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Jan 11, 2015

Sindhushree Khullar named NITI Aayog CEO

A 1975 batch UT cadre IAS officer, she was appointed the now defunct Planning Commission’s Secretary in April 2012.

The Modi Government on Saturday appointed former Planning Commission Secretary Sindhushree Khullar as the first CEO of the National Institution for Transforming India (NITI) Aayog.

Ms. Khullar, a 1975 batch UT cadre IAS officer, was appointed Planning Commission’s Secretary in April 2012. She continued to hold the post even after the Modi Government scrapped the Cabinet resolution in August 2014 through which the Planning Commission was set up.

Earlier this month, Prime Minister Narendra Modi appointed noted economist Arvind Panagariya as Niti Aayog’s Vice-Chairman. He also appointed Economist Bibek Debroy and former DRDO Chief V K Saraswat as full-time members.

Mr. Modi is the Niti Aayog’s Chairman.

He also made Union Home Minister Rajnath Singh, Union Finance Minister Arun Jaitley, Railways Minister Suresh Prabhu and Union Agriculture Minister Radha Mohan Singh as Ex-Officio members. Union Roads and National Highways Minister Nitin Gadkari, Union Human Resource Development Minister Smriti Zubin Irani and Union Social Justice and Empowerment Minister Thawar Chand Gehlot were made Special Invitees to the Niti Aayog.

Source - The Hindu

SC has no option but to set rapist free

‘He may have deserved the severest punishment under the law’
The Supreme Court set free a man sentenced to life imprisonment for the rape and murder of a seven-year-old girl after medical examination found he was a juvenile at the time of the crime.

The judgment by a Bench of Justices T.S. Thakur and R. Banumathi comes shortly after the apex court, in November 2014, had acquitted a 40-year-old murder convict in another case when he too had successfully claimed ‘juvenility.’

In its verdict dated January 8 this year, the Bench expressed its misgivings over letting loose a man found guilty of rape and murder of an “innocent young child.”

“The circumstances, in our opinion, form a complete chain and lead to the irresistible conclusion that the appellant was responsible for the offence of rape and murder of the hapless baby-girl,” Justice Thakur wrote.

“But for the protection available to him under the Juvenile Justice Act, the appellant may have deserved the severest punishment permissible under law,” Justice Thakur observed in the verdict.

Justice Thakur, however, noted that the only relief for the court was the “cold comfort” it drew from the fact that the man spent 14 years in jail.

Section 7 A of the Juvenile Justice Act, 2000 provides that an accused can claim he was a juvenile at the time of the alleged crime during any stage of the case and before any court. If medical examination proved his claim right, the court had to treat him as a juvenile, no matter what his present age was.

Being treated a juvenile would mean that punishment, even for heinous offences like rape and murder, would be reduced to a round of advice, community service or a period of two years in a special home.

In the present case, the accused, who is deaf and dumb, was found guilty of picking up the seven-year-old victim while she was sleeping and then raping and murdering her in April 1998. He was sentenced to life imprisonment by the trial court in January 2004.

The Rajasthan High Court had confirmed the sentence.

In his appeal before the Supreme Court, the accused, in a fresh plea, said he was a juvenile in 1998. Medical examination proved that the accused was just over 17 years of age when he allegedly committed the crime. This left Justice Thakur’s Bench with no option but to let him go.

This is the second case in which the apex court has expressed its helplessness over the provisions of the juvenile law.

In November 2014 hearing, a Bench led by Justice Dipak Misra had found the juvenile law “far too liberal” and had questioned the legality of Section 7A.

Justice Dipak Misra, who led the Bench, had then asked in open court: “What is this? Somebody can claim juvenility even after final disposal of the case...”

Source - The Hindu

President conveys sharp reminder on ordinance limits

Govt. must ensure extension of tenure after Parliament reconvenes
President Pranab Mukherjee reminded senior Ministers of the Narendra Modi government that the validity of an ordinance was for just six weeks after Parliament reassembled.

