What’s in today’s article?

• Why in news?
• Disqualification of MPs/MLAs
• What are the legal provisions regarding the disqualification of MPs/MLAs?
• What does the RPA say?
• How does the disqualification operate?
• How does an appeal against the conviction impact disqualification?
• Background of the present case:
• News Summary: Rahul Gandhi’s MP status restored
• What are the perks that will be restored for Rahul?

 

Why in news?

• Congress leader Rahul Gandhi, whose conviction in a defamation case over remarks on the Modi surname was stayed by the Supreme Court, returned to the Lok Sabha.
• The Lok Sabha Secretariat has notified the restoration of Rahul’s membership. 

 

Disqualification of MPs/MLAs

What are the legal provisions regarding the disqualification of MPs/MLAs?

• Disqualification of a lawmaker is prescribed in three situations.
  • First is through the Articles 102(1) and 191(1) for disqualification of a member of Parliament and a member of the Legislative Assembly respectively.
    • The grounds here include holding an office of profit, being of unsound mind or insolvent or not having valid citizenship.
  • The second prescription of disqualification is in the Tenth Schedule of the Constitution.
    • This provides for the disqualification of the members on grounds of defection.
  • The third prescription is under The Representation of The People Act (RPA), 1951.
    • This law provides for disqualification for conviction in criminal cases.

 

What does the RPA say?

• There are several provisions that deal with disqualification under the RPA.
  • Section 8 of the RPA deals with disqualification for conviction of offences.
    • Section 8(1A) of the act includes specific offences such as promoting enmity between two groups, bribery, and undue influence or personation at an election.
    • Section 8(2A) lists offences that deal with hoarding or profiteering, adulteration of food or drugs and for conviction and sentence of at least six months for an offence under any provisions of the Dowry Prohibition Act.
    • Section 8(3A) disqualifies a convicted person who has been sentenced to imprisonment for not less than two years.
      • He is disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.
  • Section 9 deals with disqualification for dismissal for corruption or disloyalty, and for entering into government contracts while being a lawmaker.
    • Section 9(A): Disqualification for Government contracts, etc.
  • Section 10: Disqualification for office under Government company.
    • Section 10(A). Disqualification for failure to lodge account of election expenses.
  • Section 11: Removal or reduction of period of disqualification.
    • Section 11(A): Disqualification arising out of conviction and corrupt practices.
    • Section 11(B): Removal of disqualifications.

 

How does the disqualification operate?

• The disqualification can be reversed if a higher court grants a stay on the conviction or decides the appeal in favour of the convicted lawmaker.
• In 2018, in ‘Lok Prahari v Union of India’ case, the SC clarified that the disqualification will not operate from the date of the stay of conviction by the appellate court.
  • Here, it should be noted that the stay cannot merely be a suspension of sentence, but a stay of conviction.
  • Under Section 389 of the CrPC, an Appellate Court can suspend the sentence of a convict while the appeal is pending.
    • This is akin to releasing the appellant on bail.

 

How does an appeal against the conviction impact disqualification?

• Section 8(4) of the RPA stated that the disqualification takes effect only after three months have elapsed from the date of conviction.
  • Within that period, a person can file an appeal against the sentence before the higher Court.
• Earlier, the law had provided for a pause on disqualification if an appeal against the conviction was filed before a higher court.
• However, in the landmark 2013 ruling in ‘Lily Thomas v Union of India’, the Supreme Court struck down Section 8(4) of the RPA as unconstitutional.
• This means that simply filing an appeal will not be enough to prevent disqualification.
  • The convicted MP must secure a specific order of stay against the conviction of the trial court.

 

Background of the present case:

• In March 2023, Congress leader Rahul Gandhi was held guilty and sentenced to two years in jail by a court in Gujarat’s Surat.
• He was sentenced in a 2019 defamation case over his remarks about the “Modi surname”.
• One day after the conviction, Lok Sabha Secretariat notified that Rahul Gandhi would stand disqualified as the Member of Parliament from Wayanad constituency.
  • He was disqualified under the Section 8 of the Representation of the People Act, 1951 (RPA).
• Rahul had moved the Sessions Court seeking a stay of the conviction.
  • Under 389 of the Code of Criminal Procedure, an Appellate Court can suspend the sentence of a convicted person who is sentenced to imprisonment of not more than three years.
• The Sessions Court rejected the plea, prompting Rahul to move the HC, which also rejected the plea.
• Finally, on August 5, the Supreme Court stayed Rahul’s conviction and sentence awarded by Surat court in March 2023.
  • The SC’s stay essentially means that Rahul’s conviction will be kept in abeyance — as though it did not exist.
  • However, this is only till the Appellate Court decides the case.
    • An appeal against the conviction is pending before the Surat Sessions Court.

