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The Supreme Court laid down norms for state governments to select public prosecutors and government advocates and limited the earlier discretion they had to accommodate lawyer supporters of the ruling party. in choosing government lawyers, the state must look for competence and not appoint anyone with a criminal background. Though appointment of PPs and several layers of government advocates for district courts in Uttar Pradesh was in question, the judgment of Justices Vikramjit Sen and A M Sapre will have a salutary effect on other states too. The bench said, “It is beyond cavil that it is in the interest of the dispensation of criminal justice that competent counsel possessing integrity should alone be appointed, since otherwise, there is a strong miscarriage of justice. In choosing them, the state will not only have to be satisfied of their forensic competence, but also that they are bereft of any criminal antecedents.” It clarified that strict selection process to be appointed by states in choosing government lawyers did not mean there would be any security of tenure for them. Justice Sen said, “The state, like any other litigant, must have the freedom to appoint counsel in whom it reposes trust and confidence. The only expectation is that the choice made by the state should not be such as could defeat the sacred and onerous responsibility of ensuring that justice is meted out to all citizens.” Referring to an earlier judgment in Johri Mal case, the bench said the SC had categorically rejected the claim of a lawyer for continuous renewal of appointment as a government advocate. “We entirely agree with this exposition of law, ” the bench said. The bench agreed with the apex court’s Johri Mal judgment, in which it had said district counsel did not have a statutory right for renewal of tenure and the state government enjoyed discretionary power in this regard. State of Uttar Pradesh v. Johri Mal 2004 1. A distinction is to be borne in mind between appointment of a Public Prosecutor or Additional Public Prosecutor on the one hand, and Assistant Public Prosecutor, on the other. So far as Assistant Public Prosecutors are concerned, they are employees of the State. They hold Civil posts. They are answerable for their conduct to higher statutory authority. Their appointment is governed by the service rules framed by the respective State Government. 2. The appointment of the Public Prosecutors, on the other hand, is governed by the Code of Criminal Procedure and/or the executive instructions framed by the State governing the terms of their appointment. Proviso appended to Article 309 of the Constitution of India is not applicable in their case. Their appointment is a tenure appointment. Public Prosecutors, furthermore retain the character of legal practitioners for all intent and purport. They, of course, discharge public functions and certain statutory powers are also conferred upon them. Their duties and functions are onerous but the same would not mean that their conditions of appointment are governed by any statute or statutory rule. Article 309 of Constitution “Recruitment and conditions of service of persons serving the Union or a State”.
Sixth Schedule Government to set up National Tribal Advisory Council M_Id_441113_Tribals Government has decided to set up a National Tribal Advisory Council for effecting monitoring and implementation of various tribal welfare schemes. The council will be chaired by the Prime Minister and will meet once or twice in a year. There has been significant improvement in terms of infrastructure in education sector for tribals but the quality of education has not improved in the same way. Referring to the problems of sixth scheduled states of northeast, government decided to hold a regional conference for them in Guwahati. There is a need for more effective community participation for the success of various tribal welfare schemes. Background: The Fifth Schedule to the Constitution of India contains provisions concerning the administration and control of Scheduled Areas and Scheduled Tribes. Fifth Schedule Part B of paragraph 4 speaks about Tribes Advisory Council : If the President so directs, each State having Scheduled Areas and also any State having Scheduled Tribes but not Scheduled Areas, of a Tribes Advisory Council consisting of not more than twenty members of whom, as nearly as may be, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State. If the number of representatives of the Scheduled Tribes in the Legislative Assembly of the State is less than the number of seats in the Tribes Advisory Council to be filled by such representatives, the remaining seats shall be filled by other members of those tribes. The duty of the Tribes Advisory Council to advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor. It empowers the Governor to make rules prescribing or regulating, as the case may be, the number of members of the Council, the mode of their appointment and the appointment of the Chairman of the Council and of the officers and servants thereof; the conduct of its meetings and its procedure in general; and all other incidental matters. What are sixth schedule states? The Sixth Schedule to the Constitution of India contains provisions concerning the administration of tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram.
