100 Days of Government - New Initiatives/ Developments of Ministry of Food Processing Industries

The Ministry of Food Processing Industries is concerned with formulation and implementation of the policies & plans for the food processing industries within the overall national priorities and objectives. A strong and dynamic food processing sector plays a vital role in reduction in the wastage of perishable agricultural produce, enhancing shelf life of food products, ensuring value addition to agricultural produce, diversification &commercialization of agriculture, generation of employment, enhancing income of farmers and creating surplus for the export of agro & processed foods. In the era of economic liberalization, all segments including private, public and co-operative sectors have defined roles to play and the Ministry promotes their active participation.

            During the first 100 days of the new government, some of the key initiatives/ achievements/ developments in the Ministry of Food Processing are listed below:-

1.      Guidelines being formulated for setting up of a Special fund of Rs.2,000 crore in NABARD to make available affordable  credit to Agro-processing units being setup in designated Food Parks.

2.      Excise duty on machinery for the preparation of meat, poultry, fruits, nuts or vegetables and on presses, crushers and similar machinery used in the manufacture of wine, cider, fruit juices or similar beverages and on packing machinery has been reduced from 10% to 6%.

3.      MOFPI has set up Invest India and part of this initiative and Investors’ guidance Help Desk has become fully operational.  This Help Desk identified food companies in countries such as Japan, Thailand and France, Germany, Netherlands, Italy, Spain, Belgium, Switzerland and Poland.

4.      Approval to 3 (three) Mega Food Park Projects (M/s Pristine Mega Food Part, Khagaria, Bihar; M/s Satara Mega Food Park, Satara, Maharashtra and M/s Poliyan Mega Food Park, Una, Himachal Pradesh) sanctioned in the States of Bihar, Maharashtra and Himachal Pradesh.

5.      83 proposals received in response to the invitation of Expression of Interest (EOI) for setting up of 5 Mega Food Park Projects in the country.

6.      3 (three) approved Cold Chain Projects have become operational which were sanctioned by the Ministry under the scheme of Integrated Cold Chain, Value Addition and Preservation Infrastructure Scheme.  These were (i) Shimla Horticulture, Kolkata, (ii) Sharda Agri Foods Pvt. Ltd., Udham Singh Nagar, Uttarakhand, and (iii) Cold Star Logistic Pvt. Ltd., Mumbai, Maharashtra.

7.      153 proposals have been received for setting up Cold Chain Projects.  IMAC meeting has been held.  It is expected that 18 projects will be approved shortly.

8.      One abattoir project has become operational at Municipal Corporation, Shimla, under the scheme for Setting up/Modernization of Abattoirs of the Ministry.

9.      Management Information System (MIS) for National Mission on Food Processing (NMFP) – Centrally Sponsored Scheme of 12^th Plan was launched, which enables online submission of physical and financial progress reports of various schemes of the mission, by all the State/UT Governments.

10.  Indian Institute of Crop Processing Technology (IICPT), an autonomous institution, under the Ministry has obtained approval of All India Council for Technical Education (AICTE), for its B.Tech Programme.

11.  Skill Development Initiative of the Ministry:  Ministry does not have any specific scheme for Skill Development in the food processing sector.  Accordingly Secretary, Food Processing Industries chaired a meeting on skill development in Food Processing Industries sector and following sub-sectors were identified for mapping of the job roles with an industry partner to lead the process of developing National Occupational Standards (NOS) for the identified job roles as under:

i)          Bakery                       -ITC

ii)         Dairy                          -Nestle India Ltd.

iii)       Grain Processing      -Cargill India Private Ltd.

iv)       Poultry                       -Industry partner to be identified by the Sector Skill Council

v)        Refrigeration               -Amalgam Frozen Food Private Ltd.

vi)       Packaging       -ITC and Indian Instt. Of Packaging, Mumbai

vii)     Quality Control - Shriram Institute of Industrial Research Food Testing

12.  It was decided to target 10,000 persons for training in the next 12 months and the first batch of training to commence in the last week of March, 2015.  NIFTEM in consultation with industry, other technical institutions and NSDC will develop high quality course content in English, Hindi and Regional languages both in print and multi-media for the job roles for each identified sub-sector.  The Ministry has made a provision of Rs.6.00 crore in the BE 2014-15 for this initiative.

