THE NATIONAL HUMAN RIGHTS COMMISSION

THE NATIONAL HUMAN RIGHTS COMMISSION

Constitution of a National Human Rights Commission

(1) The Central Government shall constitute a body to be known as the National Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act.

(2) The Commission shall consist of:

(a) a Chairperson who has been a Chief Justice of the Supreme Court;

(b) one Member who is or has been, a Judge of the Supreme Court;

(c) one Member who is, or has been, the Chief Justice of a High Court;

(d) two Members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.

(3) The Chairperson of the National Commission for Minorities, [the National Commission for the Scheduled Castes, the National Commission for the Scheduled Tribes] and the National Commission for Women shall be deemed to be Members of the Commission for the discharge of functions specified in clauses (b) to (j) of section 12.

(4) There shall be a Secretary-General who shall be the Chief Executive Officer of the Commission and shall exercise such powers and discharge such functions of the Commission [except judicial functions and the power to make regulations under section 40 B], as may be delegated to him by the Commission or the Chairperson as the case may be.

(5) The headquarters of the Commission shall be at Delhi and the Commission may, with the previous approval of the Central Government, establish offices at other places in India.

Appointment of Chairperson and other Members

(1) The Chairperson and [the Members] shall be appointed by the President by warrant under his hand and seal; Provided that every appointment under this sub-section shall be made after obtaining the recommendations of a Committee consisting of–

(a) The Prime Minister — Chairperson

(b) Speaker of the House of the People — Member

(c) Minister in-charge of the Ministry of Home Affairs in the Government of India — Member

(d) Leader of the Opposition in the House of the People — Member

(e) Leader of the Opposition in the Council of States — Member

(f) Deputy Chairman of the Council of States — Member

Provided further that no sitting Judge of the Supreme Court or sitting Chief Justice of a High Court shall be appointed except after consultation with the Chief Justice of India.

(2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any [vacancy of any member in the Committee referred to in the first proviso to sub-section (1)].

Resignation and removal of Chairperson and Members

(1) The Chairperson or any Member may, by notice in writing under his hand addressed to the President of India, resign his office.

(2) Subject to the provisions of sub-section (3), the Chairperson or any Member shall only be removed from his office by order of the President of India on the ground of proved misbehaviour or incapacity after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or the Member, as the case may be, ought on any such ground to be removed.

(3) Notwithstanding anything in sub-section (2), the President may, by order, remove from office the Chairperson or any Member if the Chairperson or such Member, as the case may be–

(a) is adjudged an insolvent; or

(b) engages during his term of office in any paid employment outside the duties of his office; or

(c) is unfit to continue in office by reason of infirmity of mind or body; or

(d) is of unsound mind and stands so declared by a competent court; or

(e) is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.

Term of office of Chairperson and Members

(1) A person appointed as Chairperson shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier.

(2) A person appointed as a Member shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment for another term of five years. Provided that no Member shall hold office after he has attained the age of seventy years.

(3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the Government of India or under the Government of any State.

Functions of the Commission

The Commission shall perform all or any of the following functions, namely:-

(a) inquire, suo motu or on a petition presented to it by a victim or any person on his behalf [or on a direction or order of any court], into complaint of

(i) violation of human rights or abetment thereof; or

(ii) negligence in the prevention of such violation, by a public servant;

(b) intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;

(c) visit, notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations thereon to the Government;

(d) review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation;

(e) review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures;

(f) study treaties and other international instruments on human rights and make recommendations for their effective implementation;

(g) undertake and promote research in the field of human rights;

(h) spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means;

(i) encourage the efforts of non-governmental organisations and institutions working in the field of human rights;

(j) such other functions as it may consider necessary for the protection of human rights.

Powers relating to inquiries

(1) The Commission shall, while inquiring into complaints under this Act, have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular in respect of the following matters, namely :

(a) summoning and enforcing the attendance of witnesses and examining them on oath;

(b) discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses or documents;

(f) any other matter which may be prescribed.

(2) The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry and any person so required shall be deemed

National Commission for Higher Education

THE NATIONAL COMMISSION FOR HIGHER EDUCATION AND RESEARCH BILL, 2010.

An Act to provide for the determination, co-ordination, maintenance of standards in, and promotion of, higher education and research, including university education, technical and professional education other than agricultural [and medical] education, and for that purpose, to establish the National Commission for Higher Education and Research.

