Aadhaar and Other Laws (Amendment) Ordinance promulgated The Aadhaar and Other Laws (Amendment) Ordinance, 2019 was promulgated.[2] It amends the Aadhaar Act, 2016, the Indian Telegraph Act, 1885, and the Prevention of Money Laundering Act, 2002. The Aadhaar Act provides targeted delivery of subsidies and benefits to individuals residing in India by assigning them unique identity numbers, called Aadhaar numbers. In September 2018, the Supreme Court struck down certain provisions of the Aadhaar Act, including those in relation to mandatory linking of Aadhaar with bank accounts and mobile phones. Previously, a similar Bill was passed by Lok Sabha on January 4, 2019.[3] Key features of the Ordinance include:
Offline verification: Under the Aadhaar Act, an individual’s identity may be verified by Aadhaar ‘authentication’. Authentication involves submitting the Aadhaar number, and their biometric or demographic information. The Ordinance additionally allows ‘offline verification’ of an individual’s identity, without authentication, through modes specified by the Unique Identification Authority of India by regulations.
Voluntary use: The Act provides for the use of Aadhaar number as proof of identity of a person, subject to authentication. The Ordinance replaces this provision to state that an individual may voluntarily use his Aadhaar number to establish his identity, by authentication or offline verification. Such use of Aadhaar must be permitted by an Act of Parliament. Further, mandatory use of Aadhaar for authentication requires an Act of Parliament. The Ordinance allows banks and telecom companies to verify the identity of their clients by: (i) authentication or offline verification of Aadhaar, (ii) passport, or (iii) any other documents notified by the central government.
The client has the choice to use any of these modes to verify his identity and no person shall be denied any service for not having an Aadhaar number. Disclosure of information in certain cases: Under the Act, information on Aadhaar may be disclosed on the order of a District Court (or above) or when made in the interest of national security, by a designated officer of the rank of Joint Secretary (or above). The Ordinance amends this to allow such disclosure only on orders of High Courts (or above), and Secretary to GOI, respectively.
Aadhaar number of Children: The Ordinance specifies that at the time of enrolling a child to obtain an Aadhaar number, the enrolling agency shall seek the consent of his parent or guardian. Further, it specifies that after attaining eighteen years of age, the child may opt out of Aadhaar.
The New Delhi International Arbitration Centre Ordinance, 2019 was promulgated.[4] It seeks to establish an autonomous and independent institution for better management of arbitration in India. Previously, a similar Bill was passed by Lok Sabha on January 4, 2019.[5] Key features of the Ordinance include:
New Delhi International Arbitration Centre (NDIAC): The Ordinance provide for the setting up of the NDIAC to conduct arbitration, mediation, and conciliation proceedings. It declares the NDIAC as an institution of national importance.
International Centre for Alternative Dispute Resolution (ICADR):The ICADR is a registered society to promote the resolution of disputes through alternative dispute resolution methods (such as arbitration and mediation). The Ordinance seeks to transfer the existing ICADR to the central government. Upon notification by the central government, all the rights, title, and interest in the ICADR will be transferred to the NDIAC.
Composition: The NDIAC will consist of seven members including: (i) a Chairperson who has been a Judge of the Supreme Court or a High Court, or an eminent person with special knowledge and experience in the conduct or administration of arbitration, (ii) two eminent persons with knowledge and experience in institutional arbitration, (iii) three ex-officio members, including a nominee from the Ministry of Finance and a Chief Executive Officer, and (iv) a representative from a recognised body of commerce and industry, appointed as a part-time member, on a rotational basis.
Objectives and functions of the NDIAC: The key objectives of the NDIAC include (i) promoting research in alternative dispute resolution matters, (ii) providing facilities and administrative assistance for conducting arbitration, mediation and conciliation proceedings, and (iii) maintaining a panel of accredited arbitrators, mediators and conciliators.