13.  A study for Mega Food Park Scheme evaluation was awarded, in pursuance to the directions of Committee on Agriculture on Demand for Grant (2013-14) to “Indian Council for Research on International Economic Relations” (ICIER), New Delhi.

14.  Ministry has awarded a study on feasibility for setting up of Solar Driers in Leh and Kargil of Ladakh region of J&K State has been awarded to National Institute of Solar Energy, New Delhi (Autonomous Institute of Ministry of Non Renewable Energy)

15.  “National Cold Chain Summit 2014” was organised at Guwahati.  Hon’ble MOS, DONER, General (Dr.) V.K.Singh was the Chief Guest.  All concerned Principal Secretaries / Secretaries of Food Processing of North Eastern States and promoters of Cold Chain Projects and various Stake holders have participated in the summit,  which was also attended by Secretary, MOFPI, Chairman WDRA, Additional Secretary, MOFPI, CGM, NABARD,  Secretary, APEDA etc.

16.  A seminar for Creating Awareness on Food Processing and about the Ministry’s schemes was held at Srinagar on 10.6.2014.  This was attended by seminar experts of Food Processing for addressing the Stake holders.  The seminar was also attended by Secretary MOFPI and JS MOFPI and other senior officials of the State Govt.

17.  A Special Drive for weeding out of the old files in the Ministry is continuing and so far 2986 files have been identified for destruction.

            The Ministry is committed to facilitate and act as a catalyst to attract quality investments from within India and abroad into the Food Processing sector with the aim of making this sector a national initiative.

Judicial Appointments Commission bill passed

Rajya Sabha on 14th August passed the landmark National Judicial Appointments Commission Bill, 2014, which was unanimously cleared by the Lok Sabha on 13th August. The Bill was passed by a voice vote. A Constitution Amendment Bill to facilitate the establishment of a Commission to appoint judges to higher judiciary was also passed by majority in the Upper House. This will come into effect only after ratification of the Constitution Amendment Bill by 50 percent state assemblies. 

With this step, the Collegium system of judges appointing judges will be changed with a six-member Commission headed by Chief Justice of India making the appointments and transfers. 

The Constitution Amendment Bill seeks to lay down the architecture for setting up of the National Judicial Appointments Commission (NJAC) through another enabling bill. 

After the bill becomes law, the government will have a say in the appointment of Supreme Court and High Court judges after 21 years. Once the Commission is formed, 266 vacancies for judges in 24 High Courts are likely to be filled expeditiously. The Supreme Court, which has a sanctioned strength of 31, also has one vacancy. The appointment of new judges is also expected to speed up the backlog of legal cases in courts across the country. 

Under the statute amendment bill, Chief Justice of India will head the NJAC. Besides the CJI, the judiciary would be represented by two senior judges of the Supreme Court. Two eminent personalities and the Law Minister will be the other members of the proposed body. 

Important points:

• Parliament has passed the 99th Constitutional Amendment to create a National Judicial Appointments Commission, and another Bill mandating its procedures.
• The commission consists of the Chief Justice of India, his two senior most colleagues, the Law Minister and two eminent persons. The persons last mentioned are to be chosen by the Prime Minister, the Chief Justice and the Leader of the Opposition in the Lok Sabha.
• The commission is to recommend persons for appointment as Chief Justice and other judges of the Supreme Court and the High Courts.
• The Bills as enacted were not circulated for public discussion and comment, although discussion on the broad contours of such a body has been going on for several years.
• These enactments will replace the system which has held sway since 1992. In that year, the Supreme Court virtually rewrote the constitutional provisions which gave primacy to the government in such appointments, obliging consultation with the judiciary but not more.

Inclusion of Jains as a minority community under Section 2(c) of the National Commission for Minorities (NCM) Act, 1992

The Union Cabinet  gave its approval forinclusion of Jains as a minority under Section 2 (c ) of the National Commission for Minorities Act, 1992 and the Attorney General through the Ministry of Law and Justice has opined that this would be neither be illegal nor unconstitutional. The Cabinet approved the inclusion of Jains in the list of notified minority communities under Section 2(c) of the National Commission for Minorities Act, 1992 pending the outcome of court cases in addition to the five communities already notified as minorities under Section 2(c) of the National Commission for Minorities Act, 1992.These communities are Muslims, Christians, Buddhists, Sikhs and Zoroastrians (Parsis) 

Background:

Under Section 2(c) of National Commission for Minorities (NCM) Act, 1992, five religious communities; Muslims, Christians, Sikhs, Buddhists and Parsis are declared as minority communities through a Government Notification issued in October 1993. Thereafter, the Ministry of Minority Affairs has been receiving regular representations and RTI applications for inclusion of Jains as a minority community under this Section. 