 

News Summary: Rahul Gandhi’s MP status restored

• Two days after the Supreme Court stayed his conviction in a criminal defamation case, the Lok Sabha Secretariat cleared Congress leader Rahul Gandhi’s return to Parliament.

 

What are the perks that will be restored for Rahul?

• As an MP, Rahul is entitled to receive a salary of ₹1 lakh per month during his term in office.
• When Parliament is in session, an MP is entitled to an additional Rs 2,000 for each day.
• MPs are also entitled to a travel allowance, which includes fee transit by railways.
• Other perks include medical facilities for the MP and family members, housing, telephone, water, and electricity.
• The Salaries and Allowances of Members of Parliament Act, 1954 prescribes the range of benefits that an MP is entitled to.

 

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Q1) What is the Lily Thomas Case?

In the Lilly Thomas case, the Supreme Court of India held that Section 8(4) of the RPA, which allowed convicted lawmakers to continue to hold office and contest elections on the grounds of pendency of appeal against their conviction in the higher courts, was unconstitutional.  The court held that such a provision violated the principles of democracy and integrity in public life, as it allowed individuals with a criminal background to continue to participate in the political process and hold public office.

 

Q2) What is anti-defection law in India?

The Anti-Defection Law is a set of provisions in the Constitution of India that aim to prevent elected representatives from switching parties or betraying the mandate of the people who elected them. The law was introduced by the 52nd Amendment to the Constitution in 1985 and is laid out in the Tenth Schedule of the Constitution.

 

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Source: Rahul Gandhi’s MP status restored: What this means, what next | The Hindu | Hindustan Times | Indian Express | The Economic Times

What’s in today’s article?

• Why in news?
• Havana Syndrome
• What is Havana Syndrome?
• Background:
• What are the causes of Havana Syndrome?
• Havana Syndrome in India
• What are microwave weapons?

 

Why in news?

• The Central government has told the Karnataka High Court that it will look into the matter of the ‘Havana Syndrome’ in India.
• A petitioner had approached the Karnataka High Court requesting a writ of mandamus for an enquiry on Havana Syndrome in India and the prevention of high-frequency microwave transmission in India.
• The petitioner argued that authorities must consider the grievances raised in the petition under Article 350 of the Constitution.
  • Article 350 - Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be.
• A single-judge bench of the court disposed of the petition on July 27 after the Centre’s counsel agreed to examine the case.
• It directed the Centre to do so within three months.

 

Havana Syndrome

What is Havana Syndrome?

• Havana Syndrome refers to a set of mental health symptoms that are said to be experienced by US intelligence and embassy officials in various countries.
• It typically involves symptoms such as
  • hearing certain sounds without any outside noise being present;
  • nausea, vertigo and headaches, memory loss and issues with balance.

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Image Caption: Symptoms of Havana Syndrome

 

Background:

• In late 2016, US diplomats and other employees stationed in Havana reported feeling ill after hearing strange sounds and experiencing odd physical sensations.
• The symptoms included nausea, severe headaches, fatigue, dizziness, sleep problems, and hearing loss, which have since come to be known as “Havana Syndrome”.

 

What are the causes of Havana Syndrome?

• No one is entirely sure. Initially, it was speculated to be a sonic attack done by Cuban intelligence agencies.
• Later, the National Academy of Sciences noted in its report that the best explanation for the syndrome would be pulsed, directed microwaves.
  • Microwaves are a type of electromagnetic radiation with wavelengths longer than those of visible light but shorter than those of radio waves.
  • They fall within the electromagnetic spectrum between radio waves and infrared radiation.
  • Microwaves have frequencies ranging from about 300 megahertz (MHz) to 300 gigahertz (GHz).
• The report suggested that the victims may have been subjected to high-powered microwaves that either damaged or interfered with the nervous system.
• It is suspected that beams of high-powered microwaves are sent through a special gadget known as “microwave weapon”.

 

Havana Syndrome in India

• In India, the first such case was reported in September 2021, when a US intelligence officer travelling to New Delhi with CIA director William Burns reported symptoms of Havana Syndrome.
• As of July 2023, the 2021 incident was the only reported occurrence of the syndrome in India.

 

What are microwave weapons?

