LOK SABHA CLEARS BILL THAT CLIPS DELHI GOVT WINGS

Amid protests and a walkout by some Opposition parties, the Lok Sabha passed the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, by a voice vote on Thursday. The Bill replaces the ordinance on control of services in the national capital.

The Opposition parties, which have been protesting to press their demand for a statement by Modi on Manipur, were participating in House proceedings for the first time since the start of the session.

Replying to the nearly four-hour-long debate, Union Home Minister Amit Shah said: “Since this session has begun, the House has passed nine Bills. They were all important Bills. But at that time, the Opposition kept saying they wanted the PM to speak or else the House would not function. What happened today? You are worried about democracy? But if that is so, every Bill is important…..They are neither worried about democracy, nor the country. They are only worried about their alliance…..For you, the worry is that even a small party must not leave your alliance. But, after this Bill is passed, your alliance is not going to sustain anyway. Kejriwal will say bye-bye to you.”

Responding to criticism over the Bill, he said: “Everyone is talking about the rights of a state. What state? Delhi is not a state. It is a Union Territory. It is also the capital. It has been created under a special Article, from Article 239 to Article 242. The working of the Delhi administration has been accepted by the Constitution. We did not bring a Constitutional amendment on this, you did (through the 69th amendment). You are the one who did not give the rights. According to Article 239AA, Parliament has the right to make laws related to the Union Territory of Delhi”.

On May 19, the Centre promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 to set up a National Capital Civil Service Authority for transfer and posting of Group-A officers in Delhi. The Chief Minister is one of the three members of the Authority, while the two others are bureaucrats. The decisions by the Authority are to be taken by a majority and, in the event of a dispute, the matter will be referred to the L-G whose decision will be final.

NCT BILL HITS FEDERALISM, GIVES OFFICIALS POWER OVER ELECTED: OPPN

Initiating the discussion on The Government of National Capital Territory of Delhi (Amendment) Bill in the Lok Sabha, Congress leader Adhir Ranjan Chowdhury accused the Centre of unnecessarily “meddling” with the affairs of Delhi, and said that if successful, it could mount such attacks in other states. “If you leave everything to bureaucrats, then we don’t need to fight elections to get here,” he said.

The Trinamool Congress’s Kalyan Banerjee said the Bill had been brought to override a Supreme Court judgment, and called it an abrogation of the legislative power of the Union territory of Delhi.

During the debate, Chowdhury said the concept of “a triple chain of command” is the foundational principle of India’s Constitutional structure, with civil service officers accountable to ministers, ministers accountable to the Legislature, and the Legislature accountable to the electorate.

OPPN OFFERS ‘MIDDLE PATH’ IN RS, BUT NO WAY OUT STILL

After stalling the Rajya Sabha for days, the Opposition Thursday conceded a bit, dropping its demand for a discussion on Manipur under Rule 267, and for a statement by Prime Minister Narendra Modi in Parliament to precede it, but threw another googly at the government.

It suggested that the government hold the discussion under a rule which involves a motion, the wording of which could be the next bone of contention. Eventually, the stalemate continued on Thursday, and the House remained disrupted.

The recalibration in the Opposition stand followed a meeting of the parties in the morning where, some Congress leaders joined calls for a middle path to end the logjam.

The signal was that the Opposition was ready to drop its demand for a discussion invoking Rule 267 – which would entail discussion suspending other business – and also the demand that this be preceded by a statement by the PM. Leader of the House in the Rajya Sabha Piyush Goyal, according to Opposition sources, told them that in principle it was a good idea.

Opposition leaders said they asked Goyal to take up the discussion immediately, but that the ministers told them Home Minister Amit Shah was not available Thursday since the Lok Sabha was discussing the NCT Bill.

The discussion won’t happen anytime soon as a result. On Friday, a long discussion is not possible since Friday afternoons are reserved for private member business. On Monday, the Government plans to take up the NCT Bill in the Rajya Sabha, while on Tuesday, the Lok Sabha will start a discussion on the no-confidence motion.

The opposition refrain was that the government was making excuses citing the busy schedule of the Home Minister.”

IS ARTICLE 370 IN A CATEGORY BEYOND PARLIAMENT’S POWER TO AMEND, ASKS SC

The Supreme Court on Thursday asked petitioners challenging the amendment to  Article 370 regarding the status of the erstwhile state of J&K whether their argument that changes made to the provision in 2019 is beyond the amending powers of Parliament.

“You are saying, therefore, that there is a provision of the Constitution which lies even beyond the amending power of Parliament. So we are then creating a new category, apart from Basic Structure, and Article 370 belongs to that?” Chief Justice of India D Y Chandrachud, presiding over a five-judge Constitution Bench, asked Senior Advocate Kapil Sibal who appeared for the petitioners.

The query came as Sibal told the Bench, also comprising Justices S K Kaul, Sanjiv Khanna, B R Gavai and Surya Kant, that after the Constituent Assembly for the erstwhile state of J&K ceased to exist in 1957, there was no constitutional process left to touch Article 370 and changes, if any, could only have been made through a political process.

