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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.
Mark Zuckerberg affirms net neutrality but backs zero-rating plans in his internet.org at his visit to India Facebook founder Mark Zuckerberg said his company is committed to net neutrality but supported zero-rating plans which have been criticised by many as violative of the principles of free Internet. Internet.org is a partnership between social networking services company Facebook and six companies (Samsung, Ericsson, MediaTek, Opera Software, Nokia and Qualcomm) that plans to bring affordable access to selected Internet services to less developed countries by increasing efficiency, and facilitating the development of new business models around the provision of Internet access. critics: It has been criticized for violating net neutrality and favoring Facebook’s own services over its rivals. Internet.org as “being just a Facebook proxy targeting India’s poor” as it provides restricted Internet access to Reliance Telecom’s subscribers in India. In May 2015, Facebook announced that the Internet.org Platform would be opened to websites that met its criteria. Facebook Zero, is an initiative by Facebook to improve Internet access for people around the world. What is Net Neutrality? Net neutrality is the principle that Internet service providers and governments should treat all data on the Internet the same, not discriminating or charging differentially by user, content, site, platform, application, type of attached equipment, or mode of communication. The term was coined by Columbia University media law professor Tim Wu in 2003. How did net neutrality shape the internet? 1. web users are free to connect to whatever website or service they want. ISPs do not bother with what kind of content is flowing from their servers. This has allowed the internet to grow into a truly global network and has allowed people to freely express themselves. 2.To start a website, you don’t need lot of money or connections. Just host your website and you are good to go. If your service is good, it will find favour with web users. This has led to creation Google, Facebook, Twitter and countless other services. They succeeded because net neutrality allowed web users to access these websites in an easy and unhindered way. What will happen if there is no net neutrality? If there is no net neutrality, ISPs will have the power to shape internet traffic so that they can derive extra benefit from it. For example, several ISPs believe that they should be allowed to charge companies for services like YouTube and Netflix because these services consume more bandwidth compared to a normal website. Basically, these ISPs want a share in the money that YouTube or Netflix make. Without net neutrality, the internet as we know it will not exist. Instead of free access, there could be “package plans” for consumers. Lack of net neutrality, will also spell doom for innovation on the web. It is possible that ISPs will charge web companies to enable faster access to their websites. Those who don’t pay may see that their websites will open slowly. This means bigger companies like Google will be able to pay more to make access to Youtube or Google+ faster for web users but a startup that wants to create a different and better video hosting site may not be able to do that. Instead of an open and free internet, without net neutrality we are likely to get a web that has silos in it and to enter each silo, you will have to pay some “tax” to ISPs. What is the state of net neutrality in India? Legally, the concept of net neutrality doesn’t exist in India. TRAI(Telecom Regulatory Authority of India), which regulates the telecom industry, has tried to come up with some rules regarding net neutrality several times.But no formal rules have been formed to uphold and enforce net neutrality. However, despite lack of formal rules, ISPs in India mostly adhere to the principal of net neutrality. There have been some incidents where Indian ISPs have ignored net neutrality but these are few and far between. (courtesy:Business standard, Times of India) Leave a Reply You must be logged in to post a comment.
Trai Mark Zuckerberg affirms net neutrality but backs zero-rating plans in his internet.org at his visit to India Facebook founder Mark Zuckerberg said his company is committed to net neutrality but supported zero-rating plans which have been criticised by many as violative of the principles of free Internet. Internet.org is a partnership between social networking services company Facebook and six companies (Samsung, Ericsson, MediaTek, Opera Software, Nokia and Qualcomm) that plans to bring affordable access to selected Internet services to less developed countries by increasing efficiency, and facilitating the development of new business models around the provision of Internet access. critics: It has been criticized for violating net neutrality and favoring Facebook’s own services over its rivals. Internet.org as “being just a Facebook proxy targeting India’s poor” as it provides restricted Internet access to Reliance Telecom’s subscribers in India. In May 2015, Facebook announced that the Internet.org Platform would be opened to websites that met its criteria. Facebook Zero, is an initiative by Facebook to improve Internet access for people around the world. What is Net Neutrality? Net neutrality is the principle that Internet service providers and governments should treat all data on the Internet the same, not discriminating or charging differentially by user, content, site, platform, application, type of attached equipment, or mode of communication. The term was coined by Columbia University media law professor Tim Wu in 2003. How did net neutrality shape the internet? 1. web users are free to connect to whatever website or service they want. ISPs do not bother with what kind of content is flowing from their servers. This has allowed the internet to grow into a truly global network and has allowed people to freely express themselves. 2.To start a website, you don’t need lot of money or connections. Just host your website and you are good to go. If your service is good, it will find favour with web users. This has led to creation Google, Facebook, Twitter and countless other services. They succeeded because net neutrality allowed web users to access these websites in an easy and unhindered way. What will happen if there is no net neutrality? If there is no net neutrality, ISPs will have the power to shape internet traffic so that they can derive extra benefit from it. For example, several ISPs believe that they should be allowed to charge companies for services like YouTube and Netflix because these services consume more bandwidth compared to a normal website. Basically, these ISPs want a share in the money that YouTube or Netflix make. Without net neutrality, the internet as we know it will not exist. Instead of free access, there could be “package plans” for consumers. Lack of net neutrality, will also spell doom for innovation on the web. It is possible that ISPs will charge web companies to enable faster access to their websites. Those who don’t pay may see that their websites will open slowly. This means bigger companies like Google will be able to pay more to make access to Youtube or Google+ faster for web users but a startup that wants to create a different and better video hosting site may not be able to do that. Instead of an open and free internet, without net neutrality we are likely to get a web that has silos in it and to enter each silo, you will have to pay some “tax” to ISPs. What is the state of net neutrality in India? Legally, the concept of net neutrality doesn’t exist in India. TRAI(Telecom Regulatory Authority of India), which regulates the telecom industry, has tried to come up with some rules regarding net neutrality several times.But no formal rules have been formed to uphold and enforce net neutrality. However, despite lack of formal rules, ISPs in India mostly adhere to the principal of net neutrality. There have been some incidents where Indian ISPs have ignored net neutrality but these are few and far between. (courtesy:Business standard, Times of India) Leave a Reply You must be logged in to post a comment.
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