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DAILY CURRENT AFFAIRS, 22 JULY 2023

ALL INDIA SERVICES (DEATH_CUM RETIREMENT BENEFITS) AMENDMENT RULES 2023

 
 
1. Context
The central government has amended rules relating to retirement benefits of IAS, IPS (Indian Police Service) and IFoS (Indian Forest Service) pensioners empowering itself to act against them and withhold or withdraw their pension even without a reference from the state government if they are found guilty of grave misconduct or are convicted of a serious crime
 
2. Key takeaways
  • Department of Personnel and Training (DoPT) says a ‘grave misconduct’ includes communication or disclosure of any document or information mentioned in the Official Secrets Act and a ‘serious crime’ includes any crime involving an offence under the Official Secrets Act
  •  An earlier rule 3(3) in the All India Services (Death-cum-Retirement Benefits) Rules, 1958, which stated that the Central government may withhold or withdraw pension or any part of it “on a reference from the State Government concerned, if after retirement a pensioner is convicted”. The amended rules have added “or otherwise” after “…the State Government concerned”
  • The Centre may not have to wait for a reference from the state government to act against a pensioner found guilty of grave misconduct or convicted of a serious crime by a Court
  •  If the state government concerned does not send such references in such cases, the central government may initiate a process of action.
  • The rationale behind this amendment was that sometimes state governments concerned do not send a reference for action against retired officials even after conviction by courts of law.
  • On applicability of the Centre’s rules related to deputation of All India Services officials also, the Central and West Bengal governments were at loggerheads two years ago and prior to that. Considering the nature of All India Services, the Central government is often helpless in taking action against such officers without a reference from state governments.
  • The amended rules reiterate that the decision of the Central Government on withholding or withdrawing the pension “shall be final”
  • A new rule states that no member of a service who has worked in any Intelligence or security-related organisation “shall, without prior clearance from the Head of such Organisation, make any publication after retirement of any material” relating to domain of the organisation, including any reference or information about any personnel and his designation, and expertise or knowledge gained by virtue of working in that organisation; and sensitive information
  • This means that expressing and writing in the media and writing books which disclose sensitive information will result in action against officials concerned
  • Officers who served with intelligence or security-related organisations will have to give an undertaking to abide by new rules and any failure to observe such an undertaking on the part of a retired member of services “shall be treated as grave misconduct.”
  • The undertaking states: “I shall not publish in any manner, while in service or after my retirement, any information or material or knowledge which is related to the domain of the organization and obtained by virtue of my working in the said Organization. This declaration is notwithstanding my responsibilities and liability, in terms of the relevant conduct rules, pension rules, laws dealing with offences relating to official secrets and Intelligence Organisations.”
 
Source: indianexpress

EXPORT PREPAREDNESS REPORT 2022

 
 
 
1. Context
Tamil Nadu has pipped Maharashtra and Gujarat to emerge as the top state among coastal states in the Niti Aayog’s Export Preparedness Index 2022.
 
2. Key takeaways
  • Tamil Nadu is followed by Maharashtra, Karnataka, Gujarat, Andhra Pradesh, Odisha, West Bengal and Kerala in that order in the ranking of coastal states, according to the government think tank’s report released on Monday.
  • Among hilly/Himalayan states, Uttarakhand has ranked at the top position. It is followed by Himachal Pradesh, Manipur, Tripura, Sikkim, Nagaland, Meghalaya, Arunachal Pradesh and Mizoram in that order.
  • Haryana topped the chart among the landlocked regions. It was followed by Telangana, Uttar Pradesh, Punjab, Madhya Pradesh and Rajasthan.
  • In the category of union territories/small states, Goa was ranked first. Jammu and Kashmir, Delhi, Andaman and Nicobar and Ladakh were ranked second, third, fourth and fifth, respectively.
  • The index can be used by the regions to benchmark their performance against their peers and analyse potential challenges to develop better policy mechanisms to foster export-led growth at the sub-national level. The ranking is based on four main pillars: policy, business ecosystem, export ecosystem and export performance.
  • The index is also aimed at promoting competition among all states (coastal, landlocked, Himalayan and UTs) to bring about favourable policies, ease the regulatory framework, create necessary infrastructure and assist in identifying strategic recommendations for improving export competitiveness.
3. Indicators