“How would you then put into place the constitutional machinery (for amendment) because there has to be one? It can’t be that because there is no Constituent Assembly, you cannot at all deliberate on a proposal for abrogation or modification of Article 370… Say in 2019, the President wishes to amend 370… What according to you would have been the right constitutional process to do it?” the CJI asked.

Sibal replied that “there is no constitutional process because the Constitution of J&K said in Article 147 that no such Bill can even be introduced in the legislature” and that’s why his argument is that Article 370 is permanent.

Sibal said, “It (the abrogation of the article) can happen as a political decision, the J&K government and state legislature unanimously decide.” And added that there is no other way out.

The arguments will resume August 8.

INTERNATIONAL AFFAIRS

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US URGES THE WORLD TO TELL RUSSIA TO STOP USING GRAIN FOR BLACKMAIL

US secretary of stateAntony Blinken challenged all countries on Thursday to tell Russia to stop using the Black Sea and Ukraine’s grain as “blackmail” and stop treating the world’s hungry and vulnerable people as leverage in its “unconscionable war”.

America’s top diplomat lashed out at Russia at a UN Security Council meeting for ignoring the world’s appeals and pulling out of the year old deal that allowed Ukraine to ship more than 32 tonnes of grain from Black Sea ports to needy countries. “And what has Russia’s response been to the world’s distress and outrage? Bombing Ukrainian granaries, mining port entrances, threatening to attack any vessel in the Black Sea,” he said. Blinken was chairing the signature event of the US’ council presidency this month on conflict as a key driver of hunger and famine. He announced that the US, which has provided more than $17.5 billion since January 2021 to address famine and food insecurity, will give $362 million more to tackle the drivers of hunger in Haiti and 11 African countries.

Blinken also implicitly criticised China, which is the world’s second-largest economic power behind the US, saying: “The world’s largest economies should be the world’s largest donors, for member states to consider themselves global leaders. This is your chance to prove it.”

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HARYANA, RAJASTHAN CM SPAR OVER MONU MANESAR

Rajasthan Chief Minister Ashok Gehlot Thursday questioned his Haryana counterpart’s offer of help in arresting Bajrang Dal member Monu Manesar, bringing up the “non-cooperation” by the neighbouring state’s police in the case of the murder of Nasir and Junaid by alleged cow vigilantes in February.

Gehlot’s remarks came a day after Chief Minister Manohar Lal Khattar said the Rajasthan Police was free to act against the cow vigilante, an accused in February’s case who has come under the scanner for his alleged role in provoking the Nuh violence.

Nasir, 25, and Junaid, 35, residents of Ghatmeeka village in Rajasthan’s Bharatpur district, had gone missing on February 15. A day later, their charred bodies were found in Loharu in Haryana’s Bhiwani district. They were allegedly killed by vigilantes who suspected that they were illegally transporting cattle. The victims’ families have alleged the involvement of the Bajrang Dal in the case. The outfit has denied the accusation.

“Mr. Khattar failed to stop the violence in Haryana and is now giving such statements only to divert the attention of the people, which is not appropriate,” Gehlot said Thursday.

ALLAHABAD HC ALLOWS ASI SURVEY AT GYANVAPI, MOSQUE PANEL MOVES SUPREME COURT

Hours after the Allahabad High Court allowed the Archaeological Survey of India (ASI) to conduct a survey of the disputed Gyanvapi mosque in Varanasi, the Muslim side on Thursday moved the Supreme Court against the high court’s order.

As Chief Justice DY Chandrachud, who headed a five-judge Constitution Bench hearing petitions against the nullification of Article 370, concluded the day’s hearing, advocate Nizam Pasha mentioned the matter on behalf of the Anjuman Intezamia Masjid Committee, which manages the mosque, and sought an urgent hearing.

“The Allahabad High Court has passed an order today. We have filed a service leave petition against the order. I have sent an email (seeking urgent hearing). Let them not proceed with the survey...," Pasha submitted.

“I will look at the email right away,” the CJI told Pasha.

The matter is expected to be taken up today.

The Hindu side has already filed a caveat to pre-empt any ex-parte orders being passed by the top court.

Earlier in the day, the Allahabad High Court dismissed Anjuman Intezamia Masjid Committee’s petition challenging a Varanasi district court order directing the ASI to conduct a survey of the disputed complex to ascertain if the mosque was built on a pre-existing temple. Terming the district

Dismissing the petition on Thursday, Allahabad HC Chief Justice Pritinker Diwaker said there was no reason to not believe the ASI's assurance that the survey would not cause any damage to the structure. The HC said no digging should be done at the mosque as part of the survey. The ‘wazu khana’, where a ‘shivling’ was reported to have been found and was claimed to be a fountain by the Muslim side, will not be part of the ASI survey in view of the top court’s order to protect it.

NUH SEES SWIFT BULLDOZER PUNISHMENT

Adopting Uttar Pradesh CM Yogi Adityanath bulldozer “justice” system, the law enforcement agencies in Nuh’s Tauru bulldozed 250 shanties of “illegal” immigrants, the majority of whom were named as accused in the recent communal violence.

The shanties are learnt to be illegal encroachments on HSVP land for the past four years and were allegedly inhabited by illegal immigrants from Bangladesh.

