Chidambaram, Khurshid in row over Enemy Property Bill
Vishwa Mohan, TNN, Oct 21, 2010, 01.14am IST
NEW DELHI: The Union Cabinet on Wednesday approved a bill meant to amend the Enemy Property Act 1968, after a heated exchange between home minister P Chidambaram and minority affairs minister Salman Khurshid.
Sources in the Cabinet said sparks flew in the meeting when Khursheed expressed reservations about the way the home ministry had handled the matter after courts restored "enemy properties" to Raja of Mehmoodabad M A M Khan and others.
Chidambaram, according to those present, responded, saying the minority affairs minister had been the Raja's counsel and this indicated a conflict of interest.
With Khurshid also retorting, PM Manmohan Singh had to intervene to calm matters down. Singh is said to have remarked that enough was enough, and it was time to put an end to the argument.
The confiscated properties were declared "enemy property" after the 1965 war with Pakistan and have been placed under state-appointed custodians.
The bill stipulates that the custodian's control will cease to exist in case of those "enemy properties" whose titles were settled by courts in favour of a "legal heir", who is an Indian citizen by birth, before July 2 this year. The Raja of Mehmoodabad will be the biggest beneficiary if the proposed legislation gets Parliament's nod, as the courts have recognized his claim over properties worth hundreds of crores, including sprawling real estate in Lucknow and various UP towns.
But Raja's worries are not going to abate, considering that the bill has to be cleared by Parliament's standing committee on home. The panel is headed by BJP's M Venkaiah Naidu and includes party veteran L K Advani, not a comforting position for the Raja, considering BJP's opposition to the move to let the properties go back to the descendants of those who left for Pakistan.
The proposed amendments will, however, end the scope for any fresh litigation in the matter and virtually give the Centre absolute power to take decision on divestment.
The proposed law — the Enemy Property (Amendment and Validation) Second Bill, 2010 — says, ''The enemy property shall continue to vest in the custodian till it is divested by the central government and enemy property could be divested only to owner or his lawful heir." Other proposed amendments include transfer of any enemy property shall not include any transfer or any claim of transfer made through oral will or oral gift, or if it has been done without permission of competent authority and "no court shall order divestment from custodian or direct central government to divest enemy property".
---http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTC8yMDEwLzEwLzIxI0FyMDAxMDA=&Mode=Gif&Locale=english-skin-custom
Thursday, October 21, 2010
Tuesday, October 19, 2010
Civil Services Examination...a new beginning...much awaited indeed!
New syllabus for 2011 prelims
UPSC Wants To Test Candidates’ Aptitude More Than Their Subject Knowledge
Vishwa Mohan TNN
New Delhi: Introducing a system of level-playing field for aspirants of India’s elite services—IAS, IFS, IPS and others—the Union Public Service Commission (UPSC) has come out with a new syllabus for the 2011 preliminary examination, which among other skills and aptitude of the candidates will test their knowledge on “environmental ecology, bio-diversity and climate change”.
The aspirants will also be tested for English language comprehension skills. As of now, the English language test is part of qualifying papers without having any weightage in the civil services (Main) examination. Those with good English skills could now stand a greater chance to qualify for the main. The new syllabus will have two common papers of 200 marks each, unlike the current system that gives more weightage to subject paper (300 marks) than the common general awareness paper (150 marks).
Most government panels had advocated for laying greater emphasis on “aptitude” of candidates than their subject knowledges, arguing that specialists or experts of any particular subject may not necessarily be good civil servants. “The new syllabus will provide a level-playing field and equity, since all candidates will have to attempt common papers unlike the current format which provides for only one common paper,” an official said.
The first paper under the new syllabus will be more or less like the current general awareness paper with certain additions to it on issues like climate change and biodiversity.
The second paper—being introduced by replacing the optional (subject) paper-—will have aptitude, data interpretation and English language comprehension skills, more or less on the lines of MBA entrance test in India.
The second paper comprises general comprehension; inter-personal skills, including communication skills; logical reasoning and analytical ability; decision making and problem solving; general mental ability; basic numbers and their relations (secondary level); and data interpretation (charts, graphs, tables and data sufficiency). The English language comprehension skills will also be of secondary level.
The first paper, on the other hand, will test civil services aspirants on current events of national and international importance, Indian history, Indian and world geography, Indian polity and governance, economic and social development and general science, besides environmental ecology, bio-diversity and climate change.
The new syllabus is only meant for preliminary examination, which shortlists candidates for the CS (Main) Examination. “The syllabus for the CS (Main) will be changed in due course,” a ministry of personnel official said.
TESTING TIMES
• In 2011 UPSC prelims, candidates will be tested on environmental ecology, biodiversity and climate change and English language comprehension skills
• There will now be 2 common papers of 200 marks each, unlike 300 marks for subject paper and 150 for general awareness now
• The first paper will be like general awareness plus questions on climate change and bio-diversity
• The second paper will have aptitude, data interpretation and English language comprehension skills, more or less on the lines of MBA entrance tests in India
---http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTS8yMDEwLzEwLzE5I0FyMDE1MDA=&Mode=Gif&Locale=english-skin-custom
UPSC Wants To Test Candidates’ Aptitude More Than Their Subject Knowledge
Vishwa Mohan TNN
New Delhi: Introducing a system of level-playing field for aspirants of India’s elite services—IAS, IFS, IPS and others—the Union Public Service Commission (UPSC) has come out with a new syllabus for the 2011 preliminary examination, which among other skills and aptitude of the candidates will test their knowledge on “environmental ecology, bio-diversity and climate change”.