• Microwave weapons are supposed to be a type of direct energy weapons.
• It uses beams of high-frequency electromagnetic radiation to heat the water in a human target’s skin, causing pain and discomfort.
• A number of countries are thought to have developed these weapons to target both humans and electronic systems.
  • China had first put on display its “microwave weapon”, called Poly WB-1, at an air show in 2014.
  • The United States has also developed a prototype microwave-style weapon, which it calls the “Active Denial System”.

 

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Q1) What is the geographical location of Havana?

Havana is the capital city of Cuba, a country located in the Caribbean region. It is situated on the northern coast of the island of Cuba, and it's known for its historic architecture, vibrant culture, and rich history.

 

Q2) What are Microwaves?

Microwaves refer to electromagnetic waves with wavelengths that fall between those of radio waves and infrared radiation, typically ranging from about 1 millimeter to 1 meter. They are a type of non-ionizing radiation, which means they don't have enough energy to ionize atoms or molecules (remove electrons from them), unlike higher-energy radiation like X-rays or gamma rays.

 

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Source: Centre to look into ‘Havana Syndrome’: What it means and the term’s history | Hindustan Times | Indian Express

What’s in today’s article?

• Why in News?
• Background
• Central & Delhi Government’s Arguments
• Control over Administrative Services
• Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023
• News Summary

 

Why in News?

• The Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which replaces the ordinance on control of services in Delhi, has been passed by both the Houses of the Parliament.

 

Background

• Article 239 AA was inserted in the Constitution by the 69^th Constitutional Amendment Act, 1991.
  • Based on the recommendations of S Balakrishnan Committee (1987), it gave special status to Delhi.
• It says that the National Capital Territory (NCT) of Delhi will have an Administrator and a Legislative Assembly.
  • The Legislative Assembly “shall have power to make laws for the whole or any part of the NCT w.r.t. any of the matters in the State List or Concurrent List in so far as any such matter is applicable to Union territories”.
  • However, the legislative assembly of Delhi cannot legislate on the following three subjects – Police, Public Order, and Land.
• However, in the past few years, governance in the NCT has often been a subject of conflict between the Delhi government and the L-G.

 

Central & Delhi Government’s Arguments

• The Delhi government has argued that in the interest of federalism, the elected representatives must have power over transfers and postings.
• On the other hand, the Central Government has consistently maintained that because Delhi is the national capital and the face of the country, it must have control over administrative services, which include appointments and transfers.

 

Control over Administrative Services

• In 2019, a two-judge bench of the SC delivered a split verdict on the aspect of who controls administrative services in Delhi.
• The two-judge bench had recommended that a three-judge bench be set up to decide the issue of control of administrative services.
• Further, in May 2022, a three-judge Bench had referred this case to a larger Bench on the Central government’s plea.
• The three-judge Bench had decided that the question of control over administrative services required “further examination”.
• In May 2023, a five-judge constitutional bench of the Supreme Court held that the Delhi Government will have legislative and executive control over administrative services in the National Capital Territory of Delhi (NCTD) except with regard to public order, police and land.
  • Earlier, it was the Lieutenant-Governor, Chief Secretary and the Secretary of the Services Department who took a call on these issues.

 

Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023

• Immediately after the Supreme Court’s judgment in favour of the Delhi Government w.r.t. control of administrative services, the President promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023.
• The objective of the Ordinance is to “provide for a comprehensive scheme of administration of services” which “balances the local and domestic interests of the people of Delhi with the democratic will of the entire nation reflected through the President of India”.
• The ordinance gave back the Lieutenant Governor power over the services. It required the LG to consult the Chief Minister only at his “discretion”.

 

