Parliament Watch

Analysis

An outgoing government has no mandate to budget for the whole year

An outgoing government’s mandate expires on the day when the House of the People completes five years from the first day of its first sitting. Article 83 makes it clear that the expiration of the five-year period will operate as a dissolution of the House. Once the House is dissolved, there shall be no responsible government in office. Therefore such a government cannot present the estimate of receipts and expenditure for ‘that year’.

February 25,2019

Parliament Watch

373 elephants died unnaturally in last three years

A total of 373 elephants died unnaturally in last three years all over India. Of them, 62 died due to train accidents, 226 died due to electrocution, 59 died due to poaching and 26 died due to poisoning, informs MoS (Environment) in Lok Sabha.

February 8,2019

Parliament Watch

250 cases of killings in alleged fake encounters registered from 2014 to January 20, 2019

MoS (Home) informed Rajya Sabha that a total of 250 cases of killings in alleged fake encounters have been registered from 2014 upto January 20, 2019. In this category, Andhra Pradesh has maximum number of 58 cases followed by Uttar Pradesh and Odisha with 43 and 28 cases respectively in which complaints of alleged fake encounters have been received.

February 7,2019

Parliament Watch

Assam: In last 3 years, 8,992 persons referred to Foreigners Tribunals

As per information made available by the Government of Assam, a total of 2764, 4223 and 2005 persons in the year 2016, 2017 and 2018 respectively have been referred to the Foreigners Tribunals (FTs) during last three years. MoS in his reply added that those persons were referred to the Foreigners Tribunals to ascertain whether they are Indians or Foreigners in terms of the provisions contained in the Foreigners (Tribunal) Order 1964. Thus, a total of 8992 persons have been referred to FTs in last 3 years.

February 6,2019

Social Justice

10% quota Bill for 'economic backwardness’ defeats constitutional mandate of reservation

Caste-based discrimination and resultant socioeconomic disadvantage is therefore more fundamental a problem than simple economic disadvantage, and it’s the former that reservation has been constitutionally mandated to address. Economic disadvantage is usually a consequence of a vulnerability, and thus it is that vulnerability which needs to be tackled for effective poverty alleviation, which is exactly what the drafters of the Indian Constitution had understood to be the purpose of reservation.

January 10,2019

Parliament Watch

Lok Sabha passes Personal Laws (Amendment) Bill to drop leprosy as ground for divorce

The Lok Sabha on Monday, January 7, 2018, passed The Personal Laws (Amendment) Bill, 2018 that seeks to seeks to amend the Divorce Act, 1869 (4 of 1869), the Dissolution of Muslim Marriages Act, 1939 (8 of 1939), the Special Marriage Act, 1954 (43 of 1954), the Hindu Marriage Act, 1955 (25 of 1955) and the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) so as to omit the provisions contained therein that the discriminatory to the leprosy affected persons.

January 7,2019

Public Statement

Regressive, flawed and contrary to rights: TG Bill passed by Lok Sabha

The fundamental right to self-identified gender under Articles 14, 15, 19 and 21 of the Constitution stands violated blatantly. With only four MPs addressing the debate, the Bill passed by the Lok Sabha is a washout. The Rajya Sabha must now resist, especially since it has already passed ‘The Rights of Transgender Persons Bill, 2014’ in April 2015.

December 17,2018

Law and Technology

Data Protection Bill: Putting State over individual consent

While it creates a distinction between personal data, and sensitive personal data,the exemptions under Data Protection Bill include matters of security of state, for prevention, detection, investigation and prosecution of contraventions of law, processing for purposes of legal proceeding, research, archiving, or statistical purposes, personal or domestic purposes, journalistic purposes, or manual processing by small entities.

September 2,2018

Case update

SC rejects NOTA for Rajya Sabha polls

The Petitioner contended that the EC’s circular is contrary to the mandate of Article 80 (4) of the Constitution of India and the case of People’s Union for Civil Liberties (PUCL) and another v. Union of India. They further argue that the EC’s circular is unconstitutional as the Rules relied upon to make the voting provisions do not even remotely conceive of NOTA.

August 21,2018

Law and Technology

A privacy and security nightmare

From its premature Cabinet clearance without any enforceable data protection framework in place, to its muddled approach to consent, in-built technologies of coercion leading to profiling and possible criminalisation of vulnerable groups, invasive information collection methods and mythicisation of the “infallibility” of the DNA technology — the Bill is a confused disarray of State arrogance fused with misplaced reliance on technology that’s still too nebulous for effective and wide-scale use

August 16,2018

Parliament Watch

Democratising human rights commissions

The Sub-Committee on Accreditation of the Global Alliance of National Human Rights Institutions underscored that the current selection process under the Act is not sufficiently broad and transparent since it does not mandatorily require the advertisement of vacancies and establishment of clear and uniform criteria upon which all parties assess the merit of applicants. The SCA also noted that the NHRC was not free from political interference.

August 13,2018

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