in the Mudgal
report should not take part. Afterwards newly elected board should decide what actions
are to be taken on the basis of findings of the report.
Earlier SC hearing: SC while hearing on the IPL spot-fixing case probed by the Justice Mudgal
Committee had disclosed names of few persons those who had alleged links with this case. They
were
This judgment was given three members SC bench headed by Chief Justice H L Dattu and
comprising justices M B Lokur, A K Sikri on a plea filed by NGO Centre for Public Interest
Litigation.
After the courts decision to ousted CBI Director from 2G probe , Additional Director of CBI
Rupak Kumar Dutta will now head the CBI probe in the 2G spectrum scam.
R K Dutta is a 1981-batch IPS officer from the Karnataka cadre, and now he is the overall
incharge of the Anti-Corruption Bureau (ACB) of the CBI which is probing the 2G cases.
Rajya Sabha question hour shifted from 11am to 12 noon
Rajya Sabha Chairman Hamid Ansari has decided to shift Question Hour in Rajya Sabha from 11
a.m. to 12 noon for the upcoming Winter Session. Thus, Question Hour in Rajya Sabha will be
between 12 PM and 1 PM instead of 11 am. As per new rules, the proceeding of the Rajya Sabha
will start with Zero Hour which will be between 11am to 12 noon. The move aimed to ensure
disruption-free proceedings during this segment.
Rules Committee of Parliament had given final nod to the change these timings. Rajya Sabha
Secretariat has issued the notification to this effect and it has been communicated to all
Ministries.
Reason for shift in timing of Question Hour
Question Hour, which marks the beginning of a days proceedings of a House of Parliament, is
often witness to disruptions by members who want to raise issues .
Normally, no issues can be raised during the Question Hour except those related to the questions
listed for the day. Other issues can be raised during the Zero Hour.
Earlier in 2011, the Question Hour in Rajya Sabha was shifted for a few days to 2-3 pm so that
the House could function normally in the first half. But, it was subsequently discontinued and the
Question Hour switched back to its usual timing of 11 am.
Question Hour: During this time, the members of Parliament ask questions
and the ministers usually give answers. There are three kinds of question
which can be asked during Question Hour. They are starred, unstarred and
On 5th November 2014, Union Cabinet decided to withdraw the Food Safety and Standards
(Amendment) Bill , 2014 which was introduced in the Rajya Sabha by the then UPA
Government in February 2014.
Reasons for withdrawal of Bill
The Government had also received several representations against the bill.
The Government feels that, the Bill needs to be further amended after taking
into account the judgments of the courts, representations and other recent
developments.
Cabinet also notified that, this Bill will be introduces after fresh set of amendments and detailed
examination of court judgments and several representations.
Fresh set of amendments will be finalised by the Ministry of Health and Family Welfare.
Background of withdrawn Food Safety and Standards (Amendment) Bill,
2014
The objective of the Bill was to establish the Food Safety and Standards
Authority (FSSAI) to regulate the manufacture, storage, distribution, sale and
import of food items.
The Bill had specified that the chairperson shall guide and oversee the FSSAI,
preside over its meetings and exercise any other powers of the FSSAI as may
be assigned to him.
The Bill had proposed to add the Chief Executive Officer as a member of the
FSSAI.
The SC has asked the National Green Tribunal (NGT) to actively involve itself in the cleaning up
of the Ganges river
Inactivity of other bodies
The SC asked the NGT to step in and take up the task of closing down industries polluting Ganga
and take action against industries failing to install adequate anti-pollution measures to treat
industrial effluents by March 2015. This responsibility had been entrusted to the Central
Pollution Control Board (CPCB) and state pollution control boards (SPCBs). However, these
agencies have failed to even implement SC orders which have been passed over the last 30
years to reduce pollutants in the Ganga.
Efficient functioning of the NGT
The SC opined that the NGTs work, with its expertise in the field of environment, was
impressive. The NGT would be in a better position to follow through on judgments and monitor
their implementation in certain scenarios like the closure of polluting industries. Also, it can
oversee the actions taken by different authorities and environmental agencies .
The SC has decided to give a free rein to NGT to take control of the cleaning-up of the Ganga. It
will deal with the highly polluting industries which are discharging untreated effluents into
Ganga and take appropriate measures, as it deems fit. The SC will retain control of certain matter
such as those relating to discharge of untreated sewage from municipalities and towns in the
Ganga basin states. The Court also asked the NGT to file status reports after intervals of six
months on action being taken by it against polluting industries.