Government to set up National Tribal Advisory Council M_Id_441113_Tribals Government has decided to set up a National Tribal Advisory Council for effecting monitoring and implementation of various tribal welfare schemes. The council will be chaired by the Prime Minister and will meet once or twice in a year. There has been significant improvement in terms of infrastructure in education sector for tribals but the quality of education has not improved in the same way. Referring to the problems of sixth scheduled states of northeast, government decided to hold a regional conference for them in Guwahati. There is a need for more effective community participation for the success of various tribal welfare schemes. Background: The Fifth Schedule to the Constitution of India contains provisions concerning the administration and control of Scheduled Areas and Scheduled Tribes. Fifth Schedule Part B of paragraph 4 speaks about Tribes Advisory Council : If the President so directs, each State having Scheduled Areas and also any State having Scheduled Tribes but not Scheduled Areas, of a Tribes Advisory Council consisting of not more than twenty members of whom, as nearly as may be, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State. If the number of representatives of the Scheduled Tribes in the Legislative Assembly of the State is less than the number of seats in the Tribes Advisory Council to be filled by such representatives, the remaining seats shall be filled by other members of those tribes. The duty of the Tribes Advisory Council to advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor. It empowers the Governor to make rules prescribing or regulating, as the case may be, the number of members of the Council, the mode of their appointment and the appointment of the Chairman of the Council and of the officers and servants thereof; the conduct of its meetings and its procedure in general; and all other incidental matters. What are sixth schedule states? The Sixth Schedule to the Constitution of India contains provisions concerning the administration of tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram.
India successfully test fires Prithvi-II in Odisha ( Technology – GS Paper 3) India on Thursday successfully test-fired the surface to surface nuclear-capable Prithvi-II missile, which has a strike range of 350 km, as part of a user trial by the army. The missile test was carried out at the launch complex-3 of the Integrated Test Range (ITR) at Chandipur. Prithvi-II is capable of carrying 500 kg to 1, 000 kg of warheads. During the test, the trajectory of the missile, weighing 4, 600 kg, 8.56 meter in length and 1.1 meter in width, was tracked by radars, electro-optical tracking systems and telemetry stations located along the coast of Odisha. Prithvi II: Prithvi II class is also a single-stage liquid-fuelled missile having a maximum warhead mounting capability of 500 kg, but with an extended range of 250 km (160 mi). It was developed with the Indian Air Force being the primary user. It was first test-fired on January 27, 1996 and the development stages were completed in 2004. In a recent test, the missile was launched with an extended range of 350 km (220 mi) and had improved navigation due to an inertial navigation system. An inertial navigation system (INS) is a navigation aid that uses a computer, motion sensors (accelerometers) and rotation sensors (gyroscopes) to continuously calculate via dead reckoning the position, orientation, and velocity (direction and speed of movement) of a moving object without the need for external references. It is used on vehicles such as ships, aircraft, submarines, guided missiles, and spacecraft. The missile features measures to deceive anti-ballistic missiles. The missile was inducted into India’s Strategic Forces Command in 2003. It was the first missile developed under the IGMDP(Integrated Guided Missile Development Program). According to news sources the range is now increased to 350 km (220 mi) and the payload capacity now ranges between 500 – 1000 kg.
