Parliamentary Standing Committee recommended Entitlement of Food for 67 percent Population

The Parliamentary Standing Committee on Food and Consumer Affairs in January 2013 suggested the entitlement of the food under the National Food Security Act to the 67 percent population leaving behind the 33 percent people who are tax-payers and have pucca houses of their own. 

The Priority (BPL-below poverty line) and general (APL-above poverty line) are to be replaced with the exclusion and inclusion categories. The beneficiaries would be identified by the state government for the public distribution system of the subsidized rice and wheat. 

As per the plans of the standing committee the Union Government would be distributing the subsidized food grains to the 67 percent population that includes 75 percent rural and 50 percent urban population. 

This act was sent to the Parliamentary Panel for its reference in December 2011 after it was tabled in the Lok Sabha and was followed by the demands of the Food Security Bill. 

Parliamentary Committees 

The Parliamentary committees are constituted to take care of the legislative businesses of the Parliament and it comprises of several committees. 

Among these the two main committees are: 

•    The Ad hoc Committee 
•    The Standing Committee 

Ad hoc Committee – these are appointed for specific purpose and they are dissolved after the task assigned to them is completed and the final report is submitted. These committees are the joint and select committees over the Bills and are appointed for specific purposes like Committees on the Draft Five Year Plans, Railway Convention Committee, Hindi Equivalents Committee and more. 

The Standing Committee – Each house of the Indian Parliament are supported by standing committees, which includes the Committee on Petitions, the Business Advisory Committee, the Rules Committee, the Committee of Privileges and more.

Khap Panchayats’ Diktat on Dress Code for Women Unlawful

The Supreme Court of India on 14 January 2013 ruled that Khap Panchayats' diktat on dress code for women and asking them not to carry mobile is unlawful. A bench of justices Aftab Alam and Ranjana Prakash Desai ruled that such diktats are against the fundamental right to life and asked Khap Panchayats, which are caste-based councils, to file their replies on the issue. Right to life is guaranteed to all the citizens of India under Article 21 of the Constitution of India.  

Article 21 in the Constitution of India 1949
Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.

Chairman of the 20th Law Commission Appointed

Justice D. K. Jain, Judge, Supreme Court of India, will be the Chairman of the Twentieth Law Commission of India. According to the Notification issued here today, the appointment of Justice Jain will be effective from any day after 24^th January 2013 on his retirement from the Supreme Court.       

The Twentieth Law Commission was constituted through a Government Order with effect from 1^st September, 2012. It has a three-year term ending on 31^st August, 2015.

The Terms of Reference of the Twentieth Law Commission include the following:

A.  Review/Repeal of obsolete laws: i).    Identify laws which are no longer needed or relevant and can be immediately repealed; Ii) Identify laws which are not in harmony with the existing climate of economic liberalization and need change; iii) Identify laws which otherwise require changes or amendments and to make suggestions for their amendment; iv) Consider in a wider perspective the suggestions for revision/ amendment given by Expert Groups in various Ministries/Departments with a view to coordinating and harmonizing them; v) Consider references made to it by Ministries/ Departments in respect of legislation having bearing on the working of more than one Ministry/Department; vi) Suggest suitable measures for quick redressal of citizens grievances, in the field of law.

    B. Law and Poverty: i)   Examine the Laws which affect the poor and carry out post-audit for socio-economic legislations; ii)  Take all such measures as may be necessary to harness law and the legal process in the service of the poor. 

C. Keep under review the system of judicial administration to ensure that it is responsive to the reasonable demands of the times and in particular to secure: i) Elimination of delays, speedy clearance of arrears and reduction in costs so as to secure quick and economical disposal of cases without affecting the cardinal principle that decision should be just and fair; ii)  Simplification of procedure to reduce and eliminate technicalities and devices for delay so that it operates not as an end in itself but as a means of achieving justice; iii)  Improvement of standards of all concerned with the administration of justice.

D.  Examine the existing laws in the light of Directive Principles of State Policy and to suggest ways of improvement and reform and also to suggest such legislations as might be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble to the Constitution.

E.  Examine the existing laws with a view for promoting gender equality and suggesting amendments thereto. 

F.  Revise the Central Acts of general importance so as to simplify them and to remove anomalies, ambiguities and inequities. 

G. Recommend to the Government measure for making the statute book up-to-date by repealing obsolete laws and enactments or parts thereof which have outlived their utility.

