- April 23, 2018
- Posted by: Vinoba
- Category: All Posts, April 2018
- Process to impeach the Chief Justice of India
Source: The Hindu
- The Congress and six other opposition parties have moved a notice for the impeachment of Chief Justice of India (CJI) Dipak Misra, accusing him of “misbehaviour” and “misusing” authority. So far, no Chief Justice has ever been impeached in India.
Procedure for removal of CJI:
- Article 124(4) of the Constitution lays down the procedure for removal of a judge of the Supreme Court, including the CJI, who can be impeached on grounds of “misbehaviour or incapacity”.
- Step 1: A removal motion signed by 100 members of Lok Sabha or 50 members of Rajya Sabha has to be submitted to the Speaker of the Lower House or Chairperson (ie Vice President) of the Upper House. This can be in either of the Houses of Parliament.
- Step 2: The Speaker/Chairperson can either accept or reject the motion.
- Step 3: If the motion is admitted, then the Speaker/ Chairperson forms a three-member committee comprising a senior judge of the Supreme Court, a judge of a high court and a distinguished jurist to investigate the charges leveled against the CJI.
- Step 4: If the committee supports the motion, it can be taken up for discussion. It must be passed by a special two-third majority of MPs in both the Lok Sabha and Rajya Sabha.
- Step 5: After it is passed in both Houses, it is presented to the President, who can pass a Presidential Order for removal of the CJI.
Can CJI continue to work during this period?
- Both 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
- Cabinet to discuss death penalty for rape of minors
Source: The Hindu
The Union Cabinet is planning on bringing an Ordinance to award death penalty to those convicted of sexually assaulting a child.
- The criminal law amendment ordinance seeks to amend the Indian Penal Code (IPC), the Evidence Act, the Code of Criminal Procedure (CrPC) and the Protection of Children from Sexual Offences (POCSO) Act to introduce a new provision to sentence convicts of such crimes punishment of death.
- Law Ministry has approved a proposal received from the Ministry of Women and Child Development (MoWCD) to amend the Protection of Children from Sexual Offences (POCSO) Act, 2012, and a final decision on whether to bring it in the form of an Ordinance will be taken by the cabinet.
Why this may not be a good idea?
- Tracking down sexual crimes has proved difficult because — as pointed out by National Crime Records Bureau reports since 2014 — in over 90% of such crimes, the perpetrators are known to the victim. A report of the Parliamentary Standing Committee on Home Affairs noted that, “child sexual abuse and related crimes remain overwhelmingly under-reported due to the associated stigma and propensity of parents/guardians to not involve the police in these matters”. A study by the National Law School of India University (NLSUI) also reported that in 67% of child rape cases, the survivors gave up on the trial or changed their statement. Therefore, introducing the death penalty in the POCSO Act will aggravate this problem.
Is death penalty the only solution?
- The demand for death penalty for sexual crimes stems primarily from a society’s desire for revenge, not redress. A growing body of literature now emphasises that the death penalty is not a deterrent against any kind of crime — better policing, social welfare and effective implementation of the due processes are. Also, separate courtrooms exclusively for child abuse cases should be established.
- Rajasthan and Madhya Pradesh have passed a Bill providing for death penalty to those convicted of raping girls of 12 years and below.
- e-Vidhan project
The central government has launched Central Project Monitoring Unit for e-Vidhan project at Parliament House Annexe.
- e-Vidhan is a mission mode project to digitize and make the functioning of State Legislatures in India paperless.
- It is a part of the broader Digital India Programme of the Government and is likely to contribute to the cleanliness & environment by reducing the use of papers to a great extent.
- The Ministry of Parliamentary Affairs is the Nodal Ministry for the project.
- In 2014, Himachal Pradesh became the first state in the country to implement e-Vidhan as a pilot project
- Shanghai Cooperation Organisation (SCO)
Source: The indu
India is all set to take part in Shanghai Cooperation Organisation (SCO) summit, which has been scheduled for April 24. These are the first SCO meetings after India and Pakistan were admitted into the eight-member group.
- The Shanghai Cooperation Organisation, also known as the Shanghai Pact, is a Eurasian political, economic, and military organisation which was founded in 2001 in Shanghai by the leaders of China, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Uzbekistan. Apart from Uzbekistan, the other five countries have been a part of the Shanghai 5 since 1996. The cooperation was renamed to Shanghai Cooperation Organisation after Uzbekistan joined the organisation in 2001.
- New members: India and Pakistan joined SCO as full members in June 2017 in Astana, Kazakhstan.
- The SCO counts four observer states, namely the Islamic Republic of Afghanistan, the Republic of Belarus, the Islamic Republic of Iran and the Republic of Mongolia.
- The SCO’s main goals are: strengthening mutual trust and neighbourliness among the member states; promoting their effective cooperation in politics, trade, the economy, research, technology and culture, as well as in education, energy, transport, tourism, environmental protection, and other areas; making joint efforts to maintain and ensure peace, security and stability in the region; and moving towards the establishment of a democratic, fair and rational new international political and economic order
- Mutual Agreement Procedure (MAP)
Source: The Hindu
Finland-headquartered Nokia has invoked the mutual agreement procedure (MAP) under the India-Finland Double Taxation Avoidance Agreement, to resolve the Rs 2,000-crore tax dispute with the Indian tax department.
- Now, the competent authorities of the two countries — India and Finland — will sit at the negotiating table and decide how the dispute should be resolved.
What’s the issue?
- Indian income tax department had slapped a Rs 2,000-crore tax demand on Nokia India over alleged default on tax deduction at source (TDS) on software-related payments made to Nokia Finland for six years. The IT department had concluded that payments made by Nokia India to Nokia Finland for software downloads — which got embedded in the Nokia handsets manufactured in India — were taxable in India as royalty
- MAP is an alternative available to taxpayers to resolve disputes giving rise to double taxation, whether juridical or economic in nature. An agreement for avoidance of double taxation between countries would give authorisation for assistance of Competent Authorities (CAs) in the respective jurisdiction under MAP.
- The main benefit of pursuing MAP is the elimination of double taxation (either juridical or economic). The MAP resolution, once accepted, eliminates protracted litigation.