An Act further to promote the autonomy of higher educational institutions for the free pursuit of knowledge and innovation, and for facilitating access, inclusion and opportunities to all, and providing for comprehensive and holistic growth of higher education and research in a competitive global environment through reforms and renovation; and to provide for an advisory mechanism of eminent peers in academia .

NATIONAL COMMISSION OF HIGHER EDUCATION AND RESEARCH

Establishment of National Commission of Higher Education and Research. -

(1) The Central Government shall, by notification, establish, for the purposes of this Act, a Commission to be called the “National Commission for Higher Education and Research”.

(2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose off property, both movable and immovable , and to contract, and shall, by the said name, sue or be sued.

(3) The head office of the Commission shall be at New Delhi.

Appointment of Chairperson and Members of Commission. –

(1) The Commission shall consist of a Chairperson and six other Members.

(2) The office of the Chairperson and three other Members shall be whole-time and salaried.

(3) The Chairperson and the other whole-time Members shall be scholars being persons of eminence and standing in the field of academics and research possessing leadership abilities, proven capacity for institution building and governance of institutions of higher learning and research.

(4) The Members other than the whole-time Members shall be persons of eminence with high academic credentials with proven contribution to economic and social development and experience of engagement with institutions of higher learning and research.

(5) The Chairperson and other Members shall be appointed by the President on the recommendation of a Selection Committee consisting of—

(i) the Prime Minister, who shall be the Chairperson of the Committee;

(ii) the Speaker of Lok Sabha; and

(iii) the Leader of Opposition in Lok Sabha; and

(iv) [the Minister in charge of Higher Education in the Government of India;

(v) the Minister in charge of Medical Education in the Government of India].

(6) The Selection Committee shall make its recommendation from a panel of three names, submitted by the Collegium under clause (c) of sub-section (1) of section 19, for each vacancy.

(7) The Selection Committee shall devise its own procedure for assessing the suitability of the person from the panel of names referred to in sub-section (6) to be recommended to the President for appointment.

(8) Every appointment under this section shall take effect from the date on which it is notified in the Official Gazette by the Central Government.

(9) The Chairperson or other Member shall, before entering office make and subscribe before the President or some other person appointed by the President in that behalf, an oath of affirmation.

Resignation and removal of Chairperson and Members. -

(1) The Chairperson or any Member may, by notice in writing under his hand addressed to the President, resign from office.

(2) The President may remove from office the Chairperson or any Member, who—–

(a) has been adjudged an insolvent; or

(b) has engaged, at any time during his term of office, in any paid employment outside the duties of his office; or

(c) has become physically or mentally incapable of acting as such Chairperson or other Member; or

(d) is of unsound mind and stands so declared by a competent court; or

(e) has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or

(f) has acquired such financial or other interest as is likely to affect prejudicially the exercise of his functions as such Chairperson or other Member; or

(g) has so abused his position as to render his continuance in office prejudicial to the public interest; or

(h) has been guilty of proved misbehavior; or

(i) has such other disqualifications as may be prescribed:

Term of office of Chairperson and Members. -

(1) A person appointed as Chairperson and other Members shall hold office for a term of five years from the date on which he enters upon his office:

Provided that whole-time Members shall cease to hold office on attaining the age of seventy years.

(2) The Central Government shall, to the extent possible, initiate the process of appointment in respect of any vacancy due to arise on the post of Chairperson or other Member before a period of six months from the date of arising of such vacancy.

(3) The Central Government shall ensure that the process of appointment in respect of any vacancy on the post of Chairperson or other Members is completed within a period of six months from the date such vacancy had arisen.

Prohibition as to holding of office by Chairperson or other Member on ceasing to be such Chairperson or Members. -

On ceasing to hold office, the Chairperson or other Member shall be ineligible, for a period of five years from the date on which they cease to hold office, for further employment in, or, in matters related to, any higher educational institution under the Central Government or a State Government or any private higher educational institution.

POWERS AND FUNCTIONS OF THE COMMISSION

(1) The Commission shall, subject to the provisions of this Act and regulations made thereunder, take measures to promote the autonomy of higher educational institutions for the free pursuit of knowledge and innovation, and for facilitating access, inclusion and opportunities to all, and providing for comprehensive and holistic growth of higher education and research in a competitive global environment, through reforms and renovation.

