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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 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.
National award winning film ‘I Cannot Give You My Forest’ inspired by the issues of Niyamgiri Adivasis Nandan Saxena and Kavita Bahl’s film ‘I Cannot Give You My Forest’ is the story of Struggle for the survival of Adivasis in Niyamgiri. The film has won this year’s National award in the category of Best Environmental Film. The main theme of the film is an intimate poetic window into the lives of the Kondh, the original dwellers (Adivasis) of the forests of Niyamgiri in Odisha State. This film is about those peoples relationship with the forest. It highlights environmental issues and focus on struggle of tribals in day-today life. The Kondha are indigenous tribal groups of India. They live in Odisha, a state in eastern India. Their highest concentration is found in the blocks of Rayagada, Kashipur, Kalyansinghpur, Bissam cuttack and Muniguda. The Kondhas are believed to be from the Proto-Australoid ethnic group. Their native language is Kui, a Dravidian language written with the Oriya script. The Kondha are adept land dwellers exhibiting greater adaptability to the forest environment. However, due to development interventions in education, medical facilities, irrigation, plantation and so on, they are forced into the modern way of life in many ways. Their traditional life style, customary traits of economy political organization, norms, values and world view have been drastically changed over a long period. One sub-group of Kondhas is the Dongria Kondhas. They are called Dongria or dweller of donger and settle in higher altitudes due to their economic demands. They have a subsistence economy based on foraging, hunting & gathering but they now primarily depend on a subsistence agriculture i.e. shifting cultivation. The Dongrias commonly practice polygamy. By custom, marriage must cross clan boundaries (a form of incest taboo). The clan or “Puja” is exogamous, which means marriages are made outside the clan (yet still within the greater Dongoria population). The form of acquiring mate is often by capture or force or elopement. However, marriage by negotiation is also practiced. The Dongrias are great admirer of aesthetic romanticism. Their pantheon has both the common Hindu gods and their own. The gods and goddesses are always attributed to various natural phenomena, objects, trees, animals, etc. Vedanta Resources, a UK based mining company, is threatening the future of this tribe as their home the Niyamgiri Hill is rich in bauxite. The bauxite is also the reason there are so many perennial streams. The tribe’s plight is the subject of a Survival International short film narrated by actress Joanna Lumley. In 2010 India’s environment ministry ordered Vedanta Resources to halt a sixfold expansion of an aluminium refinery in Odisha. As part of its Demand Dignity campaign, in 2011 Amnesty International published a report concerning the rights of the Dongria Kondh. Vedanta has appealed against the ministerial decision, but the tribal leaders have promised to continue their struggle whatever the decision in a key hearing before India’s supreme court (in April 2012). In 2013 A three-member bench of the Supreme Court directed the village councils of Rayagada and Kalahandi to take a decision within three months on whether the project can go ahead after considering any claims of cultural, religious, community and individual rights that the forest dwellers of the region may have. The ruling linked the constitutional provision for the protection of Scheduled Tribes as enshrined in Article 224 with protection of religious rights under Articles 25 and 26 and the Forest Rights Act. After years of controversy and confusion, Vedanta’s project to mine bauxite on a forested hill considered sacred by an ancient tribe has been stopped by the Indian government.
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