unacademy 21 April 2018 The Hindu Daily News & Editorial Analysis Today we shall discuss: Delivered by : Sumant Kumar . B.Tech in Computer Science Congress, six other parties move to impeach CJI Misra How is the Chief Justice of India impeached? + Swell waves Indian National Centre for Ocean Information Services (INCOIS) Mission impossible: Editorial1+ Conscience call: Editorial2 Checks against atrocities: Article Page6 The Bakherwals' long walk: Page7 Finance panel terms antidemocratic: CPI(M): Page8 'Withdraw hire and fire policy': Page8 Cabinet to discuss death penalty for rape of minors: Page8 Commonwealth of Nations & Engineering, NIT Allahabad Have written UPSC Main Exam in 2016 and 2017 with Physics Optional
unacademy a search Courses, Topics & Educators Sumant KumarVERIFIED Follow An NIT Allahabad Graduate. Computer Sci & Engg. Have written UPSC Mains 2 times with Physics. Follow me for TheHindu News/Edit + CA Analysis 411 This month views N 60,753 Lifetime Views 6 Courses 2.owers O Following Notes? By Sumant Kumar By Sumant Kumar (Hindi) April 2018: The Hindu Editorial Analysis for UPSC CSE (Hindi) March 2018: The Hindu Editorial Analysis for UPSC. unacademy.com/userlAdSumant
Reschedule Bengal panchayat polls: HC: Page1&5 The Calcutta High Court on Friday directed the State Election Commission to reschedule the panchayat elections in West Bengal and issue fresh dates in consultation with different stakeholders. EC-Election Commission Da permanent and independent body established by directly. O ensure free and fair elections in the country. Article 324 of : Power of superintendence/direction/control of elections to * Parliament, State legislatures, the office of President of India and the office of Vice-president of India shall be vested in Election commission. Thus, the Election Commission is an all-India body in the sense that it is common to both Central government and state governments EC is not concerned with elections to panchayats and muncipalities in the states. o For this, O provides for a separate State Election Commission. o Vide 73rd and 74th Constitutional Amendment Acts of 1992
Congress, six other parties move to impeach CJI Misra: Page1 The Congress, supported by six other Opposition parties in the Rajya Sabha, on Friday took the unprecedented step of moving an impeachment motion against Chief Justice of India (CJI) Dipak Misra on grounds of misbehaviour, and levelled five charges against him. It is the first time a sitting Chief Justice will face an impeachment notice in India's constitutional history. Justice V. Ramaswami was the first judge against whom impeachment proceedings were initiated. The notice comes a day after the Supreme Court rejected a clutch of petitions seeking a probe into the circumstances surrounding the death of judge B.H. Loya, who was hearing the Sohrabuddin Sheikh encounter case in which BJP president Amit Shah was an accused. The court held that Loya had died of "natural causes". The Congress, however, insisted that the move was not linked to the verdict in the Loya case.
Opposition presses five charges:Page9 The five salvos Allegedly antedating an administra- tive order to make sure mentioning Opposition MPs have levelled five charges in their motion to impeach Chief Justice Dipak Misra can be made only in the CJl's court An old allegation about his surrendering a piece of land, 4 Prasad Education Trust case: references to the CJI by innuendo whose allotment was cancelled in 1985, only in 2012 after his in transcripts of phone conversations relating to alleged bribery; denial of permission to CBl to register FIR against Allahabad High Court judge elevation to the Supreme Court Allegedly abusing his power as 'master of 5 Dealing with the education trust's matter on both judicial and admin 2 istrative side, when a petition seeking investigation into the matter was filed the roster' to allot matters to particular Benches with "likely intent to influence the outcome"
How is the Chief Justice of India impeached? Article 124(4) of the Constitution of India states: "A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity" 100 Lok Sabha MPs or 50 Raiya Sabha MPs is the minimum number of signatories required to issue the notice Who gets this notice and what should they do? O The notice has to be handed over either to the Speaker if it is from Lok Sabha MPs or to the Chairman if it is Rajya Sabha MPs. The Chairman of the Rajya Sabha is the Vice President of India If and when the motion is admitted, the Speaker or the Chairman will have to constitute a three-member committee to investigate the charges levelled against the Supreme Court judge This committee will consist of a senior Supreme Court judge, a High Court judge and a 'distinguished jurist' a highly qualified law professor who has been appointed as a Supreme Court judge by the President of India who is What happens next? The three-member committee has to support the motion for it to be sent back to the House where it was introduced In the House, it has to be discussed and passed with a special majority not less than two-thirds. This means, in case of a full House seated, at least 364 Members should be have voted for the motion in the Lok Sabha, and 164 Members in the Rajya Sabha This will then pass on to the other House where it has to be passed by special majority again. Once it passes both the Houses of Parliament, the President can be approached to remove the Chief Justice of India
Impeachment move doesn't fetter CJI,say experts: Page9 Former Chief Justices of India and eminent jurists said on Friday that there was no need for Chief Justice of India Dipak Misra to withdraw from work merely because a group of Opposition MPs had submitted a notice for his impeachment to the Raiya Sabha Chairman OBoth the Constitution and the Judges (Inquiry) Act of 1968 are silent on whether a judge facing impeachment motion should recuse from judicial and administrative work till he is cleared of the charges against him. OThis is the first time that a Chief Justice of India is facing an impeachment motion. O"Neither the law nor propriety requires the CJl to withdraw from work. Until the Rajya Sabha Chairman makes up his mind to admit the motion and refer it to an Inquiry Committee under the 1968 Act, things will be as usual for the CJI, O"Just because a motion is moved, why should he [CJI Misra] actually cease to do his work. Otherwise, tomorrow any 50 MPs can sign an impeachment motion and hold the judiciary to ransom." OFormer Chief Justice of India R.M. Lodha said it was the CJI's call whether or not to withdraw from work voluntarily.