India re-elected as Member of International Maritime Council India has been re-elected unopposed to the Council of the International Maritime Organization [IMO] under Category “B” at the 29th session of the Assembly of the IMO held in London. The 29th Session of the IMO Assembly is being held at IMO Headquarters London . The International Maritime Organization [IMO] is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established in Geneva in 1948. Headquartered in London, United Kingdom, the IMO has 171 Member States and three Associate Members. The IMO’s primary purpose is to develop and maintain a comprehensive regulatory framework for shipping and its remit today includes safety, environmental concerns, legal matters, technical co-operation, maritime security and the efficiency of shipping. India’s overseas seaborne EXIM trade, which is presently about 600 million tonnes per annum, is expected to be quadrupled to about 2, 200 million tons by the year 2020. In value terms, the commensurate figures thereof are in the region of US$ 900 billion and US$ 2100 billion respectively. India ranks amongst the top twenty ship owning countries of the world in terms of Gross Tonnage as well as Deadweight. Gross tonnage (often abbreviated as GT, G.T. or gt) is a unitless index related to a ship’s overall internal volume. IMO is supported by a permanent secretariat of employees who are representative of the organization’s members. To become a member of the IMO, a state ratifies a multilateral treaty known as the Convention on the International Maritime Organization. As of 2015, there are 171 member states of the IMO, which includes 170 of the UN members and the Cook Islands. The first state to ratify the convention was the United Kingdom in 1949. The Organization consists of an Assembly, a Council and five main Committees: The Maritime Safety Committee; The Marine Environment Protection Committee; The Legal Committee; the Technical Co-operation Committee and the Facilitation Committee. A number of Sub-Committees support the work of the main technical committees. India has been one of the earliest members of the IMO, having ratified its Convention and joined it as a member-state in the year 1959. India has had the privilege of being elected to and serving the Council of the IMO, ever since it started functioning, and till date, except for two years for the period 1983-1984. IMO Council plays a crucial role to play in deciding various important matters within the mandate of the IMO, in relation to the global shipping industry, including its work program strategy and budget. The IMO Council consists of 40 member countries who are elected by the IMO Assembly. India has acceded to/ratified about 32 of the Conventions/Protocols adopted by the IMO and 6 of them are under consideration for the purpose, during the year 2015. India has also been playing a leading role in actively participating in and taking pro-active measures to counter threats from sea-borne piracy. It may also be recalled that vulnerable areas were defined as High Risk Area (HRA), characterized by piracy attacks and / or hijackings and in 2008, the HRA line in the Indian Ocean region was designated at 65 degrees East longitude which was quite far away from India’s West Coast. The issue of the restoration of the said HRA geographical coordinate from its existing position of 78 degrees East longitude to 65 degrees East longitude. This is one of the most significant triumphs for India in the maritime sector on the global stage, in the past several years now, vindicating India’s reasoned stance and persistently persuasive soft skills in the matter. This will result in huge savings for India’s EXIM trade and consumers on account of reduced insurance premium and consequently freight costs. It will improve safety of fishermen and fishing boats, and will also improve the security along India’s coastline.
ICFT-UNESCO Fellini award to be declared International Film Festival India (IFFI) 2015 in collaboration with the International Council for Film, Television and Audiovisual Communication (ICFT), Paris will present a special ICFT prize consisting of the UNESCO Fellini Medal, awarded to a film, which reflects the ideals promoted by UNESCO. Background: Five films have been shortlisted from the official selection of IFFI following the recommendations of the Film Preview Committee constituted by the Directorate of the Film Festivals. The broad guidelines for the selection of the films are: The film shall exhibit artistic excellence in screenplay, music, and filming technique. The film shall promote the common good, which is defined as a society in which persons and communities care for one another’s well-being. The film shall exhibit sensitivity to the human situation, promoting the dignity of all. The film shall cultivate a realistic hope of creative transformation. The film shall reflect the ideals of peace, love, tolerance, harmony, and friendship. The UNESCO Fellini Medal: When Italian film director Federico Fellini died in 1993, UNESCO’s Member States had just adopted a General Conference resolution calling for the safeguarding of the cinematographic heritage. An appeal was launched to the international community inviting governments, industry, and the public to participate in a campaign to keep the seventh art alive. Activities were also earmarked for UNESCO’s participation in