Government submits list of 627 people having illegal accounts in foreign banks to
SC
The Centre has submitted a list of people having illegal accounts in foreign banks to the
Supreme Court (SC), who handed it over to the SC appointed SIT (Special Investigation Team)
Attorney-General Mukul Rohatgi filed a set of three documents in a sealed cover with the SC,
on behalf of the Central Government. The documents contain the names of 627 persons having
illegal HSBC accounts in Geneva which was provided by France and a status report of the
investigation against them. The deadline for investigation into these accounts under the Income
Tax Act is March 31, 2015.
Earlier, the government had released the names of three people from the list. The three persons
whose names had been released are Pradip Burman, former executive chairman of Dabur; Pankaj
Chimanlal Lodhiya, a Rajkot-based bullion trader and Radha S.Timblo, a Goa-based miner and
owner of Timblo Pvt Ltd.Following this, the SC had issued an order asking the government to
release all the names. The Court rejected the Centres argument that it would reveal the only the
names against whom the Income Tax Department has evidence.
SIT
Once the documents were handed to the SC, the Bench handed the documents over to the SIT
without opening the documents. The sealed cover will be opened by the Chairman and ViceChairman of the SC-appointed SIT. The further course of action will also be determined by the
SIT. The Chairman of the SIT mentioned that there was no new detail in the list, and that the SIT
already had the list of names.
Statistics
Though there are no official or authorised estimates, Global Financial Integrity (GFI), which is a
Washington-based think-tank, has estimated that Indians have parked US $462 billion in bank
accounts in overseas tax havens between 1948 and 2008.
Government extends the Company Law Settlement Scheme to November 15
The government extended the operation of the Company Law Settlement Scheme by a month,
with the deadline now being November 15. At the end of August 2014, there were around 1.42
lakh companies that had not filed their annual returns or balance sheets for more than three
consecutive years.
Company Law Settlement Scheme 2014
This scheme, introduced under the new Companies Act, allows companies that have failed to
make their statutory filings to do so without attracting prosecution. This scheme initially had a
time limit of two months wherein the defaulting companies had to meet the requirements by
October 2014. This scheme condones lack or delay of filings by companies by granting
immunity from prosecution to the companies and also, give them the advantage of reduced
additional fees
Grounds for extension
The extension was granted by the Ministry of Corporate Affairs after requests from various
stakeholders including the ICAI (Institute of Chartered Accountants of India).
Companies Act
The new Companies Act contains provisions that provide for stringent norms in dealing with
defaulting entities. Even directors can be penalized through disqualification for failing to make
the necessary annual filings. Also, the companies are penalized through higher additional fees
and penalties.
Centre sets up Expert Group to examine new methods of sex determination
The Central government has set up an expert group to look into the new technologies being to
determine the sex of the foetus, so that the same may be curbed through appropriate amendment
to the PC & PNDT Act.
Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994 (PC & PNDT Act)
The PC & PNDT Act outlaws the misuse of ultrasound machines to determine the sex of the
foetus, and prohibits female foeticide. The expert panel will suggest amendments to this Act to
cover the latest methods of sex determinations.
Central Supervisory Board (CSB)
The CSB is the highest body monitoring the implementation of the PC & PNDT Act. A meeting
of the reconstituted CSB, headed by the Health Minister and co-chaired by the Minister for
Women and Child Development was held recently. The formation of the expert group was
decided at this meeting
Need for amendment to legislation
Even though the most common methods of sex determination have been outlawed, newer
technologies have come into existence for the purpose of determination of the sex of the foetus.
Some of these new methods are even non-invasive. Also, IVF/ART (In-Vitro
Fertilization/Artificial Reproductive Technology) clinics, operating in a legal vacuum, allow
their clients to choose the sex of their baby. The expert group has been constituted to suggest
amendments to face this challenge and curb these new modes of sex determination.
Separate Bill drafted for regulation of small factories
The Labour Ministry has drafted the Small Factories (Regulation of Employment and Conditions
of Services) Bill , 2014 and asked for comments from stakeholders. The Bill is likely to be
tabled in the Parliament during its winter session.
Application of law
This law will apply to micro, small and medium enterprises that employ up to 40 employees.
Consolidation of law and procedure
The Bill, if passed , will replace over 44 central labour laws and 100 state laws and streamline
the process. A single compliance report, that can be filed online, will fulfill all the requirements
under various legislations. Outdated provisions, with no relevance in todays age and time, have
been removed.
Registration of units
The factories covered under the bill will have to register within 60 days of commencement of
business . Each employer will be provided a labour identification number, and he can register his
factory online.
Payment of wages
The employer will have to transfer the wages to the accounts of the employees. Payment of
wages in cash is disallowed. This will help the regulatory agency monitor payment of wages
and also give a boost to financial inclusion.