The aspirants will also be tested for English language comprehension skills. As of now, the English language test is part of qualifying papers without having any weightage in the civil services (Main) examination. Those with good English skills could now stand a greater chance to qualify for the main. The new syllabus will have two common papers of 200 marks each, unlike the current system that gives more weightage to subject paper (300 marks) than the common general awareness paper (150 marks).
Most government panels had advocated for laying greater emphasis on “aptitude” of candidates than their subject knowledges, arguing that specialists or experts of any particular subject may not necessarily be good civil servants. “The new syllabus will provide a level-playing field and equity, since all candidates will have to attempt common papers unlike the current format which provides for only one common paper,” an official said.
The first paper under the new syllabus will be more or less like the current general awareness paper with certain additions to it on issues like climate change and biodiversity.
The second paper—being introduced by replacing the optional (subject) paper-—will have aptitude, data interpretation and English language comprehension skills, more or less on the lines of MBA entrance test in India.
The second paper comprises general comprehension; inter-personal skills, including communication skills; logical reasoning and analytical ability; decision making and problem solving; general mental ability; basic numbers and their relations (secondary level); and data interpretation (charts, graphs, tables and data sufficiency). The English language comprehension skills will also be of secondary level.
The first paper, on the other hand, will test civil services aspirants on current events of national and international importance, Indian history, Indian and world geography, Indian polity and governance, economic and social development and general science, besides environmental ecology, bio-diversity and climate change.
The new syllabus is only meant for preliminary examination, which shortlists candidates for the CS (Main) Examination. “The syllabus for the CS (Main) will be changed in due course,” a ministry of personnel official said.
TESTING TIMES
• In 2011 UPSC prelims, candidates will be tested on environmental ecology, biodiversity and climate change and English language comprehension skills
• There will now be 2 common papers of 200 marks each, unlike 300 marks for subject paper and 150 for general awareness now
• The first paper will be like general awareness plus questions on climate change and bio-diversity
• The second paper will have aptitude, data interpretation and English language comprehension skills, more or less on the lines of MBA entrance tests in India
---http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTS8yMDEwLzEwLzE5I0FyMDE1MDA=&Mode=Gif&Locale=english-skin-custom
Sunday, October 17, 2010
Karnataka crisis:...It finally ended in favour of BSY....Will it last?...Eyes set on HC's hearing scheduled for Oct. 18
All Abuzz As BSY Readies For Retake
Fresh Confidence Vote on October 14
Vishwa Mohan & Asha Rai
TIMES NEWS NETWORK
New Delhi/Bangalore: The BJP saw him as a tormentor, but governor H R Bhardwaj has ended up, if unwittingly, a benefactor for the B S Yeddyurappa government, and may even help it survive the life-threatening crisis.
The BJP on Tuesday seized upon Bhardwaj’s ‘offer’ to allow a fresh majority test in which the numbers are likely to favour it.
Unfortunately, the second trust vote, on Thursday, is unlikely to resolve the political crisis facing the state as the Karnataka High Court has
posted for October 18 the next hearing on petitions submitted by the 16 dissident MLAs against Speaker KG Bopaiah’s decision to disqualify them.
The HC reserved its order on the petitions of 11 disqualified BJP legislators, while setting October 18 as the next day of hearing on petitions from the five similarly placed independents. The vacation bench of the Karnataka High Court heard the arguments of the 11 dissident BJP MLAs on Tuesday morning, and those of the 5 independent dissidents in the afternoon. As the latter wanted to make an amendment to their plea, the hearing was postponed to Monday, leaving the state in a state of flux.
Interestingly, the BJP had initially attacked the governor’s ‘offer’, demanding his recall. Its mood changed after the court desisted from staying operation of the order terminating membership of the 16 MLAs. “I am going to seek a vote of confidence on the 14th at 11am. I am confident of winning the vote of confidence,’’ Yeddyurappa declared after a meeting with members of the BJP core group in New Delhi.
The BJP legislators camping in Delhi left for Bangalore on Tuesday night.
Much hinges on the high court’s interpretation of the Constitution and its reading of the precedents. If the high court, next week, rules that the disqualification of the MLAs was invalid, it would set the cat among the pigeons once again and put the governor in the piquant situation of having to ask the CM to prove his majority for a third time in less than 10 days — something unheard in the history of India.
Asking for a second trust vote within days of the first one is unprecedented as the law stipulates that there should be a gap of six months. However, the governor has held that the first confidence vote was not valid given the bizarre circumstances under which it was held.
Bhardwaj, who on Monday had recommended dismissal of the government, cloaked the Uturn as an act of sympathy. In fact, however, he had to retrace his step after the Centre frowned upon his haste, fearing that it could be politically counter-productive by giving the BJP an opportunity to play victim.
At the press conference in Bangalore, Bhardwaj tried to sound magnanimous, though many discerned a streak of imperiousness when he claimed how he had shown sympathy for Yeddyurappa when the CM was in tears.
The BJP, which on Tuesday seized upon governor H R Bhardwaj’s ‘offer’ to allow a fresh majority test, is cautiously optimistic about its chances of passing the floor test on Thursday.
With the high court not staying disqualification of the independents and the 11 BJP rebels, the party has to just hold on to the tally of 105 it notched on Monday to go past the new magic figure of 104. It also has the cushion of Speaker Bopaiah’s casting vote. However, the party leadership has resolved to win the contest on Thursday by a margin of more than five votes in order to nip the argument that Yeddyurappa’s government could win only after disqualifying the five independents.
With the JD(S), led by the father-son duo of HD Deve Gowda and HD Kumaraswamy, equally determined to thwart the ruling party, the stage seems set for intense horse-trading and a repeat of the mayhem seen on Monday.
In the meantime, hectic parleys continued within the various political groupings in Bangalore. The opposition, keen to keep its flock together, moved the dissidents MLAs to a resort on the outskirts of the city. The JD(S) was in the thick of the action as it has the most to gain if its current coup translates into a power grab.