Mr. Mukherjee’s comments to the Ministers when they called on him to explain the urgency for promulgating three ordinances imply that the government will have to get these turned into Acts of Parliament. In order to do this, the government must get the contentious legislation passed either through the Rajya Sabha, where it doesn’t have the majority, or call a joint sitting of the two Houses.

The President told Ministers Arun Jaitley, D.V. Sadananda Gowda and Nitin Gadkari at a recent meeting that it was up to the government to ensure that the validity of the legislation extended beyond the mandated six weeks after Parliament resumed, The Hindu has learnt.

Under Article 123 of the Constitution, the President has to satisfy himself that “circumstances exist” that require him to “take immediate action” when both Houses of Parliament are not in session. Also, an ordinance has the “same force and effect” as an Act of Parliament.

“They [the government] could call a joint session of Parliament, where they have a majority. But it would be better if the consensus route was adopted,” the former Attorney-General, Soli Sorabjee, told this newspaper.

In the absence of Rural Development Minister Birender Singh, the President is reported to have sought detailed clarifications from Finance Minister Arun Jaitley on the urgency of on the ordinance amending the Land Acquisition Act, 2013. While seeking reasons to justify the urgency of issuing this and two other ordinances amending the Motor Vehicles Act and the Citizenship Act, Mr. Mukherjee is said to have pointed out that the impact of the ordinances would be permanent.

Source - The Hindu

Jan 10, 2015

[Ed] Watershed in judicial history

The Supreme Court of India and the High Courts, described as the most powerful judiciary in the world, are witnessing dramatic changes in their institutional structure. Pending notification, the legislature has passed the Constitution (121st Amendment) Bill, 2014 and The National Judicial Appointments Commission Bill, 2014 to regulate the procedure for recommending the appointment and transfer of the Chief Justices and Judges of these higher courts, marking a watershed in judicial history. The new law provides for the setting up of the National Judicial Appointments Commission (NJAC), a six-member panel headed by the Chief Justice of India, and includes two senior-most Supreme Court judges, the Union Minister of Law and Justice and two ‘eminent persons’ nominated by a committee comprising the Prime Minister, the CJI and the Leader of the Opposition. Although controversial, this represents a much-needed reform of the older collegium system. That system was a judge-devised practice of appointments that evolved out of the ‘three-judges cases’ (1982, 1993 and 1998) wherein the Chief Justice along with a panel of senior-most judges would make a binding recommendation to the President on the appointees. This model was a reaction to blatant favouritism by the executive that marked appointments until the Supreme Court decided to change the procedure. To avoid charges of favouritism, the collegiums relied on seniority, which only encouraged more mediocrity.

Although such an inter-institutional model has the potential to enhance merit and diversity in the judiciary, it is the fine print of law that raises questions. With three of the six members being judges, a decision of the Commission can be vetoed by any two members. The judicial members of the NJAC lack the preponderance in voice necessary to maintain independence. The fear is that the NJAC may encourage High Court judges to give pro-government rulings with the object of gaining eventual promotion to the Supreme Court. This problem was dealt with by the Venkatachaliah Committee, endorsed by the Vajpayee government, which suggested a panel of three judges, the Union Minister and only one ‘eminent person’, thus reducing the scope for executive interference. Having a relook at this report might have been of value. But the BJP has ignored it and instead demanded more say in the NJAC; the Opposition did not seem to have any complaints about the procedure either. With several influential lawyers criticising the law for being a political assault on judicial independence, the constitutionality of the law is about to be challenged in court. Whether this would eventually lead to a conflict between the two wings of the government, is something to be seen.

[Ed] Choosing thy neighbour

The very process of development and change in India may be generating new forms of social and economic competition that manifest themselves in terms of social bias
Popular debate around social biases in India is structured around two competing narratives. One view holds that as an urbanising country with rapid economic growth over the past few decades, the importance of ascriptive identities such as caste and religion is gradually eroding. An opposing view holds that these biases have remained resilient in India, even in the face of substantial economic development and increasingly heterogeneous cities.

