February, 2014

Lokpal and Lokayukta Bill, 2013 Passed

Lokpal and Lokayukta Bill, 2013 was passed by the Lok Sabha on 18 December 2013. Earlier, the Bill was passed by the Rajya Sabha on 17 December 2013 after some amendments. The Bill seeks to establish an anti-corruption watchdog that will have in its purview even the office of Prime Minister. The Lokpal and Lokayukta Bill, 2013 was passed by voice vote amid the opposition from the members Seemandhra region who were
protesting against division of Andhra Pradesh to create Telangana state. During the passage of the Bill, Samajwadi Party members staged a walk out from the Parliament while Shiv Sena Party members voted against the Bill. The passage of the Bill has been welcomed by anticorruption crusader and social activist Anna Hazare. He sat on the fast for the Lokpal Bill passage for the fourth time on 10 December 2013. Among the amendments accepted by the government are delinking of the mandatory creation of lokayuktas by the state governments, one of the provisions which had stalled the passage of the bill in December 2011.

Important features of Lokpal and Lokayukta Bill 2013:

• Lokpal at the Centre and Lokayukta at the States

• The Lokpal consists of a Chairperson and a maximum of eight members of which 50% shall be judicial members

• The Lokpal Chairperson or member shall not be connected with any political party and one member will be an eminent jurist nominated by the President.

• The selection of Chairperson and members of Lokpal shall be through a Selection committee consisting of

• 1. Prime Minister

  2. Speaker of Lok Sabha

  3. Leader of Opposition in the Lok Sabha

  4. Chief Justice of India or sitting Supreme Court judge nominated by CJI

  5. Eminent jurist to be nominated by the President of India on the basis of recommendations of the four members of the Selection Committee.

• All ministers including Prime Minister with some safeguards and senior public servants are covered by the ombudsman, excluding the public servants under Army, Navy and Coastal guard.

• All entities receiving donations from foreign source in the context of the Foreign Contribution Regulation Act  (FCRA) in excess of 10 lakh rupees per year are brought under the jurisdiction of Lokpal.

• Provides adequate protection for honest and upright Public Servants..

• Lokpal will have power of superintendence and direction over any investigation agency including CBI for cases referred to them by Lokpal.

• A high powered Committee chaired by the Prime Minister will recommend selection of the Director, CBI.

• Directorate of Prosecution  headed by a Director of Prosecution under the overall control of Director

• The appointment of the Director of Prosecution, CBI will be made on the recommendation of the Central Vigilance Commission.

• Transfer of officers of CBI  investigating cases referred byLokpal with the approval of Lokpal.

• The Bill also incorporates provisions for attachment and confiscation of property acquired by corrupt means,  even while prosecution ispending.

• The Bill lays down clear time lines for Preliminary enquiry & investigation and trial and towards this end, the Bill provides for setting up of Special Courts.

• A mandate for setting up of the institution of Lokayukta through enactment of a law by the State Legislature within a period of 365 days from the date of commencement of the Act.

e-inclusion Project Launched

The Union Government on 24 December 2013 launched einclusion project to make people eliterate. The project is an initiative to make at least one individual in every household e-literate. Union minister of Communications and Information Technology, Kapil Sibal also launched the book on e-inclusion  after launching e-inclusion and eliteracy through Common Services  Centres in New Delhi. IT training will be provided to the economically weaker sections of the society including rural SC, ST and women under this project. The project will help people to participate in the knowledge based activities and access the financial, social and
government services by the use of internet.

ICAO Accreditation and Membership received by AAI

Airports Authority of India (AAI) has received TRAINAIR PLUS accreditation certificate and  membership plaque by the International Civil Aviation Organisation (ICAO). ICAO is a United Nation’s (UN) agency and is headquartered at Montreal, Canada. Herve Touron from ICAO Air  Navigation Bureau had visited the Fire Training Centre (FTC) of Airports Authority of India in October 2013 for an inspection of the facilities before granting ICAO’s TRAINAIR PLUS membership. These certificates are given for facilities to enhance  airport safety. By joining the TRAINAIR PLUS programme, the Fire Training Centre will have access to a global sourcing of training package. The Certificate and membership  plaque were handed over to V.P. Agrawal, Chairman, AAI and G.K. Chaukiyal, Member (Operations), AAI by the General Manager (Fire Service), Md Hanif. CATC, Allahabad and AAI, New Delhi has  received TRAINAIR PLUS accreditation earlier for its training facilities.