Prime Minister Manmohan Singh on Tuesday deliberated with his cabinet colleagues from Karnataka the political situation in the state.
VERBAL DUEL ON A DIFFERENT PITCH
I am prepared to give you another opportunity to hold a fresh vote to support your contention by October 14 at 11 am... The chief minister was in tears ... I had sympathy for him. I have fully cooperated with him on all matters — H R Bhardwaj, GOVERNOR
I am confident of winning the vote of confidence on the 14th... I have been facing difficulties since the past two-and-half years. I have tackled them successfully and this time also I’ll overcome them —B S Yeddyurappa, CHIEF MINISTER
It is a constitutional issue. We want to do justice. We have to have discussions for that. What if the verdict is given on Monday or thereafter? What difference does it make — HC bench hearing disqualified MLAs’ appeals
Nothing wrong... The governor is well within his constitutional rights to ask the CM to prove majority for the second time... What took place on Monday was unconstitutional — B K Hariprasad
AICC GEN SECY
In the history of India have you heard anybody being given an opportunity twice to prove the vote of confidence? This is unconstitutional— H D Kumaraswamy, JD(S) STATE CHIEF
---http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JQkcvMjAxMC8xMC8xMyNBcjAwMTAw&Mode=Gif&Locale=english-skin-custom
Fresh Confidence Vote on October 14
Vishwa Mohan & Asha Rai
TIMES NEWS NETWORK
New Delhi/Bangalore: The BJP saw him as a tormentor, but governor H R Bhardwaj has ended up, if unwittingly, a benefactor for the B S Yeddyurappa government, and may even help it survive the life-threatening crisis.
The BJP on Tuesday seized upon Bhardwaj’s ‘offer’ to allow a fresh majority test in which the numbers are likely to favour it.
Unfortunately, the second trust vote, on Thursday, is unlikely to resolve the political crisis facing the state as the Karnataka High Court has
posted for October 18 the next hearing on petitions submitted by the 16 dissident MLAs against Speaker KG Bopaiah’s decision to disqualify them.
The HC reserved its order on the petitions of 11 disqualified BJP legislators, while setting October 18 as the next day of hearing on petitions from the five similarly placed independents. The vacation bench of the Karnataka High Court heard the arguments of the 11 dissident BJP MLAs on Tuesday morning, and those of the 5 independent dissidents in the afternoon. As the latter wanted to make an amendment to their plea, the hearing was postponed to Monday, leaving the state in a state of flux.
Interestingly, the BJP had initially attacked the governor’s ‘offer’, demanding his recall. Its mood changed after the court desisted from staying operation of the order terminating membership of the 16 MLAs. “I am going to seek a vote of confidence on the 14th at 11am. I am confident of winning the vote of confidence,’’ Yeddyurappa declared after a meeting with members of the BJP core group in New Delhi.
The BJP legislators camping in Delhi left for Bangalore on Tuesday night.
Much hinges on the high court’s interpretation of the Constitution and its reading of the precedents. If the high court, next week, rules that the disqualification of the MLAs was invalid, it would set the cat among the pigeons once again and put the governor in the piquant situation of having to ask the CM to prove his majority for a third time in less than 10 days — something unheard in the history of India.
Asking for a second trust vote within days of the first one is unprecedented as the law stipulates that there should be a gap of six months. However, the governor has held that the first confidence vote was not valid given the bizarre circumstances under which it was held.
Bhardwaj, who on Monday had recommended dismissal of the government, cloaked the Uturn as an act of sympathy. In fact, however, he had to retrace his step after the Centre frowned upon his haste, fearing that it could be politically counter-productive by giving the BJP an opportunity to play victim.
At the press conference in Bangalore, Bhardwaj tried to sound magnanimous, though many discerned a streak of imperiousness when he claimed how he had shown sympathy for Yeddyurappa when the CM was in tears.
The BJP, which on Tuesday seized upon governor H R Bhardwaj’s ‘offer’ to allow a fresh majority test, is cautiously optimistic about its chances of passing the floor test on Thursday.
With the high court not staying disqualification of the independents and the 11 BJP rebels, the party has to just hold on to the tally of 105 it notched on Monday to go past the new magic figure of 104. It also has the cushion of Speaker Bopaiah’s casting vote. However, the party leadership has resolved to win the contest on Thursday by a margin of more than five votes in order to nip the argument that Yeddyurappa’s government could win only after disqualifying the five independents.
With the JD(S), led by the father-son duo of HD Deve Gowda and HD Kumaraswamy, equally determined to thwart the ruling party, the stage seems set for intense horse-trading and a repeat of the mayhem seen on Monday.
In the meantime, hectic parleys continued within the various political groupings in Bangalore. The opposition, keen to keep its flock together, moved the dissidents MLAs to a resort on the outskirts of the city. The JD(S) was in the thick of the action as it has the most to gain if its current coup translates into a power grab.
Prime Minister Manmohan Singh on Tuesday deliberated with his cabinet colleagues from Karnataka the political situation in the state.
VERBAL DUEL ON A DIFFERENT PITCH
I am prepared to give you another opportunity to hold a fresh vote to support your contention by October 14 at 11 am... The chief minister was in tears ... I had sympathy for him. I have fully cooperated with him on all matters — H R Bhardwaj, GOVERNOR
I am confident of winning the vote of confidence on the 14th... I have been facing difficulties since the past two-and-half years. I have tackled them successfully and this time also I’ll overcome them —B S Yeddyurappa, CHIEF MINISTER
It is a constitutional issue. We want to do justice. We have to have discussions for that. What if the verdict is given on Monday or thereafter? What difference does it make — HC bench hearing disqualified MLAs’ appeals
Nothing wrong... The governor is well within his constitutional rights to ask the CM to prove majority for the second time... What took place on Monday was unconstitutional — B K Hariprasad
AICC GEN SECY
In the history of India have you heard anybody being given an opportunity twice to prove the vote of confidence? This is unconstitutional— H D Kumaraswamy, JD(S) STATE CHIEF
---http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JQkcvMjAxMC8xMC8xMyNBcjAwMTAw&Mode=Gif&Locale=english-skin-custom
Karnataka crisis:....Are the mining lobbies playing their games?
