What exactly is a money bill? Why we need to reconsider the Aadhaar Act, with all it simplications for privacy. Initiated by Jairam Ramesh, a Member of Parliament in the Rajya Sabha. Supreme Court final arguments next month on a writ petition challenging the validity of the Aadhaar (Targeted Delivery of Financial & Other Subsidies, Benefis & Services) Act, 2016 or the Aadhaar Act. Through this categorisation, the government had the law enacted by securing a simple majority in the Lok Sabha while rendering redundant any opposition to the legislation in the Upper House of Parliament. [Q-Nominated-RS+LS-?] Imperils(स कट म ड लन ) liberties During preliminary hearings, the Supreme Court has suggested that it isn t entirely convinced of the merits of Mr. Ramesh s petition. But a closer examination will only show that the introduction of the Aadhaar Act as a money bill contravenes(उल ल घन) the bare text of the Constitution.
Originally, Aadhaar 1)-To provide to every Indian a unique identity number, 2)-To enabling a fair and equitable distribution of benefits and subsidies. Scheme s introduction, with no prior legislative backing, was a flagrant(immoral) wrong, and was completely unjustifible as a measure of democratic governance. For this Mr. Ramesh s party, the Congress, must take full responsibility. But, when a draft of a statute was eventually introduced in the Rajya Sabha, in December 2010, it was done so as an ordinary bill. Draft legislation contained serious misgivings- 1)-Particularly its treatment of concerns over privacy and protection of data security. 2)-Implemented even without statutory support In these cases, the court issued a series of interim orders prohibiting the state from making Aadhaar mandatory
A money bill is defied by Article 110 of the Constitution, These comprise a set of features 1)-Imposition or regulation of a tax; 2)-The regulation of the borrowing of money by the Government of India; 3)-The withdrawal of money from the Consolidated Fund of India; Specifially outlined, such a draft law cannot be classified as a money bill. The Speaker Lok Sabha certifies if a Finance bill is a Money Bill or not. A money bill can only be introduced in parliament- prior permission by the President of India. Article 110 further clarifies that in cases where a dispute arises over whether a bill is a money bill or not, the Lok Sabha Speaker s decision on the issue shall be considered final. The government s response to Mr. Ramesh Two prongs: 1)-that the Speaker s decision to classify a draft legislation as a money bill is immune from judicial review, 2)-and that, in any event, the Aadhaar Bill fulfiled all the constitutional requirements of a money bill.
A careful examination of these arguments -the government is wrong on both counts. Speaker s decision is beyond judicial review finds support in the Supreme Court s judgment in Mohd. Saeed Siddiqui v. State of UP (2014). Constitution Bench in Raja Ram Pal v. Hon ble Speaker, Lok Sabha (2007), Although article 110 (3) of the Indian constitution states that the decision of the speaker of the Lok Sabha shall be final in case a question arises regarding whether a bill is a money bill or not, this does not restrict the Supreme Court from entertaining and hearing a petition contesting the speaker s decision. As the Aadhaar Act was introduced in the Lok Sabha as a money bill even though it does not meet the necessary criteria for such a classification, this treatment of the bill may be considered as an instance of procedural irregularity. Conclusion- A mockery of our democracy- It is imperative, therefore, that the court refers the present controversy to a larger bench
What is Aadhaar 1. Aadhaar is an individual identification number issued by the Unique Identification Authority of India (UIDAI) on behalf of the Government of India to individuals for the purpose of establishing the unique identity of every single person. 2. Proof of identity and address anywhere in India. 3. The objective of the project is to collect biometric (photograph, iris-scan, fingerprints) and demographic data of residents (residence address information), store them in a centralised database, and issue a 12-digit unique identity number called Aadhaar to each resident. 4. Any age (including children) for the purpose of establishing identities. 5. Each member of the family needs to have a separate one. 6. Only one unique Aadhaar number and not multiple unique ID numbers. 7. Aadhaar number will be valid for the full life 8. A person can get his/her Aadhaar number free of cost. 9. The Aadhaar number can be used while opening a bank account, applying for passport, booking e-tickets and many other places where there is a need to establish identity.
Q-Critically evaluate Bangladesh s cooperation with India in dealing with water, china, & terrorism issue.
Ways of sharing -India & Bangladesh India s decision to allow its border roads in Mizoram and Tripura to be used by Bangladeshi forces as they construct border outposts in the inhospitable terrain of the Chittagong Hill Tracts shows just how far the two countries have come to bridging their trust deficit. Land Boundary Agreement was originally announced- The terms of that agreement have now been fully implemented. Ms. Hasina s visit will build on the boost that relations received from the historic agreement that was signed in 2015 during Prime Minister Narendra Modi s visit to Dhaka. There is speculation about a 1)-Defence partnership agreement, 2)-Movement on the Teesta water-sharing agreement, 3)-The Ganga water barrage project, and other energy and connectivity projects- win-win for both neighbours. Teesta water-sharing has been held up largely because of West Bengal s reservations. To address them, the Central government needs to reach out to Chief Minister Mamata Banerjee. Similarly Bihar Chief Minister Nitish Kumar has raked up the Farakka Barrage project.