(2) Without prejudice to the generality of the foregoing provisions, the measures referred to in sub-section (1), may, inter alia, provide for all or any of the following matters, namely;

(a) Specify norms and standards for grant of authorization, to a university or an higher educational institution empowered, by or under law, to award any degree or diploma, to commence its first academic operations;

(b) Develop, from time to time, a national curriculum framework with specific reference to new or emerging or inter-disciplinary fields of knowledge and to provide a vision and guide universities in recognizing and revising course curricula;

(c) Specify requirements of academic quality for the award of any degree or diploma in any field of higher education and research;

(d) Specify norms of academic quality for accreditation and benchmarking of higher educational institutions;

(e) Specify norms and processes for establishment and winding up of a university;

(f) Specify norms of academic quality for a university to affiliate colleges;

(g) Specify norms and mechanisms to measure the productivity of research programmes funded by the Commission;

(h) Encourage joint and cross-disciplinary programmes between and amongst Universities and other higher educational institutions;

(i) Promote synergy of research in universities and higher educational institutions with research in other agencies or laboratories;

(j) Develop measures required to lighten the work load of universities in regard to their routine functions and to enhance the quality of time available to universities for research and teaching, and take such measures including schemes for gradually enabling colleges affiliated to universities to function in an autonomous manner independent of such affiliation;

(k) Specify norms and mechanisms for transparent, efficient and accountable governance in universities and other higher educational institutions;

(l) Specify minimum eligibility conditions for appointment of Vice Chancellor of any university or head of an institution of national importance;

(m) Maintain a National Registry of persons eligible and qualified for appointment as Vice Chancellor of a university or the head of an institution of national importance, prepared by the Collegiums;

(n) Encourage universities to formulate a Code of Good Practices in administrative matters and to develop a framework Code to guide universities in formulating such Code of Good Practices;

(o) Encourage, through the creation of an enabling environment, universities to become self-regulatory bodies for the maintenance of academic quality in higher education and research and in colleges affiliated to it;

(p) Develop policies and processes that would create an enabling environment for eligible youth to take up teaching and research as occupation and career;

(q) Develop policies and processes that would enable qualitative and meaningful interaction between students and teachers in higher educational institutions;

(r) establish, as may be specified by regulations, institutions for providing common facilities, services and programmes for a group of universities or for the universities in general and maintain such institutions or provide for their maintenance by allocating and disbursing such grants as the Commission may deem necessary;

(s) Advice, when called upon to do so, the Central Government and State Governments, as the case may be, on policies relating to higher education and research in any field of knowledge therein;

(t) Specify sources, norms and mechanisms for financing higher educational institutions;

(u) Specify norms and principles for allocation of grants, for the maintenance and development or for any other general or specific purpose of a Central University or an institution of national importance;

(v) Specify norms and principles for allocation of grants for the development or for any other general or specific purpose of a State University or an institution deemed to be university supported by the Central Government;

(w) Disburse grants to higher educational institutions in accordance with norms and principles established by regulations;

(x) Specify norms and principles for allocation and disbursement of grants for research in any field of knowledge in an higher educational institution;

(y) Cause to be undertaken policy research in higher education to identify future directions and processes in higher education;

(z) Cause to be undertaken research to assess future knowledge manpower requirements, both in the short-term and in the long-term, in different fields of knowledge for meeting the needs of the economy;

(aa) Cause to be undertaken research to develop a vision on future trends in knowledge.

(ab) Monitor, through a national database, all matters concerning the development of emerging fields of knowledge, balanced growth of higher educational institutions in all spheres and academic quality in higher education and research;

(ac) Develop mechanisms for social audit of the processes in the Commission and obtain public feedback on its performance and achievements;

(ad) Discharge such other functions in relation to the promotion, coordination and maintenance of standards in higher education and research as the Central Government may subject to the provisions of this Act, prescribe.

Powers of Civil Court vested in Commission. -

The Commission shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, (5 of 1908) while trying a suit in respect of the following matters, namely—

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, (1 of 1872) requisitioning any public record or document or copy of such record or document from any office;

(e) issuing commissions for the examination of witnesses or documents;

(f) reviewing its decisions;

(g) dismissing an application for default or deciding it ex-parte;

(h) setting aside any order of dismissal of any application for default or any order passed by it ex-parte; and

(i) any other matter which may be prescribed by the Central Government.

National Board of Examinations

The National Board of Examinations was established in 1975 with the prime objective of improving the quality of the Medical Education by elevating the level and establishing standards of post graduate examinations in modern medicine on an all India basis.

National Board for Health Education (NBHE)

The new Board will have a president, two full-time and four part-time members appointed by the Centre on the recommendations of a search-cum-selection committee.

The NBHE will promote academic studies and research in emerging areas of health education with a focus on professional health education, and ensure uniform augmentation of trained specialists and super specialists.