International Civil Aviation Organisation (ICAO)

The International Civil Aviation Organization (ICAO) is a specialized agency of the United Nations. It was created in 1944 to promote the safe and orderly development of international civil aviation throughout the world. It sets standards and regulations necessary for aviation safety, security, efficiency and regularity, as well as for aviation environmental protection. The Organization serves as the forum for cooperation in all fields of civil aviation among its 191 Member States

Harsher punishment for milk adulterators favoured by SC

The Supreme Court of India on 5 December 2013 favoured punishment of life imprisonment to people indulging in production and marketing of adulterated milk. The court has also asked the state governments to make amendment in laws as has been done by the Uttar Pradesh, West Bengal and Odisha. The Supreme Court bench that comprised of Justice K S Radhakrishnan and Justice A K Sikri said that the punishment of six months jail term mentioned in Food Safety Act is grossly inadequate. The decision of the Supreme Court came after hearing the Public-Interest Litigations (PIL) seeking its direction to state governments to stop practice of milk adulteration, which is rampant in various states.

The Food Safety and Standards Authority of India (FSSAI)

The Food Safety and Standards Authority of India (FSSAI) was established under the Food Safety and Standards Act, 2006. It consolidates various acts and orders that have hitherto handled food related issues in various Ministries and Departments. FSSAI has been created for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import to ensure availability of safe and wholesome food for human consumption. Ministry of Health & Family Welfare, Government of India is the Administrative Ministry for the implementation of FSSAI.

Definition of Adulteration

Adulterant means any material which is or could be employed for making the food unsafe or substandard  or mis-branded or containing extraneous matter.

CBI’s Legal wing now under control of agency’s Director

The Government of India in a major step to allow more autonomy to CBI placed the agency’s legal wing under the command of the CBI Director, making his word final in investigations on 25 December 2013. Earlier, the legal wing of the agency reported to the Law Ministry. The Directorate of Prosecution has been now placed under the stewardship of the agency director, who will not only see the promotions and postings but will also write the annual confidential reports, which was earlier done by the Law Minister. In CBI, the Directorate of Prosecution is responsible for conducting and supervising cases pending trial, appeal and revision in courts. It also supervises and monitors the conduct of prosecution in the courts and gives advice to the CBI officers on all legal matters of general or specific issues, which arose during trial or investigation. The Director of
Prosecution was the chief functionary of the Prosecution Wing of CBI and was vested with powers of direction and control over prosecuting officers. Those powers have now passed to the CBI Director. The new arrangement gives the power to a final view on investigations and subsequently the charge sheets to the CBI Director, which earlier was overturned by the Directorate of Prosecution. The Lokpal Bill recently passed by the Parliament provides that the DoP should be placed under the CBI Director. The Lokpal Bill also provides that the DoP headed by the Director of Prosecution to be placed under the CBI director. The Lokpal Bill that the Director of Prosecution will be appointed in consultation with the Lokpal and CVC. A new Directorate of Prosecution (DoP), O P Verma has joined the agency on 24 December 2013.

Government sanction not Required to Probe Public Servants

Supreme Court ruled on 17 December 2013 that government’s prior sanction is not required to probe a public servant. This will apply to the cases where the probe is being conducted by the Central Bureau of Investigation (CBI) under the surveillance of the Court. A three judge bench of Justice RM Lodha, Justice Kurian Joseph and Justice Madan B. Lokur ruled that Section 6A of the Delhi Special Police Establishment (DPSE) Act does not apply to the corruption cases being monitored by the Court. Section 6A of the DPSE Act requires prior consent of the Central Government to investigate top babus. Thus, it gave the CBI power to investigate officers of the rank of joint secretary and above without the Centre’s prior permission in cases where court is monitoring the probe. The Judgement was delivered while hearing the plea filed by the CBI contending that there was no need for prior government sanction to inquire a public servant in court monitored cases. As a result, the deck has been cleared for the CBI to prosecute bureaucrats allegedly involved in coalgate scam without waiting for government’s sanction.

NSSO data showed that Urban life quality improved by JNNURM

The National Sample Survey Office (NSSO) JNNURM scheme improved key indicators of urban life in India and it reached the poorest of poor. The Government spent over 46000 crore rupees on infrastructure augmentation under JNNURM scheme. The NSSO data showed that

• Over 90 percent of slumdwellers feel water drainage, sewerage and garbage collection and disposal have improved.

• 24 percent of slums have benefited from welfare schemes such as JNNURM and Rajiv Awas Yojana.

• 95.3 percent people living in urban areas felt significant improvement in water supply.

• About 76 percent improved their access to some sort of garbage disposal system in cities and towns.

According to the Urban Development Ministry’s data, among 539 projects sanctioned between 2005 and 2012, at least 217 projects are completed and 322 are in a stage of completion. Out of 806 UIDSSM projects 413 projects are completed

150 stretches of river identified as polluted by CPCB

The Central Pollution Control Board has identified 150 polluted river stretches in the country with Maharashtra and Gujarat topping the list of having maximum of them.