Union Cabinet approved a proposal to set up Legislative Council in Assam

Union Cabinet, chaired by Prime Minister Manmohan Singh on 28 November 2013 approved a proposal to create a Legislative Council in Assam.

According to the Article 169 of Constitution of India, Parliament can create or abolish the Legislative councils in States.

According to the proposal, the Legislative Council will have 42 members. As per Article 171 of the Constitution, the total number of members in the Council of a state having such a House shall not exceed one third of the total number of members in the Legislative Assembly of that state. In the case of Assam, the total number of MLAs is 126. 
The Assam state Legislative Assembly had in 2005 and 2010 passed a resolution demanding an Upper House. Political parties and groups believe that members of various communities and ethnic, groups which could not be sent to the Assembly, can be accommodated in the Council for a fair representation. Assam had an Upper House which was abolished after Independence.
The Vidhan Parishad (or Legislative Council) is the upper house in the states of India that have a bicameral legislature. 
As of 2011, six Indian states viz. Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, and Uttar Pradesh have a Legislative Council. 
A Bill to create a Legislative Council in Rajasthan was introduced in Parliament recently and it is pending with the Standing Committee.

Name of the state	Number of seats in Legislative Assembly	Number of seats in Legislative Council
Andhra Pradesh	294	90
Bihar	243	75
Jammu and Kashmir	87	36
Karnataka	224	75
Maharashtra	288	78
Uttar Pradesh	403	100

The Constitution (Scheduled Tribes) Order (Second Amendment) Bill, 2013 Passed By Rajya Sabha

The Constitution (Scheduled Tribes) Order (Second Amendment) Bill, 2013 was passed by the Rajya Sabha on 6 September 2013. The Constitution (Scheduled Tribes) Order (Second Amendment) Bill was introduced in the Lok Sabha on 14 December 2012 by the Minister of Tribal Affairs, V. Kishore Chandra Deo. The Bill was passed by the Lok Sabha on 24 August 2013.

Objective of the Bill:

The Bill seeks to amend the Constitution (Scheduled Tribes) Order, 1950 to modify the list of Scheduled Tribes in the states of Kerala and Chhattisgarh.

Major highlights of the Bill:

• Article 342 of the Constitution of India states that the President may notify the Scheduled Tribes in a state after consultation with the Governor of the state.  The President issued the 1950 Order, in accordance with this Article. 
• According to the Article 342 of the Constitution of India, Scheduled Tribes means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of India Constitution.
• The Bill amended the Schedule of the 1950 Order to include certain groups as Scheduled Tribes.  The Marati community is being re-included in the list of Scheduled Tribes in Kerala.  
• Scheduled Tribe status is being granted to the Particularly Vulnerable Tribal Groups namely Abujh Maria and Hill Korwa in the list of Scheduled Tribes in Chhattisgarh.

Amendments in the Parliament (Prevention of Disqualification) Act, 1959 Approved

The Union Cabinet of India on 9 May 2013 gave its approval to Amendments in the Parliament (Prevention of Disqualification) Act, 1959 by introducing a Bill in the Parliament named Parliament (Prevention of Disqualification) Amendment Bill, 2013.

The Section 3 of the Parliament (Prevention of Disqualification) Act, 1959, has been amended time to time. It lists certain offices of profit under the Government of India or the Government of any State, which do not disqualify the holders thereof for being chosen as, or for being, a Member of Parliament. The Chairperson of the National Commission for Scheduled Castes and Scheduled Tribes is exempted from such disqualification under Sub-clause (ii) of clause (ba) of section 3 of the Parliament (Prevention of Disqualification) Act, 1959. 

By the 89th Amendment Act of 2003 of the Constitution of India, the National Commission for Scheduled Castes and Tribes was bifurcated into two independent Commissions namely the National Commission for the Scheduled Castes and the National Commission for the Scheduled Tribes. With the 89th amendment Act Article 338 of the Constitution was amended and a new article, namely, Article 338A was inserted in the Constitution.