The draft said the Board will determine, coordinate and maintain standards for health education and research; specify minimum requirements in terms of faculty, infrastructure and clinical workload for establishment of institutions for the discipline of health; lay down curricula for examinations; design and approve new courses of study on the recommendations of the institutes, hospitals and universities; undertake faculty development programmes; specify the schedule of admission for various courses; and importantly, conduct examinations for all under-graduate, post-graduate, doctoral, post-doctoral and diploma courses, fellowship programmes and screening tests.

It will specify parameters defining the equivalence between academic qualifications granted by different health institutions in India and abroad and lay down norms and mechanisms for transparent, efficient and accountable governance in a health university or higher health educational institution.

At the same time, it will approve and notify standards of academic quality for accreditation and benchmarking of education in recognised health institutions.

The NBHE has also been vested with promotion of autonomy of health institutions to facilitate the pursuit of knowledge and innovation, development of curricular framework with specific reference to new, emerging or inter-disciplinary fields of knowledge, and taking measures to enhance access to health education.

Cyber Crime

Cyber crime reached new heights in 2010. That included the Stuxnet computer worm’s attempts to take over the operations of vital installations like power stations and health services. These attacks were done with precision and it required large scale funding, the average cost of each attack estimated at about $850,000. The origins of the attack remain untraced.
In 2011, risks are expected to grow and become more varied. Here are predictions from some of the world’s leading online, PC and mobile security service providers.
Mobile phones at risk
McAfee Labs has predicted that mobile devices, shortened URL services and internet TV platforms would be prime targets in 2011. Google’s Android, Apple’s iPhone, foursquare, Google TV and the Mac OS X platform are all expected to become major targets for cyber criminals. Kaspersky Lab too predicts that mobile operating systems would become vulnerable, and these are likely to affect Android in particular. The majority of attacks, it says, will be carried out via browsers. “We’ve seen significant advancements in device and social network adoption, placing a bulls-eye on the platforms and services that users are embracing the most,” said Vincent Weafer, senior VP in McAfee Labs. “These platforms and services have become very popular in a short time, and we’re already seeing a significant increase in vulnerabilities, attacks and data loss.”
Sophistication mimics legitimacy
Your next computer virus could be from a friend. Malicious content disguised as personal or legitimate emails and files to trick unsuspecting victims will increase in sophistication in 2011. “Signed” malware that imitates legitimate files will become more prevalent, and “friendly fire”, in which threats appear to come from your friends but in fact are viruses such as Koobface or VBMania, will continue to grow as an attack of choice by cyber criminals.
Hacktivism
Next year marks a time in which politically motivated attacks will proliferate and new sophisticated attacks will appear. More groups will repeat the WikiLeaks example, as hacktivism is conducted by people claiming to be independent of any particular government or movement, and will become more organized and strategic by incorporating social networks in the process. McAfee Labs believes hacktivism will become the new way to demonstrate political positions in 2011 and beyond.
Diversity in operation gives away data
Predicting that 2011 would be a profitable one for cyber criminals, Trend Micro points out that diversity of operating systems will expand opportunities for cyber crime. The diversity is expected to bring about a growth in exploits for alternative operating systems, programs and Web browsers, combined with tremendous growth in the use of application vulnerabilities. It also points out that cloud computing and virtualization —while offering significant benefits and costsavings — move servers outside the traditional security perimeter and expand the playing field for cyber criminals. It likewise increases the security demands on cloud service providers.
Targeting business
Kaspersky Lab says traditional cybercrime is increasingly encroaching on those areas that it has, until now, avoided — targetted attacks on businesses. Attacks used to be confined to stealing money from specific users, banking institutions and payment systems; now the technology used by cybercriminals has advanced to such a degree that they are capable of carrying out industrial espionage, blackmail and extortion. Kaspersky predicts an increasing number of attacks on corporate users and the gradual decline in direct attacks on everyday users.

______________________________________________

cybercrime

Computer crime, or cybercrime, refers to any crime that involves a computer and a network, where the computers may or may not have played an instrumental part in the commission of a crime.

Computer crime encompasses a broad range of potentially illegal activities. Generally, however, it may be divided into one of two types of categories: (1) crimes that target computer networks or devices directly; (2) crimes facilitated by computer networks or devices, the primary target of which is independent of the computer network or device.