the forthcoming cinema centenary celebrations in 1995. The Fellini medal, first unveiled at the Cannes Film Festival in May 1995, therefore had a double significance: to honour the director’s tremendous contribution to film as an art form and to commemorate the centenary of the birth of cinema (1895-1995). The medal’s design of fragmented, interlocking images is the work of Italian painter Valerio Adami. The obverse side features a profile of Fellini with his signature hat, facing the inscription 8 1/2, the title of one of the most famous films in the history of cinema. The reverse is inscribed Fellini (1920-1993) UNESCO. French sculptor Robert Michel created the model and the Paris Mint strike the medal. The Indian films that made it to the competition are- 1. Cinemawala – Bengali 2. Katyar Kaljat Ghusli – Marathi 3. Ain – Malayalam 4. Valiya Chirakulla Pakshikal – Malayalam
Smriti Irani inaugurates GIAN scheme at IIT-Gandhinagar India may not yet have managed to get the Ivy League to set up campus in India through the much-awaited Foreign Universities Bill but is close to drawing in over 200 academics from global varsities to teach in India at $8, 000- $12, 000. The Ivy League is a collegiate athletic conference comprising sports teams from eight private institutions of higher education in the Northeastern United States. The conference name is also commonly used to refer to those eight schools as a group. The eight institutions are Brown University, Columbia University, Cornell University, Dartmouth College, Harvard University, the University of Pennsylvania, Princeton University, and Yale University. The term Ivy League has connotations of academic excellence, selectivity in admissions, and social elitism. The Smriti Irani-led Union Human Resource Development ministry is learnt to have quietly come to an agreement with academics from across countries to teach more than 200 short term academic courses in Indian institutes starting this November through its new scheme — Global Initiative for Academics Network (GIAN). The first GIAN backed course by a foreign faculty is expected to start with NIT Surathkal this November. Prashant V Kamat, John A. Zahm Professor of Science at the University of Notre Dame in USA, it is learnt, is likely to take the first course to be launched under GIAN at the NIT, officials from the HRD ministry said on condition of anonymity. The Union Cabinet has approved a new program titled Global Initiative of Academic Networks (GIAN) in Higher Education aimed at tapping the talent pool of scientists and entrepreneurs, internationally to encourage their engagement with the institutes of Higher Education in India so as to augment the country’s existing academic resources, accelerate the pace of quality reform, and elevate India’s scientific and technological capacity to global excellence. A number of academics from Germany, USA, Canada, France and Australia have shown considerable interest in GIAN and academics from across top global varsities including MIT, Oxford University, Cambridge, Stanford University, University of Berkeley, Imperial College of London are queuing up, sources from across institutes said. Spain, Brazil, Finland, Japan, New Zealand, South Africa, Ireland, Russia, Norway, Singapore and Sweden are among other nations sending in academics to India. The Indian gov government had last year also engaged with Manjul Bhargava, R. Brandon Fradd Professor of Mathematics at Princeton University, to help pitch the GIAN scheme as a brand ambassador. MHRD Scheme on International Summer/Winter Term (ISWT) under GIAN: Objective: To arrange Guest Lectures by international renowned experts. (1) Long and Short Term Goals: To increase the footfalls of reputed international faculty in the Indian academic institutes. Provide opportunity to our faculty and students to learn and share knowledge and teaching skills in cutting edge areas. To create avenue for possible collaborative research. To increase participation and presence of international students in the academic Institutes. Opportunity for the students of different Institutes/Universities to interact and learn subjects in niche areas through collaborative learning process. Provide opportunity for the technical persons from Indian Industries to improve understandings and update their knowledge in relevant areas. Motivate the best international experts in the world to work on problems related to India. BUDGET OUTLINE Sl No. Description of budgetary head per Course Amount* (Rs) 1. International and National Expert Air Fare – 2, 00, 000/- 2. Honorarium to International, National and Host faculty – 2, 00, 000/- 3. Travel and Stay Support to some Participants – 75, 000/- 4. Local hospitality to International and National expert – 50, 000/- 5. Lecture Notes/video-learning material preparation – 50, 000/- Incidentally, a few IITs and IIMs had raised concerns about paying this huge a remuneration to the visiting faculty citing insufficiency of funds available with them. Some of the IIMs that do not take any financial support from the Centre had also argued heir inability to do so. The Centre is even pitching in with additional funds where institutes may have cited difficulty in paying the decided remuneration for the visiting faculty. IIT Madras is learnt to be leading the tally so far with over 25 courses expected to be taught by visiting foreign faculty.