Key functions of the NDIAC include: (i) facilitating conduct of arbitration and conciliation in a timely and cost-effective manner, and (ii) promoting studies in the field of alternative dispute resolution. Institutional support: The Ordinance specifies that the NDIAC will establish a Chamber of Arbitration which will maintain a permanent panel of arbitrators.
The Union Cabinet approved the promulgation of the Daman and Diu Civil Courts (Amendment) Regulation, 2019, and the Dadra and Nagar Haveli (Civil Courts and Miscellaneous Provisions) Amendment Regulation, 2019.[6] The amendments include an increase in the pecuniary jurisdiction of civil courts in the two Union Territories. Details of these amendments are not available in the public domain.
Ordinance to provide for reservation of teaching posts in central educational institutions promulgated The Central Educational Institutions (Reservation in Teachers’ Cadre) Ordinance, 2019 was promulgated.[7] The Ordinance provides for reservation of teaching positions in central educational institutions for persons belonging to the Scheduled Castes, Scheduled Tribes, and the socially and educationally backward classes.
Reservation of posts: The Ordinance provides for reservation of posts in direct recruitment of teachers (out of the sanctioned strength) in central educational institutions. For the purpose of such reservation, a central educational institution will be regarded as one unit. Previously, each department within a central educational institution was regarded as a unit.
Coverage and exceptions: The Ordinance will apply to ‘central educational institutions’ which include universities set up by Acts of Parliament, institutions deemed to be a university, institutions of national importance, and institutions receiving aid from the central government.
However, it excludes certain institutions of excellence, research institutions, and institutions of national and strategic importance which have been specified in the Schedule to the Ordinance. It also excludes minority education institutions.
The Homoeopathy Central Council (Amendment) Ordinance promulgated The Homoeopathy Central Council (Amendment) Ordinance, 2019 was promulgated.[8] It amends the Homoeopathy Central Council Act, 1973 which sets up the Central Council of Homoeopathy. The Central Council regulates homoeopathic education and practice.
The 1973 Act was amended in 2018 to provide for the supersession of the Central Council. The Central Council was required to be reconstituted within one year from the date of its supersession. In the interim period, the central government constituted a Board of Governors, to exercise the powers of the Central Council. The Ordinance amends the Act to increase the time period for supersession of the Central Council from one year to two years.
The Cabinet Committee on Economic Affairs approved the continuation of the National AIDS Control Programme-IV (NACP IV) for a period of three years from April 2017 to March 2020.[9] An outlay of Rs 6,435 crore has been approved for the same.
The main objectives of NACP IV are to: (i) reduce new infections by 50% (baseline of 2007), and (ii) provide comprehensive care and support to all persons living with HIV/AIDS and treatment services for all those who require it.
The Special Economic Zones (Amendment) Ordinance promulgated The Special Economic Zones (Amendment) Ordinance, 2019 was promulgated.[10] It amends the Special Economic Zones Act, 2005 which provides for the establishment, development and management of Special Economic Zones for the promotion of exports.
Under the Act, the definition of a person includes an individual, a Hindu undivided family, a company, a co-operative society, a firm, or an association of persons. The Ordinance adds two more categories to this definition by including a trust, or any other entity which may be notified by the central government.
Ministry releases National Policy on Software Products 2019 The Ministry of Electronics and Information Technology (MeitY) released the National Policy on Software Products 2019.[11] The Union Cabinet had earlier approved the policy.[12] The policy aims to develop India as a global software product hub. Key features of the approved policy include:
Objectives: Key objectives of the policy include: (i) creating a sustainable Indian software product industry leading to a ten-fold increase in the share of global software product market by 2025, (ii) nurturing 10,000 technology startups in software product industry, (iii) creating a talent pool for software product industry through up-skilling ten lakh IT professionals and motivating one lakh students, and (iv) developing 20 software product development clusters.
Promoting industry: The policy seeks to promote the software products industry by: (i) creating an Indian software product registry, (ii) facilitating participation of software companies in the capital market, and (iii) establishing a single window platform for fast-tracking legal issues regarding software product enterprises.