Examples of crimes that primarily target computer networks or devices would include:

* Computer viruses

* Denial-of-service attacks

* Malware (malicious code)

Examples of crimes that merely use computer networks or devices would include:

* Cyber stalking

* Fraud and identity theft

* Information warfare

* Phishing scams

Spam

Spam, or the unsolicited sending of bulk email for commercial purposes, is unlawful to varying degrees.

Fraud

Computer fraud is any dishonest misrepresentation of fact intended to let another to do or refrain from doing something which causes loss. In this context, the fraud will result in obtaining a benefit by:

* Altering computer input in an unauthorized way. This requires little technical expertise and is not an uncommon form of theft by employees altering the data before entry or entering false data, or by entering unauthorized instructions or using unauthorized processes;

* Altering, destroying, suppressing, or stealing output, usually to conceal unauthorized transactions: this is difficult to detect;

* Altering or deleting stored data;

* Altering or misusing existing system tools or software packages, or altering or writing code for fraudulent purposes.

Other forms of fraud may be facilitated using computer systems, including bank fraud, identity theft, extortion, and theft of classified information.

Obscene or offensive content

The content of websites and other electronic communications may be distasteful, obscene or offensive for a variety of reasons. In some instances these communications may be illegal.

Many jurisdictions place limits on certain speech and ban racist, blasphemous, politically subversive, libelous or slanderous, seditious, or inflammatory material that tends to incite hate crimes. The extent to which these communications are unlawful varies greatly between countries, and even within nations. It is a sensitive area in which the courts can become involved in arbitrating between groups with strong beliefs.

One area of Internet pornography that has been the target of the strongest efforts at curtailment is child pornography.

Harassment

Whereas content may be offensive in a non-specific way, harassment directs obscenities and derogatory comments at specific individuals focusing for example on gender, race, religion, nationality, sexual orientation. This often occurs in chat rooms, through newsgroups, and by sending hate e-mail to interested parties. Any comment that may be found derogatory or offensive is considered harassment.

Drug trafficking

Drug traffickers are increasingly taking advantage of the Internet to sell their illegal substances through encrypted e-mail and other Internet Technology. Some drug traffickers arrange deals at internet cafes, use courier Web sites to track illegal packages of pills, and swap recipes for amphetamines in restricted-access chat rooms.

The rise in Internet drug trades could also be attributed to the lack of face-to-face communication. These virtual exchanges allow more intimidated individuals to more comfortably purchase illegal drugs. The sketchy effects that are often associated with drug trades are severely minimized and the filtering process that comes with physical interaction fades away.

Cyberterrorism

A cyberterrorist is someone who intimidates or coerces a government or organization to advance his or her political or social objectives by launching computer-based attack against computers, network, and the information stored on them.

Cyberterrorism in general, can be defined as an act of terrorism committed through the use of cyberspace or computer resources. As such, a simple propaganda in the Internet, that there will be bomb attacks during the holidays can be considered cyberterrorism. As well there are also hacking activities directed towards individuals, families, organized by groups within networks, tending to cause fear among people, demonstrate power, collecting information relevant for ruining peoples' lives, robberies, blackmailing etc.

Cyber warfare

The U.S. Department of Defense (DoD) notes that cyberspace has emerged as a national-level concern through several recent events of geo-strategic significance. Among those are included the attack on Estonia's infrastructure in 2007, allegedly by Russian hackers. "In August 2008, Russia again allegedly conducted cyber attacks, this time in a coordinated and synchronized kinetic and non-kinetic campaign against the country of Georgia. Fearing that such attacks may become the norm in future warfare among nation-states, the concept of cyberspace operations impacts and will be adapted by warfighting military commanders in the future.

Lokpal Bill

LOKPAL

The Scandinavian institution of Ombudsman created in Sweden in 1809 is the earliest democratic institution in the world for the redressal of citizens’ grievances. The Ombudsman in India is called as Lokpal / Lokayukta.

LOKPAL

The Administrative Reforms Commission (ARC) of India (1966-1970) recommended the setting up of two special authorities designated as ‘Lokpal’ and ‘lokayukta’ for the redressal of citizens’ grievances. These institutions were to be set up on the pattern of the institution of Ombudsman in Scandinavian countries and the parliamentary commissioner for investigation in New Zealand. The Lokpal would deal with complaints against ministers and secretaries at Central and State levels and the lokayukta (one at the Centre and one in every state) would deal with complaints against other specified higher officials. The ARC kept the judiciary outside the purview of Lokpal and lokayukta as in New Zealand. But, in Sweden the judiciary is within the purview of Ombudsman.

