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Prosecutors open to delaying Trump’s hush-money trial  

The hush-money case is one of four criminal indictments against Trump, the presumptive Republican presidential nominee….reports Asian Lite News

New York prosecutors said Thursday they are open to delaying the start of Donald Trump’s hush-money criminal trial by a month “in an abundance of caution” to give the former president’s lawyers time to review evidence they only recently obtained from a previous federal investigation into the matter.

The Manhattan district attorney’s office said in a court filing that it does not oppose adjourning the trial for 30 days but would fight the defense’s push for a longer delay. Judge Juan Manuel Merchan did not immediately rule.

Jury selection is scheduled for March 25. The hush-money case is one of four criminal indictments against Trump, the presumptive Republican presidential nominee.

Trump’s legal team said it has received tens of thousands of pages of evidence from the U.S. attorney’s office in Manhattan in the last two weeks, including records about former Trump lawyer-turned-prosecution witness Michael Cohen that are “exculpatory and favorable to the defense.” Prosecutors said most of the newly turned over material is “largely irrelevant to the subject matter of this case,” though some records are pertinent.

Trump’s lawyers want a 90-day delay, but they’ve also asked Merchan to dismiss the case entirely, alleging the last-minute disclosures amounted to prosecutorial misconduct and violated rules governing the sharing of evidence. That process, called discovery, is routine in criminal cases and is intended to help ensure a fair trial.

Prosecutors contend Trump’s lawyers caused the problem by waiting until Jan. 18 to subpoena the U.S. attorney’s office for the full case file — a mere nine weeks before the scheduled start of jury selection.

District Attorney Alvin Bragg’s office said it requested the full file last year, but the U.S. attorney’s office only turned over a subset of records. Trump’s lawyers received that material last June and had ample time to seek additional evidence from the federal probe, the D.A.’s office said.

Short trial delays because of issues with evidence aren’t unusual, but any delay in a case involving Trump would be significant, with trial dates in his other criminal cases up in the air and Election Day less than eight months away.

The defense has also sought to delay the trial until after the Supreme Court rules on Trump’s presidential immunity claims, which his lawyers say could apply to some of the allegations and evidence in the hush-money case. The Supreme Court is scheduled to hear oral arguments April 25.

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Complied With SC Direction on Electoral Bonds Data, Says SBI

A total number of 22,217 bonds were purchased during the period April 1, 2019 till February 15, 2024, SBI told the Supreme Court….reports Asian Lite News

The Chairman of State Bank of India (SBI) has filed an affidavit in the Supreme Court apprising that in compliance with the top court’s order, date of purchase of each Electoral Bond, the name of the purchaser and the denomination of the

Electoral Bond purchased has been furnished to the Election Commission of India.

Dinesh Kumar Khara, Chairman of SBI, in the affidavit told the top court that the bank has also furnished the detail to Election Commission regarding the date of encashment of the Electoral Bonds, the name of political parties who have received the contributions and the denomination of the said bonds.

SBI said that the data has been furnished in respect of bonds purchased and redeemed between April 12, 2019 to February 15, 2024.

A total number of 22,217 bonds were purchased during the period April 1, 2019 till February 15, 2024, SBI told the Supreme Court.

“From April 1 to 11, 2019 total number of Electoral Bonds purchased were 3346 and total number of bonds redeemed were 1609,” affidavit stated.

SBI further told the apex court that from April 12, 2019 to February 15, 2024 total number of Electoral Bonds purchased 18,871 and total number of bonds redeemed were 20,421.

The affidavit was filed in compliance of the top court’s direction to the bank to furnish the data of Electoral Bonds to poll panel by March 12.

The Constitution bench of the top court also warned the SBI of contempt of court against it for wilfully disobeying its order in the event of non-compliance with the latest directions.

On Monday the top court dismissed an application of SBI seeking extension of time till June 30 to submit details of Electoral Bonds to Election Commission of India and asked the bank to disclose the details by March 12.

The apex court had also directed that Election Commission of India to compile the information to be furnished by the SBI and publish the details on its official website no later than by March 15, 2024, 5 pm.