Day of disgrace leaves K’taka govt on brink
Guv Calls For Prez Rule After Chaotic Trust Vote
Asha Rai & Vishwa Mohan \ TNN
Bangalore/New Delhi:
The Karnataka High Court holds the key to the survival of the BJP government, after Governor H R Bhardwaj on Monday recommended its dismissal, terming its victory in a trust vote — secured amid ugly scenes and after the controversial disqualification of 16 MLAs, particularly five Independents — as ‘‘unconstitutional’’.
On Tuesday, the court is to hear a petition by disqualified MLAs, challenging the decision of Speaker K G Bopaiah.
Even as the BJP slammed the governor in the wake of strong indications that he had recommended dismissal of the government and imposition of President’s rule, the Centre is learnt to have upheld Bhardwaj’s determination that the trust vote was unconstitutional and that B S Yeddyurappa’s government had lost majority support.
Congress’s Core Group reviewed the situation and is learnt to have held that the Speaker was wrong in disqualifying the Independents, who could have tipped the scales. It, however, decided to wait for the HC’s ruling before taking a call.
The Union Cabinet, scheduled to meet on Tuesday evening, may accept Bhardwaj’s recommendation if the court does not order a fresh vote in the presence of an observer.
The Yeddyurappa government, just like the A B Vajpayee government at the Centre in 1999, would have been defeated by one vote, had the five Independents not been disqualified by the Speaker just before the trial of strength.
BJP’s hopes hinge on an order passed by the Supreme Court in 1996 where it, broadly speaking, held that a legislator could lose his ‘Independent” character even if he did not formally join a political party.
In what could bolster the speaker’s case, the Supreme Court in 1996 had held that an independent MLA would cease to be so without joining a political party if he had been obeying the whip of a party, appearing on its platform and attending its programmes.
BJP sources claim that in the light of SC’s definition, speaker K G Bopaiah was right in disqualifying the five Independents who were supporting the BJP, before crossing over to the rival camp. Their contention is that these MLAs had become members of the BJP legislature party and, hence, were liable to be punished by disqualification for violating the party’s whip.
That the resolution of the power tussle is going to turn on the Constitution and law, with the court having to arbitrate, may seem ironic after the ugly spectacle that unfolded in Vidhana Soudha on Monday. Nadir is too tame a word to capture the depths Karnataka politics plumbed on Monday. A hand-wringing sense of shame, anguish and helplessness engulfed the people as politicians held the state hostage to their personal pelf and greed.
From 8am onwards, Vidhana Soudha had the look of an arena under siege, with the air thick with tension. The 11 rebel BJP MLAs were prevented from entering the assembly as the speaker, disregarding the governor’s advice, had disqualified them. They were thus unable to participate in the confidence vote.
A dissident independent MLA, Goolihatti Shekar, bared his chest, a la Salman Khan and grabbed national TV eyeballs. In unprecedented scenes, with the speaker’s permission, police carrying firearms were allowed to enter the assembly for the first time ever in the history of the country. Initially, leader of the opposition in the assembly, Congress’ Siddaramaiah, was prevented by the police from entering the hall. Dissident MLAs jousted with the marshals while elsewhere, a slugfest erupted between police and the media pack at the site.
In the commotion, the motion of confidence was passed by a voice vote and the assembly adjourned. The action shifted to the high court and Raj Bhavan, the governor’s house. After the tamasha, it was still unclear which way the state was headed, at the end of the day. While the governor is said to have recommended imposition of President’s rule as the trust vote was a “farce”, the Congress claimed it had the requisite numbers to form the government and took 119 MLAs to meet the governor to prove its point.
Countdown To Manic Monday
Oct 5
Minister M P Renukacharya and 6 ministers revolt against reshuffle, along with some legislators
Oct 6
18 rebel MLAs submit letter to Governor Bhardwaj withdrawing support from govt. CM sacks four ministers, 3 quit. Guv gives CM B S Yeddyurappa (BSY) till Tuesday to prove majority
Oct 7
Rebels shift to a Goa resort; former Goa CM Parrikar wins over Renukacharya. BSY gets a breather
Oct 8
Speaker issues notices to 11 rebels. Subtext is if they’re disqualified, the effective strength of the assembly reduces, enabling BSY to pass floor test
Oct 9
JD(S) unshackles 17 rebels from BJP's clutches, flies them to Chennai
Oct 10
Governor asks Speaker not to disqualify rebels, let them vote
Oct 11
Speaker ignores guv’s advice. BSY govt wins vote, disregarding parliamentary norms. Ugly scenes in House; police in uniform called in; opposition MLAs come to blows with House staff, an MLA tears off his shirt. Guv sends report to Centre recommending President’s rule
WHAT NEXT?