The jurists are, however, divided on whether a decision by the Rajya Sabha Chairman to refuse the impeachment motion would be judicially reviewable. Justice Lodha said the decision of the Chairman was open to udicial scrutiny. o impeachment was a "legislative process where a decision thereon is amenable to judicial scrutiny o the Chairman's decision was not protected by parliamentary privilege OJustice Balakrishnan: o "He [Chairman] is a constitutional authority. This motion is made by over 60 MPs. The Chairman cannot refuse the motion on flimsy grounds. He cannot delay and let uncertainty continue. He has to decide within a reasonable time,":
The long road to impeachment Now that the motion has been submitted, what happens next? from the judge in his defence, and its report and the impeachment adduce evidence or cross-examine House Article 124(4) of the Constitution says a judge of the Supreme Court can be removed only by impeachment for 'proven misbehaviour or incapacity . Chairman and Vice-President M Venkaiah Naidu may admit the give an opportunity to the judge to motion or reject it If admitted, he has to form a three-member investigation committee, comprising a judge of a report to the Chairman. If it motion will be taken up by the witnesses . The motion has to be passed by both Houses with a two-thirds majority of the members present .The committee will submit the Supreme Court, Chief Justice contains a finding that the judge is and voting, and a majority of the of a high court, and a distinguished not guilty, there shall be no further total membership of the House jurist . The committee will frame charges, obtain a written statement guilty of one or more charges action . If both Houses pass the motion, anaddress for the judge's removal will be presented to the President .If the committee finds the judge It (impeachment motion) is a revenge petition after the We all are very disturbed about it falsehood of the Congress has been AKSIKRI& ASHOK BHUSHAN, Justices of the people, we cif justice accountable established in the Justice Loya death case. ARUN JAITLEY, Finance Minister s representatives are entitled to hold the He said this in a Facebook post titled Judge Loya Death Case The One That Almost Created a Judicial Mutiny KAPIL SIBAL, Congress leader There is no impeachment motion moved as far as I am aware of. I don't know. I am sorry. I can't comment. Till Congress leaders Ghulam Nabi Azad, Kapil Sibal, CPI's D yesterday we had not moved any impeachment motion Raja and KTS Tulsi at a presser after filing the notice PT PRAKASH KARAT, CPI-M leader
Nothing on Page 2, 3, 4 Naroda verdict disappoints victims: Page5 D 2002 Riots Guj Min Maya Kodnani OThe High Court verdict on Friday, acquitting former Gujarat Minister Maya Kodnani in the Naroda Patiya case Swell waves forecast along India's coasts: Pages Swell waves' are massive ripples that form on the sea due to winds coming from as far away as Madagascar. "They might appear to be tsunami-like waves but have completely different characteristics," OThe waves will be first experienced along the western coast of India and Lakshadweep by the morning hours of Saturday ie., April 21 and subsequently along the Bay of Bengal by Sunday, April 22. OThe wave impact in the Bay of Bengal could be particularly high off the west coast of the Andaman and Nc bary adel Nicobar Islands. In the Bay of Bengal, the high swell-wave regime is likely to decrease only by Tuesday (April 24). OHowever, the swell energy is likely to be higher on Monday in the Bay of Bengal. The low-lying coasts of Kerala and West Bengal are particularly vulnerable, the NDMA adds High energy swell waves, with heights between 2 m and 3 m and periods between 17-22 seconds are likely to be experienced in the seas around India," This is based on a forecast from the Hyderabad-based Indian National Centre for Ocean Information Services (INCOIS), which is charged with issuing tsunami alerts.