Yet, such a simple dichotomy understates the complexity in characterising social biases in India. New forms of bias may emerge while other forms fade away. While social biases often result from prejudice or chauvinism, they may also result from legitimate apprehensions about, or threats from, another social group. In order to develop a deeper understanding of the profile of social biases in India, we analyse new data from the Lok Surveys, taking advantage of both the scale and the geographic spread of the sample. Before describing our results, we note that any survey-based analysis of social bias is necessarily fraught with difficulties — questions about bias are sensitive and respondents are often unwilling to admit to their biases. Furthermore, there is no universally accepted tool used to measure bias.

Identity of neighbours

Rather than relying on complex typologies that can be impacted by preconceived notions, we focus our analysis on a simple topic, which we believe represents a core form of social bias: differences in preferences for the identity of one’s neighbours. These preferences capture important dimensions of social structure. They involve beliefs about how different social groups affect social solidarity in a neighbourhood, as well as apprehensions about interacting with different social groups. To uncover social biases in preferences for neighbours, each of our respondents was asked the following question: Would you be against having a family of (another identity group) as a neighbour?

“It is the middle class group that accounts for much of the social bias in preferences for the identity of one’s neighbours”
The part of the question in brackets was replaced by a randomly generated prompt. First, we randomised whether the respondent would receive a prompt for religious or caste bias. Then, based on this first stage, we asked about a social group different from that of the respondent. For instance, a Hindu respondent slotted to receive a religious bias prompt might be asked about a Muslim neighbour, and a Muslim respondent might be asked about a Hindu neighbour. Similarly, an upper caste individual slotted to receive a caste bias prompt could be asked about Other Backward Classes (OBCs), Scheduled Castes (SCs), or Scheduled Tribes (STs). In this manner, we generated data on a complex set of social interactions in Indian society. It should be noted, however, that the results are based on correlations, not multivariate analyses.

Overall, 27 per cent of the sample population directly admitted that they were against having a neighbour from a different religious or caste community. While this number seems high, we cannot ascertain whether this is part of an increasing or decreasing trend in social biases over time because, to our knowledge, this question has never been asked before in a large nationally representative survey in India.

There is, as to be expected, significant variation in levels of social bias across States. Punjab displays the highest level of social bias, with 36 per cent of respondents displaying an aversion to living near those of another caste or religion, while the post-split Andhra Pradesh (Seemandhra) displays the lowest levels of social bias, with 12 per cent of respondents displaying aversion. Tamil Nadu, Karnataka, Chhattisgarh and Rajasthan also had relatively high rates of social bias (each with over 30 per cent of respondents indicating an aversion).

Social bias permeates all segments of Indian society. The education level or wealth of respondents had little impact on whether they would report social bias. Furthermore, there was little difference between how village dwellers and city dwellers responded to the question; 28 per cent and 27 per cent of rural and urban respondents, respectively, indicated social bias. These findings suggest that urbanisation and improved access to education may not reduce social bias.

The majority of the variation in social biases is seen between specific identity groups. SC and ST populations demonstrated a greater aversion to living near upper castes than to living near other marginalised communities, including Muslims. In total, 29 per cent of SCs indicated a social bias against upper castes, as compared to 24 per cent towards STs, and 38 per cent of STs indicated a social bias against upper castes, as compared to 24 per cent against SCs. Given the reality of caste hierarchies, perhaps marginalised communities are apprehensive that traditionally dominant communities will discriminate against them or hurt social solidarity in their neighbourhoods. A similar story may explain why Muslims display somewhat greater aversion towards Hindu neighbours (31 per cent) than Hindus do towards Muslim neighbours (27 per cent), especially considering that much of that gap is due to the relatively high rate of “lower caste” Muslims who were against living near a Hindu family (8 per cent higher than “upper caste” Muslims).

Not all social biases are driven by marginalisation. Though our survey cannot gauge the intensity of these preferences, upper caste respondents were more likely to say they did not want to live near OBCs than any other group. Overall, 34 per cent of upper caste Hindus admitted preferences against OBC neighbours, as compared to 26 per cent against SCs and 23 per cent against STs. A politically ascendant OBC population has begun to challenge high caste dominance in many social spheres, creating greater competition for resources. Based on this data, we conjecture that social bias may also be generated from threats to power and intensifying economic and social competition.