Promoting entrepreneurship: A programme of incubation will be initiated to nurture at least 10,000 startups, of which 1,000 will be targeted in Tier-II and Tier-III towns and cities. Further, a Software Product Development Fund (SPDF), with a corpus of Rs 1,000 crore, will be created. This fund will fill the gap between capital requirements of software product enterprises and funding available from institutional lenders such as banks.
Skilling: The policy noted that a FutureSkills programme has been initiated for up-skilling of 3 million IT professionals in emerging technologies. It stated that special emphasis on modules related to software products will be added to the programme. Further, a National Talent Accelerator programme will be initiated to target one lakh school and college students for software product development.
Implementation mechanism: A National Software Product Mission will be created under the MeitY. The objectives of the Mission will include: (i) designing appropriate strategies for development of software product industry, (ii) monitoring initiatives under the policy with the aim of creating 3.5 million employment opportunities, and (iii) facilitating government agencies and other bodies in promotion of software products.
Concerns: A person was considered innocent unless proven guilty by a court of law. If a person was falsely accused, his reputation would be lost forever and exposed to public ridicule for no fault of his. This would be a violation of the fundamental right to life enshrined under Article 21 of the Constitution. It does not only destroy an individual’s life but also creates a social stigma for the family members too.
Disclosure of his identity, especially during trial, would lead to media trial. Besides, considering the wide reach of social media, the person’s name and even that of his family, which might include minors, would be exposed on the Internet. This would be a violation of their fundamental right to privacy.
Increased vulnerability: In present times, where people are in a virtual world, the reputation and integrity of a person is always an easy target to destroy. It would be tragic that the person, even after being found innocent, would continue to be known as a suspected sex offender on social media because once his identity entered the public domain it would become searchable and permanent. The previous identification as a suspect will endure in the public sphere.
Need of the hour: some preventive measures must be taken so as to avoid and to deal with such situations in the interest of justice. Amend Section 228-A of the Indian penal Code that provides punishment for disclosing the identity of the victims but does not provide any safeguard for protection of the identity and integrity of the accused in case of false accusation.
Court should frame the guidelines like it had earlier framed in Vishaka & Ors. v. State of Rajasthan to protect the integrity of victim and to safeguard the victim from facing the social stigma.
Conclusion: Supreme Court had on many occasions reinforced that the “right to reputation” is an integral part of Articles 21 and 19(2) of the Constitution of India. Therefore, some preventive measures must be taken to avoid and deal with such situations in the interest of justice.
Few incidents: S.Nambi Narayanan (who is an Indian scientist and aerospace engineer and also awarded India’s third highest civilian award the Padma Bhushan) was falsely charged with espionage and was later on cleared of all charges and had to put up a long fight to save his reputation. However, no amount of compensation could restore what he had lost in the process.
Details of the issue? Citing “sovereignty” concerns, India, for the second time, has not officially participated in the BRF, as CPEC—a flagship of the BRI—passes through Pakistan occupied Kashmir (PoK).
In an annex tagged with the Joint Communiqué of the Leaders’ Roundtable of the BRF, which concluded in Beijing recently, the Chinese foreign ministry website has not listed the BCIM as a project covered by the BRI—the giant connectivity initiative speared by China to revive the ancient Silk Road across Eurasia and Africa.
Instead, South Asia is covered by three major undertakings—the China-Myanmar Economic Corridor (CMEC), the Nepal-China Trans-Himalayan Multi-dimensional Connectivity Network, including Nepal-China cross-border railway, as well as the China Pakistan Economic Corridor (CPEC).
About BCIM Economic Corridor: The BCIM economic corridor aims to connect Kolkata with Kunming, capital of the Yunnan province. It envisages formation of a thriving economic belt, focusing on cross-border transport, energy and telecommunication networks.