In its February 15 judgement, the apex court had set the deadline for SBI as March 6. The apex court had said that by March 13, the ECI shall publish the details of Electoral Bonds on its official website.

The Supreme Court by its February verdict had struck down the Electoral Bonds Scheme which allowed for anonymous funding to political parties, and ordered the SBI to stop issuing Electoral Bonds immediately.

A five-judge Constitution bench of Chief Justice of India DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, JB Pardiwala and Manoj Misra had unanimously quashed the Electoral Bonds scheme as well as amendments made to the Income Tax Act and the Representation of People Act which had made the donations anonymous.

It had asked SBI to furnish details and the details about each Electoral Bonds encashed by the political parties, which shall include the date of encashment and the denomination of electoral bond.

An Electoral Bond is an instrument in the nature of a promissory note or bearer bond which can be purchased by any individual, company, firm or association of persons provided the person or body is a citizen of India or incorporated or established in India. The bonds are issued specifically for the purpose of contribution of funds to political parties.

Various petitions were filed before the top court challenging amendments made to different statutes through Finance Act 2017 and Finance Act 2016 on the ground that they have opened doors to unlimited, unchecked funding of political parties. (ANI)

SC to Hear Pleas Against Election Commissioners’ Act

The Supreme Court on Wednesday agreed to list for hearing on March 15 pleas challenging the Chief Election Commissioner and Other Election Commissioners Act, 2023, which dropped the Chief Justice of India from the selection panel of Election Commissioners.

A bench of Justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi said the matter will be listed for hearing on Friday after advocate Prashant Bhushan, appearing for the NGO Association for Democratic Reforms (ADR), sought an urgent hearing.

The bench said that it had received a message from CJI DY Chandrachud and would list the plea for hearing this Friday.

“I just got the message from the Chief Justice, the matters are listed for Friday,” Justice Khanna told advocate Bhushan.

The petitions were moved by the Association for Democratic Reforms (ADR) and Jaya Thakur (General Secretary of the Madhya Pradesh Mahila Congress Committee), Sanjay Narayanrao Meshram, Dharmendra Singh Kushwaha, and advocate Gopal Singh.

Earlier, the apex court had refused to stay the operation of the Election Commissioner Act, 2023, issued notice to the Centre and sought a response in April.

The pleas challenged the new election commissioners’ law that has dropped the Chief Justice of India from the selection panel for appointing Chief Election Commissioners (CEC) and other Election Commissioners (ECs).

The petitions stated that the provisions of the enactment are violative of the principle of free and fair elections since they do not provide an “independent mechanism” for the appointment of members of the Election Commission of India (ECI).

The petitions said the Act excludes the Chief Justice of India from the process of appointment of the members of the ECI and it’s in violation of the March 2023 verdict of the top court, which had ordered that the appointment of members of the ECI be done on the advice of a committee comprising the Prime Minister, the CJI and the Leader of Opposition in Lok Sabha until a law is made by the Parliament.

By excluding the CJI from the process, the judgement of the Supreme Court stands diluted, as the Prime Minister and his nominee will always be “the deciding factor” in the appointments, said the petitions.

The petitions in particular challenged Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The provisions lay down the procedure for the appointment of ECI members.

They sought direction from the Centre to include the Chief Justice of India in the selection committee for the appointment of the CEC and ECs, which currently consist of the Prime Minister, the Leader of the Opposition in Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.

Earlier, on December 28, the President gave assent to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill 2023.

Notably, on December 21, the Lok Sabha passed the bill to regulate the appointment and service terms of the CEC and ECs.

The Supreme Court, on March 2, 2023, in response to a writ petition, directed that the appointment of CEC and ECs shall be made by the President based on the advice tendered by a committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha or leader of the largest opposition party in the House and the Chief Justice of India.

The Act replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. (ANI)

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Jammu Kashmir National Front Banned For 5 Years Under UAPA

The Ministry said that the members of the JKNF have remained involved in supporting terrorist activities…reports Asian Lite News

The Ministry of Home Affairs (MHA) on Tuesday banned the Jammu Kashmir National Front (JKNF) by declaring it as an ‘unlawful association’ with immediate effect under Unlawful Activities (Prevention) Act for five years.