If Karnataka HC annuls disqualification of MLAs, it will put BSY’s govt in trouble. But if HC upholds disqualification, it will put stamp of legitimacy on trust vote and ensure continuation of govt
If there is no immediate intervention from the court, the Centre may accept Governor’s recommendation and impose President’s rule, keeping the House in suspended animation
Guv may ask Congress and JD(S), which have been claiming numbers, to give governmentformation exercise a shot
PRECEDENTS TO GO BY
Goa Drama
When two BJP MLAs and an independent withdrew support to Goa CM Manohar Parrikar, speaker Vishwas Satarkar disqualified independent F N Rodrigues on Feb 28, 2005 just hours before the Assembly session. But governor S C Jamir dismissed the govt soon after. A month later, pro tem speaker Francisco Sardinha disqualified UGDP MLA Mathany Saldanha, helping Congress CM Pratapsingh Rane survive a trust vote on the strength of the speaker’s casting vote. The ensuing instability forced the Centre to impose President’s rule shortly thereafter
Anti-defection Law
Karnataka speaker’s disqualification of 5 independent MLAs is indefensible as they did not join any party
But his action against 11 BJP MLAs is debatable because in a 1994 case, Ravi S Naik vs Union of India, the SC interpreted the expression
"voluntarily giving up membership” widely enough to allow the speaker to draw such an inference even without a resignation letter....................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JQkcvMjAxMC8xMC8xMiNBcjAwMTAw&Mode=Gif&Locale=english-skin-custom
Guv Calls For Prez Rule After Chaotic Trust Vote
Asha Rai & Vishwa Mohan \ TNN
Bangalore/New Delhi:
The Karnataka High Court holds the key to the survival of the BJP government, after Governor H R Bhardwaj on Monday recommended its dismissal, terming its victory in a trust vote — secured amid ugly scenes and after the controversial disqualification of 16 MLAs, particularly five Independents — as ‘‘unconstitutional’’.
On Tuesday, the court is to hear a petition by disqualified MLAs, challenging the decision of Speaker K G Bopaiah.
Even as the BJP slammed the governor in the wake of strong indications that he had recommended dismissal of the government and imposition of President’s rule, the Centre is learnt to have upheld Bhardwaj’s determination that the trust vote was unconstitutional and that B S Yeddyurappa’s government had lost majority support.
Congress’s Core Group reviewed the situation and is learnt to have held that the Speaker was wrong in disqualifying the Independents, who could have tipped the scales. It, however, decided to wait for the HC’s ruling before taking a call.
The Union Cabinet, scheduled to meet on Tuesday evening, may accept Bhardwaj’s recommendation if the court does not order a fresh vote in the presence of an observer.
The Yeddyurappa government, just like the A B Vajpayee government at the Centre in 1999, would have been defeated by one vote, had the five Independents not been disqualified by the Speaker just before the trial of strength.
BJP’s hopes hinge on an order passed by the Supreme Court in 1996 where it, broadly speaking, held that a legislator could lose his ‘Independent” character even if he did not formally join a political party.
In what could bolster the speaker’s case, the Supreme Court in 1996 had held that an independent MLA would cease to be so without joining a political party if he had been obeying the whip of a party, appearing on its platform and attending its programmes.
BJP sources claim that in the light of SC’s definition, speaker K G Bopaiah was right in disqualifying the five Independents who were supporting the BJP, before crossing over to the rival camp. Their contention is that these MLAs had become members of the BJP legislature party and, hence, were liable to be punished by disqualification for violating the party’s whip.
That the resolution of the power tussle is going to turn on the Constitution and law, with the court having to arbitrate, may seem ironic after the ugly spectacle that unfolded in Vidhana Soudha on Monday. Nadir is too tame a word to capture the depths Karnataka politics plumbed on Monday. A hand-wringing sense of shame, anguish and helplessness engulfed the people as politicians held the state hostage to their personal pelf and greed.
From 8am onwards, Vidhana Soudha had the look of an arena under siege, with the air thick with tension. The 11 rebel BJP MLAs were prevented from entering the assembly as the speaker, disregarding the governor’s advice, had disqualified them. They were thus unable to participate in the confidence vote.
A dissident independent MLA, Goolihatti Shekar, bared his chest, a la Salman Khan and grabbed national TV eyeballs. In unprecedented scenes, with the speaker’s permission, police carrying firearms were allowed to enter the assembly for the first time ever in the history of the country. Initially, leader of the opposition in the assembly, Congress’ Siddaramaiah, was prevented by the police from entering the hall. Dissident MLAs jousted with the marshals while elsewhere, a slugfest erupted between police and the media pack at the site.
In the commotion, the motion of confidence was passed by a voice vote and the assembly adjourned. The action shifted to the high court and Raj Bhavan, the governor’s house. After the tamasha, it was still unclear which way the state was headed, at the end of the day. While the governor is said to have recommended imposition of President’s rule as the trust vote was a “farce”, the Congress claimed it had the requisite numbers to form the government and took 119 MLAs to meet the governor to prove its point.
Countdown To Manic Monday
Oct 5
Minister M P Renukacharya and 6 ministers revolt against reshuffle, along with some legislators
Oct 6
18 rebel MLAs submit letter to Governor Bhardwaj withdrawing support from govt. CM sacks four ministers, 3 quit. Guv gives CM B S Yeddyurappa (BSY) till Tuesday to prove majority
Oct 7
Rebels shift to a Goa resort; former Goa CM Parrikar wins over Renukacharya. BSY gets a breather
Oct 8
Speaker issues notices to 11 rebels. Subtext is if they’re disqualified, the effective strength of the assembly reduces, enabling BSY to pass floor test
Oct 9
JD(S) unshackles 17 rebels from BJP's clutches, flies them to Chennai
Oct 10
Governor asks Speaker not to disqualify rebels, let them vote
Oct 11
Speaker ignores guv’s advice. BSY govt wins vote, disregarding parliamentary norms. Ugly scenes in House; police in uniform called in; opposition MLAs come to blows with House staff, an MLA tears off his shirt. Guv sends report to Centre recommending President’s rule
WHAT NEXT?