Starting from Kunming, the route passes through nodal points, such as Spread: Mandalay and Lashio in Myanmar. It heads towards Kolkata after passing through Manipur and Silchar, before crossing Bangladesh via Sylhet and Dhaka, with branches extending to the ports of Cox Bazar and Chittagong.
Importance of BCIM: India will benefit in terms of the development of the Kolkata port and the opening up of the economic potential of the northeast states. BCIM offers India an opportunity to create its own win-win relationship with China. India’s gain from the BCIM includes the ability to connect to the One Belt, One Road project thus opening up markets to the east. It can also use the economic corridor for negotiating downstream industries to be located within India.
With natural gas reserves of about 200 trillion cubic feet, the largest in the Asia-Pacific, Bangladesh could become one of the major energy exporting countries. Tourism too will get a boost. BCIM can not only be a game-changer for this region in Asia, but is also pivotal for India’s ‘Act East’ Policy.
Economic Benefits include access to several booming markets in Southeast Asia, improvement of transport infrastructure and setting up of industrial zones. The regional connectivity would facilitate cross-border movement of people and goods, reduce overland trade bottlenecks, ensure access and increase volume of trade. Substantially reduce transaction costs, enhance trade and investment and poverty alleviation in the region.
Concerns: Indian critics of BCIM state that China cannot be trusted, and cite the divergent positions of the two countries on Arunachal Pradesh and PoK. Security is a very important aspect of BCIM that ethnic insurgencies, terrorism, drug trafficking and the accompanying spread of HIV infections, smuggling, as well as cross-border human trafficking, threatened to derail the project.
Need of hour: The immediate priority for India is to build and upgrade infrastructure, including roads, railway network, waterways and air connectivity within north-eastern states. Work on the India-Myanmar-Thailand Trilateral Highway joining India’s Northeast with Thailand and other ASEAN members through Myanmar needs to be expedited. This network will provide connectivity between the isolated Northeast and the expanding economies of South East Asia.
Similarly, the Kaladan Multimodal Transit Transport Project will help connect the Northeast with Myanmar as well as with West Bengal. Bangladesh, Bhutan, India, Nepal (BBIN) needs to be accorded the highest priority as it has great potential to deliver rich dividends quickly. Emphasis on the implementation of Act East Policy.
Way ahead: In BCIM, a step-by-step approach is desirable in the form of people-centric projects in education, healthcare, skill development, tourism and cottage industries should be undertaken. Local talent, material and products should be utilised in this endeavour. China and India need to work together to bring about a fundamental change in their bilateral relations.
Key facts: According to the latest data, the total balance in these basic bank accounts stood at ₹99,752 crore with 35.50 crore beneficiaries. Public sector banks have the lion’s share in total balance at ₹79,177 crore, followed by regional rural banks and private sector banks maintaining ₹17,648 crore and ₹2,926 crore, respectively.
The scheme focusses on rural areas with primacy given to women. Of the 35.50-crore account holders, those from rural and semi-urban regions were 21 crore. Female beneficiaries were 18.88 crore. Total balance under the scheme, launched on August 15, 2014, grew faster in the last there years, which was boosted by demonetisation in November 2016. It gathered momentum last year and gained rapid pace in the last six months, leading to scepticism on the possible link between elections and spurt in balances.
The average balance in PMJDY accounts has also been going up. About PMJDY: The primary aim of this scheme is to provide poor people access to bank accounts. The scheme covers both urban and rural areas of India. All bank accounts will be linked to a debit card which would be issued under the Ru-Pay scheme. Rupay is India’s own unique domestic card network owned by National Payments Corporation of India and has been created as an alternative to Visa and Mastercard.
Under the first phase of this scheme, every individual who opens a bank account becomes eligible to receive an accident insurance cover of up-to Rs 1 Lakh for his entire family. Life Insurance coverageis also available under PMJDY. Only one person in the family will be covered and in case of the person having multiple cards/accounts, the benefit will be allowed only under one card e. one person per family will get a single cover of Rs 30,000.