Judges Appointed to the Supreme Court

In exercise of the powers conferred by clause (2) of Article 124 of the Constitution of India, the President has appointed Shri Justice Arjan Kumar Sikri, Chief Justice of the Punjab & Haryana High Court and Shri Justice Sharad Arvind Bobde, Chief Justice of the Madhya Pradesh High Court, as Judges of the Supreme Court of India, in that order of seniority, with effect from the date they assume charge of their office. 

Supreme Court to examine constitutional validity of Juvenile Justice Act

The Supreme Court decided to examine the constitutional validity of the provision giving the definition of juvenile in the Juvenile Justice Act which treats a person as a minor till he attains the age of 18 years. The issue assumes significance in the wake of the brutal gang rape and assault of a 23-year-old in Delhi on December 16 in a moving bus that shook the conscience of the nation. The victim died in a Singapore hospital on December 29. One of the six accused in the case is a juvenile. Attorney General G. E. Vahanvati was asked by the apex court to assist on the issue raised in a petition which seeks to strike down the definition of juvenile from the Juvenile Justice (Care and Protection of Children) Act.

A bench comprising justices K. S. Radhakrishnan and Dipak Misra decided to hear the matter from April 3, and asked the Attorney General to file counter affidavits and relevant reports relating to the issue. The petition, filed by two advocates - Kamal Kumar Pandey and Sukumar — contended that sections 2(k), 10 and 17 of the JJ Act which deals with the issue were irrational and ultra vires of the Constitution. The counsel, appearing for the petitioners, submitted that the constitutional validity of the definition of juvenile in the Act is in conflict with the law. The counsel said that the definition of juvenile under section 82 and 83 of the IPC is a much better classification. 

Official Amendments to Lokpal and Lokayuktas Bill, 2011

The Union Cabinet has approved the proposals submitted by the Department of Personnel & Training for moving official amendments to the Lokpal and Lokayuktas Bill, 2011 as reported by the Select Committee of Rajya Sabha. 

The Lokpal and Lokayuktas Bill, 2011 was passed by the Lok Sabha on 27th December, 2011. The Bill was taken up for discussion and passing in the Rajya Sabha on 29.12.2011. Discussions remained inconclusive. Thereafter, the Rajya Sabha adopted a motion on 21.05.2012 to refer the Bill to a Select Committee of the Rajya Sabha for examination and report. 

The Select Committee submitted its report to the Rajya Sabha on 23.11.2012. The Select Committee has, in its Report, made recommendations suggesting amendments to Clause 3(4), 4(1 )(e), 14(1)(g), 14(1)(h), 20(1), 20(2), 20(3), 20(5), 20(6), 20(7), 20(8), 23, 25, 37, 46, 63-97 and Part-II of the Schedule. The Committee has also recommended consequential amendments in other provisions of the Bill as may be necessary. 

Significantly, the Committee has recommended to do away with Part-III of the Bill which deals with setting up of the Lokayukta in the States. The Committee has recommended replacement of Part-Ill of the Bill with a new Section 63 which provides for setting up of the institution of Lokayukta through enactment of a law by the State Legislature within a period of 365 days from the date of commencement of the Act. Government has decided to accept this recommendation. 

Some of the other important recommendations made by the Committee and decisions taken by the Government on them are as follows: 

(a) In clause 3(4) of the Bill (dealing with disqualifications for becoming Member of Lokpal), the Select Committee has recommended that the words "connected with any political party" may be replaced by the words "affiliated with any political party", so as to overcome the ambiguity associated with the word "connected with any political party`". Government has decided to accept this recommendation. 

(b) In clause 4(1 )(e) of the Bill (composition of the Selection Committee for selection of Lokpal), the Select Committee has recommended that the fifth member of the Selection Committee (i.e., eminent jurist) may be nominated by the President on the basis of recommendation of the first four members of the Selection Committee (viz.. Prime Minister, Speaker (Lok Sabha), Leader of Opposition (Lok Sabha) and Chief Justice of India). Government has decided to accept this recommendation. 

