Law and compassion
Law and compassion Tamil Nadu Governor Banwarilal Purohit has decided that only the President can decide the issue of granting remission to the seven life convicts in the Rajiv Gandhi assassination case. Is the Governor correct in putting the ball in the President’s court, contrary to the State Cabinet’s advice? It has often been stressed by the Supreme Court that the clemency powers of the President, under Article 72, and the Governor, under Article 161, stand on an equal footing, and are exercised solely on Cabinet advice. The only limitation in Article 161 is that it should relate to “the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends”. It may be that the Governor decided that it is beyond the State’s executive power because the Rajiv Gandhi case was tried under a central anti-terrorism law and under CBI probe. Further, in a situation arising from the State government’s attempt in 2014 to remit their sentences under the Cr.P.C., the apex court had ruled in 2015 that such remission would require the Centre’s concurrence. However, this is not a tenable argument, as the same judgment made it clear that its opinion was limited to the Cr.P.C. and would not bind the sovereign power conferred on the President or the Governor under the Constitution. Also, it cannot be forgotten that the apex court had dropped charges under the now-defunct TADA, and sentenced the convicts only under the IPC for the murder conspiracy. As the only surviving sentences are under the IPC, there seems to be nothing in law that bars the Governor’s jurisdiction. The decision is debatable for the unusual delay in the Governor reaching his conclusion as much for its legal correctness. It took Mr. Purohit more than two years — since the State Cabinet advised him in September 2018 to order the convicts’ release — to decide the question. The Supreme Court has been asking him to avoid a situation in which it would have to intervene. One could speculate that the delay reflected the Centre’s concern about releasing those involved in the plot to assassinate a former Prime Minister, and its ramifications for its policy of ‘zero tolerance’ towards terror. It is equally a matter of speculation whether the ruling party at the Centre is reserving the issue for appropriate use closer to the Assembly polls. It is unfortunate that a new legal question on which authority has the power to decide the issue has been tossed into the equation so late in the day. The Court should settle this. The convicts’ continuing incarceration for nearly 30 years, notwithstanding the gravity of their crime, has acquired a humanitarian dimension to many. It is vital that law and compassion, rather than politics and electoral considerations, form the basis for any decision on their release. Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
Washington Consensus
Washington Consensus The Washington Consensus refers to a set of free-market economic policies supported by prominent financial institutions such as the International Monetary Fund, the World Bank, and the U.S Treasury. A British economist named John Williamson coined the term Washington Consensus in 1989. The ideas were intended to help developing countries that faced economic crises. The Washington Consensus recommended structural reforms that increased the role of market forces in exchange for immediate financial help. Some examples include free-floating exchange ratesand free trade. Critics have pointed out that the policies were unhelpful and imposed harsh conditions on the developing countries, others have defended the long-term positive impact of these ideas. Principles of The Washington Consensus: These are the ten specific principles originally set out by John Williamson in 1989: Low government borrowing. The idea was to discourage developing economies from having high fiscal deficits relative to their GDP. Diversion of public spending from subsidies to important long-term growth supporting sectors like primary education, primary healthcare, and infrastructure. Implementing tax reform policies to broaden the tax base and adopt moderate marginal tax rates. Selecting interest rates that are determined by the market. These interest rates should be positive after taking inflation into account (real interest rate). Encouraging competitive exchange rates through freely-floating currency exchange. Adoption of free trade policies. This would result in the liberalization of imports, removing trade barrierssuch as tariffs and quotas. Relaxing rules on foreign direct investment. The privatization of state enterprises. Typically, in developing countries, these industries include railway, oil, and gas. The eradication of regulations and policies that restrict competition or add unnecessary barriers to entry. Development of property rights. Read UPSC 2021 Mains Complete Questions Criticisms : Some economists argue that free trade is not always in the best interest of developing economies. Some strategic and infant industries have to be protected initially to provide long-term growth. These industries may also require protection in the form of subsidies or tariffs against imports. Chinese firms, aided by the government, have been investing large sums in developing economies in Africa, Asia, and Latin America. These firms typically invest in infrastructure, creating opportunities for long-term trade and growth. Privatization can increase productivity and enhance the quality of the product or service. However, privatization can often lead to companies ignoring certain low-income markets or the social needs of a developing economy. The free market has its own faults and instabilities. As we saw with the Great Recession in 2008-2009, increased deregulation can lead to financial volatility that can infect the entire economy. Read Also Permanent Court of Arbitration Central Asia Meet Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
National Crisis Management Committee