The scheme also provides incentives to business and banking correspondentswho serve as link for the last mile between savings account holders and the bank by fixing a minimum monthly remuneration of Rs 5000.
Theme: “Media Solutions for Sustainable Future: Saving Lives, Building Resilient Communities”.
About Asia-Pacific Broadcasting Union (ABU): It is a non-profit, non-governmental, non- political, professional association of broadcasting organisations, which assist development of broadcasting in region.
It was established in 1964, and has Secretariat in Kuala Lumpur, Malaysia. With over 272 member in 76 countries on four continents, ABU is biggest broadcasting union in the world. ABU is also member of the World Broadcasters’ Union.
The report reviews the major food policy issues, developments, and decisions of 2018, and considers challenges and opportunities for 2019. This year’s Report highlights the urgency of rural revitalization to address a growing crisis in rural areas.
Key observations: Rural population account for 45.3% of the world’s total population and at least 70% of the world’s population remains extremely poor. The rural population suffers from rapid population growth rates, inadequate job and enterprise creation, poor infrastructure, scarce financial services. They also bear the brunt of climate change impacts.
Nearly 50% of rural youth all over the world do not have any formal job they are either unemployed or under-employed. The world is not yet on track to achieve the Sustainable Development Goals (SDGs) by 2030. Poverty and malnutrition rates are falling in many places, but not fast enough. An estimated three quarters of the world’s poor live in rural areas, and most are among the 2.5 billion people who work in small-scale agriculture in developing countries.
Almost one billion people, most living in rural areas of Africa and South Asia, still lack access to electricity. South Asia remained the fastest growing region in the world in 2018, as economic growth continued to strengthen. However, growth rates varied greatly across the region. Rice and wheat are the region’s major staple crops, accounting for about two-thirds of total dietary energy. But food consumption patterns have changed in the region over the past few decades.
Need of the hour: Rural revitalization is important to end hunger and malnutrition. The Changing consumption patterns driven largely by urbanization, demographic transitions, increasing income, and growing integration of food supply chains and food systems in India offer new opportunities for entrepreneurship and employment in rural areas.
Energy is crucial to achieving the Sustainable Development Goals and ensuring durable rural growth and development.
Way ahead: Policies, institutions, and investments that take advantage of new opportunities and technologies, increase access to basic services, create more and better rural jobs, foster gender equality, and restore the environment can make rural areas vibrant and healthy places to live and work. Implementing a “decent employment agenda” will require improving rural livelihoods.
Why in News? Cyclone Fani is likely to turn into a ‘severe cyclonic storm’. It was formed at low pressure region in south east of Sumatra (Indonesian island), which further intensified into a depression.
Classification of Tropical Cyclones: The criteria followed by Meteorological Department of India (IMD) to classify the low pressure systems in the Bay of Bengal and in the Arabian Sea as adopted by World Meteorological Organisation (WMO) are as under:
Type of Disturbances Associated Wind Speed in the Circulation Low pressure Area Less than17 knots (upto 31 kmph) Depression 17 to 27 knots (31 to 49 kmph) Deep Depression 28 to 33 knots (50 to 61 kmph) Cyclonic Storm 34 to 47 knots (62 to 88 kmph) Severe Cyclonic Storm 48 to 63 knots (89 to 118 kmph) Very Severe Cyclonic Storm 64 to 119 knots (119 to 221 kmph) Super Cyclonic Storm 119 knots and above (221 kmph and above)
Terminology: Cyclones are given many names in different regions of the world – They are known as typhoons in the China Sea and Pacific Ocean; hurricanes in the West Indian islands in the Caribbean Sea and Atlantic Ocean; tornados in the Guinea lands of West Africa and southern USA.; willy-willies in north-western Australia and tropical cyclones in the Indian Ocean.
What are Mango showers? Mango showers is a colloquial term to describe the occurrence of pre-monsoon rainfall. They are notable across much of South and Southeast Asia, including India, and Cambodia. These rains normally occur from March to April, although their arrival is often difficult to predict. Their intensity can range from light showers to heavy and persistent thunderstorms.