The Ministry announced a notification pointing that the JKNF, chaired by Nayeem Ahmad Khan, is indulging in “unlawful activities, which are prejudicial to the integrity, sovereignty, and security of the country.”

The Ministry said that the members of the JKNF have remained involved in supporting terrorist activities and anti-India propaganda for fuelling secessionism in Jammu and Kashmir and providing logistic support to terrorists in the Union Territory.

“The leaders and members of the JKNF have been involved in mobilising violent protesters in

various parts of Kashmir for perpetrating unlawful activities, including supporting terrorist activities, sustained stone-pelting on Security Forces in Jammu and Kashmir,” reads the MHA notification.

It also said that the JKNF has constantly asked the people of Kashmir to refrain from taking part in elections and thereby targeted and hampered the very basic constitutionally recognized fundamentals of Indian democracy.

“The JKNF and its members by their activities show sheer disrespect towards the constitutional authority and constitutional set-up of the country. The JKNF is involved in promoting, aiding and abetting secession of Jammu and Kashmir from India by involving in anti-national and subversive activities; sowing seeds of disaffection amongst people; exhorting people to destabilise law and order; encouraging the use of arms to separate Jammu and Kashmir from the Union of India; promoting hatred against established Government and giving clarion call to boycott elections on multiple occasions in the union territory,” mentioned the notification.

It clarified further “The Central Government thinks that if there is no immediate curb or control of unlawful activities of the JKNF, it will use this opportunity to continue with the anti-national activities which are detrimental to the territorial integrity, security and sovereignty of the country, and, will continue advocating the secession of Jammu and Kashmir from the Union of India while disputing its accession to the same.”

“JKNF will continue propagating false narratives and anti-national sentiments among the people of Jammu and Kashmir to cause disaffection against India and disrupt public order,” the notification added.

“…Now, therefore, in the exercise of the powers conferred by sub-section (1) of section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby declares the JKNF as an unlawful association. The Central Government, having regard to the above circumstances, is of firm opinion that it is necessary to declare the JKNF as an ‘unlawful association’ with immediate effect,” the notification stated.

“Central Government hereby directs that this notification shall, subject to any order that may be made under section 4 of the said Act, have effect for five years from the date of its publication in the Official Gazette,” mentioned the notification. (ANI)

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SC Urges Centre to Ease Borrowing Conditions to Kerala

The court remarked to the Centre that they can be slightly liberal, give a one-time package as a special case and apply more rigid conditions in future budgets….reports Asian Lite News

The Supreme Court on Tuesday suggested the Centre to be liberal and give a one-time package as a special case to Kerala, subject to harsher conditions than other states.

A bench of justices Surya Kant and KV Viswanathan’s suggestions came while dealing with the matter relating to Kerala’s plea against Centre over financial matters.

The court remarked to the Centre that they can be slightly liberal, give a one-time package as a special case and apply more rigid conditions in future budgets.

The court also suggested giving the special package to Kerala by March 31 subject to harsher conditions than other States. For the existing States you will be liberal next time, the court remarked

Senior advocate Kapil Sibal mentioned Kerala’s suit the matter before the Supreme Court on Tuesday and apprised the court that Centre is not releasing any money to the tune of 19000 crore.

The court suggested the Centre and Kerala to try and work out.

The court said that it will hear the matter tomorrow.

Earlier the Supreme Court had directed the Kerala Govt to hold a meeting with Centre and state officials to resolve the financial issues arising between them.

Earlier in its affidavit, the Kerala Government said that the Central Government accounts for approximately 60 per cent of the total debt or outstanding liabilities of India.

In an affidavit, the Kerala Government said that the Centre can’t control the debt of state and the justification put forth by the Union Government to control the borrowings of the Kerala State are fallacious, exaggerated and unjustified.

