Andhra Pradesh can’t change capital, says HC

06, Mar 2022

Why in News?

• The Andhra Pradesh High Court has recently directed the State government to construct and develop Amaravati, the capital city of the State, and the capital region within six Months.

About the News:

• In a significant observation, the High Court held that the State legislature lacked the competence to make any legislation for shifting, bifurcating or trifurcating the capital.
• A three-judge Bench, gave the final verdict after hearings in a case relating to a bunch of writ petitions filed by landowners of Amaravati to declare that the State government had no legislative competence to change the capital or remove Amaravati from being the capital of the three civic wings — legislature, executive and judiciary — of the State.

What is the Issue?

• Counsel for the petitioners contended that the State has failed to deliver on its promise to return the developed plots as per the final master plan within a period of three years even after the deadline expired on January 20.
• The High Court directed the government and the Capital Region Development Authority (CRDA) to discharge their duties enshrined under the A.P. Capital Regional Development Authority (CRDA) Act and Land Pooling Rules.
• It directed the State to develop the reconstitutional plots belonging to landowners and hand them over to landowners within three months.
• The HC held the view that the agreement signed between the farmers and the CRDA in Form-9.14 is a Development Agreement-cum-Irrevocable General Power of Attorney and it is a statutory contract, and the violation of terms and conditions by the respondents —

State and APCRDA — warrants interference of this court, while exercising power under Article 226 of the Constitution.

• The State was also directed to pay costs of ₹50,000 to each of the petitioners for having forced the filing of the case to perform their statutory obligations.

What are the provisions in the 2014 Act regarding the Capital of Andhra Pradesh?

• It may be noted that Section 5 (2) of the 2014 Act says that after the expiry of 10 years, Hyderabad shall be the capital of the State of Telangana and there shall be a new capital for the State of Andhra Pradesh.
• Significantly, Section 6 of the 2014 Act says that the Central Government shall constitute an expert committee to study various alternatives regarding the new capital for the successor State of Andhra Pradesh and make appropriate recommendations.
• Further, Section 94 (3) of the Act says that the Central Government shall provide special financial support for the creation of essential facilities in the new capital of the successor State of Andhra Pradesh including the Raj Bhawan, High Court, Government Secretariat, Legislative Assembly, Legislative Council, and such other essential infrastructure.
• It also says that the Central Government shall facilitate the creation of new capital for the successor State of Andhra Pradesh, if considered necessary, by denotifying degraded forest land.

What are the other Examples of Multiple Capital Cities?

• In Sri Lanka, Sri Jayewardenepura Kotte is the official capital and seat of national legislature, while Colombo is the de facto seat of national executive and judicial bodies.
• Malaysia has its official and royal capital and seat of national legislature at Kuala Lumpur, and Putrajaya is the administrative centre and seat of national judiciary.

Among Indian states:

• Maharashtra has two capitals– Mumbai and Nagpur (which holds the winter session of the state assembly).
• Himachal Pradesh has capitals at Shimla and Dharamshala (winter).
• The former state of Jammu & Kashmir had Srinagar and Jammu (winter) as capitals.

DNA TECHNOLOGY (USE AND APPLICATION) REGULATION BILL

26, Jun 2019

•       The Bill seeks to create a Regulatory Framework for Obtaining, storing and testing of DNA samples of human beings, mainly for the purposes of criminal investigations, and with the objective of establishing the identity of a person.
•       The proposed law seeks to bring in a supervisory structure to oversee these practices, and frame guidelines and rules so that the DNA technology is not misused.
•       Bill proposes to set up two institutional structures — a DNA regulatory board, and a DNA data bank — at the national level. Regional centers of the board as well as the data bank can be set up at the state level as well.
•       The Bill proposes that testing of DNA samples can be carried out only at laboratories that are authorized to do so by the regulatory board. It also specifies the circumstances under which a person can be asked to submit DNA samples.
•       Police can ask for DNA samples of the person accused of an offence to facilitate their investigation. But unless the offence is of a very serious nature, punishable by death or by imprisonment for at least seven years, the DNA sample can be obtained only on the written consent of the accused. It can be also be obtained if an authorized magistrate is satisfied that a DNA test is absolutely necessary for investigation of the crime.
•       People who are witness to a crime, or want to locate their missing relatives, or in similar other circumstances, can volunteer to give their DNA samples, again through written consent.

Issues:

•    Whether the DNA technology is foolproof?
•       Whether the provisions adequately address the possibility of abuse of DNA information, and whether the privacy of the individual is protected.
•       Critics of the Bill have been claiming that collecting and storing such intrusive information could lead to abuse, besides being violative of a person’s privacy. 

Government Stand:

•       Since DNA tests are already happening, and frequently used as the most reliable tool to establish identity, it would be better to have regulatory safeguards so that it is carried out only in prescribed manner and by authorized personnel and Institutions.

TRIPLE TALAQ

22, Jun 2019

Context:

• Triple Talaq bill again introduced by NDA government in Lok Sabha.

About:

• The Bill makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal.
• It defines talaq as Talaq-e-biddat or any other similar form of talaq pronounced by a Muslim man resulting in instant and irrevocable divorce.
• Talaq-e-biddat refers to the practice under Muslim personal laws where pronouncement of the word ‘talaq’ thrice in one sitting by a Muslim man to his wife results in an instant and irrevocable divorce.

Offence and Penalty:

• The Bill makes declaration of talaq a cognizable offence, attracting up to three years’ imprisonment with a fine. (A cognizable offence is one for which a police officer may  arrest an accused person without warrant.)
• The offence will be cognizable only if information relating to the offence is given by:
• (i) The married woman (against whom talaq has been declared), or
• (ii) Any person related to her by blood or Mariage

Feature:

• The Bill provides that the Magistrate may grant bail to the accused. The bail may be granted only after hearing the woman (against whom talaq has been pronounced), and if the Magistrate is satisfied that there are reasonable grounds for granting bail.
• Allowance: A Muslim woman against whom talaq has been declared, is entitled to seek subsistence allowance from her husband for herself and for her dependent children. The amount of the allowance will be determined by the Magistrate.
• Custody: A Muslim woman against whom such talaq has been declared, is entitled to seek custody of her minor children. The manner of custody will be determined by the Magistrate

ANTI DEFECTION LAW

22, Jun 2019

Context:

• 5 TDP members of Rajya Sabha defected in BJP party.

About:

• The Anti-Defection law sought to prevent such political defections which may be due to reward of office or other similar considerations.
• 10th Schedule
• Power to disqualify bears with Speaker/ Chairman of House.
• A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote.

Background:

• Anti-Defection Law was passed in 1985 through 52nd amendment of constitution.

Disqualification Grounds:

• If member of house belonging to a political party
• Voluntary gives membership of his political
• Votes or does not vote contrary to directions of his party. If an independent candidate joins a political party after
• Nominated member is allowed to join a political party provided he joins such political party of his choices within a period of six months. After that period, joining a political party would lead to defection and disqualification.

Disqualification Authority:

• The question whether a member is subject to disqualification in all other matters except under 10th Schedule (disqualification) is Decided by President. However, President should obtain the opinion of the election commission before taking such decision.
• The Question of Disqualification under Anti-defection / Tenth Schedule is decided by the Chairman in the case of Rajya Sabha {i.e. Vice-President} and Speaker in the case of Lok Sabha.

When Defection is not Applied:

• Person shall not be disqualified if his political party merger with another party.
• Person and other members do not accept the merger and opt to function as a separate group.
• This exception shall operate only if not less than two third of the members of party in house have agreed to the agreed to the merger.