In order to understand the role of social and economic ascendance on preferences for neighbours, we also investigated the relationship between middle class identification and social bias. In the previous piece in this series (“Being middle class in India,” December 9, 2014), our colleagues Devesh Kapur and Milan Vaishnav demonstrated that 49 per cent of all Indians, including people from all segments of Indian society, self-identified as “middle class.” They were more optimistic about the economic conditions of their family and the nation as a whole as compared to those who did not identify as middle class. The self-identified middle class was also more likely to report that their family had experienced social mobility within the last generation.

However, it is precisely this socially mobile group that accounts for much of the social bias we observe in our sample. Among those who do not identify as middle class, only 17 per cent of respondents said they did not want a neighbour from a different community. However, among those who perceive themselves as middle class, 39 per cent indicated social bias against a religious or caste community. The reasons for these large differences are not immediately clear. It is likely, however, that there is something fundamental about the construction of middle class identity that lends itself to social bias, as described in the earlier piece.

Causes for biasBased on our data, we suggest two very different causes for bias in one’s preferences for neighbours. Marginalised communities display higher levels of social bias against traditionally dominant communities, perhaps as a reaction to historical stigmatisation and concerns for social solidarity. But traditional social marginalisation is not the whole story. Upper caste Hindus now report the most social bias against OBCs, instead of groups lower on the caste hierarchy. Those identifying as the Indian middle class display much higher levels of social bias than those who do not identify as such. We surmise that the very process of development and change in India may be generating new forms of social and economic competition that manifest themselves in terms of social bias. A modernising India may trigger the erosion of certain traditional hierarchies while, at the same time, opening the way for new cleavages based around social and economic contestation.

(Neelanjan Sircar is a postdoctoral research fellow at the Center for the Advanced Study of India and Megan Reed is the research coordinator at CASI.)

Source - The Hindu

Governor’s rule in J&K

President Pranab Mukherjee approves Governor N. N. Vohra's recommendation

President's rule was imposed on Jammu and Kashmir on Friday.

President Pranab Mukherjee approved the recommendation of J & K Governor N. N. Vohra as deadlock continued in the State over formation of the new government after voters handed a fractured verdict in assembly elections, government sources said here.

Caretaker Chief Minister Omar Abdullah had requested the Governor on Thursday to relieve him of his duties. After the hung verdict in assembly polls on December 23, the State has not witnessed installation of a newly elected government on account of hung verdict and talks remaining elusive between the PDP and the BJP.

Jan 6, 2015

SEBI moots curbs on wilful defaulters

The Securities and Exchange Board of India (SEBI), on Monday, proposed to amend the SEBI Act for imposing restrictions on ‘wilful defaulters’ from accessing the capital market.

The proposed amendment suggests that no issuer would be allowed to make a public issue of equity and debt securities and non-convertible redeemable preference shares, “if the issuer, its promoter, group company or director of the issuer of such securities, is in the list of the wilful defaulters, published by the Reserve Bank of India (RBI).”

Wilful defaulters would also not be allowed to make public issue of debt securities and non-convertible redeemable preference shares if they are in default of payment of interest or repayment of principal amount in respect of debt instruments issued by them to the public, said the capital market regulator in a discussion paper published on Monday.

SEBI said to prevent access to the capital markets by the wilful defaulters, a copy of the list of wilful defaulters (non-suit filed accounts and suit filed accounts) are forwarded to SEBI by the RBI and the Credit Information Bureau (India) Ltd. (CIBIL).

However, it said that the existing listed companies/its promoter/group company/director of the issuer categorised as wilful defaulter may make a rights issue/private placement to qualified institutional buyers, with full disclosures in the offer document. Further, it recommended that listed companies/its promoter/group company/director of the issuer categorised as wilful defaulter should not be allowed to take control over other listed entity in accordance with SEBI (SAST) Regulations, 2011. “Existing listed companies/its promoter/group company/director of the issuer categorised as ‘wilful defaulter’ should be allowed to make counter offer in case of a hostile bid,” SEBI added.

SEBI requested the public to send their comments on these recommendations on or before January 23.

Source - The Hindu