According to the ARC, the Lokpal would be appointed by the president after consultation with the chief justice of India, the Speaker of Lok Sabha and Chairman of the Rajya Sabha. So far, eight official attempts have been made to bring about legislation on this subject.

Salient Features :

The salient features of the 2001 Lokpal Bill are as follows:

1. The bill provides for the establishment of the institution of Lokpal to inquire into allegations of corruption against public functionaries including the prime minister, provided the offence committed is within ten years from the day the complaint is lodged.

2. The Lokpal shall consist of a chairperson who is or has been a chief justice or a judge of the Supreme Court and two members who are or have been the judges of the Supreme Court or the chief justices of the high court.

3. The chairperson and members shall be appointed by the president of India on the recommendation of a committee headed by the vice-president of India and comprising the prime minister, the Lok Sabha Speaker, the home minister, the Leader of the House other than the House in which the prime minister is a member and leaders of the Opposition on both the Lok Sabha and the Rajya Sabha.

4. The bill provides for a fixed tenure of three years for the chairperson and the members.

5. The bill ensures that the Lokpal is able to act independently and discharge its functions without fear or favour. For this, it provides that the chairperson or a member of the Lokpal shall not be removed from office, except by an order made by the president on the grounds of misbehavior or incapacity. He can issue the removal order after an inquiry by a committee consisting of the chief justice of India and two other judges of the Supreme Court (next to the chief justice in seniority).

6. The Lokpal will inquire into complaints alleging that a public functionary has committed an offence punishable under the Prevention of Corruption Act, 1988. The expression ‘ public functionary’ covers all the three categories of union ministers including the prime minister and the Members of Parliament. The constitutional functionaries such as judges of the Supreme Court and the Election Commission have been kept out of the purview of the Lokpal.

7. The allegations against the prime minister related to his functions in the areas of national security and maintenance of public order have been kept out of the purview of the Lokpal.

8. To enable the Lokpal to function effectively and in a quasi-judicial manner, it has been vested with the powers of a civil court in respect of summoning and enforcing the attendance of any person and examining him on oath.

9. The bill provides for an open court or if the Lokpal wishes in-camera proceedings. The proceedings have to be completed within six months, with a provision for extension of six more months.

10.The Lokpal is vested with penal powers to discourage frivolous complaints. For such complaints, the punishment could be an imprisonment from one to three years including a fine upto Rs. 50,000.

___________

THE headlines in the media, the constant talk of how deep corruption has sunk in our body politic and the nefarious role played by ill-gotten contributions to political parties is a spectre, haunting the public all the time. But why is the government still not persuaded to seriously consider enacting an effectively genuine Lokpal legislation to deal with this menace of corruption? If the draft of the Lokpal Bill 2010 is any indication, it would appear that a realisation of grave urgency is still absent in the government. No one is suggesting that an evil like corruption in public life can be eliminated merely by legislation.
Aclean public life, the standards and character of political parties have to be built on grounds of moral conscience and public pressure. Corruption in public life can only be eliminated when, in the words of Mahatma Gandhi, “a small body of determined spirits fired by an unquenchable faith in their mission can alter the course of history”. But we must face the reality. Such spirits are rare to find and we ordinary mortals must make an effort to find some mechanism which may hopefully be able to keep in check the demoralisation and corruption in our public life. One such mechanism, that almost all governments since 1996 have been promising but done nothing about, is the institution of the Lokpal, an independent body to enquire into the lapses and complaints against legislators and MPs, both at the Centre and the states.
The government has at last proposed the Lokpal Bill 2010, but unfortunately it fails even to be a cosmetic exercise to fight corruption. It is shamefully toothless and just meant to give a false reassurance to the people that the government is serious in its fight against corruption. The Lokpal is a threemember body consisting of a chairperson who is or was a former Chief Justice or judge of the Supreme Court and two members who are or have been judges of the Supreme Court or Chief Justices of a high court. But restricting it to judges is too narrow, and outstanding social scientists or academicians should also be eligible, and it should be a five member body. The jurisdiction of the Lokpal under Sec 10 apparently covers the PM, ministers and MPs. But the hypocrisy is exposed when at the same time it nullifies the same by providing that the Lokpal shall not enquire into any allegations of corruption against any member of either House of Parliament unless the recommendation of the Speaker or Chairman of Council of States (as the case may be) is received by it.
Not only that but insultingly, even when the Lokpal finds that any of the charges has been proved, against MPs, all he can do is to send a report of his findings to the Speaker and Chairman of the Council of States, and they alone will determine what action is to be taken. Of course, the presiding officers have to place the report before both the Houses of Parliament. A formal courtesy is to be done by informing the Lokpal as to what action is taken or is proposed to be taken, which may include the rejection of the findings of the Lokpal. This reduces the authority of the Lokpal to lower than that of a magistrate whose order the highest in the land, including the President, has to comply with.
The sheer effrontery of the law ministry in proposing such an insulting provision is a direct negation of the institution of Lokpal. What should have been done was to provide that the establishment of guilt by the Lokpal would be treated, in the same manner as Sec 8 of the Representation of the Peoples Act, 1951, as a disqualification from contesting elections for a period of six years. Further, the Lokpal should have been authorised to impose a penalty for the recovery of any amount found to have been lost by the action of legislators or ministers. The Lokpal, under Sec 11, is also forbidden to enquire into any memo of a complaint if it is made after five years from the date when the offence is alleged to have been committed.
Has the government realised the absurdity of providing a limitation period in such complaints, which, if they were to be tried under the Prevention of Corruption Act, would have no limitation bar, because there is no limitation for initiating proceedings under criminal law where the punishment provided is more than three years? Also has the UPA government considered that if a fiveyear period were to be provided, by the same logic would they not be barred from holding an enquiry into the 2G scam of 2001-02 during the BJP government (which by all standards should be held along with the enquiry into the 2G scam against Raja)? No judge with even a modicum of self-respect will accept such a demeaning, low grade rate post — the inevitable result would be that the Lokpal Bill will collapse –— an event that legislators have always desired. So it is goodbye to cleaning the political dirt, notwithstanding the high sounding calls by all the governments. Regrettably, cynics may be right when they say ‘who cares’ if, in the process, some dedicated Gandhians fighting for integrity in public life fast unto death against this unforgivable lapse by the government.