International Court of Justice to hear South China Sea dispute Philippines filed the case in 2013 to seek a ruling on its right to exploit the South China Sea waters in its 200-nautical mile exclusive economic zone (EEZ) as allowed under the United Nations Convention on the Law of the Sea (UNCLOS). China claims sovereignty over almost the entire South China Sea, dismissing claims to parts of it from Vietnam, the Philippines, Taiwan, Malaysia and Brunei. _67616829_south_china-sea_1_464 Court of Arbitration rejected Beijing’s claim that the disputes were about territorial sovereignty and said additional hearings would be held to decide the merits of the Philippines’ arguments. China has boycotted the proceedings and rejects the court’s authority in the case. China, facing international legal scrutiny for the first time over its assertiveness in the South China Sea. What is exclusive economic zone (EEZ) and territorial sea ? An exclusive economic zone (EEZ) is a sea zone prescribed by the United Nations Convention on the Law of the Sea over which a special rights regarding the exploration and use of marine resources, including energy production from water and wind. It stretches from the baseline out to 200 nautical miles (nmi) from its coast. A territorial sea as defined by the 1982 United Nations Convention on the Law of the Sea, is a belt of coastal waters extending at most 12 nautical miles from the baseline (usually the mean low-water mark) of a coastal state. The territorial sea is regarded as the sovereign territory of the state. Foreign ships (both military and civilian) are allowed innocent passage through it. This sovereignty also extends to the airspace over and seabed below.
UN Warns Air Pollution in Asia Pacific Has Rising Cost The United Nations Report says : The rising level of air borne pollution in Asia is extracting greater social and economic costs leading to millions of people dying prematurely each year. Globally some 7 million people a year die prematurely due to indoor and outdoor pollution with about 70 per cent of those deaths in the Asia Pacific. From forest fires with their smoky haze over South East Asia, to China’s smog-filled mega cites, to rural homes in South Asia choked by inefficient stoves, scientists say in Asia there are rising health and social costs from air borne particle pollution. The costs from air pollution are rising for millions across the region, with hundreds of cities facing pollution levels exceeding World Health Organization (WHO) safety standards. We know that well over 200 cities in Asia exceed WHO guidelines on PM2.5 emissions. Millions of people living in them exceeding WHO guidelines which is directly linked with basically chronic health problems. Emission rates from household fuel combustion should not exceed the following targets (ERTs) for particles with aerodynamic diameters of less than 2.5 µm (PM2.5) and carbon monoxide (CO), based on the values for kitchen volume, air exchange and duration of device use per day set out in Table R1.1 and which are assumed to be representative of conditions in low- and middle-income countries. Scientists warn that without significant steps, the number of premature deaths from air borne pollution will double by 2050. In South Asia, from Bangladesh to India and Pakistan, the toll to human life has been directly linked to people using stoves that burn solid cooking fuels, like wood or dung. Indoor pollution is a major contributor to health problems that compares to the pollution faced by urban communities with traffic borne smog. it’s not just a kind of respiratory problem, but it’s also a cardiovascular problem. it’s not just young children’s and women’s problem but across all age groups — men and women — everybody’s impacted — it makes it the top most public health environment concern. In India alone some 3.5 million deaths a year are attributable to household air pollution. But she adds India’s economic growth and rising incomes has led to more families to seek alternatives to solid fuels, such as liquid petroleum gas. Atmospheric brown clouds (ABCs) over mega cities from Bangkok, Japan, China and throughout India, also extract serious costs to communities. China is reported to be increasing investment to curb severe pollution in major cities, both the capital and regionally. But U.N. scientists say more must be done than merely punishing polluters. They say the challenge lies in ensuring there is the political will to enforce existing environmental laws and cooperate on cross border problems such as smoke haze and other atmospheric pollution. Air pollution in India It is quite a serious issue with the major sources being fuelwood and biomass burning, fuel adulteration, vehicle emission and traffic congestion. In autumn and winter months, large scale crop residue burning in agriculture fields – a low cost alternative to mechanical tilling – is a major source of smoke, smog and particulate pollution. The National Green Tribunal directed Delhi and its neighbouring States Punjab, Haryana, Rajasthan and Uttar Pradesh to stop the age-old practice of straw burning recently. India has a low per capita emissions of greenhouse gases but the country as a whole is the third largest after China and the United States. A 2013 study on non-smokers has found that Indians have 30% lower lung function compared to Europeans. The Air (Prevention and Control of Pollution) Act was passed in 1981 to regulate air pollution and there have been some measurable improvements. However, the 2014 Environmental Performance Index ranked India 155 out of 178 countries.In which Air quailty is ranked 174 out of 178 countries.
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