If Karnataka HC annuls disqualification of MLAs, it will put BSY’s govt in trouble. But if HC upholds disqualification, it will put stamp of legitimacy on trust vote and ensure continuation of govt
If there is no immediate intervention from the court, the Centre may accept Governor’s recommendation and impose President’s rule, keeping the House in suspended animation
Guv may ask Congress and JD(S), which have been claiming numbers, to give governmentformation exercise a shot
PRECEDENTS TO GO BY
Goa Drama
When two BJP MLAs and an independent withdrew support to Goa CM Manohar Parrikar, speaker Vishwas Satarkar disqualified independent F N Rodrigues on Feb 28, 2005 just hours before the Assembly session. But governor S C Jamir dismissed the govt soon after. A month later, pro tem speaker Francisco Sardinha disqualified UGDP MLA Mathany Saldanha, helping Congress CM Pratapsingh Rane survive a trust vote on the strength of the speaker’s casting vote. The ensuing instability forced the Centre to impose President’s rule shortly thereafter
Anti-defection Law
Karnataka speaker’s disqualification of 5 independent MLAs is indefensible as they did not join any party
But his action against 11 BJP MLAs is debatable because in a 1994 case, Ravi S Naik vs Union of India, the SC interpreted the expression
"voluntarily giving up membership” widely enough to allow the speaker to draw such an inference even without a resignation letter....................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JQkcvMjAxMC8xMC8xMiNBcjAwMTAw&Mode=Gif&Locale=english-skin-custom
US President Barack Obama's visit to India:...what is the real purpose?
Obama likely to visit 26/11 sites during Nov visit
Vishwa Mohan, TNN, Oct 16, 2010, 12.45am IST
NEW DELHI: US President Barack Obama is likely to visit the places attacked by terrorists during the 26/11 assault on Mumbai, in what may strongly symbolize the burgeoning cooperation between the two countries against terrorism.
Official sources indicated that during his visit starting on November 5, Obama may visit places where "shootouts occurred" during the 26/11 attack.
There are indications that Obama, who has chosen to stay at the iconic Taj Mahal Hotel, which was ravaged by the 26/11 attackers but has since been restored, is likely to visit Chabad House, the Jewish centre also known as Nariman House, and Leopold Cafe. There is also a possibility of his going to see the Oberoi Trident, another Mumbai hotel targeted as part of a plot scripted by ISI and executed by the Lashkar-e-Taiba.
Clarity on the details, including the possibility of his going to Chhatrapati Shivaji Terminus where terrorists struck first on the night of November 26, 2008, will emerge after a meeting that officials of central and US agencies are scheduled to have with Mumbai cops on October 25.
"His presence at the places attacked on 26/11 will be seen as a statement of solidarity," said a source, adding that India was keen on Mumbai's inclusion in the US president's itinerary.
Obama's visit takes place against the backdrop of growing conviction in the US that terror groups like Lashkar, reared by ISI, have moved beyond their India-centric focus to meld with the wider web of jihadi terror and pose a threat to other countries as well.
The Mumbai attack was crucial in sensitizing the global community to the danger facing India. The recognition, belated according to many counter terror officials here, was the reason the Obama administration agreed to give access to US-born Lashkar jihadi David Coleman Headley who receed targets for Ajmal Kasab and his companions.
The heightened awareness of Pakistan's unwillingness and inability to rein in terror groups has also cleared the way for very close cooperation among the counterterror authorities, as evident during the lead-up to the Commonwealth Games.
Top sources in the government speak of a perfect tandem between Indian and foreign counterterror agencies, American as well as others, that helped nip the terror threat to the Games. Intercepts with domestic agencies had pointed to the anxiety of ISI-Lashkar combine to launch terror attacks on India during the Games.
Their desperation to stage a spectacular attack, intercepts showed, had led the plotters to seek to rope in a whole range of potential accessories — from the Mumbai underworld to Khalistani and Kashmiri terror groups to Naxalites and criminals....http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTAvMTAvMTYjQXIwMDEwMw==&Mode=Gif&Locale=english-skin-custom
Vishwa Mohan, TNN, Oct 16, 2010, 12.45am IST
NEW DELHI: US President Barack Obama is likely to visit the places attacked by terrorists during the 26/11 assault on Mumbai, in what may strongly symbolize the burgeoning cooperation between the two countries against terrorism.
Official sources indicated that during his visit starting on November 5, Obama may visit places where "shootouts occurred" during the 26/11 attack.
There are indications that Obama, who has chosen to stay at the iconic Taj Mahal Hotel, which was ravaged by the 26/11 attackers but has since been restored, is likely to visit Chabad House, the Jewish centre also known as Nariman House, and Leopold Cafe. There is also a possibility of his going to see the Oberoi Trident, another Mumbai hotel targeted as part of a plot scripted by ISI and executed by the Lashkar-e-Taiba.
Clarity on the details, including the possibility of his going to Chhatrapati Shivaji Terminus where terrorists struck first on the night of November 26, 2008, will emerge after a meeting that officials of central and US agencies are scheduled to have with Mumbai cops on October 25.
"His presence at the places attacked on 26/11 will be seen as a statement of solidarity," said a source, adding that India was keen on Mumbai's inclusion in the US president's itinerary.
Obama's visit takes place against the backdrop of growing conviction in the US that terror groups like Lashkar, reared by ISI, have moved beyond their India-centric focus to meld with the wider web of jihadi terror and pose a threat to other countries as well.
The Mumbai attack was crucial in sensitizing the global community to the danger facing India. The recognition, belated according to many counter terror officials here, was the reason the Obama administration agreed to give access to US-born Lashkar jihadi David Coleman Headley who receed targets for Ajmal Kasab and his companions.