Africa: new nations

If south Sudan, why not south Nigeria, or north Ivory Coast, or multiple Congos? The Sudanese vote on Sunday to decide on independence for its southern regions has implications for all of Africa, signalling that the borders drawn by colonial cartographers are no longer sacrosanct. Some fear it may spur the balkanisation of the continent.

“The referendum in Sudan could have a domino effect,” said Shehu Sani, president of the Civil Rights Congress in Nigeria. “It is likely to be infectious to other parts of Africa in the sense that most countries ... are divided along the lines of Christians and Muslims.” The continent's arbitrary borders — blind to ethnic, cultural and political faultlines — were drawn up by Britain and other European powers at the Berlin conference of 1884-85. When the colonies gained independence 50 years ago, the Organisation of African Unity (now the African Union) declared the borders immutable — because the alternative would look like a smashed window pane of thousands of warring states.

Eritrea broke away from Ethiopia in 1993 after nearly 30 years of war, but it had already been a separate entity in colonial times. So the sundering of Sudan, Africa's biggest country, would represent an unprecedented challenge to the historical status quo.

It is being watched closely in Nigeria, Africa's most populous country, which has its own, sometimes violent schism between a predominantly Muslim north and largely Christian, oil-rich south. “What's happening in Sudan is raising a lot of fears, particularly in Nigeria, which is a colonial creation,” said Mr. Sani. “It was thought the defeat of the Biafra [a secession attempt in 1967 that led to civil war] had made division impossible, but Sudan is rekindling the thought.” In recent weeks, the political crisis in Ivory Coast, where President Laurent Gbagbo is resisting calls to step down, has provoked fears of renewed civil war, broadly characterised as between northern Muslims and southern Christians. Permanent separation could seem a tempting long-term solution.

Ethnic groups

But divisions in Ivory Coast are more complex than religion alone. The same is true in Sudan and Nigeria, which has more than 250 ethnic groups. Tribalism, tradition, culture and language, inequality, political marginalisation, access to resources, rural/urban rifts and the imprint of colonialism can all be manipulated by leaders to inflame tensions.

If, as expected, south Sudan votes for independence, there are likely to be at least a few corners of Africa taking heed. Somaliland is seeking international recognition of its breakaway from Somalia, rebels in the Cabinda enclave demand separation from Angola, and Morocco has resisted proposals for a referendum on the independence of Western Sahara.

Questioning the old certainties is healthy, according to Greg Mills, head of the Brenthurst Foundation think-tank and author of Why Africa is Poor. “The fixing of borders and the absence of debate about them has protected misrule,” he said. “Sudan points the way forward for some countries, but not all.” Fred Swaniker, founder of the African Leadership Academy, said: “I don't see the Sudan vote as a Pandora's box. While the original African borders were not necessarily drawn in a logical way, I think after 50 years most countries have accepted them and are living together.”

