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My Notes 12 Dec 2016 12-12-2016

Dear Students:

Please Follow My Notes and My Video 12-DEC-2016

http://laex.in/civilsprep/upsc-ias-the-hindu-and-indian-express-current-affairs-12-december-2016-2-2-2-2-2-2-2-2-2-2-2/

S.No

Issue

Original law   

Proposed amendments

Consequences

1

Section 13(1)(D)

It covers various forms of indirect corruption. It states that – obtaining any valuable thing or pecuniary advantage by illegal gratification or by abusing position as a public servant.

Definition of corruption is truncated.

 

fraudulent  misappropriation  of property  under  one’s  control,  and  intentional,  illicit  enrichment  and  possession  of disproportionate  assets. 

 

Law commission stated that states that undue advantage that results from improper performance of public function or activity need to be included.

  1. Any advantage that do not involve Monetary benefit do not come under corruption definition.

2

Disproportionate assets

A)     Proving intention of graft was not mandatory.

 

B)     Currently known sources of income are limited only to the income declared under provisions of law, rules or orders for time being applicable to a public servant( it mean accused persons can not produce fresh sources of income at a later date)

A)

Now the  prosecutor will  also  have  to  prove  that this  disproportionate  asset  was  acquired with  the  intention  of  the  public  servant  to enrich  himself  illicitly. 

B)     It is removed now

Burden of proof is being shifted to the prosecution.

 

 

 

 

 

B)

It mean an officer can submit fresh income sources at a later date.

3

Punishment to bribe giver

If a person makes a statement during a corruption trial, it would not be used to prosecute him for the offence of abetment of corruption.

It omits the provision.

It discourages a bribe giver to give evidence against corrupt officer. Atleast protection shall be retained in coercive corruption.

4

Prosecution

Permission of Government is necessary to prosecute any public servant in Government office.

Permission is required for prosecution of retired officials for the cases pertaining to the period they are in office.

A court order shall also be produced if a private person has to request for a prosecution.

 

It complicates seeking permission from Government.

5

Inquiry or investigation

Sec17A

As of now, No prior Government permission is necessary( vineet Narain case)

Permission of a competent authority is necessary to investigate

Government discretion increases and political bosses becomes ultimate arbiters in cases of corruption.

 

Vineet Narain case –Supreme Court laid down guidelines to ensure independence and autonomy of the CBI. The verdict called for transparency in the selection of the CBI Director and put the Central Vigilance Commission in superintendence over the CBI.

 

Arrest of a military chief.

Former air force chief Marshal was arrested by the CBI in connection with VVIP choppers scandal. In relation to the case Italian court has already imposed penalty to the finmeccanica chief Mr. Orsi. Previously, Admiral Nanda in HDW submarines case, Admniral Sushil Kumar in Barack missiles cases have come up. But it is the first time a chief is arrested. In none of the above cases, charges were not been proven and are acquitted. It shows the complex nature of defence procurement.

 

A Brutal Victory in Aleppo

Syrian military forces are able to take control over aleppo from rebel forces. But battle fro Aleppo is a humanitarian disaster. If dialogue can be initiated between Government and Rebels, than all efforts can be concentrated against Islamic state.

 

Perspective

Asking the right questions.

In fight against Black money Government is going as head with multiple options besides demonetisation.

  1. Benjamin transactions(amendment) act covering both movable and immovable property was notified.
  2. Incentives are introduced in non cash modes.
  3. To bring in non cash transactions a serious effort is been made to achieve financial inclusion.

Legacy of a social Movement

Dravida parties in Tamil naduare built on strong Tamil identity, anti Brahminism, and welfarism in policy making. Breaking this by the national parties is not an easy task. Homogeneity in Tamil society also went hand in hand with fractured pattern of caste dominance and so no caste emerged dominant.

 

News

U.S. arms technologies come closer

USA has designated India as a major defence partner and it eases license regulations for India to obtain sensitive defence technologies. USA congress also passes a national defence authorisation act to enhance defence cooperation. If it signed in to law, irrespective of Government in power in USA, defence cooperation will continue. DTTI and IRRC will continue as they are part of law.

 

Zero import duty onwheat will lead todumping: Unions
farmers Union say that zero import duties on wheat will benefit the millers but hurts interests of farmers and it will lead to distress sale.

 

MPs’ panel says SC showing a ‘zeal for primacy’

Standing committee on law states that original constitutional arrangement was disturbed by the court Judgement in 2nd Judges case. It brought in judicial primacy in appointments and disturbed existing checks and balances.

 

Indian express

Put house in order

Parliamentary procedures need a revamp to increase public confidence on the institution.

  1. Opposition parties shall be given an opportunity to set the agenda for discussion in a parliament.
  2. Freedom of speech and action shall be restored for a parliamentary member. Empowering the MPs to call for a session of parliament and to hold government accountable on their terms.

 

Question of the day

  1. Corruption is a menace in our public life. Legal loop holes need to be plugged to fight it. Do you think amendments proposed for prevention of corruption of act are in this direction. Discuss with relevant Supreme court Judgements. 

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