Mallikarjun Kharge to be on CIC selection panel

November 4, 2014

New Delhi, Nov 4: Leader of Congress in Lok Sabha Mallikarjun Kharge has been inducted into the three-member selection committee which will select the Chief Information Commissioner.

Mallikarjun Kharge
As per file notings, Prime Minister Narendra Modi, who heads the panel, has nominated Defence Minister Arun Jaitely besides Kharge to the committee.The decision to include Kharge has been taken on the advice of Law Ministry as there was lack of clarity on the Leader of Opposition in Lok Sabha.

The RTI Act requires that selection of the Chief Information Commissioner be done by a three-member panel comprising the Prime Minister, who shall be the Chairperson of the committee, Leader of Opposition in Lok Sabha and a Cabinet Minister to be nominated by the Prime Minister.

"For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the House of the People has not been recognised as such, the Leader of the single largest group in opposition of the Government in the House of the People shall be deemed to be the Leader of Opposition," the Act says.

The file notings accessed by activist Commodore (Retd) Lokesh Batra show that the Lok Sabha Secretariat had conveyed to DoPT on June 19, 2014, that "as on date, there is no Leader of Opposition in Lok Sabha. Indian National Congress with a strength of 44 mmbers is, however, the single largest party in opposition to the Government in Lok Sabha.

"As per the information received from the party, Mallikarjun Kharge is the Leader of Indian National Congress in Lok Sabha which is the single largest party in opposition in Lok Sabha."

After receiving the response, DoPT had referred the matter to Law Ministry seeking to know whether leader of single largest party can be "treated" as leader of "single largest group" in the Lok Sabha for the purpose of the RTI Act?

"Our answer to the query is in the affirmative. We, however, clarify that this answer is only for the limited purpose of the RTI Act [explanation below Section 12(3)] and not for any other purpose," the Law Ministry said in its advice to Department of Personnel and Training.

The Law Ministry had also made it clear that the term "single largest group in opposition", as mentioned in the RTI Act, is not defined either in the RTI Act, Acts pertaining to functioning of MPs and Parliament and compilations of "Directions by the Speaker of Lok Sabha".

It said it relied on the response of the Lok Sabha Secretariat saying Kharge was the leader of Congress which was the single largest party in opposition.

The Department of Personnel and Training (DoPT), the nodal ministry for RTI matters, has invited applications from the people in a given format before November 24.

According to the Act, the Chief Information Commissioner (CIC) shall be a person of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass-media or administration and governance.

All the CICs appointed so far have been retired bureaucrats. The position has been lying vacant after Rajiv Mathur, former Chief of Intelligence Bureau, retired on August 22.

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News Network
September 17,2024

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New Delhi: The Supreme Court on Tuesday halted unauthorised bulldozer action against private property, anywhere in the country, till October 1, dismissing concerns by the government that demolitions sanctioned after following due process could be impacted. 

The "heavens won't fall if we ask you to hold your hands till the next hearing", a bench of Justice BR Gavai and KV Viswanathan declared.

An irate top court - which has already come down hard, twice this month, on 'bulldozer justice' meted out by various state governments - also warned the government against "grandstanding" and "glorification" of this practice. "No demolition, till next, date, without permission of this court," the government was told, and warned the Election Commission may also be put on notice.

The court's reference to the poll panel is significant given elections are due in Jammu and Kashmir (the first Assembly election in a decade) and Haryana, where the Bharatiya Janata Party is looking to return to power. Elections are also due this year in BJP-ruled Maharashtra and Jharkhand.

The court, however, also clarified its order is not applicable to removal of encroachments in public spaces such as roads, railway tracks, water bodies, etc.

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News Network
September 19,2024

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Narendra Modi-led government of India has abstained in the UN General Assembly on a resolution that demanded that Israel bring an end, “without delay”, to its unlawful presence in the Occupied Palestinian Territory within 12 months.

The 193-member General Assembly adopted the resolution, with 124 nations voting in favour, 14 against and 43 abstentions, including that by India.

Those abstaining included Australia, Canada, Germany, Italy, Nepal, Ukraine and the United Kingdom.

Israel and the US were among the nations who voted against the resolution titled ‘Advisory opinion of the International Court of Justice on the legal consequences arising from Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem, and from the illegality of Israel’s continued presence in the Occupied Palestinian Territory’.

The resolution adopted Wednesday demanded that “Israel brings to an end without delay its unlawful presence in the Occupied Palestinian Territory, which constitutes a wrongful act of a continuing character entailing its international responsibility, and do so no later than 12 months from the adoption of the present resolution.” 

The Palestinian-drafted resolution also strongly deplored the continued and total disregard and breaches by the Government of Israel of its obligations under the Charter of the United Nations, international law and the relevant United Nations resolutions, and stressed that such breaches seriously threaten regional and international peace and security.

It recognised that Israel must be held to account for any violations of international law in the Occupied Palestinian Territory, including any violations of international humanitarian law and international human rights law, and that it “must bear the legal consequences of all its internationally wrongful acts, including by making reparation for the injury, including any damage, caused by such acts.”

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News Network
September 23,2024

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Nagpur: Union Minister Nitin Gadkari on Sunday teased his cabinet colleague Ramdas Athawale over his ability to hold onto his cabinet spot across multiple governments. "It may not be guaranteed that our government will return for a fourth term, but what is definitely guaranteed is that Ramdas Athawale will become a minister," he remarked at an event in Maharashtra's Nagpur.

The playful jibe, with Mr Athawale present on stage, was followed by Mr Gadkari clarifying that he was "just joking."

Mr Athawale, leader of the Republican Party of India (RPI), has served as a minister three times and expressed confidence in continuing his streak if the BJP returns to power.

Mr Athawale on Sunday said his party RPI (A), an ally in the ruling Mahayuti government in Maharashtra, should get to contest on at least 10 to 12 seats in the upcoming assembly elections. Addressing a press conference in Nagpur, Mr Athawale said the RPI-A will contest the election on its party symbol and ask for three to four seats in Vidarbha, including north Nagpur, Umred (Nagpur), Umarkhed in Yavatmal and Washim.

Mr Athawale's party is part of the Mahayuti alliance, comprising the BJP, Shiv Sena led by Chief Minister Eknath Shinde and Ajit Pawar's NCP.

The Union minister said, "The RPI-A has made a list of 18 probable seats, which it will be sharing with the Mahayuti partners in a few days and expects to get at least 10 to 12 seats in the seat-sharing pact." He said the BJP, Shiv Sena and NCP should give four seats each from their quota for his party.

In Palghar earlier this week, Mr Athawale claimed that due to the inclusion of the Ajit Pawar-led NCP in the Mahayuti government, the RPI (A) did not get any ministerial berth in the state despite a promise.

He claimed that the party was promised cabinet positions, chairmanship of two corporations, and roles in district-level committees, but all this could not happen because of Pawar's inclusion.

The elections to 288 assembly seats in Maharashtra are likely to be held in November.

In the current assembly, the BJP is the single largest party with 103 MLAs, followed by Shiv Sena 40, NCP 41, Congress 40, Shiv Sena (UBT) 15, NCP (SP) 13 and others 29. Some seats are vacant. 

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