Tejas

TEJAS

The HAL Tejas is a 4th generation lightweight multirole jet fighter being developed by India. It is a tailless, compound delta wing design powered by a single engine. Originally known as the Light Combat Aircraft (LCA)—a designation which continues in popular usage—the aircraft was officially named "Tejas" by then Prime Minister Atal Bihari Vajpayee.

The LCA programme was launched in 1983 for two primary purposes. The principal and most obvious goal was the development of a replacement aircraft for India's ageing MiG-21 fighters. The MiG-21 has been the mainstay of the Indian Air Force since the 1970s. The "Long Term Re-Equipment Plan 1981" noted that the MiG-21s would be approaching the end of their service lives by the mid-1990s, and that by 1995 the IAF would lack 40% of the aircraft needed to fill its projected force structure requirements.

The LCA programme's other main objective was to serve as the vehicle for an across-the-board advancement of India's domestic aerospace industry. The value of the aerospace "self-reliance" initiative is not simply the production of an aircraft, but also the building of a local industry capable of creating state-of-the-art products with commercial spin-offs for a global market. The LCA program was intended in part to further expand and advance India's indigenous aerospace capabilities.

To better accomplish these goals, the government chose to take a different management approach, and in 1984 established the Aeronautical Development Agency (ADA) to manage the LCA programme.

APPOINTMENT OF A MINISTER

APPOINTMENT OF A MINISTER

Usually, the members of the state legislature, either the legislative assembly or the legislative council, are appointed as ministers. A person who is not a member of either House of the state legislature can also be appointed as a minister. But, within six months, he must become a member (either by election or by nomination) of either House of the state legislature, otherwise he ceases to be a minister.

Article 164. Other provisions as to Ministers -

(1) The chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor: Provided that in the State of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work

(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State

(3) Before a Minister enters upon his office, the Governor shall administer so him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule

(4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister

(5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.

The corresponding provision for the Union is contained in Article 75(5).

IMPORTANT CASES:

In Har Sharan Verma v. Tribhuvan Narain Singh, the appellant challenged the appointment of the respondent, who was appointed as Chief Minister of U.P. on 18-10-1970 and who was not a Member of the legislature at the time of his appointment. The High Court dismissed the writ of quo warranto filed under Article 226 but granted the certificate under Article 132 of the Constitution. A five-Judge Constitution Bench of the Supreme Court interpreted Article 164(4) for the first time. It was contended on behalf of the appellant that Article 164(4) applied only to a person who was already a Minister but for some reason or the other ceases to be a Minister. Such person can continue for 6 months but there cannot be an initial appointment of a non-Member of the legislature of a State as Minister. This contention was negatived by the Constitution Bench. Chief Justice Sikri speaking for a unanimous Constitution Bench, observed as follows:

"It seems to us that Article 164(4) must be interpreted in the context of Articles 163 and 164 of the Constitution. Article 163(1) provides that 'there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except insofar as he is by or under this Constitution required to exercise his functions or any of them in his discretion'. Under Article 164(1), the Chief Minister has to be appointed by the Governor and other Ministers have to be appointed by him on the advice of the Chief Minister. They all hold office during the pleasure of the Governor. Clause (1) does not provide any qualification for the person to be selected by the Governor as the Chief Minister or Minister, but clause (2) makes it essential that the Council of Ministers shall be collectively responsible to the Legislative Assembly of the State. This is the only condition that the Constitution prescribes in this behalf."

In S.P. Anand v. H.D. Deve Gowda the appointment of Deve Gowda as Prime Minister was challenged on the ground that he was not a Member of Parliament at the time of his appointment. Following the earlier cases, the Supreme Court rejected the challenge and held that a person who is not a Member of either House of Parliament or of either House of State Legislature, can be appointed as a Minister in the Central Cabinet (which would include the Prime Minister) or a Minister in the State Cabinet (which would include a Chief Minister), as the case may be.

Duration for which a non-member may continue as Minister : In S.R. Chaudhuri v. State of Punjab the question that was raised was whether a non-Member of a legislature, who fails to get elected during the period of 6 consecutive months, after he is appointed as a Minister be reappointed as a Minister without being elected to the legislature. The Supreme Court held that the privilege to continue as a Minister for 6 months without being an elected Member is only a one-time slot for the individual concerned during the term of the Legislative Assembly concerned.