National Crisis Management Committee It is a committee set up by Government of India in the wake of natural calamity for effective coordination and implementation of relief measures and operations It is country’s apex body to handle any emergency. This committee also issues directions to the Crisis Management Group Crisis Management Group It deals with matters relating to relief in the wake of major natural calamities. It includes Relief Commissioner and other nodal officers from various concerned Ministries. Following are functions of the group To review contingency plans formulated by various Ministries To review measures required for dealing with a natural disaster To coordinate the activities of the Central Ministries and the State Governments in relation to disaster preparedness & re At the national level, Cabinet Committee on Security (CCS) and National Crisis Management Committee (NCMC) are the key committees involved in the top-level decision-making with respect to Disaster Management (DM). A National Crisis Management Committee(NCMC) has been constituted in the Cabinet Secretariat. It deals with major crisis which have serious or national ramifications. Read Landslides in india Key functions: Oversee the Command, Control and Coordination of the disaster response. Give direction to the Crisis Management Group (CMG) as deemed necessary. The composition of the Committee Cabinet Secretary -Chairman, Secretary to Prime Minister- Member Secretary (MHA)- Member Other secretaries of concerned Ministries/Departments & agencies Read Also LEDP Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
Pangong Lake
Pangong Lake Pangong Lake, situated at a height of almost 4,350m, is the world’s highest saltwater lake. Its water, which seems to be dyed in blue, stand in stark contrast to the arid mountains surrounding it. Extending to almost 160km, one-third of the Pangong Lake lies in India and the other two-thirds in China. Pangong Lake, one of the most famous lakes in Leh Ladakh, derives its name from the Tibetan word, “Pangong Tso”, which means “high grassland lake”. It is also known to change colors, appearing blue, green and red at different India – China: China’s military announced on Wednesday that front line troops of India and China had begun disengaging in a “synchronised and organised” manner from the north and southbanks of Pangong lake, where both sides have been locked in a stand-offfor months which, was the first step in the long process of disengagement and de-escalation. This restarts the stalled process of disengagement in the most protracted military standoffs between India and China in decades that has resulted in the death of 20 Indian soldiersand an unknown number of Chinese casualties at Galwan on June 15, 2020. This is the first phase of disengagement with some tanks and armoured elements on the South bank being withdrawn as well as thinning down of troops on the north bank, a Government of India source. However, troops continue to remain in key positions. Multi-step process: It would be a multi-step process for disengagement and de-escalation along the Line of Actual Control (LAC). People’s Liberation Army (PLA) Senior Colonel Wu Qian, spokesman for the Ministry of Defence, said in a statement issued in Beijing: “The Chinese and Indian front line troops at the southern and northern banks of the Pangong Tso Lake start synchronised and organised disengagement from February 10. This move is in accordance with the consensus reached by both sides at the 9th round of China-India Corps Commander Level Meeting.” China’s Foreign Ministry spokesperson Wang Wenbin said in a statement: “According to the consensus reached at the Chinese and Indian Foreign Ministers’ meeting in Moscow and the ninth round of commander-level talks between the two sides, the front-line troops of the Chinese and Indian militaries began to conduct simultaneous and planned disengagement in the Pangong Lake area on February 10. Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
Sedition Law
Sedition Law Section 124A IPC states: “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which a fine may be added; or, with imprisonment which may extend to three years, to which a fine may be added; or, with fine.” Section 124A has been challenged in various courts in specific cases. The validity of the provision itself was upheld by a Constitution Bench in 1962, in Kedarnath Singh vs State of Bihar.That judgment went into the issue of whether the law on sedition is consistent with the fundamental right under Article 19 (1) (a) which guarantees each citizen’s freedom of speech and expression.The Supreme Court laid down that every citizen has a right to say or write about the government, by way of criticism or comment, as long as it does not “incite people to violence” against the government established by law or with the intention of creating public disorder.In the current Mumbai case, Chudawala’s lawyer submitted that the slogan was not raised with the intent of inciting violence, nor had it led to any public disorder. Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
Nikita Jacob gets 3-week transit anticipatory bail
Nikita Jacob gets 3-week transit anticipatory bail The Bombay High Court has granted transit anticipatory bail for three weeks to advocate Nikita Jacob in connection with climate campaigner Greta Thunberg’s ‘toolkit’ related to the farmers’ protest. Anticipatory Bail: Section 438 of the Code of Criminal Procedure (CrPC) talks about grant of bail to a person anticipating arrest. An application for such a bail can be made before a high court or a sessions court whenever anyone feels they may be arrested on accusation of having committed a non-bailable offence. So the difference between an ordinary bail order and an anticipatory bail order is that the former is granted after arrest and, therefore, leads to the release of the accused from custody, while an anticipatory bail is granted in anticipation of the arrest and is, therefore, effective at the very moment of arrest. A transit anticipatory bail is sought when a case against a person has been or is likely to be filed in a state different from the one in which he or she is likely to be arrested. So the purpose of a transit bail is to allow the person bail, so they can approach the appropriate court in the state in which the case has been filed for anticipatory bail. In the absence of transit anticipatory bail, the result would be that another state’s police could arrest a person from their home state without them having the opportunity to apply for anticipatory bail at all. The only option then left would be to apply for regular bail once they are arrested and taken to the state in which the caseis registered.