The heightened awareness of Pakistan's unwillingness and inability to rein in terror groups has also cleared the way for very close cooperation among the counterterror authorities, as evident during the lead-up to the Commonwealth Games.
Top sources in the government speak of a perfect tandem between Indian and foreign counterterror agencies, American as well as others, that helped nip the terror threat to the Games. Intercepts with domestic agencies had pointed to the anxiety of ISI-Lashkar combine to launch terror attacks on India during the Games.
Their desperation to stage a spectacular attack, intercepts showed, had led the plotters to seek to rope in a whole range of potential accessories — from the Mumbai underworld to Khalistani and Kashmiri terror groups to Naxalites and criminals....http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTAvMTAvMTYjQXIwMDEwMw==&Mode=Gif&Locale=english-skin-custom
Sunday, October 10, 2010
American terrorist:..the threat continues....Pakistan hardly honours Interpol's notices
Red corner notice against five Pakistanis for 26/11
Vishwa Mohan, TNN, Oct 8, 2010, 01.41am IST
NEW DELHI: Interpol, at India's behest, has issued Red Corner Notices (RCN) against five people, including a retired and two serving Pakistani army majors, for their direct role in the 26/11 Mumbai terror attacks.
The RCNs have been issued against HuJI commander Ilyas Kashmiri, Lashkar-e-Taiba terrorist Sajid Majid, serving Pakistani army officers Major Iqbal and Major Sameer Ali and retired officer Major Abdur Rehman on the basis of non-bailable warrants secured against them by the National Investigating Agency (NIA) through a Delhi court.
The global arrest notice against Kashmiri comes at a time when intelligence agencies have found inputs about his involvement in other plots against India as well.
The names of the five men were disclosed by American terrorist David Coleman Headley during his interrogation by NIA and the FBI. "Besides the Mumbai terror attack, they were involved in a series of attacks in India from time to time," the RCNs issued against them said.
Though Pakistan has a history of ignoring the world police body's notices against terrorists, the move may put some pressure on it to deliver on its promises to the international community.
The case of Lashkar founder and JuD chief Hafiz Saeed -- against whom India had secured an RCN in the wake of 26/11 -- is a blatant example of Pakistan's stand over Interpol and UN Security Council notices against terrorists linked to al-Qaida.
Saeed, despite being put on the list of global terrorists, has not only been moving freely in Pakistan but has also been making provocative anti-India and anti-America speeches in various public gatherings. Another Lashkar commander and one of the 26/11 masterminds, Zaki-ur-Rehman Lakhvi, is the other accused against whom Interpol had issued an RCN in the Mumbai attack case.
All these terrorists along with others, including Zarah Shah, Abu al-Qama and Abu Kahafa, had closely worked with Headley in executing LeT's plot to attack Mumbai in November 2008 in which 160 people, including six US citizens, were killed.
LeT's operational commander Sajid Majid alias Sajid Mir of Lahore had played a crucial role in planning and executing 26/11. He was also one of the handlers of Headley who was arrested by FBI at Chicago airport in October last year.
HuJI commander Ilyas Kashmiri is also a member of al-Qaida's deadly 313 Brigade, which is believed to be one of the outfits that trained the 10 Mumbai attackers, including the arrested Ajmal Kasab.
Headley's interrogation and subsequent investigation revealed that serving Pakistan army officers Major Sameer Ali and Major Iqbal, along with the retired Major Syed Abdur Rehman, had worked with Lashkar to carry out the 26/11 attack....http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JQ0gvMjAxMC8xMC8wOCNBcjAwMTAx&Mode=Gif&Locale=english-skin-custom
Vishwa Mohan, TNN, Oct 8, 2010, 01.41am IST
NEW DELHI: Interpol, at India's behest, has issued Red Corner Notices (RCN) against five people, including a retired and two serving Pakistani army majors, for their direct role in the 26/11 Mumbai terror attacks.
The RCNs have been issued against HuJI commander Ilyas Kashmiri, Lashkar-e-Taiba terrorist Sajid Majid, serving Pakistani army officers Major Iqbal and Major Sameer Ali and retired officer Major Abdur Rehman on the basis of non-bailable warrants secured against them by the National Investigating Agency (NIA) through a Delhi court.
The global arrest notice against Kashmiri comes at a time when intelligence agencies have found inputs about his involvement in other plots against India as well.
The names of the five men were disclosed by American terrorist David Coleman Headley during his interrogation by NIA and the FBI. "Besides the Mumbai terror attack, they were involved in a series of attacks in India from time to time," the RCNs issued against them said.
Though Pakistan has a history of ignoring the world police body's notices against terrorists, the move may put some pressure on it to deliver on its promises to the international community.
The case of Lashkar founder and JuD chief Hafiz Saeed -- against whom India had secured an RCN in the wake of 26/11 -- is a blatant example of Pakistan's stand over Interpol and UN Security Council notices against terrorists linked to al-Qaida.
Saeed, despite being put on the list of global terrorists, has not only been moving freely in Pakistan but has also been making provocative anti-India and anti-America speeches in various public gatherings. Another Lashkar commander and one of the 26/11 masterminds, Zaki-ur-Rehman Lakhvi, is the other accused against whom Interpol had issued an RCN in the Mumbai attack case.
All these terrorists along with others, including Zarah Shah, Abu al-Qama and Abu Kahafa, had closely worked with Headley in executing LeT's plot to attack Mumbai in November 2008 in which 160 people, including six US citizens, were killed.
LeT's operational commander Sajid Majid alias Sajid Mir of Lahore had played a crucial role in planning and executing 26/11. He was also one of the handlers of Headley who was arrested by FBI at Chicago airport in October last year.