Problems For Ms. Hasina, the political worries are greater. She faces an election in 2018, and with the opposition accusing her of being soft on India, She cannot be seen to be returning home empty-handed on the water question. Also, while the border issue has been resolved, border firing has not ceased, an issue Ms. Hasina s rivals use to target her. Meanwhile, she faces the task of addressing India s mistrust over Chinese investment in Bangladesh, with $38 billion pledged in infrastructure cooperation and joint ventures during President Xi Jinping s visit last year. Yet, Dhaka may need to be more aware of India s anxiety as Bangladesh and other neighbours become more heavily invested in China s One Belt One Road project.
Protecting the rights of tribals Recently, Ras Al Khaimah Investment Authority (RAKIA), an Emirati investor, initiated an investment treaty arbitration (ITA) claim against India under the India-UAE Bilateral Investment Treaty (BIT), seeking compensation of $44.71 million. This claim arose after a memorandum of understanding (MoU) between Andhra Pradesh and RAKIA to supply bauxite to Anrak Aluminum Limited, in which RAKIA has 13% shareholding, was cancelled, allegedly due to the concerns of the tribal population in those areas. Similarly, in 2014, Bear Creek Mining Corporation initiated an ITA against Peru under the investment chapter of the Canada-Peru Free Trade Agreement, claiming violation of the investment obligations due to the withdrawal of mining concessions, allegedly as a result of the protests by indigenous peoples. These cases present an opportunity to evaluate the impact of the obligations of the host states under BITs on the rights of the tribal people.
Protection under law The United Nations Declaration on the Rights of Indigenous People (UNDRIP), adopted in 2007, for which India voted, recognises among other things indigenous peoples rights 1)-To self-determination, 2)-Autonomy or self-governance, 3)-And their right against forcible displacement and relocation from their lands or territories without free, 4)-Prior and informed consent. In addition to the UNDRIP, there is the International Labour Organisation (ILO) Convention concerning Indigenous and Tribal Peoples, 1989 which is based on 1)- Respect for the cultures and ways of life of indigenous peoples and 2)-Recognises their right to land and natural resources and to define their own priorities for development. India is not a party to this, but it is a party to the ILO Convention concerning the Protection and Integration of Indigenous and Other Tribal and Semi-Tribal Populations in Independent Countries, 1957 which is outdated and closed for ratification.
At the domestic level, the Constitution provides autonomy to tribal areas in matters of governance under the Fifth and Sixth Schedules, Which is further fortified by the Samatha v. State of Andhra Pradesh & Ors (1997) judgment where the Supreme Court declared that the transfer of tribal land to private parties for mining was null and void under the Fifth Schedule. The framework for protection of the rights of tribal and indigenous people is further strengthened by the Recognition of Forest Rights Act, 2006 which protects the individual and community rights of tribal people in forest areas and their right to free and prior informed consent in event of their displacement and resettlement. The Xaxa Committee report of 2014- regularly flouted - Instead of ensuring that tribals are not ousted from the land to which they are historically and culturally connected, the state becomes more concerned about fulfilling contractual obligations towards the private investor. This means that constitutional and legal principles are discarded.
Conflicting interests A recent report of the UN Special Rapporteur on the Rights of Indigenous Peoples recognises three main reasons for the serious impact that foreign investments have on the rights of indigenous people: 1)- Failure to adequately address human rights issues of tribal people in BITs; 2)-The perceived threat of ITA for enforcement of investor protection; 3)-And exclusion of indigenous people from the policymaking process. What then are the possible options available to India to tackle these issues? First, none of the 80-plus BITs signed by India contains provision on the rights of tribals. Thus, to avoid ITA cases by foreign investors, the government s approach should be to include provisions relating to the protection of indigenous people in BITs. Second, the strengthening of BITs must go hand in hand with the implementation of domestic legislations for the protection of the rights of tribals, where the state does not consider tribals as impediments in the development process. Third, as far as possible, tribal people should be given representation even in investment policymaking.
Joint Session() of Indian Parliament.... The joint sitting of the Parliament is called by the President and is presided over by the Speaker or, in his absence, by the Deputy Speaker of the Lok Sabha or in his absence, the Deputy-Chairman of the Rajya Sabha. As per Article 108 of Constitution, a Joint session of Parliament. The constitution of India borrows the idea of providing the speaker with the authority to certify a bill as money bill from British law. The Parliament has a sanctioned strength of 545 in Lok Sabha including the 2 nominees from the Anglo-Indian Community by the President and 245 in Rajya Sabha including the 12 nominees from the expertise of different fields of science, culture, art and history. The Parliament meets at Sansad Bhavan in New Delhi. It currently has a sanctioned strength of 245 members, of which 233 are elected from States and Union Territories and 12 are nominated by the President.