H. Consider and to convey to the Government its views on any subject relating to law and judicial administration that may be specifically referred to it by the Government through Ministry of Law and Justice.

Lok Sabha has cleared status to backward areas in Hyderabad-Karnataka

Lok Sabha has cleared a Constitution amendment bill that will grant special status to six backward districts in the Hyderabad-Karnataka region, with provision for reservation in education and jobs for locals.
 

The Constitution (118th Amendment) Bill, 2012 to insert a new Article 371-J to provide special recognition for the six backward districts of North Karnataka -- Gulbarga, Yadgir, Raichur, Bidar, Koppal and Bellary -- was passed unanimously on December 18.

The bill was passed with overwhelming majority as all the members present voted in favour. The bill, which required two-third majority, got 347 votes and none against.

The bill provides for establishment of a separate Development Board and equitable allocation of funds for development of the region.

Besides, it would provide quota in public employment through constitution of local cadres and reservation in education and vocational training institutions for those who belong to the region by birth or by domicile.

The demand for a special status has been long pending. The Karnataka Assembly and Legislative Council had passed resolutions in 2010 for making special provisions for this area.

Rajya Sabha passes 117th Constitutional Amendment bill

The Rajya Sabha on December 17 gave its nod to the 117th Constitution Amendment Bill providing reservation to Scheduled Castes and Scheuduled Tribes in promotions in govt jobs.  

Rajya Sabha passed the bill with overwhelming majority with the amendments moved by Minister of State in Prime Minister's Office V Narayanasamy.
206 members voted in favour of the bill while ten members voted against it. The Bill required two-third majority.
The bill provides for amendments to Article 16(4) of the Constitution that will allow states to reserve seats in promotion for SCs, STs without collecting data to show the backwardness of class and the inadequacy of that class in public appointments.
Government earlier said that the officers belonging to general category need not worry from the proposed constitution amendment bill as it will not affect their promotion avenues.

National Commission for Scheduled Tribes

The National Commission for the Scheduled Tribes (NCST) has informed that Clause (5) of Article 338 A of the Constitution vests with the NCST the duty to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes, to inquire into specific complaints with respect to deprivation of rights and safeguards and to participate and advise in the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development. Accordingly, the recommendations of the Commission are of two types. One relating to violation of rights and safeguards and the other relating to socio-economic development of Scheduled Tribes. Wherever, the recommendations of the NCST highlight violation of the Constitutional rights and safeguards provided for the Scheduled Tribes, the Authority concerned is mandated to rectify the violation by accepting the recommendation of the NCST. As regards recommendation relating to development issues and change of existing policy or evolving a new policy relating to Scheduled Tribes, such recommendation has to be examined and considered as per laid down procedure.

Utilisation of Power of Gram Panchayats in UP

As per Article 243G of the Constitution, the Legislature of a State may, by law, endow Panchayats with such powers and authority as may be necessary to enable them function as institutions of self-government and for preparation of  plans and implementation of schemes for economic development and social justice including 29 matters listed in the Eleventh Schedule. As per Article 243A, a Gram Sabha may exercise such power and perform such functions as the legislature of a State may, by law, provide.  States vary in the extent to which they have devolved powers to the Panchayats and Gram Sabhas.   The status of devolution of funds, functions and functionaries to Panchayats by States is at Annexure.  Ministry of PanchayatiRaj (MoPR) has continuously urged all States, including Government of Uttar Pradesh, to devolve powers to the Panchayats in accordance with the constitutional stipulation. 

Reservation in Promotion

The Supreme Court in the matter of M. Nagaraj case, while upholding validity of the Constitution amendments regarding reservation in promotion to the Scheduled Castes and Scheduled Tribes, has laid down certain pre-requisite conditions for providing reservation in promotion to SCs and STs, namely the State has to see about inadequacy of representation, backwardness of the class and efficiency of administration. To overcome these pre-requisite conditions, the Government proposed to introduce a bill to amend the Constitution. Opinion of the Attorney General of India was sought on the proposed bill and he had not opined that the Bill on the Constitutional amendment for reservation of Scheduled Castes/Scheduled Tribes in promotion in the Government jobs was erroneous.

The Bill aims to amend Article 16(4A) so as to continue with existing provisions of reservation in promotion to the Scheduled Castes and Scheduled Tribes, without any impediment.