The Export Preparedness Index (EPI) 2022 is a comprehensive tool that measures the export preparedness of the States and Union Territories (UTs) in India. The index is based on 12 indicators, which are grouped into four pillars:

  • Export Ecosystem: This pillar measures the availability of infrastructure, logistics, and other support services that are essential for exports.
  • Export Competitiveness: This pillar measures the factors that make a state or UT competitive in the global export market, such as the quality of its products and services, its cost competitiveness, and its access to markets.
  • Export Readiness: This pillar measures the state or UT's ability to export, including its awareness of export opportunities, its access to finance, and its capacity to comply with export regulations.
  • District Export Hubs: This pillar measures the progress that states and UTs have made in developing their districts as export hubs.
 4. Rankings

The EPI 2022 ranks the states and UTs on a scale of 0 to 100, with a higher score indicating a higher level of export preparedness. The top five performers in the EPI 2022 are:

  1. Tamil Nadu (72.44)
  2. Maharashtra (71.93)
  3. Karnataka (71.52)
  4. Gujarat (70.89)
  5. Haryana (69.85)
5. Challenges

The EPI 2022 report also identifies some of the key challenges that states and UTs face in improving their export preparedness. These challenges include:

  • Lack of infrastructure: Many states and UTs lack the necessary infrastructure, such as roads, ports, and airports, to support exports.
  • High cost of doing business: The cost of doing business in India is relatively high, which makes it difficult for businesses to compete in the global export market.
  • Compliance with regulations: The compliance requirements for exports can be complex and time-consuming, which can discourage businesses from exporting.
  • Access to finance: Many businesses in India lack access to the finance they need to export.
6. Recommendations

The EPI 2022 report makes a number of recommendations for improving the export preparedness of states and UTs. These recommendations include:

  • Investing in infrastructure: States and UTs should invest in infrastructure that will support exports, such as roads, ports, and airports.
  • Reducing the cost of doing business: The government should take steps to reduce the cost of doing business in India, such as simplifying regulations and reducing taxes.
  • Encouraging compliance with regulations: The government should make it easier for businesses to comply with export regulations.
  • Providing access to finance: The government should provide more support to businesses in accessing finance for exports
7. Way forward
The EPI 2022 report is a valuable tool for states and UTs that are looking to improve their export preparedness. The report identifies the key challenges that states and UTs face in exporting and makes recommendations for how to overcome these challenges. The EPI 2022 can help states and UTs develop a roadmap for improving their export preparedness and achieving their export goals.
 
Source: indianexpress

ZERO FIR

 
1. Context
Just days before a Zero FIR was filed in connection to the May 4 incident, in which two Manipuri women were stripped and paraded in the state’s Thoubal district, another Zero FIR was filed at the same police station  pertaining to the alleged abduction, rape and murder of two Kuki-Zomi women. In this case also, it took the authorities more than a month to transfer the complaint to the relevant police station in Imphal East.
 
2.What is Zero FIR?

When a police station receives a complaint regarding an alleged offence that has been committed in the jurisdiction of another police station, it registers an FIR and then transfers it to the relevant police station for further investigation.

This is called a Zero FIR. No regular FIR number is given. After receiving the Zero FIR, the revenant police station registers a fresh FIR and starts the investigation.

3.History of Zero FIR

The provision of Zero FIR came up after the recommendation in the report of the Justice Verma Committee, which was constituted to suggest amendments to the Criminal Law in a bid to provide for faster trial and enhanced punishment for criminals accused of committing sexual assault against women, according to a 2020 circular released by the Puducherry government

 The committee was set up after the 2012 Nirbhaya gangrape case.