HuJI commander Ilyas Kashmiri is also a member of al-Qaida's deadly 313 Brigade, which is believed to be one of the outfits that trained the 10 Mumbai attackers, including the arrested Ajmal Kasab.
Headley's interrogation and subsequent investigation revealed that serving Pakistan army officers Major Sameer Ali and Major Iqbal, along with the retired Major Syed Abdur Rehman, had worked with Lashkar to carry out the 26/11 attack....http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JQ0gvMjAxMC8xMC8wOCNBcjAwMTAx&Mode=Gif&Locale=english-skin-custom
Jammu and Kashmir:...Will this serve the purpose?
A politician may replace Vohra as J&K governor
Vishwa Mohan, TNN, Oct 5, 2010, 12.47am IST
NEW DELHI: Jammu and Kashmir, which has a history of having either retired bureaucrats or defence personnel as its governor, may get a politician as head of state as the Centre is mulling an option to replace N N Vohra (retired IAS officer) with a senior political leader.
Though Vohra, who was appointed as J&K governor in 2008, still has nearly three years of his term left, he may be shifted to some other state to make way for a new person who has been through the rough and tumble of politics.
Athough widely acclaimed for his administrative accumen, Vohra has not been quite visible since the eruption of trouble in the sensitive state, something that is seen as compounding problems for the chief minister, a political sophomore.
The search for a political governor is reflective of a shift in the government's focus -- from defence against Pakistan-backed terrorists to a political response to grievances driving the current agitation. It is felt that the chief minister, seen by many as bereft of political advice from his senior National Conference colleagues, can do with the advice from a political governor.
"Even though the governor does not have any direct role in governance, a politician with better understanding of representative politics can be useful for J&K where the general public feel quite alienated at the current juncture," said a senior government source summing up the thinking in the government.
Vohra was the central interlouctor for the state before he replaced Lt General (retd) S K Sinha as the governor in June 2008.
The Centre is also looking for a senior Congress politician -- someone who may not be in active politics but not quite a "has-been" either -- for J&K to head the group of interlocutors. He may be given the rank of a Cabinet minister.
Union home minister P Chidambaram is believed to have discussed the issue with Prime Minister Manmohan Singh during a one-on-one meeting on Monday when names of some senior Congress leaders are understood to have figured.
"The names are expected to be announced as soon as possible," said the source. The appointment of interlocutors is part of the Centre's eight-point peace initiative announced last month.
Sources hinted that most of the interlocutors would be from outside J&K but would be having a fair idea about the issues there. The issue of appointing Muslim, Hindu and women representative as interlocutors was also being considered, sources said adding the chairman of the group would certainly be a close confidant of the Prime Minister.
It is believed that it would be easier for a group of interlocutors to look beyond Srinagar during the peace process. The interlocutors can travel to small towns like Baramulla, Anantnag, Sopore, Uri, Doda, Rajouri and other areas and interact with cross-sections of people unlike in the past when a single interlocutor hardly looked to the hinterlands.
Meanwhile, 49 stone-pelters have been released and nine bunkers of security forces removed from some civilian areas in the state as part of the government's peace initiative....http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTAvMTAvMDUjQXIwMDEwNA==&Mode=Gif&Locale=english-skin-custom
Vishwa Mohan, TNN, Oct 5, 2010, 12.47am IST
NEW DELHI: Jammu and Kashmir, which has a history of having either retired bureaucrats or defence personnel as its governor, may get a politician as head of state as the Centre is mulling an option to replace N N Vohra (retired IAS officer) with a senior political leader.
Though Vohra, who was appointed as J&K governor in 2008, still has nearly three years of his term left, he may be shifted to some other state to make way for a new person who has been through the rough and tumble of politics.
Athough widely acclaimed for his administrative accumen, Vohra has not been quite visible since the eruption of trouble in the sensitive state, something that is seen as compounding problems for the chief minister, a political sophomore.
The search for a political governor is reflective of a shift in the government's focus -- from defence against Pakistan-backed terrorists to a political response to grievances driving the current agitation. It is felt that the chief minister, seen by many as bereft of political advice from his senior National Conference colleagues, can do with the advice from a political governor.
"Even though the governor does not have any direct role in governance, a politician with better understanding of representative politics can be useful for J&K where the general public feel quite alienated at the current juncture," said a senior government source summing up the thinking in the government.
Vohra was the central interlouctor for the state before he replaced Lt General (retd) S K Sinha as the governor in June 2008.
The Centre is also looking for a senior Congress politician -- someone who may not be in active politics but not quite a "has-been" either -- for J&K to head the group of interlocutors. He may be given the rank of a Cabinet minister.
Union home minister P Chidambaram is believed to have discussed the issue with Prime Minister Manmohan Singh during a one-on-one meeting on Monday when names of some senior Congress leaders are understood to have figured.
"The names are expected to be announced as soon as possible," said the source. The appointment of interlocutors is part of the Centre's eight-point peace initiative announced last month.
Sources hinted that most of the interlocutors would be from outside J&K but would be having a fair idea about the issues there. The issue of appointing Muslim, Hindu and women representative as interlocutors was also being considered, sources said adding the chairman of the group would certainly be a close confidant of the Prime Minister.
It is believed that it would be easier for a group of interlocutors to look beyond Srinagar during the peace process. The interlocutors can travel to small towns like Baramulla, Anantnag, Sopore, Uri, Doda, Rajouri and other areas and interact with cross-sections of people unlike in the past when a single interlocutor hardly looked to the hinterlands.
Meanwhile, 49 stone-pelters have been released and nine bunkers of security forces removed from some civilian areas in the state as part of the government's peace initiative....http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTAvMTAvMDUjQXIwMDEwNA==&Mode=Gif&Locale=english-skin-custom
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