Responding to the notes filed by the Attorney General, Kerala Government made submission and said, “The Central Government accounts for approximately 60 per cent of the total debt or outstanding liabilities of India. All the states put together account for the rest (approximately) 40 per cent of the total debt of the country. In fact, the Plaintiff State accounts for a miniscule 1.70-1.75 per cent of the total debt of the Centre and the States put together for the period 2019-2023.”

Kerala’s financial health and debt situation have attracted adverse observations from successive Finance Commissions (12th, 14th and 15th) as well as the CAG and it is one of the most financially unhealthy states as its fiscal edifice has been diagnosed with several cracks, Attorney General said in a note submitted before the Supreme Court.

Responding to Kerala’s government suit, the Centre in its affidavit, apprised the Supreme Court that Kerala has been one of the most financially unhealthy states, and its fiscal edifice of Kerala has been diagnosed with several cracks.

The Attorney General for India has filed a written note in the suit filed by Kerala Government where he said that debt of states affects the credit rating of the country.

The note was filed in response to the Kerala Government petition against Centre’s alleged interference in states’ finances and said that due to such interference the state is not able to fulfil the commitments in its annual budgets.

In a suit filed by Kerala government, it stated that state government deals with the executive power conferred on the Plaintiff State under Article 293 of the Constitution of India to borrow on the security or guarantee of the Consolidated Fund of the State in alignment with the fiscal autonomy of the Plaintiff State as guaranteed and enshrined in the Constitution.

Kerala Government, through its petition, said Centre through the Ministry of Finance (Public Finance-State Division), Department of Expenditure letters dated March 2023 & August 2023 and by amendments made to Section 4 of the Fiscal Responsibility and

Budget Management Act, of 2003 sought to interfere with the finances of the state by imposing a net borrowing ceiling on the State.

The Kerala government said that such interference with the finances of the state was caused by imposing a net borrowing ceiling on the plaintiff state in the manner deemed fit by the defendant union, which limits borrowings from all sources, including open market borrowings. (ANI)

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SBI Submits Data on Electoral Bonds to EC

In its February 15 judgement, the apex court had set the deadline for SBI as March 6, however, the SBI last week moved the top court seeking an extension till June 30 to comply with the court’s directions….reports Asian Lite News

Complying with the Supreme Court’s directions, the State Bank of India supplied the data on electoral bonds to the Election Commission of India, the poll body said on Tuesday.

In a post on X, the Election Commission of India said, “In compliance with the Supreme Court’s directions to the SBI, contained in its order dated Feb 15 and March 11, 2024 (in the matter of WPC NO.880 of 2017), data on electoral bonds has been supplied by State Bank of India to Election Commission of India, today, March 12, 2024.”

Earlier a five-judge Constitution bench of Chief Justice of India DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, JB Pardiwala and Manoj Misra ordered that the details be disclosed by the bank on March 12.

In its February 15 judgement, the apex court had set the deadline for SBI as March 6, however, the SBI last week moved the top court seeking an extension till June 30 to comply with the court’s directions.

Passing the order on SBI’s application today, the bench ordered, “Submissions of SBI in the application indicates that information sought is readily available. Thus, the application by SBI seeking an extension of time until June 30 is dismissed. SBI is directed to disclose the details by the close of business hours of March 12, 2024.”

The Constitution bench also warned the SBI of contempt of court against it for wilfully disobeying its order in the event of non-compliance with the latest directions.

The Supreme Court had struck down the Electoral Bonds Scheme which allowed for anonymous funding to political parties, and ordered the SBI to stop issuing Electoral Bonds immediately.

SCBA Seeks Presidential Reference

Senior advocate and Supreme Court Bar Association (SCBA) President Adish C. Aggarwala on Tuesday urged President Droupadi Murmu to seek a presidential reference of the Constitution Bench judgement in the Electoral Bonds case.

In his letter written on the letterhead of the All India Bar Association, Aggarwala said that revealing the names of corporates would render them vulnerable to victimisation by those parties which had received less contribution from them and would have a chilling effect on corporate donations and participation in the democratic process.

“Besides drying up further donations, such an act (of disclosing names of corporates and their quantum of contributions to various parties) would discourage and dissuade foreign corporate entities from setting shops in India or participating in the democratic process but contributing to winning horses,” he said in the letter to President Murmu.