The provision says: “A Zero FIR can be filed in any Police Station by the victim, irrespective of their residence or the place of occurrence of crime"

4. Purpose of  Zero FIR

The objective of a Zero FIR is to ensure the victim doesn’t have to run from pillar to post to get a police complaint registered. The provision is meant to provide speedy redressal to the victim so that timely action can be taken after the filing of the FIR

 

5. First Information Report (FIR)

  • The term first information report (FIR) is not defined in the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), 1973, or in any other law, but in police regulations or rules, information recorded under Section 154 of CrPC is known as First Information Report (FIR).
  • Section 154 (“Information in cognizable cases”) says that “every information relating to the commission of a cognizable offence if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe”.
  • Also, a copy of the information as recorded shall be given forthwith, free of cost, to the informant.

6. Important elements of an FIR

In essence, then, there are three important elements of an FIR:
  • the information must relate to the commission of a cognizable offence,
  • it should be given in writing or orally to the head of the police station and,
  • it must be written down and signed by the informant, and its key points should be recorded in a daily diary. 

7. What is a cognizable offence?

  • A cognizable offence/case is one in which a police officer may, in accordance with the First Schedule of the CrPC, or under any other law for the time being in force, make an arrest without a warrant.
  • In the First Schedule, “the word ‘cognizable’ stands for a police officer may arrest without warrant’; and the word ‘non-cognizable’ stands for a police officer shall not arrest without warrant.” 

8. What is the difference between a complaint and an FIR?

  • The CrPC defines a “complaint” as “any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.”
  • However, an FIR is a document that has been prepared by the police after verifying the facts of the complaint. The FIR may contain details of the crime and the alleged criminal.
  • If, on the basis of a complaint, it appears that a cognizable offence has been committed, then an FIR under Section 154 CrPC will be registered, and police will open an investigation. If no offence is found, the police will close the inquiry.
  • In case of non-cognizable offences, an FIR under Section 155 CrPC, commonly called “NCR”, is registered, and the complainant will be asked to approach a court for an order. The court may then direct the police to conduct an investigation of the complaint.

9. What if the Police refuse to register an FIR?

  • Under Section 154(3) CrPC, if any person is aggrieved by the refusal on the part of the officer in charge of a police station to register an FIR, she can send the complaint to the Superintendent of Police/DCP concerned who, if satisfied that such information discloses the commission of a cognizable offence, will either investigate the case or direct an investigation by a subordinate police officer.
  • If no FIR is registered, the aggrieved persons can file a complaint under Section 156(3) CrPC before a concerned court which, if satisfied that a cognizable offence is made out from the complaint, will direct the police to register an FIR and conduct an investigation. 

10. What happens after an FIR is filed?

  • The police will investigate the case and will collect evidence in the form of statements of witnesses or other scientific materials.
  • They can arrest the alleged persons as per law.
    If there is sufficient evidence to corroborate the allegations of the complainant, then a chargesheet will be filed. Or else, a Final Report mentioning that no evidence was found will be filed in court.
  • If it is found that no offence has been committed, a cancellation report will be filed. If no trace of the accused persons is found, an ‘untraced’ report will be filed.
  • However, if the court does not agree with the investigation report, it can order further investigation.
 
 
Source: indianexpress

ADJOURNMENT MOTION

 
 
1. Context
As Opposition parties demanded a discussion on the alleged sexual assault of at least two women in Manipur, amid the ongoing ethnic violence in the state, the day two of the Monsoon Session of Parliament proceedings saw the Lok Sabha being adjourned on (July 21 2023).
 