Based on the level of BOD (bio – chemical oxygen demand) in water, CPCB identified polluted river stretches across 293 rivers. The contaminants like utensils of daily use, according to the CPCB, were affecting aquatic environments. The open drainage of sewage into various rivers across the country had polluted the rivers. These stretches are located in almost all parts of the country except Jammu & Kashmir and couple of Union Territories and northeastern states, including Arunachal Pradesh and Mizoram. The Central pollution control board (CPCB) had first compiled its report on polluted river stretches in December 2009, after testing water samples taken between 1995 and 2008. These stretches are being monitored constantly since then through a network of 1429 water quality monitoring stations in States and UTs.

Central Pollution Control Board (CPCB)

Central Pollution Control Board (CPCB) of India is a statutory organisation under the Ministry of Environment and Forests (MoEF). It was established in 1974 under Water (Prevention and Control of Pollution) Act, 1974.

It is an apex organization in country in the field of pollution control and works as the technical wing of MoEF.

Quadricycle added as new Vehicle category

The Union Ministry of Road Transport and Highways cleared quadricycle as a new category of vehicle on 23 December 2013. The Ministry suggested that the quadricycles should be registered under the commercial transport category for intra-city movement.

• Quadricycles are seen as safer than three-wheelers as they will have four wheels with fully enclosed body structure with hard top and door.

• These battery-powered or electric four-wheelers will come under quadricycle category.

• These vehicles will be allowed to ply only on city roads as transport vehicles and not as personal vehicles.

• These vehicles should have dual car-type braking system since there is no provision for crash test of these vehicles.

• The quadricycle have a substantial upgrade over the three-wheeler auto and will be bigger than an auto-rickshaw and smaller than a normal car. No change in weight, size, body and emission norms of the vehicle.

• The vehicle meant for carrying passengers will be of 450 kg and for carrying goods will be of 550 kg. The length will be 3 metre for passenger version and 3.7 metre for goods version.

• Quadricycles can carry a maximum of four passengers and goods vehicles can carry 500 kg which excluded the weight of battery from total vehicle weight.

As per the Ministry the final notification will be released in less than a month and these vehicles will be allowed to ply after six months of the notification. Inclusion of battery operated four-wheelers as quadricycle will bring more players in competition including Mahindras, Bajaj Auto, TVS, Tata Motors, Maruti.

February, 2014

The Prevention of Communal Violence Bill 2013 approved

The Union Cabinet on 16 December 2013 approved the Prevention of Communal Violence Bill 2013. The bill aimed to prevent and tackle the communal violence in the country and punish the perpetrators of the violence. The Bill has been named as The Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2013. The Bill has the provision of creating an institutional arrangement for speedy investigation, disposal of cases and for providing relief and rehabilitation to victims of communal violence. It also seeks imposition of enhanced punishment on persons involved in communal violence.

The highlights of the Bill

• The Bill defines communal violence to include any act of series of acts, whether spontaneous or planned, resulting in injury or harm to the person or property knowingly directed against any person by virtue of his or her religious or linguistic identity.

• The Bill has proposed to punish organized communal violence with life imprisonment. Hate propaganda will be punished with up to three years imprisonment or fine or both. Funding of communal violence will be punished with up to three years or fine or both.

• Dereliction of duty will invite a punishment with imprisonment ranging from two years to five years and breach of command with imprisonment of up to 10 years.

• Earlier the power of intervention of the Centre in event of riots was unilateral, that is, central could send paramilitary forces without consulting the state governments. This has been amended and now the State governments will have discretion in deciding whether the assistance of the Centre is needed or not.

• The new bill makes bureaucrats and public servants accountable for any acts of commission and omission while  handling communal violence. However bureaucrats who refuse to obey unlawful orders of their superiors during communal situations cannot be held responsible for willful neglect of duty.

• The Bill provide compensation of 7 lakh rupees to the next kin of those killed in communal violence, 5 lakh rupees forrape, 3 lakh rupees to 5 lakh rupees for disability and 2 lakh rupees for grievous injury.

