Disqualifying MPs, MLAs on conviction: Govt may seek review

August 2, 2013

Kapil_SibalNew Delhi, Aug 2: Seeking to negate the two Supreme Court verdicts on lawmakers, one of which disqualifies MPs and MLAs from the House immediately upon their conviction, government may approach the apex court for a review and also go for a "legislative remedy" by amending the current laws.

Law Minister Kapil Sibal today said the government will discuss and decide in the coming days on the two verdicts.

"We could go back to the Supreme Court saying you ignored certain aspects," he told reporters.

In reply to a question, he said the government could also seek a "legislative remedy" by approaching Parliament.It means bringing an amendment bill in Parliament.

"Talks with various political parties are on...whatever decision is taken will be based on consensus," he said.

He said while government respects SC orders, "it is possible that the decisions have political repercussions on the political system and that it has not been fully examined."

Sources said the government feels that the Supreme Court bench that pronounced the judgement did not take into account the fact that the issue of constitutionality of sub-section (4) of Section 8 of the Representation of the People Act had already been settled by a five-judge bench in 2005.

This matter should have been decided by a constitution bench of the court.

In its July 10 judgement,the apex court struck down a provision in the electoral law that protects a convicted lawmaker from disqualification on the ground of pendency of appeal in higher courts.

The apex court also made it clear that MPs, MLAs and MLCs would stand disqualified on the date of conviction.

The court said Parliament has exceeded its powers by enacting the provision (Section 8(4) of the Representation of Peoples Act) that gives a convicted lawmaker the power to remain in office on the ground that appeals have been filed and pending.

In another order it said that a person, who is in jail or in police custody, cannot contest election to legislative bodies.

The apex court ruled that only an "elector" can contest the polls and he/she ceases the right to cast vote due to confinement in prison or being in custody of police.

The court, however, made it clear that disqualification would not be applicable to person subjected to preventive detention under any law.

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News Network
February 11,2020

New Delhi, Feb 11: As the counting of votes for the Delhi Assembly polls began, Congress leader Digvijaya Singh on Tuesday raised doubts on EVMs, alleging that no machine having a chip is tamper-proof.

He called upon the Election Commission and the Supreme Court to take a fresh look at the use of EVMs in the country.

"No machine (which) has a chip is tamper-proof. Also please do for a moment think, why no developed country uses EVM," Singh said in a tweet.

"Would CEC and Hon Supreme Court please have a fresh look on EVM voting in India? We are the largest democracy in the world, we can't allow some unscrupulous people to hack results and steal the mandate of 1.3 billion people.

"If they match the votes in the counting unit. Declare the result. If they don't match then count the ballots of all polling booths in the assembly. It would convince everyone and save time also as this has been the consistent argument of CEC in favour of EVM," the Congress leader said.

Polling for the 70-member Delhi Assembly polls was held on Saturday.

The Election Commission on Sunday announced that the final voter turnout was 62.59 per cent, five per cent less than 2015.

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News Network
May 18,2020

New Delhi, May 18: The nationwide tally of COVID-19 cases crossed one lakh on Monday with more people testing positive for the deadly virus in Maharashtra, Gujarat, Tamil Nadu and other states, even as a much-relaxed fourth phase of the lockdown began with restarting of market complexes, autos, taxis and inter-state buses in various parts of the country.

The death toll due to COVID-19 crossed the 3,000-mark too.

With an aim to reboot numerous locked down economic activities, authorities across the country ordered reopening of markets, intra-state transport services and even of barber shops and salons in some states, barring in containment zones.

However, schools, colleges, theatres, malls and religious gatherings are among those that would remain shut down, at least till May 31.

India has been under a lockdown since March 25, which was first supposed to be for 21 days or toll April 14, but was later extended till May 3, then further till May 17 and now for another two weeks till May 31.

However, a number of relaxations have been given in the current fourth phase, while states and union territories have also been granted significant flexibility for deciding the red, orange or green zones in terms of the quantum and severity of the virus spread.

In its morning 8 AM update, the Union Health Ministry put the total number of confirmed COVID-19 cases 96,169 and the death toll at 3,029.

It also said that 36,824 people have so far recovered from the infection.