Value Addition: Indian National Centre for Ocean Information Services (INCOIS) DINCOIS is an autonomous organization of the Union Government. It comes under the Ministry of Earth Sciences. it was established in 1999 OHQ: Hyderabad Olts mandated is to provide the best possible ocean information and advisory services to government agencies, society, industry and the scientific community through sustained ocean observations and constant improvements through systematic and focussed research
Conscience call: Editorial2 Page6 The scale of the humanitarian crisis faced by Rohingya refugees was highlighted this month when Myanmar claimed it had repatriated a family of five. DRepatriate: return to one's own country. About 700,000 Rohingya have fled to Bangladesh from their homes in Myanmar's Rakhine province since August 2017. OBangladesh Prime Minister Sheikh Hasina asked the international community to put more pressure on Myanmar to "take back their own people and ensure their security". OBangladesh has been at the forefront of seeing to the needs of the refugees, and trying to get Myanmar to create the conditions for their eventual safe return to their homes. The world needs to do a lot more especially India, as a neighbour that has an estimated 40,000 Rohingya refugees living precariously on its territory, and as a regional power that is failing this time round to keep up its legacy of providing succour to those fleeing persecution.
Unlike other offences, untouchability is an offence under the Constitution-Article 17 prescribes that "the enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law' Along with Articles 14, 21 and the rest of them, Article 17 is thus exalted to the position of a fundamental right OHowever, despite the laws, it is generally accepted that Article 17 has not succeeded in achieving its mandate largely due to inadequate enforcement, in turn leading to low conviction rates and a huge pendency of cases. DConsequently, the legislative trend has been to progressively make the penal law tougher. o In 2016, several amendments were introduced to strengthen the 1989 Act such as: including more acts as atrocities; increasing the quantum of punishment for the offences defined as atrocities; imposing an enhanced duty on public servants such as police officers who are required to enforce the Act; constituting special and exclusive courts to try offences under the Act; introducing time limits for investigation and trial; providing enhanced state machinery for arrest, investigation and trial; . . using presumptions to make convictions easier; and * detailed regulation of the rights of victims and witnesses under the Act.
Issues: o Recent eviction drives, driven by local misconceptions that the groups are responsible for large-scale encroachment of forest land have left both communities fearful that the PDP-BJP government is planning to take away these traditional rights. o They say they have been on the side of Indian security forces since 1947. In Kashmir, they are perceived as helping security forces against militants. They were designated the Scheduled Tribe status in 1991. O The Gujjars and Bakarwals number roughly 20 lakh, or 80 per cent of the Scheduled Tribe population of the state. Of them, only four lakh (three lakh of them Bakarwals) now continue the practice of migration twice a year, while the others have settled across the Jammu region. In 1991, when the Centre declared the Gujjars and Bakarwals STS, they were granted 10 per cent reservation in jobs and promotions in the state government, and 7 per cent in Central government departments.
Finance panel terms antidemocratic: CPI(M: Page8 Concerns: Terms of reference of FC 2001 Census data instead of 1971 data terms were intended to reduce the share of the States in the overall tax devolution squeeze their fiscal space, impose unacceptable conditionalities and privilege Centrally sponsored schemes over the State programmes. "As a result of the proposed change in the population base year from 1971 to 2001, the terms threaten to impair seriously the finances of the State governments that performed well with respect to population control," extraneous steps such as discouraging populist policies were not the business of the finance panel. "It appears an ideologically loaded intervention as far as the terms of reference are concerned" the terms had reference to discouraging populist program mes, pointing out that whether a programme was populist or not was a decision to be made in the political domain. "The mid-day meal scheme, for instance, launched as welfare measure has become the declared state policy,".
Benefits: OSeveral countries (such as Britain, Caribbean islands) grant the right to vote to any commonwealth country citizen residing in their territory to vote in their elections DIn non-commonwealth countries, commonwealth countries can seek assistance at the British embassy, in case their own country does not have consular services in that country Other Issues: DOn occasion, the commonwealth has suspended members for not maintaining democratic governments (such as Nigeria from 1995-1999). ORecently, there have been lots of protests demanding that Sri Lanka be dropped, given the war crimes inflicted on Tamils during the civil war For New Delhi, cementing relations with small island states in some of which it has no diplomatic presence - was seen as one of the main opportunities.
B.Tech NIT Allahabad. Have written UPSC Mains 2 times with Physics. Channel "Sumant Kumar" on Youtube for Current Affairs Analysis.