In India, the mango showers occurs as the result of thunderstorm development over the Bay of Bengal. They are also known as ‘Kaal Baishali’ in Bengal, as Bordoisila in Assam and as Cherry Blossom shower or Coffee Shower in Kerala. Benefits: Towards the close of the summer season, pre-monsoon showers are common, especially in Kerala, Karnataka and parts of Tamil Nadu in India. They help in the early ripening of mangoes, hence the name.
Context: The allegations made by a former Supreme Court employee against the Chief Justice of India have brought the focus on the mechanism that exists to examine charges of misconduct against members of the higher judiciary.
How are allegations of misconduct against judges of High Courts and the Supreme Court dealt with? Allegations of misconduct against serving judges of the superior judiciary, that is, the various high courts and the Supreme Court, are dealt with through an ‘in-house procedure’.
Most complaints may pertain to judicial conduct, and may be at the behest of parties aggrieved by the outcome of their cases. However, some may concern the personal conduct of judges. Two purposes are served by the adoption of an internal procedure to deal with such complaints:
when the allegations are examined by the judge’s peers, outside agencies are kept out, and the independence of the judiciary is maintained. awareness about the existence of a mechanism to examine such complaints will preserve the faith of the people in the impartiality and independence of the judicial process.
The in-house procedure envisages that false and frivolous allegations can be rejected at an early stage and only those that are not baseless, and may require a deeper probe, are taken up for inquiry.
When was the in-house procedure adopted? A five-judge committee was formed to devise the procedure. The report of the committee was adopted by a resolution of the Full Court on December 15, 1999. This procedure has been adhered to since then. However, the in-house procedure was not in the public domain for many years. In 2014, a Supreme Court Bench directed the court’s registry to make the in-house procedure public for the sake of transparency.
How does the in-house procedure work? What are the various steps? When a complaint is received against a High Court judge, the Chief Justice concerned has to examine it. If it is frivolous or concerns a judicial matter, she may just file the complaint and inform the Chief Justice of India.
If she considers it serious, she should get a response from the judge concerned. If she is satisfied with the response and feels no further action is required, she may close the matter and keep the CJI informed. However, if the CJI feels a deeper probe is needed, she should send the complaint as well as the judge’s response to the CJI, with her own comments, for further action.
The procedure is the same if the CJI receives the complaint directly. The comments of the high court Chief Justice, the judge concerned and the complaint would be considered by the CJI. If a deeper probe is required, a three-member committee, comprising two Chief Justices from other High Courts and one High Court judge, has to be formed. The committee will hold a fact-finding inquiry at which the judge concerned would be entitled to appear. It is not a formal judicial proceeding and does not involve lawyers or examination or cross-examination of witnesses.
If the charge is against a high court Chief Justice, the same procedure of getting the person’s response is followed by the CJI. If a deeper probe is deemed necessary, a three-member committee comprising a Supreme Court judge and two Chief Justices of other High Courts will be formed. If the charge is against a Supreme Court judge, the committee would comprise three Supreme Court judges. There is no separate provision in the in-house procedure to deal with complaints against the CJI.
What are the possible outcomes from the inquiry committee? If it finds that there is substance in the allegations, the committee can either hold that the misconduct is serious enough to warrant removal from office, or that it is not so serious as to warrant removal. In the former case, it will call for initiation of proceedings to remove the judge. The judge concerned would be advised to resign or take voluntary retirement. If the judge is unwilling to quit, the Chief Justice of the High Court concerned would be advised to withdraw judicial work from him, and the President of India and the Prime Minister would be informed of the situation.
Such an action may clear the way for Parliament to begin the political process for impeachment. In case, the committee finds substance in the allegation, but it is not grave enough to warrant removal from office, the judge concerned would be advised accordingly, and the committee’s report will be placed on record.