However, a news agency tally of figures announced by different states and UTs as of 9.40 PM put the number of those having tested positive for the infection at 1,00,096, with a death toll of 3,078 and recoveries at 38,596 across the country.

Maharashtra topped the nationwide tally with over 35,000 confirmed cases and 1,249 deaths, followed by Tamil Nadu with 11,760 confirmed cases and 81 deaths.

Gujarat has also reported 11,746 confirmed cases, while its death toll is higher than that of Tamil Nadu at 694.

Delhi has also crossed the 10,000 mark in terms of the number of confirmed cases, while its death toll has now reached 160.

Gujarat, during the day, recorded 366 new COVID-19 cases and 35 deaths, including 31 from the worst-hit Ahmedabad, taking the state's case count to 11,746 and the number of fatalities to 694, a health department official said.

Maharashtra reported 2,033 new cases, taking the tally to 35,058.

This was the second consecutive day when the state has reported more than 2,000 COVID-19 cases.

Mumbai alone reported 1,185 fresh cases and 23 more deaths, taking the total count of the city to 21,152 and the fatalities to 757.

Of the 1,185 new cases, 300 samples were tested positive in private laboratories between May 12 and 16.

Kerala also saw 29 new cases -- all but one being returnees from overseas and other states --  raising concerns about the state witnessing a possible third wave of the dreaded virus infection.

The state was first to report the virus infection, but at least twice it has already been seen as having flattened the curve of the infection.

The nationwide count of confirmed infections incidentally crossed the crucial one-lakh mark on a day when the fourth phase of the nationwide lockdown kicked in with several relaxations for economic and public activities, barring in containment zones or areas identified as serious hotspots of the virus infection.

Revising its strategy for COVID-19 testing, ICMR also said on Monday that returnees and migrants who show symptoms for influenza-like illness will be tested for coronavirus infection within seven days of ailment and stressed that no emergency clinical procedure, including deliveries, should be delayed for lack of testing.

The Indian Council of Medical Research (ICMR) in its revised strategy for coronavirus testing in India also added that all hospitalised patients who develop symptoms for influenza-like illness (ILI) and frontline workers involved in containment and mitigation of COVID-19 having such signs will also be tested for coronavirus infection through RT-PCR test.

Besides, asymptomatic direct and high-risk contacts of a confirmed case are to be tested once between day five and day 10 of coming in contact, the new document stated.

Asymptomatic contacts of a confirmed case were being tested once between day five and day 14.

The Health Ministry also said that for every one lakh population, there are 7.1 coronavirus cases in India so far as against 60 globally.

It also said the recovery rate of coronavirus cases in India stood at 38.39 per cent.

Besides, India also joined nearly 120 countries at a crucial conference of the World Health Organisation in pushing for an impartial and comprehensive evaluation of the global response into the coronavirus crisis as well as to examine the origin of the deadly infection.

Since the first case of the deadly coronavirus was reported in China last December, more than 47 lakh people have tested for this virus across the world and over 3 lakh have lost their lives.

India is the 11th most affected country, while the US tops the chart with over 14.9 lakh confirmed cases so far.

China's official tally of confirmed infections is less than 84,000, while it has reported more than 4,600 deaths.

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Agencies
May 27,2020

New Delhi, May 27: The government has further extended the deadline for bidding to buy its entire 52.98 per cent stake in the country's second-biggest oil refiner, Bharat Petroleum Corp Ltd (BPCL), by over one-and-a-half months to July 31.

This is the second extension for submission of expression of interest (EoI) for BPCL stake by interested bidders. The government had first invited bids showing interest in buying its stake, by May 2. It was then extended till June 13.

This has now been extended to 5 p.m. on July 31 in "view of further requests received from the interested bidders and the prevailing situation arising out of COVID-19", an official notice put up by disinvestment department DIPAM late on Tuesday said.

Accordingly, the last date for submission of written queries or preliminary information memorandum has been pushed back to June 23 from the earlier deadline of May 16.

The disinvestment in BPCL involves the government selling its entire 52.98 per cent stake in the company to a strategic investor with transfer of management control. The government has barred PSUs from bidding for BPCL and expects private sector Indian players and global MNCs to bid for its stake. The government's stake in BPCL is worth around Rs 50,000 crore.

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