National Cancer Institute at Jhajjar AIIMS campus

The Centre approved the proposal to set up National Cancer Institute at the Jhajjar campus of All India Institute of Medical Sciences (AIIMS), New Delhi on 26 December 2013. The Health Ministry proposed to set up Cancer Institute in Haryana. The Cancer Institute costs 2035 crore rupees and will be completed in a period of 45 months. The National Cancer Institute will operate on the line of National Cancer Institute in USA and Deutsches Krebsforschungszentrum (DKFZ) in Germany. The institute will have Tissue Repository which is the first of its kind in India. The institute will broadly have clinical division, research division and disease management groups (DMGs). DMGs will maintain details of all issues pertaining to management of various cancers, site wise and other facilities. The National Cancer Institute will operate as a nodal center for indigenous research, promotive, preventive and curative aspects of care and human resource development. The institute aims to plan, conduct and coordinate research on cancers which are more specific to India like tobacco related
cancers, cancer of uterine cervix, gall bladder cancer and liver cancers. HSSC (India) Ltd a public sector enterprise under Union Health & Family Welfare Ministry has been appointed as the Project Consultant. As a Project Consultant, HSSC (India) Ltd will be responsible for concept, detailed design & engineering, contracting, project management and medical equipment procurement, installations and the commissioning of the institute. Cancer is emerging as a major public health concern in India where eleven lakh new cases are diagnosed every year and the mortality rate is 5.5 lakh per year. The National Cancer Control Programme was launched in 1975-76 with the objectives of primary prevention, early detection, treatment and rehabilitation.

AAP recognised as State Party in Delhi

Aam Aadmi Party (AAP) with winning over 28 of the 70 seats in the Delhi Assembly elections on 8 December 2013 met the eligibility criteria of Election Commssion to become a State Party. The Aam Aadmi Party registered as a political party by the Election Commission in March 2013.

What are the criteria for recognition of a Party?

Under the existing provisions of the Symbol Order, a registered party has to fulfill any of the following conditions for recognition as a State Party:

1. A political party should secure at least six percent of the total valid votes polled during general election to a State Legislative Assembly and should, in addition, win at lea s t two seats in that Assembly, or the party should win at least three percent of the total number of seats or three seats in the Legislative Assembly, whichever is more;

2. Alternatively, a political party should secure at least six percent of the total valid votes polled in a State during a general election to Lok Sabha and win at least one seat in the Lok Sabha from that State, or the party should win at least one seat in the Lok Sabha for every 25 seats or any fraction thereof allotted to that State.

3. Under the liberalized criteria, one more clause has been added to provide that even if a Party fails to win any seat in a State in a general election to  the Lok Sabha or Legislative Assembly of the State, the party
   will still be eligible for recognition as State Party if it secures 8 percent or more of the total valid votes polled in the State.

4. If a political party is recognised as a “State Party” in four or more States then it will automatically become a national party.

5. Recognition is given only based on the poll results of Assembly/ Lok Sabha general elections and by-elections are not taken into account for considering this.

6. A party, which is recognised as a State or National party, loses its recognition if it performs poorly in the subsequent polls

Benefits under recognized state Party

The AAP, which was allotted “broomstick” as the election symbol by the Commission from among the common symbols following a request in this regard from AAP, will now have the choice of retaining “broomstick”
as its permanent election symbol or it can design its own poll symbol provided it fits within the rules and regulations of the Commission. EC recognition will entail the parties to participate in the all-party meetings convened by the EC/the State/ Central governments, get a permanent common symbol for all their contestants, privilege to address the voters through the All India Radio and Doordarshan during poll.

Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013 came into force on 6 December 2013 across India except Jammu and Kashmir. The law prohibits the employment of manual scavengers, the manual cleaning of sewers and septic tanks without protective equipment and the construction of insanitary latrines. The law also provides rehabilitation of manual scavengers and alternative employment to them within the time bound manner. From now onwards, the construction and maintenance of the insanity latrines has became an offence, therefore no one can be employed or engaged as the manual scavenger.

CCSD approved National Skills Qualifications Framework

The Cabinet Committee on Skill Development on 19 December 2013 approved the National Skills Qualifications Framework (NSQF). It is a quality assurance framework, which organizes qualifications according to a series of levels of knowledge, skills and aptitude. NSQF levels can be defined as the learning outcomes that a learner must possess regardless how they have acquired it may be through a formal means of learning or a nonformal or informal learning. It will help in shifting the emphasis to outcome, which is based learning – both in the general and vocational space. The lack in uniformity in qualifications across institutions leads to a problem
in establishment of equivalence of certificates/ diplomas/degrees in different parts of India turn impacts in the employment and mobility to the students. NSQF would help in tackling the challenge. This often leads to problems in establishing equivalence of certificates/diplomas/ degrees in different parts of the country, which in turn impacts the employability and mobility of students. By shifting the focus from inputs to learning outcomes, the NSQF would aim to tackle this challenge. NSQF will also facilitate Recognition of Prior Learning (RPL) that is largely lacking in the present education and training scenario. It would help alignment of Indian qualifications to international  qualifications. The NSQF will allow people to move between education, vocational training and work at different stages in lives and help them in credit accumulation and transfer system as per the needs and convenience. The National Skill Development Agency (NSDA), an autonomous body attached to the Ministry of Finance will anchor and operationalise the framework. NSDA is mandated to coordinate and
harmonize skill development efforts of the Government of India and the private sector. National Skills Qualifications Framework is a nationally integrated education and competency based skill framework which will provide multiple pathways, horizontal as well as vertical, both within vocational education and vocational training and among vocational education, vocational training, general education and technical education, thus linking one level of learning to another higher level. There are 10 levels in the framework, with the entry level being 1, and the highest level being 10. This will enable a person to acquire desired competency levels, transit to the job market and, at an opportune time, return for acquiring additional skills to further upgrade competencies.