DNA Technology Regulation Bill
DNA Technology Regulation Bill The DNA Technology Regulation Bill was introduced in the Lok Sabha in July 2019. The Bill was then referred to the Parliamentary Standing Committee on Science and Technology. The committee recently, in a draft report, pointed out that some of the provisions in the bill could be misused in different ways. The standing committee pointed out that the DNA profiles can reveal extremely sensitive information of an individual & hence could be misused for caste/community-based profiling. There are criticisms that the DNA profiling bill is a violation of human rights as it could also compromise with the privacy of the individuals. Also, questions are being raised on how the bill plans to safeguard the privacy of DNA profiles stored in the databanks Purpose The primary intended purpose of “The DNA Technology (Use and Application) Regulation Bill, 2019” is for expanding the application of DNA-based forensic technologies to support and strengthen the justice delivery system of the country. The utility of DNA based technologies for solving crimes, and to identify missing persons, is well recognized across the world. By providing for the mandatory accreditation and regulation of DNA laboratories, the Bill seeks to ensure that with the proposed expanded use of this technology in this country, there is also the assurance that the DNA test results are reliable, and furthermore that the data remain protected from misuse or abuse in terms of the privacy rights of our citizens. DNA Technology Regulation Bill The proposed legislation will empower the criminal justice delivery system by enabling the application of DNA evidence, which is considered the gold standard in crime investigations. Establishment of the National and Regional DNA Data Banks, as envisaged in the Bill, will assist in forensic investigations. The proposed Bill will give fillip to the development of uniform code of practices in all laboratories involved in DNA testing throughout the country . This will aid in scientific up gradation and streamlining of the DNA testing activities in the country with appropriate inputs from the DNA Regulatory Board which would be set up for the purpose. It is expected that the expanded use of this scientifically driven technology would empower the existing justice delivery system. Challenges The DNA profiles can reveal extremely sensitive information of an individual & hence could be misused for caste/community-based profiling. DNA profiling bill is a violation of human rights as it could also compromise the privacy of the individuals. One of the longstanding defects of India’s criminal justice system is the lack of legal aid systems to help both victims and accused, especially those from marginalized sections of society. Biological Surviallnce Lack of infrastructure for conducting DNA tests in the country. DNA database will exacerbate rather than solve problems in the criminal justice system. Way Forward To establishing Independent Regulator The number of labs need to be addressed Ensuring Transparency To protecting the citizens’ privacy. Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
Rescue efforts resume in Tapovan dam tunnel
Rescue efforts resume in Tapovan dam tunnel Rescue operations at the NTPC’s Tapovan hydel project tunnel in Uttarakhand’s Chamoli district, where about 35 workers were trapped after a snow avalanche triggered flash floods on Sunday, continued There was, however, a brief halt due to reports of an increase in the water level of Dhauliganga river, on which the project is built. With two more bodies being recovered, the toll in the accident has risen to 36. Joint rescue team “The joint team has now resumed work inside the tunnel. Earlier, following information about a rise in the water level, we had taken some precautionary measures for about an hour,” said an official. Union Home Secretary Ajay Kumar Bhalla chaired a meeting to review the progress of the rescue and relief work. “Secretary, Defence Research and Development Organisation, has been asked to depute experts for analysis of the situation and for taking appropriate remedial measures in coordination with the Central and State agencies,” said a Ministry statement. In the early hours of Thursday, the team started a drilling operation to peep into an interlinked silt tunnel, in the hope of establishing contact with the trapped workers. The joint team had been clearing sludge and debris from the main project tunnel for the past four days, but was not able to reach the T-junction where workers are suspected to be trapped. Read Also Rat hole mining Tapovan dam tunnel: Tapovan Hydro-Electric Power Dam, also known as Rishi Ganga Project was completely washed off following a glacier burst in the Chamoli district, said the Indian Air Force’s initial report as Advanced Light Helicopter (ALH) deployed at Joshimath has undertaken recce of affected areas. “The dam is called Tapovan Hydro-Electric Power Dam. It is on the confluence of Dhauli Ganga and Rishi Ganga. As per the recce Tapovan dam also called Rishi Ganga Project has been completely washed off,”. It said that two bridges at the entrance of Malari valley and near Tapovan are also washed away, while the main road between Joshimath to Tapovan is intact. “Construction work and hutments on valley bottom are damaged. Rubble was seen from the entrance of Nanda Devi glacier till as down as Pipalkoti and Chamoli along Dhauliganga and Alaknanda,”. Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
New York Convention