It added that if the Constitution Bench judgment is enforced by retrospectively releasing all sensitive information, the same will “shatter the reputation the nation enjoys in the international arena”.

“I, therefore, request your good self to withhold the enforcement of the Hon’ble Supreme Court judgment in the Electoral Bonds case by seeking a Presidential Reference on the matter. Till the Reference is heard and answered, the Hon’ble Supreme Court shall not give effect to its verdict of March 11, 2024,” he said in the letter.

Article 143 of the Constitution confers advisory jurisdiction on the Supreme Court and provides for the power of the President to consult the apex court on a question of law or fact of public importance.

On Monday, a Constitution Bench, headed by Chief Justice of India D.Y. Chandrachud, ordered the State Bank of India (SBI) to disclose the information on encashed Electoral Bonds to the Election Commission by Tuesday.

“As regards, the Election Commission of India, we direct that the ECI shall compile the information and publish the details on its official website no later than by 5 pm on 15 March 2024,” ordered the 5-judge Bench, also comprising Justices Sanjiv Khanna, B.R. Gavai, J.B. Padriwala and Manoj Misra. (ANI/IANS)

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ADR Moves Contempt Plea On Electoral Bond Case

Advocate Prashant Bhushan for ADR mentioned the plea before a SC bench and apprised the top court that SBI has filed an application for extension which will be listed on Monday….reports Asian Lite News

The Association for Democratic Reforms (ADR) has moved a contempt petition in the Supreme Court against the State Bank of India for not complying with the top court direction to disclose details of electoral bonds to the Election Commission.

Advocate Prashant Bhushan for ADR mentioned the plea before a bench led by Chief Justice of India DY Chandrachud and apprised the top court that State Bank of India has filed an application for extension which will be listed on Monday.

Advocate Bhushan urged the top court to list ADR’s plea along with SBI’s application. CJI asked advocate Bhushan to complete the pre-listing formalities and then they will consider listing it.

On March 15, the Constitution bench of the Supreme Court asked the SBI to furnish details of the political parties that received Electoral Bonds since April 12, 2019, and all the particulars received and submit them to the Election Commission of India by March 6. This has come when the top court held Electoral Bonds scheme is violative of Article 19(1)(a) and unconstitutional and struck down Electoral Bonds scheme.

As the State Bank of India (SBI) missed the deadline to submit the details, it has moved the Supreme Court seeking an extension of time till June 30 to submit details of Electoral Bonds to the Election Commission of India. SBI in its application said that it needs extra time to disclose details of electoral bonds encashed by political parties.

Now ADR has sought to initiate the contempt proceedings against SBI for not complying the court order and said that it has wilfully and deliberately disobeyed the judgment passed by the Constitution Bench of the top court, and the same not only negates the right to information of the citizens, but also wilfully undermines the authority of the apex court.

ADR, one of the petitioners in the matter, said that two days before the expiry of the stated deadline for State Bank of India (SBI) for submitting information concerning electoral bonds to the Election Commission of India, SBI has filed the application, which is mala fide and demonstrates a wilful and deliberate disobedience & defiance of the judgement passed by the Constitution Bench of the top court. The contempt plea also stated that it is a clear attempt to undermine the authority of the apex court.

ADR submitted that the State Bank of India has deliberately filed the said application at the last moment in order to ensure that the details of donor and the amount of donations are not disclosed to the public before the upcoming Lok Sabha elections. “The said application neither discloses the progress made so far & steps taken to comply with the judgment dated February 15, 2024, nor it shows even part- compliance of the judgment passed by this Court,” ADR said.

SC to hear SBI plea

The Supreme Court will hear a State Bank of India (SBI) plea on March 11 seeking an extension of time until June 30 to submit details of electoral bonds to the Election Commission of India.

A five-judge Constitution Bench led by Chief Justice of India DY Chandrachud will hear the matter on March 11. The Constitution Bench will also hear the Association for Democratic Reforms (ADR) contempt petition on that day too.