Three Proposals to utilise Nirbhaya Fund approved

The Union Ministry of Finance on 16 December 2013 approved the three proposals of different Ministries to utilise the Resources in the Nirbhaya Fund to Enhance the Safety and Security of Women in the country. In the Union Budget speech on 28 Februry 2013, the Union Finance Minister P.Chidambaram had announced that the Government will set-up a Fund called the Nirbhaya Fund and contribute 1000 crore rupees to the Fund.

Union Cabinet approved Telangana draft Bill

The Union Cabinet on 5 December 2013 approved the 10 districts Telangana draft Bill. The Cabinet approved the recommendations of the Group of Ministers (GoM) set up to look into bifurcation of Andhra Pradesh for carving out a new state of Telangana. The 29th state of India, Telengana will consist of ten districts, whereas Andhra Pradesh will have 13 districts. Hyderabad will be the common capital for Andhra Pradesh and Telangana for a period of 10 year. The bill approved by the cabinet will be sent to the President, Pranab Mukherjee for making a reference to the state assembly to obtain their views. When the bill will be signed
and returned by the President, it will be brought to the Parliament.

The highlights of the bill are:

• Telangana will have 10 districts and the rest of Andhra Pradesh will have 13 districts

• Hyderabad will remain the common capital for both states for a period not exceeding 10 years

• The Government of India willextend financial and other support for the creation of a new capital for the successor state of Andhra Pradesh, which will be identified by an expert committee within 45 days of the gazette notification

• A joint public service commission will be in place for the two states

• Both the states will have special status under Article 371-D of the Constitution for equitable opportunities for education and public employment

• The Governor of Telangana will be responsible for security of life, liberty and property of people, who resides in Hyderabad, the common capital area. He will be assisted by two advisors to be appointed by the Government of India

• To manage the resources and projects will on Krishna and Godavari rivers in an amicable and equitable manner will be but be the Institutional mechanism with full involvement and participation of Government of India

• Polavaram will be declared as the national project, which will be executed by the Union Government following all environmental and R&R norms

• Matters related to coal, power, oil and gas division of assets and liabilities and allocation of government employees

• The bill also states that the Government of India will assist both the states for their police forces to maintain the public order

• The admission quotas in existence, in the higher technical and medical institutions will continue for a period of five years

Rights of Persons with Disabilities Bill, 2011 approved

The Union Cabinet on 12 December 2013 approved the Rights of Persons with Disabilities Bill, 2011. The Bill is a comprehensive measure that covers a whole spectrum of problems from physical disabilities to mental illness and multiple disabilities. It will replace the Persons with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act of 1995. The Bill has been prepared on the basis of recommendations made by Sudha Kaul Committee. The Committee was appointed in 2010 by the Ministry of Social Justice and Empowerment.

Main highlights of the Bill

Provides for 5% reservation in public sector jobs and makes the private sector more accountable for creating a disabled-friendly environment. It provides incentives for the private sector to take such measures. To ensure political participation, the Bill says that every person with disability who fulfils eligibility requirements is entitled to be registered as a voter. He/she should not be disqualified from exercising the voting right on the grounds of disability, irrespective of any stipulation to the contrary in any law for the time being in force. Further, it says that any person who is unable to vote in person due to disability or because of admission to hospital for treatment is entitled to opt for postal ballot. It requires the Election Commission to ensure that all polling stations are accessible to persons with disabilities. It allows mentally unsound women the right to fertility and prescribes punishment for forced abortion or hysterectomy on them. The Bill is based on the premise of all rights for all disabled. The Bill has been described as historic by the social activists as it has provided the definition of disability in very expansive terms to cover all kinds of disability whether physical or mental.