The district authorities accompanied by heavy police force carried out the operation yesterday, later claiming the shanties were illegal. They, however, could not justify the urgency of the demolitions during the current communal tension and curfew.

Sources in the police revealed that the majority of mobsters who pelted stones in and around Tauru, and attacked shops and people, were from the settlement and had even shared photos or videos of their acts. Using CCTV footage and videos, the local police have identified the houses from where most of the stone pelting was orchestrated and went on to bulldoze the illegal encroachments.

Overall, the situation was peaceful in Nuh and Gurugram on Thursday. Curfew was relaxed for two hours in Nuh. Internet services were restored for three hours in Nuh, Gurugram, Faridabad and Palwal. Section 144 is now in force in 10 Haryana districts with Bhiwani being the latest addition.

DATA PROTECTION BILL TABLED IN LOK SABHA

The Centre yesterday introduced the Digital Personal Data Protection Bill, 2023, in the Lok Sabha. It was tabled by Union Communications, Electronics and Information Technology Minister Ashwini Vaishnaw amid the Opposition’s demand that the Bill be sent to the Parliamentary Standing Committee for scrutiny. Opposition leaders said the Bill violated the fundamental right to privacy.

The Bill prescribed penalties up to Rs 250 crore for data breaches. It aims to make entities such as Internet companies, mobile apps and business houses more accountable and answerable about the collection, storage and processing of data of citizens as part of the right to privacy.

It proposes stiff penalties against individuals and companies that fail to prevent data breaches.

Some of the most contentious issues include the wide-ranging exemptions to the government and its agencies, the dilution of powers of the data protection board, and amendment of the Right to Information Act, that rights groups say will significantly weaken the law

Lok Sabha Speaker Om Birla, who had said he won’t return to the Lok Sabha till Opposition MPs “behaved”, was back in the House following an appeal by the latter

PUNE PROFESSOR HELD FOR ‘OBJECTIONABLE REMARKS ABOUT HINDU DEITIES’

Hours after Pune’s Symbiosis College of Arts and Commerce (SCAC) suspended its 43-year-old faculty member over his alleged objectionable remarks about Hindu deities while taking a class, the city police arrested him on charges of outraging religious sentiments.

Based on the complaint filed by Ravindra Padwal (30), who has identified himself as a member of the ‘Samast Hindu Bandhav’ organisation, the Deccan Gymkhana police arrested the professor, Ashok Sopan Dhole (43), who teaches Hindi at SCAC.

The police have invoked Indian Penal Code Section 295A which pertains to deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

THE NEW RESTRICTION ON PERSONAL COMPUTERS/LAPTOP IMPORTS

India has restricted imports of personal computers, laptops, palmtops, automatic data processing machines, microcomputers/processors and large/mainframe computers with immediate effect. In a notification issued Thursday (August 3), the Directorate General of Foreign Trade said imports of computers and other items under the seven categories of HSN code 8471 have been restricted, but the restriction will not be applicable to imports under the baggage rules.

With an aim to promote domestic manufacturing of these products and curtail the majority share of imports of these items from China, the imports of laptops and personal computers have been restricted.

The move is being seen as a direct boost to the Centre’s recently renewed production-linked incentive (PLI) scheme for IT hardware.

Most of the laptops and personal computers sold in India are manufactured or assembled in China. With the new rule, the government plans to shift this to India.

GUKESH GOES PAST VISWANATHAN ANAND AS INDIA’S TOP-RANKED CHESS PLAYER

When FIDE, the global governing body of chess, publishes its monthly rating list at the end of this month, five-time world champion Viswanathan Anand will not be the top Indian in the published classical chess rankings for the first time in 36 years. Anand’s protege Gukesh D ensured he will end the month as the top-ranked Indian after his victory over Mistradin Iskandrov in the second round of the FIDE World Cup at Baku.

The man who Gukesh surpassed to become the country’s No 1 is convinced of the teenager’s talent. “Did I think he could overtake me? It was inevitable that someone would. But he has even more potential (than just overtaking Anand). He was one of the easiest people to bet on,” said Anand.

T20I SERIES: WI BOWLERS STUN INDIA IN FIRST MATCH

Tilak Varma looked very much at home on his international debut before India made a mess of a modest run-chase to lose the opening T20 International against the West Indies by four runs in Tarouba, Trinidad, on Thursday.

Rovman Powell (48 off 32) played a captain's knock to take West Indies to 149 for six after the hosts opted to bat at the Brian Lara Stadium.

With 37 needed off the last 30 balls and six wickets in hand, India self-destructed to end at 145 for nine in 20 overs.

The sole bright spot of the chase was Varma's fearless 39 off 22 balls on his maiden outing for India. The 20-year-old southpaw dispatched West Indies' quickest bowler, Alzarri Joseph for back to back sixes over deep square leg to announce his arrival in international cricket.

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THOUGHT FOR THE DAY

Find out just what people will submit to, and you have found out the exact amount of injustice and wrong which will be imposed upon them. The limits of tyrants are prescribed by the endurance of those whom they oppress. - Frederick Douglass