Polity News

Polity

1. At least seven of the 29 MLAs belonging to the Desiya Murpokku Dravida Kazhagam (DMDK), led by actor-politician Vijayakant, might cross vote in favour of the AIADMK-backed nominees in the June 29 poll for Rajya Sabha from Tamil Nadu, Election Commission sources said even if they do so the action would not attract disqualification under the 10 Schedule of the Constitution of India (Article 102 (2) and 191 (2).Political parties can issue instructions but it is left to political organisations to take action as they deem fit if an MLA defies the party‘s order.


2. The Supreme Court’s categorical ruling that any compromise between victim and perpetrator in a rape case cannot be grounds for awarding a lesser prison term is a timely restatement of a salutary principle in sentencing policy. It is a reminder of the basic principle that punishment must be proportional to the gravity of the offence, and that there is no room for extraneous factors, much less something as invidious as a compromise, invariably arrived at under pressure.


3. Reprieve for RTI as bill to insulate parties is deferred .The government has decided to refer the RTI [Amendment] Bill, 2013, to the standing committee of Parliament because the order passed by the Central Information Commission bringing political parties within the purview of ‘public authority’ under the RTI Act needs elaborate study.The Bill, introduced in the Lok Sabha on August 13, seeks to insert an explanation in Section 2 of the RTI Act regarding public authority. It states, “Authority or body or institution of self-government established or constituted by any law made by Parliament shall not include any association or body of individuals registered or recognised as a political party under the Representation of the People Act, 1951.”The Bill has a new Section 31 in the principal Act which says the amendment will apply “notwithstanding anything contained in any judgment, decree or order of any court or commission..,” and will prevail over “any other law for the time being in force.”


4. Negating a Supreme Court order, Parliament on Friday passed a bill that maintains the right of those in jail to contest polls.SC accepted to review the ruling to banned person from contesting election if in custody.The Representation of the People (Amendment and Validation) Bill, 2013 was rushed through in the Lok Sabha and passed .The Bill was passed by Rajya Sabha on August 27. The Amendment Bill seeks to add a proviso to sub-section (2) of section 62 of the RP Act to state that a person cannot cease to be a voter while in detention as his or her right is only temporarily suspended.One of the amendments states that as the name of the jailed person continues to be on the electoral rolls, he or she also continues to be an elector and can file nomination for an election.
5. In a landmark verdict aimed at insulating bureaucrats from political interference, the Supreme Court ordered fixed tenure for them and the setting up of a board to advise governments on transfers, postings, promotions and disciplinary action. These matters should be handled by a Civil Services Board (CSB). The promotions-transfers board would continue to function till the time Parliament brings in a proper legislation to set up the CSB. However, the political executive could overrule the board’s views by recording reasons 
6. Gauhati HC mark CBI as unconstitutional .More  >>