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Assam’s Ethnic Groups Stage Anti-CAA Protest Ahead of Modi Visit

All Assam Students’ Union (AASU) and 30 other ethnic organizations hit the streets of Assam to protest against CAA….reports Asian Lite News

Ahead of Prime Minister Narendra Modi’s visit to Assam, All Assam Students’ Union (AASU) and 30 other ethnic organizations on Thursday hit the streets of Assam to protest against the Citizenship Amendment Act (CAA).

The members of AASU earlier in the day took out a bike rally in Guwahati to protest against CAA. The protesters raised slogans against the CAA and demanded the centre to scrap it.

The CAA, introduced by the Narendra Modi government, aims to confer Indian citizenship to persecuted non-Muslim migrants, including Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians, who migrated from Bangladesh, Pakistan, and Afghanistan and arrived in India before December 31, 2014.

Following the passage of the CAA by Parliament in December 2019 and its subsequent presidential assent, significant protests erupted in various parts of the country.

Samujjal Bhattacharya, Chief Advisor of AASU said that All Assam Students’ Union and 30 other ethnic organizations have decided to launch a movement against the CAA and the conspiracy by the Government of India to impose rules under the act.

“Today, the bike rally was held throughout the state in all district headquarters. There will be a series of movements against the CAA in the state. We would like to warn the central government that, the people of Assam and North East won’t accept the CAA because Assam and North East are not the dumping ground of illegal Bangladeshis,” Samujjal Bhattacharya said.

“After the historic Assam Movement Assam Accord was signed, the foreigners’ problem must be solved by implementing all clauses of the Assam Accord. It will be a peaceful, non-violent movement and along with this the legal fight is on,” he said.

PM Modi is set to embark on a two-day visit to Assam commencing on Friday where he will inaugurate and lay the foundation stone of various development projects.

PM Modi will arrive in Kaziranga on Friday evening, and he will stay overnight in the national park, a UNESCO Heritage Site renowned for its one-horned rhinos.

Assam Chief Minister Himanta Biswa Sarma, while addressing a press conference on Thursday said that the PM will arrive in the state on Friday evening and is scheduled to spend at least two hours in the Kaziranga National Park and Tiger Reserve.

“On Friday, at 4 pm PM Modi will arrive at Tezpur airport and will directly go to Kaziranga. On March 9, at around 5:30 am, he will visit Kaziranga National Park and will spend 2 hours. He will go to Arunachal Pradesh from Kaziranga. After attending two programs in Arunachal Pradesh he will again visit Jorhat at around 1:30 pm…” the Assam CM said.

PM Modi will inaugurate the Tinsukia Medical College and lay the foundation stone of Sivasagar Medical College under the PM-DIVINE scheme on Saturday.

“PM Modi will lay the foundation stone for the expansion of Digboi Refinery from 0.65 Million MT to 1 Million MT with a cost of Rs 768 crores. PM Modi will also lay the foundation stone of the expansion of Guwahati Refinery from 1 million MT to 1.2 million MT with a cost of Rs 510 crore. PM Modi will inaugurate the project with a cost of Rs 3,992 crores project of pipeline from Barauni to Guwahati…” Assam CM added.

PM Modi will also address a rally at Meleng Meteli and inaugurate several projects of both centre and state governments.

In addition, PM Modi would perform the ‘Griha Pravesh’ (house-warming) ceremony for the 5.5 lakh houses built under the Pradhan Mantri Awas Yojana (PMAY), lay the foundation stone of Sivasagar Medical College, and address a public gathering at Meleng Meteli Pothar in Jorhat.

On March 9, he will take a Jeep Safari or elephant ride inside the national park.

In view of PM Modi’s visit to Kaziranga National Park and Tiger Reserve in Assam, the jeep safari and elephant ride will remain closed in the Kaziranga range of Kohora from March 7 to 9. (ANI)

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Law Panel May Submit Report on Simultaneous Polls Soon

These proposals echo the sentiments expressed by the 21st Law Commission, which championed the concept of simultaneous polls on the basis of potential cost savings….reports Asian Lite News

The 22nd Law Commission is poised to deliver its final report on the feasibility of simultaneous elections by mid-March, just before the anticipated announcement of the Lok Sabha polls schedule by the Election Commission, as per The New Indian Express. This report seeks to propose constitutional amendments that would enable the implementation of synchronized elections by 2029.