The registration of the units with the authorities will help them monitor the benefits being
provided to the employees by employer. The bill clearly states the working hours, minimum
wages, overtime wages, provision of leave, social security benefits and conditions for
retrenchment of workers.
Any malpractices can be challenged before the Conciliation Officer, appointed in accordance
with the Bill.
Need for legislation
The requirement of a separate labour law for small scale industries was identified by the Second
National Commission on Labour in 2000. The Commission said that such a law would encourage
small scale industries and also boost employment opportunities
Parties using children for poll work will lose symbols: Election Commission
High Court denies Bail to Jayalalitha, to approach Supreme Court
The High Court of Karnataka has denied bail to Jayalalitha in the disproportionate assets case.
The Special Public Prosecutor raised no objection to granting of bail to Jayalalitha. The lawyer
for the defense, Ram Jethmalani, argued vehemently for the release of Jayalalitha, calling it a
case of political vendetta. He cited the case of Lalu Prasad Yadav being granted bail by the SC
(after being convicted in the fodder scam) as a precedent to take into consideration while
deciding whether bail must be granted to Jayalalitha.
Jethmalani also prayed for the suspension of the sentence pending appeal.
Rationale behind judgment
The Labour Ministry is set to Launch a National Career Service Portal which will serve as an
intermediary between job-seekers and job-providers. This project was originally proposed under
the UPA government with an outlay of 150 cr as part of a larger revamping of the Employment
Exchanges. The new government, with its emphasis on skill development and providing
increased job opportunities, has taken up the project now.
The portal will connect the people seeking jobs with people/companies looking for employees to
hire. It will act purely as an intermediary for persons with different needs to meet. The portal will
aggregate all information pertaining to jobs , job seekers, training and the employers. It will seek
to connect the two parties using SMS, call centres and electronic means of communication like
emails.
The portal can be accessed by employers from the public sector and private sector, along with
intermediaries like recruitment agencies , skill development institutes and trainers.
MoU with UK
The portal in India will be established on the lines of a similar initiative of the UK government.
The government has even signed an MoU with UK to learn from its project.
The UK governments National Career Service was launched in 2012 and is an integrated free
service which provides advice and information for training , learning and work opportunities to
anyone older than 13 years. The service is available online via web chat, through phone and can
be directly accessed through multiple walk in centres. This is an improved version of an earlier
plan called Next Step that was available to those aged above 18.
E-rickshaws recognized as special category three-wheeled vehicles
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The Ministry of Road Transport & Highway has issued a notification amending the Motor
Vehicles Act, allowing e-rickshaws to ply in New Delhi. Earlier, a Delhi HC judgment had
banned e-rickshaws due to safety concerns. But, the Centre has recognized e-rickshaws as a
special category and has come out with guidelines for their usage. This decision has been taking
by the government after taking into consideration the loss of livelihood caused to many erickshaw drivers because of the ban.
What are e-rickshaws?
E-rickshaws or electric rickshaws are three wheeled vehicles that are operated with an electric
motor. The notification defines e-rickshaws as a special purpose battery operated vehicle having
three wheels and intended to provide last mile connectivity for transport of passengers.
Restrictions
An e-rickshaws cam carry a maximum of four passengers, excluding the driver, and luggage that
weighs no more than 40 kg. The maximum allowed speed limit for e-rickshaws is 25 km/hr and
the netpower of its motor cannot be more than 2,000 W.
Further, a license issued/renewed for an e-rickshaw will be valid only for three years from the
date of issue.
Jayalalitha convicted and jailed in graft case; O.Paneerselvam to be CM of TN
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September 29, 2014No comments
The 18 year long corruption case against former CM of TN (Tamil Nadu), J. Jayalalitha, reached
its conclusion when a special court in Bangalore presided by Special Judge John DCunha
convicted her under the Prevention of Corruption Act. She was sentenced to four years
imprisonment and levied a fine of Rs. 100 cr. The charge against her was of holding assets of
Rs. 66.65 cr that were disproportionate to her known sources of income. This verdict marks the
first ever conviction of a serving Chief Minister.
Two aides of Jayalalitha and her now disowned foster son were also convicted in this case.
After the sentence, Jayalalitha was taken to the Parappana Agrahara jail in Bangalore. Since she
was sentenced to a period of more than three years, she will have to approach the HC of
Karnataka for bail. She is also expected to file an appeal challenging the order of conviction. As
of now, she stands disqualified as an MLA in accordance with the Representation of Peoples
Act, which also prohibits her from contesting elections for a period of six years after she finishes
serving the sentence. However, if the order of conviction is stayed or overruled by a higher court,
the disqualification will be annulled.
This is not the first instance of Jayalalitha having to step down as CM. In 2001, she had to step
down temporarily till a higher court overturned the decision which sentenced her to two years
rigorous imprisonment on a land deal case.