Cairn files case in U.S. to push India to pay $1.2 bn award Cairn Energy has filed a case in a U.S. district court to enforce a $1.2 billion arbitration award it won in a tax dispute against India, a court document showed, ratcheting up pressure on the government to pay its dues. In December, an arbitration body awarded the British firm damages of more than $1.2 billion plus interest and costs. The tribunal ruled India breached an investment treaty with Britain and said New Delhi was liable to pay. Cairn asked the U.S. court to recognise and confirm the award, including payments due since 2014 and interest compounded semi-annually, according to the Feb. 12 filing seen by Reuters. The case marked a first step in Cairn’s efforts towards recovering its dues, potentially by seizing Indian assets, if the government did not pay, a source with knowledge of the arbitration case told Reuters. “If Cairn wins the case, it will be a step towards attaching and seizing Indian assets overseas, especially in the U.S.,”. Reuters reported last month that Cairn was identifying India’s overseas assets, including bank accounts and even Air India planes or Indian ships, that could be seized in the absence of a settlement. New York Convention Cairn aims to enforce the award under international arbitration rules, commonly called the New York Convention, and recover losses caused by India’s “unfair and inequitable treatment of their investments”, the court filing showed. Read India Foreign Policy Objectives of New York Convention: Recognizing the growing importance of international arbitration as a means of settling international commercial disputes, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention) seeks to provide common legislative standards for the recognition of arbitration agreements and court recognition and enforcement of foreign and non-domestic arbitral awards. The term “non-domestic” appears to embrace awards which, although made in the state of enforcement, are treated as “foreign” under its law because of some foreign element in the proceedings, e.g. another State’s procedural laws are applied. The Convention’s principal aim is that foreign and non-domestic arbitral awards will not be discriminated against and it obliges Parties to ensure such awards are recognized and generally capable of enforcement in their jurisdiction in the same way as domestic awards. An ancillary aim of the Convention is to require courts of Parties to give full effect to arbitration agreements by requiring courts to deny the parties access to court in contravention of their agreement to refer the matter to an arbitral tribunal. Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
Digital Services Tax
Digital Services Tax The United States Trade Representative (USTR) published a report concluding that the 2 per cent digital services tax (DST) introduced by the Indian government vide the 2020 Finance Act discriminates against US businesses, contravenes settled principles of international tax law, and restricts US commerce. The report was published following an investigation conducted by USTR under section 301 of the US Trade Act, 1974, which authorises it to appropriately respond to a foreign country’s action that is discriminatory and negatively affects US commerce. India ’s response: India’s 2 per cent DST is levied on revenues generated from digital services offered in India, including digital platform services, digital content sales, and data-related services. Pertinently, India was one of the first countries in the world to introduce a 6 per cent equalisation levy in 2016, but the levy was restricted to online advertisement services (commonly known as “digital advertising taxes” or “DATs”). The 2020 DST, however, is broader in scope and extends to all kinds of digital transactions. The DST is aimed at ensuring that non-resident, digital service providers pay their fair share of tax on revenues generated in the Indian digital market. Currently, Indian double taxation avoidance agreements (tax treaties) with foreign jurisdictions do not permit the source-based taxation of business profits of non-resident companies in India in the absence of what is called a “permanent establishment” (PE). By definition, a PE is a fixed place of business through which the business activities of a non-resident company are carried on in India. Importantly, while non-resident, non-digital service providers pay Indian corporate tax on income attributed to a PE in India, business models employed by non-resident digital service providers obviate the need for a physical presence in India and profits attributed to the Indian market could easily escape the Indian income tax net. sections 301(b) and 304(a)(1)(B) of the Trade Act provide that if the U.S. Trade Representative determines that an act, policy, or practice of a foreign country is unreasonable or discriminatory and burdens or restricts United States commerce, the U.S. Trade Representative shall determine what action, if any, to take under Section 301(b). USTR Report Findings: The USTR report finds the DST to be discriminatory on two counts. First, it states that the DST discriminates against US digital businesses because it specifically excludes from its ambit domestic (Indian) digital businesses. And second, according to the report, the DST does not extend to identical services provided by non-digital service providers. While both these findings may seem justified at first glance, they are wholly misplaced and disregard the background and context in which the DST was introduced. Several aspects of the DST exacerbate this tax burden, including the DST’s extraterritorial application, its taxation of revenue rather than income, and its low domestic revenue threshold which allows India to tax U.S. firms that do relatively little business in India. Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