(c) The Select Committee has recommended exclusion of bodies and institutions receiving donations from the public from the purview of Lokpal. Since bodies receiving donations from the public were also covered in the original Lokpal Bill, 2011 and the Department related Parliamentary Standing Committee had also endorsed this inclusion and had additionally, recommended the inclusion of entities receiving donations from foreign sources under the Foreign Contributions Regulation Act (FCRA), Government has decided not to accept this recommendation and seek an official amendment in the Bill as reported by the Select Committee. However, having regard to Section 10(23BBA) of the Income Tax Act (regarding exemption of income of bodies /authorities established under Central or Provincial Act for administration of public religious or charitable trusts or endowments or societies for religious or charitable purposes registered under Societies Registration Act), Government has decided to exempt only such bodies or authorities established, constituted or appointed by or under any Central or State or Provincial Act providing for administration of public religious or charitable trusts or endowments or societies for religious or charitable purposes registered under the Societies Registration Act. 

(d) In clause 20(1) of the Bill, the Select Committee has recommended that the Lokpal should be given the power to order an investigation straightaway (without first ordering a preliminary inquiry) in case Lokpal finds that a prima facie case exists. Government has decided to accept this recommendation subject to the modification that the Lokpal should, before coming to a conclusion that there exists a prima facie case for entrusting the matter for investigation, call for the explanation of the public servant and only then decide whether there exists a prima facie case for ordering investigation. 

(e) The Committee has recommended that in clause 20(2) of the Bill, the seeking of comments from the public servant during the preliminary inquiry should not be mandatory and has accordingly suggested the addition of the word "may" in the said clause. As the affording of an opportunity to the public servant and to the government/competent authority at this stage, would help clear doubts in several cases and would substantially reduce the number of cases going for regular investigation. Government has decided to oppose this recommendation of the Select Committee and move an official amendment for the purpose. Similar recommendation of the Select Committee to dispense with opportunity of hearing to the public servant before ordering regular investigation by the Lokpal in clause 20(3) of the Bill, is also proposed not to be accepted. 

(f) The Select Committee has recommended that the power to grant sanction for prosecution of public servants could be shifted to the Lokpal in place of the Government. The Select Committee has also recommended that Lokpal may be required to seek comments of the competent authority and the public servant before taking such decision. Government has decided to accept this recommendation. 

(g) The Select Committee has recommended a number of amendments in the Bill with a view to strengthening the Central Bureau of Investigation (CBI), including (i) the setting up of a Directorate of Prosecution headed by a Director of Prosecution under the overall control of Director, CBI, (ii) the appointment of the Director of Prosecution on the recommendation of the Central Vigilance Commission, (iii) maintenance of a panel of advocates by CBI, other than Government Advocates, with the consent of the Lokpal for handling Lokpal referred cases, (iv) transfer of officers of CBI investigating cases referred by Lokpal with the approval of Lokpal, (v) provision of adequate funds to CBI for investigating cases referred by Lokpal, etc. Government has decided to accept all these recommendations except one. i.e. seeking approval of Lokpal for transfer of officers of CBI investigating cases referred by Lokpal, as it would, in Government`s view, affect the smooth functioning of the CBI. 

Parliamentary Standing Committee recommended Entitlement of Food for 67 percent Population

The Parliamentary Standing Committee on Food and Consumer Affairs in January 2013 suggested the entitlement of the food under the National Food Security Act to the 67 percent population leaving behind the 33 percent people who are tax-payers and have pucca houses of their own. 

The Priority (BPL-below poverty line) and general (APL-above poverty line) are to be replaced with the exclusion and inclusion categories. The beneficiaries would be identified by the state government for the public distribution system of the subsidized rice and wheat. 

As per the plans of the standing committee the Union Government would be distributing the subsidized food grains to the 67 percent population that includes 75 percent rural and 50 percent urban population. 

This act was sent to the Parliamentary Panel for its reference in December 2011 after it was tabled in the Lok Sabha and was followed by the demands of the Food Security Bill. 

Parliamentary Committees 

The Parliamentary committees are constituted to take care of the legislative businesses of the Parliament and it comprises of several committees. 

Among these the two main committees are: 

•    The Ad hoc Committee 
•    The Standing Committee 

Ad hoc Committee – these are appointed for specific purpose and they are dissolved after the task assigned to them is completed and the final report is submitted. These committees are the joint and select committees over the Bills and are appointed for specific purposes like Committees on the Draft Five Year Plans, Railway Convention Committee, Hindi Equivalents Committee and more. 

The Standing Committee – Each house of the Indian Parliament are supported by standing committees, which includes the Committee on Petitions, the Business Advisory Committee, the Rules Committee, the Committee of Privileges and more.