It has been decided that O.Paneerselvam, who was the Finance Minister of TN, will take
Jayalalithas place as CM, following a meeting of the partys MLAs. Mr. Paneerselvam had also
served as CM for a period of six months in 2001 after Jayalalitha had resigned.
After the verdict was announced, incidents of violence were witnessed in various parts of Tamil
Nadu. AIADMK supporters burnt effigies of leaders of opposing parties and went on a rampage
destroying public properties. Shops were shut down and instances of buses being broken or burnt
were also reported.
He also refused to consider the Lalu Yadav case as a precedent, because he had been granted bail
by the SC on an appeal from the HC judgment that denied him bail. Also, he had spent 10
months in jail already when the SC granted him bail. Jayalalitha, on the other hand, has not been
in jail even for a month.
The judge also refused to suspend the judgment of the Special Court. He cited several cases of
the SC under the Prevention of Corruption Act to validate his ruling that the case was not fit for
granting either bail or suspension of sentence.
Future course of action
Jayalalithas legal team is likely to appeal the judgment denying bail in the SC. It is also
expected that she will ask for a suspension of the four year sentence awarded by the Special
Court Judge.
Disproportionate Assets Case
Jayalalitha was the first serving CM to be convicted in a corruption case when a Special Court
convicted her of holding assets disproportionate to her income. She was sentenced to four years
prison and a fine of Rs. 100 crore. Also, she has been disqualified from contesting elections for
the next 10 years under the Representation of Peoples Act.
The corporate world, however, was disappointed with the verdict with business leaders
predicting decrease in domestic coal supplies causing supply disruptions and aggravation of the
power crisis. It is also believed that this will dampen investor confidence.
On April 15, 2014 in its landmark judgment, the Supreme Court had accorded legal
acknowledgment to transgenders or eunuchs as third category of gender and directed the Centre
and all states to consider them as socially and educationally backward classes to expand
reservation in admission in educational institutions and for public appointments.
The Centre also requested clarification on the meaning of transgender articulating that Lesbian,
Gay and Bisexual cannot be considered under the category of transgender. The government held
in its application that Universally, the term LGBT is used for lesbians, gays, bisexuals and
transgenders. While it may be possible for some transgender persons to also be gay, lesbian or
bisexual, that is only an individuals sexual orientation and would not result in a lesbian, gay or
bisexual by themselves per se becoming a transgender. Thus, some people might misuse the
identity of transgender in order to get benefit of OBC Category in Job reservations
French Economist Thomas Piketty turns down Frances top award
French economist Thomas Piketty has turned down Frances top award , the Legion
DHonneur.
He is the bestselling author of book Capital in the 21st Century which examines income
inequality in society.
Earlier in 2014, cartoonist Jacques Tardi had turned down this award. Others who have refused
this award include philosopher Jean-Paul Sartre and radiology pioneers Pierre and Marie Curie.
Officier de la Legion dHonneur (Officer of the Legion of Honour) is the highest award among
Civilians and Military conferred by France upon French citizen as well as foreigners.
Some facts: Indian luminaries who have been decorated with France highest honor are Satyajit
Ray, Lata Mangeshkar, Amitabh Bachchan and Shahrukh Khan.
Former PM Atal Bihari Vajpayee and late educationist Madan Mohan Malviya chosen
for Bharat Ratna
Former Prime Minister Atal Bihari Vajpayee and late educationist Madan Mohan Malviya
(posthumously) have been chosen for Bharat Ratna- countrys highest civilian award.
It was announced by the press communique from Rashtrapati Bhavan.
Madan Mohan Malviya
He was born on December 25, 1861 and was an educationist and politician
notable for his role in Indias freedom struggle. He was popularly known
Mahaman.
He is also remembered for his stellar role in the Independence movement and
his espousal of Hindu nationalism.
He was born on 25th December 1924. He is an Indian statesman who was the
11th Prime Minister first for 13 days in 1996 and then from 1998 to 2004.
Notably he is the first PM from outside the Congress party to serve a full fiveyear term.
He was parliamentarian for over 4 decades and was elected to the Lok Sabha
for 9 times, and 2 to the Rajya Sabha.
Bharat Ratna
It is Indias highest civilian award given to citizens for their exceptional work
for the advancement of art, literature and science, and public service.
The recommendations for Bharat Ratna are made by the Prime Minister
himself to the President. No formal recommendations for this are necessary.
Till date 45 people have been honoured with the Bharat Ratna since its
inception (Including Madan Mohan Malviya and A. B. Vajpayee).
In February 2014, it was awarded to eminent scientist Prof C.N.R. Rao and
cricketer Sachin Tendulkar.