Dabhol-Bangalore Natural Gas Pipeline dedicated to Nation

Prime Minister of India Dr. Manmohan Singh on 3 December 2013 dedicated GAIL India Ltd’s 1000 km Dabhol-Bangalore natural gas pipeline to the Nation. Prime Minister dedicated it to the nation during the inauguration of the 8th Asia Gas Partnership Summit (AGPS) in New Delhi

About Dabhol-Bangalore Natural Gas Pipeline

• The Dabhol – Bangaluru pipeline connects South India to the national gas grid for the first time.

• Pipeline has been constructed at an investment of 4500 crore rupees with a design capacity o f 16 MMSCMD of naturalgas which can produce 3000 MW of clean energy.

• The pipeline starts at Dabholin Maharashtra and passes through Belgaum, Dharwad, Gadag, Bellary, Devanagere, Chitradurga, Tumkur, Ramanagaram, Bengaluru Rural and Bengaluru Urban districts.

• It traverses through 18 National Highways, 382 other road crossings, 20 railway crossings, 83 cased crossings, 11 major river crossings and 276 water body crossings including Asia’s largest river crossing in rocky
  terrain at Ghatprabha.

• The construction operations which continued for 19 months involved pipeline laying in some of the world’s steepest slopes of 60 to 70 degrees and sharp elevations of upto700 metres in a 3.5 km stretch

About Gas Authority India Ltd

• GAIL (India) Ltd was incorporated in August 1984 as a Central Public Sector Undertaking (PSU) under the Union Ministry of Petroleum and Natural Gas.

• Gas Authority of India Limited is the largest state-owned natural gas processing and distribution company.

• GAIL is a Maharatna Company.

February, 2014

Red Beacons are allowed for Constitutional posts and high dignitaries

The Supreme Court of India on 10 December 2013 ordered red beacons are allowed to be used by persons holding Constitutional posts and high dignitaries. The decision came to prevent the misuse of red beacons by local politicians as a symbol of status. The Supreme Court bench was headed by Justice G S Singhvi has asked the centre to issue a fresh list of people eligible to use red beacons on their vehicles. The apex court has also
asked the Government to amend the rule within three months. It has also said that the State Governments cannot enlarge the list of VIPs eligible for the red beacons. The Courts order came on a PIL filled by a resident of Uttar Pradesh, Abhay Singh on misuse of the beacons. Earlier, the bench had said that misuse of red beacon and siren, granted by government to VIPs, was a menace to society and it must be stopped. The Supreme Court also said that the red light has become a status symbol and police personnel, who are put on duty for giving security cover to VIPs, should be deployed for better purposes like making the roads safe for women.

‘Express Parcel’ and ‘Business Parcel’ Services Launched

Department of Posts, Under Union Ministry of Communications & IT, on 2 December 2013 launched a n Express Parcel service and Business Parcel Services for speedy delivery of parcels across the country. The services were launched by Smt. P. Gopinath, Secretary, Department of Posts, at a function organized at New Delhi G.P.O.

About the Parcel Services

Express Parcel is a premium parcel service for retail as well as bulk customers. It offered time bound, safe and secure home delivery of parcels. To have minimal transit time these parcels will be given airlift wherever needed. Bulk customers would also have an economical option of surface transported ‘Business Parcel’. These two new parcel services aim to promote the e-commerce market in India by offering reliable and cost efficient delivery solutions. Whereas ‘Express Parcel’ is an air mail service providing guaranteed time bound delivery of parcels, ‘Business Parcel’ will provide fast, secure and cost efficient transmission of parcels through surface. These services will have ‘Cash on Delivery’ facility which has become a pre-requisite today for e-commerce parcels. Though ‘Business Parcels’ will have a nationwide coverage, the ‘Express Parcel’ service will initially be
available between 20 identified cities: Agra, Banglore, Bhubaneshwar, Chennai, Delhi (NCR), Patna, Guwahati, Hyderabad, Indoor, Jaipur, Jammu, Kolkata, Lucknow, Ludhiana, Mumbai, Pune, Parwanoo, Shillong, Surat and Thiruvanthapuram. This service will be expanded nationwide in phased manner.

The Code of Conduct for Ministers revised

The Union Cabinet on 13 December 2013 approved the revision of the Code of Conduct for Ministers in the Government of India as well as the State Governments. The Code of Conduct will now include the proposed paragraph to Section 2, which reads: Section 2-After taking office, and so long as he/he remains in office, the Minister shall:- (f) Uphold the political impartiality of the civil services and not ask the civil servants to act in any way, which would conflict with the duties and responsibilities of the civil servants.” The revised Code of Conduct for Ministers will become effective immediately from the date of issue with regard to the Ministers of the Union Government. The revised Code will be forwarded to the Chief Ministers of the states for adoption in regard of the Ministers of State Governments and the Union Territory Administrations.