Khap Panchayats’ Diktat on Dress Code for Women Unlawful

The Supreme Court of India on 14 January 2013 ruled that Khap Panchayats' diktat on dress code for women and asking them not to carry mobile is unlawful. A bench of justices Aftab Alam and Ranjana Prakash Desai ruled that such diktats are against the fundamental right to life and asked Khap Panchayats, which are caste-based councils, to file their replies on the issue. Right to life is guaranteed to all the citizens of India under Article 21 of the Constitution of India.  

Article 21 in the Constitution of India 1949
Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.

Chairman of the 20th Law Commission Appointed

Justice D. K. Jain, Judge, Supreme Court of India, will be the Chairman of the Twentieth Law Commission of India. According to the Notification issued here today, the appointment of Justice Jain will be effective from any day after 24^th January 2013 on his retirement from the Supreme Court.       

The Twentieth Law Commission was constituted through a Government Order with effect from 1^st September, 2012. It has a three-year term ending on 31^st August, 2015.

The Terms of Reference of the Twentieth Law Commission include the following:

A.  Review/Repeal of obsolete laws: i).    Identify laws which are no longer needed or relevant and can be immediately repealed; Ii) Identify laws which are not in harmony with the existing climate of economic liberalization and need change; iii) Identify laws which otherwise require changes or amendments and to make suggestions for their amendment; iv) Consider in a wider perspective the suggestions for revision/ amendment given by Expert Groups in various Ministries/Departments with a view to coordinating and harmonizing them; v) Consider references made to it by Ministries/ Departments in respect of legislation having bearing on the working of more than one Ministry/Department; vi) Suggest suitable measures for quick redressal of citizens grievances, in the field of law.

    B. Law and Poverty: i)   Examine the Laws which affect the poor and carry out post-audit for socio-economic legislations; ii)  Take all such measures as may be necessary to harness law and the legal process in the service of the poor. 

C. Keep under review the system of judicial administration to ensure that it is responsive to the reasonable demands of the times and in particular to secure: i) Elimination of delays, speedy clearance of arrears and reduction in costs so as to secure quick and economical disposal of cases without affecting the cardinal principle that decision should be just and fair; ii)  Simplification of procedure to reduce and eliminate technicalities and devices for delay so that it operates not as an end in itself but as a means of achieving justice; iii)  Improvement of standards of all concerned with the administration of justice.

D.  Examine the existing laws in the light of Directive Principles of State Policy and to suggest ways of improvement and reform and also to suggest such legislations as might be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble to the Constitution.

E.  Examine the existing laws with a view for promoting gender equality and suggesting amendments thereto. 

F.  Revise the Central Acts of general importance so as to simplify them and to remove anomalies, ambiguities and inequities. 

G. Recommend to the Government measure for making the statute book up-to-date by repealing obsolete laws and enactments or parts thereof which have outlived their utility.

H. Consider and to convey to the Government its views on any subject relating to law and judicial administration that may be specifically referred to it by the Government through Ministry of Law and Justice.

Lok Sabha has cleared status to backward areas in Hyderabad-Karnataka

Lok Sabha has cleared a Constitution amendment bill that will grant special status to six backward districts in the Hyderabad-Karnataka region, with provision for reservation in education and jobs for locals.
 

The Constitution (118th Amendment) Bill, 2012 to insert a new Article 371-J to provide special recognition for the six backward districts of North Karnataka -- Gulbarga, Yadgir, Raichur, Bidar, Koppal and Bellary -- was passed unanimously on December 18.

The bill was passed with overwhelming majority as all the members present voted in favour. The bill, which required two-third majority, got 347 votes and none against.

The bill provides for establishment of a separate Development Board and equitable allocation of funds for development of the region.

Besides, it would provide quota in public employment through constitution of local cadres and reservation in education and vocational training institutions for those who belong to the region by birth or by domicile.

The demand for a special status has been long pending. The Karnataka Assembly and Legislative Council had passed resolutions in 2010 for making special provisions for this area.

Rajya Sabha passes 117th Constitutional Amendment bill

The Rajya Sabha on December 17 gave its nod to the 117th Constitution Amendment Bill providing reservation to Scheduled Castes and Scheuduled Tribes in promotions in govt jobs.  

Rajya Sabha passed the bill with overwhelming majority with the amendments moved by Minister of State in Prime Minister's Office V Narayanasamy.
206 members voted in favour of the bill while ten members voted against it. The Bill required two-third majority.
The bill provides for amendments to Article 16(4) of the Constitution that will allow states to reserve seats in promotion for SCs, STs without collecting data to show the backwardness of class and the inadequacy of that class in public appointments.
Government earlier said that the officers belonging to general category need not worry from the proposed constitution amendment bill as it will not affect their promotion avenues.