Among the suggested amendments are revisions to the Representation of the People Act, 1951, alongside the introduction of a novel chapter within the constitution aimed at facilitating synchronized elections and the establishment of a unified electoral roll.

Notably, a high-level committee led by former president Ram Nath Kovind has reportedly endorsed most of the recommendations put forth by the Law Commission, lending support to the concept of simultaneous polls. The proposed constitutional amendment is expected to carve out a distinct chapter (Part XV-A) dedicated to addressing the intricacies of synchronized elections, including their sustainability and the creation of a common electoral roll.

Furthermore, the Law Commission is contemplating the establishment of a ‘unity government’ in scenarios where a no-confidence motion or a hung House arises. This proposed government structure would entail representation from various political parties. In the event that the unity government model proves unviable, the commission may advocate for fresh elections to be conducted for the remainder of the House’s term.

These proposals echo the sentiments expressed by the 21st Law Commission, which championed the concept of simultaneous polls on the basis of potential cost savings. However, the Commission also acknowledged the necessity of constitutional reforms to realize this vision. With an eye towards the 2029 Lok Sabha elections, the Commission aims to develop a roadmap that may involve adjustments to the tenures of state assemblies over time, culminating in synchronized elections across the nation.

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Uttarakhand Enacts Law to Compensate for Riot Damages

Under this law, full recovery will be made from the rioters for causing damage to private and government property. ..reports Asian Lite News

Uttarakhand Chief Minister Pushkar Singh Dhami’s government has approved the country’s most stringent law (ordinance) to provide compensation for the entire loss caused during riots.

“The Cabinet has approved the formation of a special tribunal during the Cabinet meeting today with the aim of strictly curbing the cases of riots and unrest, Dhami said.

He said that the “damage caused to public property during the riots would be compensated by the rioters themselves”.

The Chief Minister said, “Those who disturb the peace of the state will have to pay a heavy price and will set an example that will be remembered for years by the generations of rioters who tarnished the sacred land of Devbhoomi”.

After implementing the country’s strictest anti-copying law and passing the Uniform Civil Code (UCC) Bill, Chief Minister Pushkar Singh Dhami’s cabinet passed the Uttarakhand Public (Government) and Recovery of Damage to Private Property (Ordinance) Act 2024 on Monday to stop riots and deal with rioters.

Under this law, full recovery will be made from the rioters for causing damage to private and government property. Apart from this, a huge fine of up to Rs 8 lakh and expenses incurred on government staff and other work in riot control will also be compensated. The Pushkar Singh Dhami Cabinet on Monday approved this law and sent it to the Governor for approval.

With this law, those who cause damage to private and public property during disturbances like riots, strikes, bandhs in the state will be dealt with strictly. In addition to compensation for the loss of government and private property, if someone’s body is mutilated during the riot, the entire cost of treatment will be recovered from the rioter.

Apart from this, the entire expenses incurred during the riots by the police, administration or other agencies for riot control will also be recovered. The government has also decided to impose a fine of up to Rs 8 lakh on the rioters under this law along with other punishment and action.

The government has also approved setting up a formal Claims Tribunal so that strict action can be taken against the rioters through the tribunal. If the government registers a case against the rioters, action will be taken under the Uttarakhand Recovery of Damage to Public and Private Property Ordinance 2024.

The government has also duly approved the Claims Tribunal. Under this tribunal, the recovery will be made from the rioters and their family members as well as their property. An Additional District Magistrate (ADM) category officer has been given the responsibility of Claims Commissioner. The Claims Tribunal also includes members other than the retired judge.

After approving this law in the cabinet, the government has sent it to the Governor for approval. Since the State Legislature is not currently in session, the Governor has the authority to implement this law in the state by using the powers conferred by Clause 1 of Article 213 of the Constitution of India.