SC ordered to make 22 CBI courts functional across India

The Supreme Court of India on 10 December 2013 set a fresh four month deadline for the centre and states to make functional all the 22 CBI courts across the country for trying corruption cases that involves politicians and public servant. The Court has also warned the chief secretaries that failure to comply with its order will invite contempt action against them. The bench of Supreme Court that comprised Justice GS Singhvi and C Nagappan also observed that these CBI Courts are necessary for speedy and expeditious disposal of corruption cases. The Supreme Court had on 30 January directed the Centre to set up 22 special CBI courts within two months across the country. The Supreme Court also brought in notice the letter written by Prime Minister Manmohan Singh to the Chief Ministers for creation of additional special courts, in July 2009. The Government in 2009 took a decision to set up 71 additional special courts for trial of CBI cases in various states. The Apex Court has been passing orders for creation of the courts since 2011, but the Government failed in creation of the court.

Constitutional Status to Judicial Appointments Commission

The Union Cabinet on 26 December 2013 approved the constitutional status to a proposed Judicial Appointments Commission (JAC) for appointment and transfer of judges to the higher judiciary. The status would ensure that composition of the commission cannot be altered through an ordinary legislation. A Parliamentary standing committee which examined the Judicial Appointments Commission Bill, 2013 had also made a similar
recommendation. There were demands that the composition as well as the functions of the proposed JAC should be mentioned in the Constitution as a safeguard against future changes. As per the proposal, Article 124 A of the Constitution of India will define the composition of JAC and Article 124 B will define its functions. At present the composition of the panel is defined in the Judicial Appointments Commission Bill 2013. It was introduced with a separate constitutional amendment bill in Rajya Sabha in August 2013. The decision to make Judicial Appointments Commission was taken to do away the Collegiums System of Appointment of Judges that allows Judges to make their own appointments. As per the proposed Bill inclusion of two eminent persons in the six-member Judicial Appointments Commission is to happen instead of the two jurists. The decision was made to create a balance and avoid the extra weightage to judiciary in the body. As per the new proposal the six members Judicial Appointments Commission would comprise of the Chief Justice of India, two Supreme Court judges, Union Law Minister and two eminent persons, instead of two jurists. To appoint the two eminent persons for the appointments commission would be done by the collegium that will include the Prime Minister of India, the Leader of Opposition and the Chief Justice of India. The secretary of the Law Ministry will act as the convenor of the Judicial Appointment Commissions but not the member of the commission.

Main Points of the Judicial Appointments Commission (JAC) Bill 2013 are

• The JAC on creation will do away the collegium system of appointments to the High Courts and Supreme Courts

• The Article 124 (2) of the Constitution of India will be amended to give power to the President of India to appoint the Judges on the recommendation of the JAC

• The JAC will be determined by an ordinary law as per the Constitution (120th Amendment) Bill 2013 introduced in the Parliament by UPA government

• Constitutional Amendment in the JAC’s term will require two third majority for modification in the Parliament. The ordinary law requires a simple majority

Article 124(2) of the Constitution of India: I n appointing the Judges of the Supreme Court, the President shall consult the Chief Justice of India and such other Judges of the Supreme Court and of the High Court’s as he
may deem necessary.

Panchayati Raj Ministry proposal on BRGF approved by CCEA

The Cabinet Committee on Economic Affairs on 12 December 2013 approved the proposal of the Union Ministry of Panchayati Raj to continue district component of Backward Region Grants Fund (BRGF) in the current financial year (2013-14). The district component of BRGF covers 272 backward districts in 27 states and the entitlement of each district is one crore rupees. The amount is used primarily to build capacity for elected representatives and functionaries of Panchayati Raj institutions. The BRGF will have budgetary estimate of 6500 rupees during 2013-14. The fund will contribute towards poverty alleviation in backward districts and promote accountable and responsible panchayats and municipalities.

About Backward Region Grants Fund (BRGF)

The Backward Regions Grant Fund Programme (BRGF), launched by the Prime Minister at Barpeta in Assam on 19th February 2007, signifies a new approach to addressing persistent regional imbalances in development. The programme subsumes the Rashtriya Sama Vikas Yojana (RSVY), a scheme earlier being administered by the Planning Commission.

Objectives of BRGF

The Backward Regions Grant Fund is designed to redress regional imbalances in development by way of providing financial resources for supplementing and converging existing developmental inflows into the identified backward districts, so as to:

• Bridge critical gaps in local infrastructure and other development requirements that are not being adequately met through existing inflows,

• Strengthen, to this end, Panchayat and Municipality level governance with more appropriate capacity building, to facilitate participatory planning, decision making, implementation and monitoring, to reflect local felt
  needs,

• Provide professional support to local bodies for planning, implementation and monitoring their plans,

• Improve the performance and delivery of critical functions assigned to Panchayats, and counter possible efficiency and equity losses on account of inadequate local capacity.