News Summary

• The Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which replaces the ordinance on control of services in Delhi, has been passed by both the Houses of the Parliament.
• Key Features of the Bill –
  • National Capital Civil Services Authority (NCCSA) –
    • The Bill establishes the National Capital Civil Services Authority to make recommendations to the LG on certain matters related to services.
    • These include: (i) transfers and postings, (ii) matters related to vigilance, (iii) disciplinary proceedings, and (iv) prosecution sanctions of Group A of All India Services (except Indian Police Service), and DANICS. 
    • The Authority will consist of the: (i) Chief Minister of Delhi as Chairperson, (ii) Principal Home Secretary of the Delhi government as Member Secretary, and (iii) Chief Secretary of the Delhi government as member. 
    • The central government will appoint both the Principal Home Secretary and Chief Secretary.  
    • All decisions of the Authority will be based on a majority vote of the members present and voting.
  • Powers of the LG –
    • Under the Act, matters where the LG may act on his discretion are: (i) matters outside the legislative competence of the Delhi Legislative Assembly but which have been delegated to the LG, or (ii) matters where he is required by a law to act in his discretion or exercise any judicial or quasi-judicial functions. 
    • The Bill specifies that in these matters, the LG will act in his sole discretion. 
    • It expands the discretionary role of the LG by giving him powers to approve the recommendations of the Authority, or return them for reconsideration. 
    • In the case of a difference of opinion between the LG and the Authority, the former’s decision will be final.
  • Disposal of Matters by Ministers –
    • A Minister of the Delhi government may issue standing orders for the disposal of matters brought to his attention. 
    • The order should be issued in consultation with the concerned Department Secretary. 
    • Certain matters must be submitted to the LG, through the Chief Minister and the Chief Secretary, for his opinion prior to the issue of any order.
  • Duties of Secretaries –
    • Additionally, the concerned Department Secretary must bring certain matters to the notice of the LG, the Chief Minister, and the Chief Secretary. 
    • These include matters which may bring the Delhi Government into controversy with the central or any state government, the Supreme Court, or High Court of Delhi.

 

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Q1) How many union territories have Lieutenant Governor?

In India, a lieutenant governor is the constitutional head of five of the eight union territories. These are Delhi, Jammu and Kashmir, Puducherry, Andaman and Nicobar Islands and Ladakh.

 

Q2)  Who appoints the Chief Minister in Delhi?

The Chief Minister of Delhi is appointed by the President (not by the lieutenant governor). The other ministers are appointed by the president on the advice of the chief minister.

 

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Source: Centre gets control of Delhi via L-G as Parliament stamps its approval to Bill | Hindu

What’s in today’s article?

• Why in News?
• Global Scenario of Critical and Deep-seated Minerals
• Attempts to Secure Supply-Chain Resilience by various Countries
• Case of India
• Reasons why India is Unable to Explore its Minerals
• India’s Existing Mining Policy
• How does the Mines and Minerals Bill 2023 Help?
• Some Issues with the Bill’s Proposals

 

Why in News?

• Recently, the Indian Parliament passed the Mines and Minerals (Development and Regulation) Amendment Bill 2023, in a bid to attract private sector investment in the exploration of critical and deep-seated minerals in the country.

 

Global Scenario of Critical and Deep-seated Minerals:

• A variety of minerals are crucial to a country’s manufacturing, infrastructure, and advancement.
• However, the clean energy transitions of countries including India, seeking to meet their net-zero emission goals, are contingent on the availability of critical minerals such as -
  • Lithium (or white gold), cobalt, graphite, and
  • Rare earth elements (REEs are crucial in making wind turbines, solar panels, etc).
• These are also crucial for the manufacture of semiconductors used in smart electronics; defence and aerospace equipment; telecommunication technologies; etc.
• According to the World Bank, the demand for critical metals such as lithium (Li) and cobalt is expected to rise by nearly 500% by 2050.
• The lack of availability of such minerals or the concentration of their extraction or processing in a few geographical locations leads to import dependency, supply chain vulnerabilities, etc.
• The Russian invasion of Ukraine has made it more clear how global supply chains of a range of commodities are vulnerable to shocks leading to a lack of availability and skyrocketing prices.

 

Attempts to Secure Supply-Chain Resilience by various Countries:

• Major economies including the US, UK, and EU have moved to secure supply-chain resilience for such minerals and to reduce reliance for their availability on countries like China.
  • This has been done by way of the Mineral Security Partnership (MSP), which India became party to this year.
  • China has majority ownership of cobalt mines in the Democratic Republic of Congo, where 70% of the world’s cobalt is mined.
  • China also has by far the largest reserves of REEs (and produces 65% of the world’s REEs), followed by Vietnam, Brazil and Russia.
• Countries like the US, Australia, Japan, and the EU bloc have also created lists of critical minerals based on their specific economic needs and the supply risk of the minerals.
• The Indian Ministry of Mines recently came out with a list of 30 minerals critical to the country’s economic development and national security.