2. Motions raised in Indian Parliament
In both the houses of Parliament, Lok Sabha and Rajya Sabha, there are ways for Members of Parliament to draw the attention of the house to any relevant issue. For this, there are various procedures given
There are four main procedures under which there could be a discussion in the Lok Sabha — a debate without voting under Rule 193, a motion (with a vote) under Rule 184, and an adjournment motion or a no-confidence motion
2.1. Rule 193-Short duration discussion
  • Short Duration Discussions can also take place in Lok Sabha under Rule 193 of its rules and in Rajya Sabha under Rule 176 of its rules
  • Under Rule 176 of the Rules of Procedure and Conduct of Business in Rajya Sabha, “If the Chairman is satisfied… that the matter is urgent and is of sufficient public importance to be raised in the Council at an early date, he may admit the notice and in consultation with the Leader of the Council fix the date on which such matter may be taken up for discussion and allow such time for discussion, not exceeding two and a half hours…”
2.2. Rule 184-a motion with a vote
  • If a motion on a matter of general public interest satisfies certain conditions, such as that it “shall not contain arguments, inferences, ironical expressions, imputations or defamatory statements”, “shall be restricted to a matter of recent occurrence”, and so on, then that motion can be admitted
  • Also, motions on a matter pending before any statutory authority (one established by law) or any commission or court of enquiry cannot be moved.
  • However, in Lok Sabha, the Speaker can allow for such a matter to be raised at his own discretion
  •  It must be concerned with the “procedure or subject or stage of enquiry” of an issue, and if the Speaker is satisfied that it is not likely to prejudice the consideration of such matter by the relevant authority that takes it up
  • The Speaker can then allot a time period for the discussion of any such motion
3. Adjournment motion
A motion for an adjournment of the business of the House is moved for discussing a “definite matter of urgent public importance”, with the Speaker’s consent.
The notice for this is to be given before 10 am on a given day to the Lok Sabha Secretary-General. This is not a provision available in the Rajya Sabha
Just like the motion with a vote, it should fulfill a list of criteria and can then be admitted.
4. Other important motions in Indian Parliament

In the Indian Parliament, several types of motions can be moved by Members of Parliament (MPs) to address various issues, discuss matters of public interest, and take legislative actions. Here are some of the common motions used in the Indian Parliament:

  1. No-Confidence Motion: A motion moved by MPs to express a lack of confidence in the Council of Ministers (the government). If the motion is passed by a majority vote, the government is obliged to resign.

  2. Confidence Motion: This motion is moved by the ruling party or coalition to demonstrate their majority support in the Parliament. If passed, it reinforces the government's mandate to continue in office.

  3. Adjournment Motion: A motion moved to adjourn the business of the House to discuss a definite matter of urgent public importance. It requires the support of at least 50 MPs to be accepted.

  4. Call Attention Motion: This motion allows MPs to call the attention of a Minister to a specific matter of public importance and seek a response from the government.

  5. Cut Motion: During the Budget session, MPs can move cut motions to reduce the amount of a demand or a particular cut in government expenditure.

  6. Motion of Thanks: It is moved after the President's address to Parliament or the Governor's address to the state legislature. MPs express their gratitude for the address and discuss the policies and programs of the government.

  7. Motion for Grant: It is moved during the Budget session to approve the allocation of funds for various government expenditures.

  8. Privilege Motion: MPs can move a privilege motion to claim a breach of privilege or contempt of the House by a person or authority.

  9. Substantive Motion: It raises a specific issue for discussion and decision in the House.

  10. Token Cut Motion: This motion does not seek to actually reduce the amount of a demand but is used as a means of registering protest or drawing attention to an issue.

  11. Motion of Censure: A motion moved to express strong disapproval of the government's actions or policies.

  12. Motion to Amend: This motion seeks to amend a certain aspect of a bill or a resolution.

5. Way forward
These motions play a crucial role in shaping parliamentary proceedings, initiating debates, and providing a platform for MPs to voice their concerns and opinions on various matters affecting the nation.
 
Source: Indianexpress
 

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