National Commission for Scheduled Tribes

The National Commission for the Scheduled Tribes (NCST) has informed that Clause (5) of Article 338 A of the Constitution vests with the NCST the duty to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes, to inquire into specific complaints with respect to deprivation of rights and safeguards and to participate and advise in the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development. Accordingly, the recommendations of the Commission are of two types. One relating to violation of rights and safeguards and the other relating to socio-economic development of Scheduled Tribes. Wherever, the recommendations of the NCST highlight violation of the Constitutional rights and safeguards provided for the Scheduled Tribes, the Authority concerned is mandated to rectify the violation by accepting the recommendation of the NCST. As regards recommendation relating to development issues and change of existing policy or evolving a new policy relating to Scheduled Tribes, such recommendation has to be examined and considered as per laid down procedure.

Utilisation of Power of Gram Panchayats in UP

As per Article 243G of the Constitution, the Legislature of a State may, by law, endow Panchayats with such powers and authority as may be necessary to enable them function as institutions of self-government and for preparation of  plans and implementation of schemes for economic development and social justice including 29 matters listed in the Eleventh Schedule. As per Article 243A, a Gram Sabha may exercise such power and perform such functions as the legislature of a State may, by law, provide.  States vary in the extent to which they have devolved powers to the Panchayats and Gram Sabhas.   The status of devolution of funds, functions and functionaries to Panchayats by States is at Annexure.  Ministry of Panchayati Raj (MoPR) has continuously urged all States, including Government of Uttar Pradesh, to devolve powers to the Panchayats in accordance with the constitutional stipulation. 

Reservation in Promotion

The Supreme Court in the matter of M. Nagaraj case, while upholding validity of the Constitution amendments regarding reservation in promotion to the Scheduled Castes and Scheduled Tribes, has laid down certain pre-requisite conditions for providing reservation in promotion to SCs and STs, namely the State has to see about inadequacy of representation, backwardness of the class and efficiency of administration. To overcome these pre-requisite conditions, the Government proposed to introduce a bill to amend the Constitution. Opinion of the Attorney General of India was sought on the proposed bill and he had not opined that the Bill on the Constitutional amendment for reservation of Scheduled Castes/Scheduled Tribes in promotion in the Government jobs was erroneous.

The Bill aims to amend Article 16(4A) so as to continue with existing provisions of reservation in promotion to the Scheduled Castes and Scheduled Tribes, without any impediment.

Setting up of Commissions For Minorities

The National Commission for Minorities was established under the “National Commission for Minorities Act, 1992” on 5th July 1993 to look after the welfare of the five notified minorities. Further, as a follow up of the Sachar Committee recommendation for setting up of an Equal Opportunity Commission (EOC) to look into the grievances of the deprived groups, the Government constituted an Expert Group to recommend the structure, scope and functions along with advice on an appropriate legislative framework of the proposed Equal Opportunity Commission. Giving this information in written reply to a question in the Lok Sabha, Shri Salman Khurshid, Minister of Minority Affairs, said that the Expert Group submitted its Report along with a Draft Bill. The Report of the Expert Group was examined and a proposal for setting up of an Equal Opportunity Commission was considered. The Draft Equal Opportunity Commission Bill, 2011 has been circulated to various Ministries/Departments and comments of most of the Ministries have been received and the proposal is being processed.

Powers of the National Commission for Minorities

The National Commission for Minorities (NCM) is a statutory organization constituted under NCM Act, 1992. Under section 9(4) of this Act, it has power of a civil court for summoning and examining witnesses under oath etc. Under section 9(1)(d), the Commission is empowered to look into specific complaints regarding deprivation of rights and safeguards of the minorities and take up such matters with the appropriate authorities. Giving this information in written reply to a question in the Lok sabha, Minister of State for Minority Affairs, Shri Vincent H. Pala, has said that under section 9(1)(b) & 9(1)(c) the NCM has powers to monitor the working of the safeguards provided in the constitution and in laws enacted by the Parliament and the State Legislatures and make recommendations for the effective implementation of safeguards for the protection of the interest of minorities by the Central Government or the State Governments.

Presidential Election 2012