After the approval of the Governor, the “Uttarakhand Public and Private Property Recovery Ordinance 2024” will be implemented in the state.

Earlier on Sunday, Dhami distributed appointment letters to eight Assistant Accountants and 342 Gram Panchayat Development Officers of the Panchayati Raj department in the appointment letter distribution ceremony organised by the Panchayati Raj department at the Chief Sevak Sadan located at the Chief Minister’s residence.

While Assistant Accountants have been selected through the Public Service Commission, Gram Panchayat Development Officers have been selected through the Subordinate Services Selection Commission. (ANI)

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Home Ministry to Notify CAA Rules Before Model Code of Conduct

Following the passage of the CAA by Parliament in December 2019 and its subsequent Presidential assent, significant protests erupted in various parts of the country….reports Asian Lite News

The Ministry of Home Affairs (MHA) is expected to announce the Citizenship Amendment Act (CAA) 2019 regulations prior to the enforcement of the model code of conduct, sources said.

The CAA rules, introduced by the Narendra Modi government, aim to confer Indian citizenship to persecuted non-Muslim migrants – including Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians – who migrated from Bangladesh, Pakistan, and Afghanistan and arrived in India before December 31, 2014.

Following the passage of the CAA by Parliament in December 2019 and its subsequent Presidential assent, significant protests erupted in various parts of the country.

Sources privy to the development told the ANI that “the regulations for the CAA could be announced anytime before the enforcement of the model code of conduct”. There is a possibility that the code of conduct might be in place in March.

As per an official, the CAA law can be put into action with the issuance of MHA notifications, allowing eligible individuals to obtain Indian citizenship.

The implementation of the CAA, which has been delayed for over four years, necessitates the formulation of its associated rules.

“The regulations are prepared, and an online portal is already set up for the entire process, which will be conducted digitally. Applicants will need to disclose the year of their entry into India without any travel documents. No additional documentation will be required from the applicants,” stated the official.

On December 27, Union Home Minister Amit Shah had asserted that the implementation of the CAA cannot be halted as it stands as the law of the land. He had also accused West Bengal Chief Minister Mamata Banerjee of misleading the public regarding this matter.

Speaking at a party meeting in Kolkata, Shah emphasized that the BJP is committed to implementing the CAA.

The TMC, led by Mamata Banerjee, has been opposing the CAA.

The assurance of implementing the highly debated CAA was a significant electoral agenda for the BJP during the previous Lok Sabha and Assembly elections in West Bengal. Leaders of the saffron party view it as a credible factor contributing to the BJP’s ascent in the state.

As per the manual of parliamentary procedures, the guidelines for any legislation should have been formulated within six months of receiving the presidential assent, or the government should have sought an extension from the Committees on Subordinate Legislation in both the Lok Sabha and Rajya Sabha.

Since 2020, the Ministry of Home Affairs has been regularly seeking extensions from the parliamentary committees to continue the process of framing the rules associated with the legislation.

Over a hundred individuals lost their lives either during the protests or due to police action subsequent to the passage of the law in Parliament.

During the past two years, over 30 district magistrates and home secretaries across nine states have been authorized with the ability to confer Indian citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians arriving from Afghanistan, Bangladesh, and Pakistan under the Citizenship Act of 1955.

As per the Ministry of Home Affairs’ annual report for 2021-22, between April 1, 2021, and December 31, 2021, a cumulative count of 1,414 individuals from non-Muslim minority communities originating from Pakistan, Bangladesh, and Afghanistan were granted Indian citizenship through registration or naturalization under the Citizenship Act, 1955.

Under the Citizenship Act of 1955, Indian citizenship by registration or naturalization is granted to non-Muslim minorities from Pakistan, Bangladesh, and Afghanistan in nine states such as Gujarat, Rajasthan, Chhattisgarh, Haryana, Punjab, Madhya Pradesh, Uttar Pradesh, Delhi, and Maharashtra.

It’s notable that authorities in districts of Assam and West Bengal, both politically sensitive regions on this matter, have not been empowered with these citizenship-granting authorities thus far. (ANI)

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