 

Case of India:

• India’s unique geological and tectonic setting is conducive to hosting potential mineral resources.
• Its geological history is similar to the mining-rich regions of Western Australia and Eastern Africa.
• Still, India is highly dependent on imports for a majority of 30 minerals of the above-mentioned list.
  • For instance, India is 100% import-dependent on countries including China, Russia, Australia, South Africa, and the US for the supply of critical minerals like lithium, cobalt, nickel, niobium, beryllium, and tantalum.
  • In the case of lithium, India’s imports were worth $22.15 million in 2021-2022. India imported 5,486.18 lakh units of lithium-ion batteries, spending $1,791.35 million.
• For deep-seated minerals like gold, silver, lead, cobalt, platinum group elements (PGEs), diamonds, etc., India depends largely on imports.
  • These minerals are difficult and expensive to explore and mine as compared to surficial or bulk minerals.
  • In 2022-23, India imported close to 12 lakh tonnes of copper (and its concentrates) worth over Rs. 27,000 crores.
  • It imported 32,298.21 tonnes of Nickel worth Rs. 6,549.34 crore.
• India has 6% of the world’s REEs reserves and produces only 1% of global output.

 

Reasons why India is Unable to Explore its Minerals:

• The primary step to discovering mineral resources and eventually finding economically viable reserves is mineral exploration, which comes in various stages before mining. These stages are -
  • Reconnaissance (preliminary survey to determine mineral resources),
  • Prospecting (exploring, locating, or proving mineral deposits), and
  • Detailed exploration (estimating of mineral ore and grade).
• It is estimated that India has explored just 10% of its Obvious Geological Potential (OGP), less than 2% of which is mined and the country spends less than 1% of the global mineral exploration budget.
• A majority of exploration projects have been carried out by the government agencies - Geological Survey of India and PSUs like Mineral Exploration Corporation Limited (MECL) - with very little private sector participation.
  • This is mainly due to lack of policy support and inadequate incentives for the private sector.
• Exploration requires highly specialised, time-intensive and monetarily risky operations (aerial surveys, geological mapping and geochemical analyses) with less than 1% of explored projects becoming commercially viable mines.
  • Indian PSUs had not fared well when it came to deep-seated and critical minerals.

 

India’s Existing Mining Policy:

• The Mines and Minerals (Development and Regulation) Act 1957, the primary legislation governing mining in the country has been amended several times.
  • Under this, private companies could also get Prospecting Licences (PL) or Mining Leases (ML), and could even apply for early-stage or greenfield exploration through Reconnaissance Permits (RPs).
• In the early 2010s, as the mining industry seemed to be gathering momentum, concerns about favouritism and misuse started coming up in the allocation of 2G spectrum and natural resources like coal blocks.
• The Supreme Court ruled in 2012 that the First Come First Serve method of resource allocation was vulnerable to manipulation, favouritism, and misuse, asking the government to adopt a transparent method.

 

How does the Mines and Minerals Bill 2023 Help?

• The Bill six previously mentioned atomic minerals (lithium, beryllium, niobium, titanium, tantalum and zirconium) from a list of 12 which cannot be commercially mined (reserved for government entities).
  • These six minerals are now being put into a list of “critical and strategic” minerals.
• The Bill allows prohibited activities under the Act like pitting, trenching, drilling, and sub-surface excavation as part of reconnaissance, which included mapping and surveys.
• The Bill also proposes a new type of license to encourage reconnaissance-level and or prospective stage ​​exploration by the private sector.
• This exploration licence (EL), for a period of five years (extendable by two years), will be granted by the state government by way of competitive bidding.
• This license will be issued for 29 minerals specified in the Seventh Schedule of the amended Act, which would include critical, strategic, and deep-seated minerals.
• It also specifies the maximum area for exploration - activities in upto 1,000 sq kms will be allowed under a single exploration licence.

 

Some Issues with the Bill’s Proposals:

• A process could take years to materialise owing to government timelines for clearances or may not happen at all considering the complexity of the deposit and geography.
• The explorer would not know how much revenue they will receive as the auction premium would be known only when a mine is successfully auctioned.
• Only the government can auction what an explorer has discovered and the latter would only get a share of the premium at an unknown stage.
  • This is unlike other global jurisdictions where private explorers can sell their discoveries to miners.
• The SC had observed (in 2012) that since big capital investments go into discovering natural resources, companies would only spend big amounts if they’re assured of utilising any discovered resources.

 

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Q1) What is the Mineral Security Partnership (MSP)?

The Minerals Security Partnership (MSP) is a US-led alliance launched in June 2022. It seeks to secure a stable supply of raw materials for their economies. As of July 2023, the MSP was composed of: Australia, Canada, Finland, France, Germany, India, Japan, South Korea, Sweden, the UK, US, and the EU.

 

Q2) What are rare earth elements (REEs)?

The rare earth elements (REE) are a set of 17 metallic elements. These include the 15 lanthanides on the periodic table plus scandium and yttrium. Rare earth elements are an essential part of many high-tech devices.

 

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Source: Explained | The push to bring the private sector into mineral exploration