Survey on drinking water, sanitation and hygiene by NSSO

The National Sample Survey Office (NSSO) released the survey of the key indicators of drinking water, sanitation, hygiene and housing condition in India on 24 December 2013. The Survey conducted from July 2012 to December 2012 by National Sample Survey Office (NSSO) under the Ministry of Statistics and Programme Implementation.

The objective of the NSS survey was to collect information on the different aspects of living conditions of Indian population necessary for decent and healthy living and to develop suitable indicators to assess the situation. The improved sources of drinking water include bottled water, piped water into dwelling, piped water to yard, public tap, standpipe, tube well or bore well, protected well, protected spring and rain water collection.

Salient features of the NSSO Survey Drinking water:

• Nearly 88.5 percent households in rural India and 95.3 percent households in urban India improved source of drinking water.

• In Kerala rural household are the worst hit with only 29.5 percent having access to safe drinking water whereas in Tamil Nadu it was 94 percent.

• Bihar, Uttar Pradesh and Rajasthan are above national average, people having access to safe drinking water.

• Bihar with 97.6 percent of rural households and 99.7 percent of urban households improved source of drinking water and in Uttar Pradesh with 96.6 percent and 99.2 percent respectively.

• The availability of drinking water from the principal source was considered sufficient throughout the year if in each of the calendar months the availability of drinking water was sufficient.

• 85.8 percent of rural households and 89.6 percent  of urban households in India had sufficient drinking water.

• 16 percent of Nagaland rural households have sufficient drinking water throughout year.

Sanitation & Housing Condition:

• Nearly 62.3 percent of rural household and 16.7 percent of urban households did not have any bathroom facility.

• 59.4 percent and 8.8 percent households in rural India and urban India respectively had no latrine facilities.

• The households having latrine facilities, 31.9 percent and 63.9 percent households in rural India and urban India respectively had access to its exclusive use.

• About 38.8 percent and 89.6 percent households in rural and urban India respectively had access to improved type of latrine.

• 80.0 percent of rural households and 97.9 percent of urban households had electricity for domestic use.

• 94.2 percent households in rural India and 71.3 percent in urban India had secured tenure in their dwelling.

• 65.8 percent of rural households and 93.6 percent of urban households lived in a house with pucca structure whereas 24.6 percent of rural households and 5.0 percent of urban households lived in a house with semi-pucca structure during 2012.

• Only 26.3 percent and 47.1 percent households in rural India and urban India respectively had dwelling units with good ventilation.

• 31.7 percent of rural households and 82.5 percent of urban households had improved drainage facility in  the environment of theirdwelling units

• 32 percent of rural households and 75.8 percent in urban household’s areas had some garbage disposal arrangement.

• Only 10.8 percent of urban dwelling units were situated in slum.

• The households living in slums/ squatter settlements, percentage of households who tried to move out of slums/ squatter settlements were 8.5 percent, 4.9 percent and 6.9 percent in case of notified slums, non-notified slums and squatter settlements respectively.

• At all-India level 70.8 percent of households had cited better accommodation as the main reason for which they thought to move out of the slum/ squatter settlement whereas 11.7 percent households had identified proximity to place of work as the main reason.

Supreme Court ruled Homosexuality is offence

The Supreme Court of India on 11 December 2013 upheld the constitutional validity of Section 377 of the Indian Penal Code making gay sex an offence punishable with upto life imprisonment. A bench of justices G S Singhvi and S J Mukhopadhaya set aside the Delhi High Court’s verdict which had in 2009 decriminalised gay sex among consenting adults in private. The Supreme Court bench allowed the appeals filed by various social and religious organisations challenging the Delhi high court verdict on the ground that gay sex is against the cultural and religious values of the country. The Supreme Court ruled that there is no constitutional infirmity in section 377 of the Indian Penal Code, IPC which makes gay sex an offence punishable with upto life imprisonment. With the apex court verdict, the operation of penal provision against gay sex has come into force. The bench stated Parliament iks authorised to delete section 377 of IPC but till the time this penal provision is there, the court cannot legalise this kind of sexual relationship.

The court passed the order on a batch of petitions of anti-gay right activists and social and religious organisations against the Delhi High Court’s verdict decriminalising gay sex.

The Delhi High Court had on 2 July 2009 decriminalised gay sex as provided in Section 377 of the IPC and had ruled that sex between two consenting adults in private would not be an offence.

Section 377 in the Indian Penal Code, 1860

Section 377: Unnatural offences; Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

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