Disqualification of convicted legislators
A Surat Court sentenced Congress leader Rahul Gandhi to two years in jail in a 2019 defamation case over his remarks about the “Modi surname”.
- The court of Chief Judicial Magistrate HH Varma, which held Gandhi guilty under IPC Sections 499 and 500, also granted him bail and suspended his sentence for 30 days to allow him to appeal.
What are the legal provisions under RPA, 1951?
- Section 8 of the Representation of the People Act (RPA), 1951, contains provisions aimed at decriminalising electoral politics.
- There are two categories of criminal cases that attract disqualification upon conviction.
- In the first category are offences that entail disqualification for a period of six years upon any conviction.
- If the punishment is a fine, the six-year period will run from the date of conviction, but if there is a prison sentence, the disqualification will begin on the date of conviction, and will continue up to the completion of six years after the date of release from jail.
- Major IPC offences are included under this head —
- making speeches that cause enmity between groups (Sec.153A) and doing so in a place of worship (Sec.505), bribery and personation during elections and other electoral offences, offences relating to rape and cruelty to women by husband and latter!s relatives.
- Besides, serious provisions of special laws such as the Protection of Civil Rights Act, Customs Act, Unlawful Activities (Prevention) Act etc are among the category of offences that entail disqualification regardless of the quantum of punishment.
- Laws for prevention of Sati, corruption, terrorism and insult to national flag and national anthem etc are also part of this group.
- All other criminal provisions form a separate category under which mere conviction will not entail disqualification. A sentence of at least two years in prison is needed to incur such disqualification.
Legal protection -
- Under Section 8(4) of the RPA, legislators could avoid immediate disqualification until 2013.
- The provision said that with respect to a Member of Parliament or a State legislator the disqualification will not take effect for three months.
- If within that period, the convicted legislator files an appeal or revision application, it will not take effect until the disposal of the appeal or application.
- In Lily Thomas vs. Union of India, the Supreme Court struck down clause (4) as unconstitutional, thus removing the protection enjoyed by lawmakers.
Can the disqualification be removed?
- The Supreme Court has the power to stay not only the sentence, but also the conviction of a person.
- In some rare cases, conviction has been stayed to enable the appellant to contest an election.
- However, the SC has made it clear that such a stay should be very rare and for special reasons.
- The RPA itself provides a remedy through the Election Commission.
- Under 11 of the Act, the EC may record reasons and either remove, or reduce the period of, a person’s disqualification.
- The EC exercised this power for Sikkim Chief Minister P.S. Tamang, who served a one-year sentence for corruption, and reduced his disqualification so as to contest a by-election and remain in office.
Bharat 6G Project
Recently, the Prime Minister of India has unveiled a vision document - Bharat 6G Vision - for rollout of 6G/6th generation communications technology in India by 2030. As part of its 6G mission, India will identify priority areas for research by involving all stakeholders, demonstrations and early market interventions through startups.
Background -
- At present, the total annual purchase of smartphones is greater than 16 crore smartphones for about 30 crore Indian households.
- This means that every household today is buying smartphones at an average of one phone every 2 years, indicating that a typical Indian finds a personal smartphone as valuable and necessary as a personal vehicle.
- The PM of India formally launched 5G services in October 2022 and said that India should be ready to launch 6G services in the next 10 years.
What is 6G?
- Technically, not in existence today, 6G has been conceived as a far superior technology than 5G.
- As opposed to 5G, which at its peak can offer internet speeds up to 10 gigabits per second, 6G promises to offer ultra-low latency with speeds up to 1 terabit per second (100 times faster than 5G).
- Its application will include remote-controlled factories, constantly communicating self-driven cars and smart wearables taking inputs directly from human senses.
- However, since the majority of 6G supporting communication devices will be battery-powered and can have a high carbon footprint, it will also need to be balanced with sustainability.
What is India’s 6G Roadmap?
- The Bharat 6G project will be implemented in two phases and the government has also appointed an apex council to oversee the project and focus on issues such as —
- Standardisation,
- Identification of the spectrum for 6G usage,
- Create an ecosystem for devices and systems, and
- Figure out finances for research and development, etc.
- In phase one (from 2023 to 2025), support will be provided to explorative ideas, risky pathways and proof-of-concept tests.
- Ideas and concepts that show promise and potential for acceptance by the global peer community will be adequately supported to develop them to completion, leading to commercialisation as part of phase two (from 2025 to 2030).
- To fund research and innovation on 6G, the document recommended the creation of a corpus of Rs 10,000 crore to facilitate various funding instruments such as grants, loans, VC fund, etc.
- To decide on standardisation around 6G and related technologies, the document called for India to take on a greater role in various international bodies such as 3GPP, ITU, IEC, and IEEE.
How are other countries looking at the 6G Rollout?
- South Korea has outlined a 6G research and development plan with Rs 1200 crore worth of investments in the first phase running till 2025.
- In Japan, the Integrated Optical and Wireless Network (IOWN) Forum has published its Vision 2030 for 6G for infrastructure evolution in four dimensions: cognitive capacity, responsiveness, scalability, and energy efficiency.
- Key developments in 6G have also been identified and are being pursued in China, in order to support connectivity plus sensing plus AI.
Sharda Peeth
Recently, Union Home Minister said that the government will move forward to open Sharda Peeth on the lines of the Kartarpur corridor.
About Sharda Peeth -
- Sharda Peeth is an abandoned Hindu temple and ancient centre of learning.
- Location — It is located in the village of Sharda in the valley of Mount Harmukh, along the Neelam River in the Pakistani-administered territory of Azad Kashmir. It lies 16 miles to the northwest of the Line of Control.
- As a Centre of Learning — Between the 6th and 12th centuries CE, it was one of the foremost centres of higher learning, hosting scholars such as Kalhana, Adi Shankara, and Vairotsana.
- It is also said to be where Paṇini and Hemachandra completed and stored their writings on Sanskrit grammar.
- Religious significance — Sharda is the most revered religious place for Kashmiri Pandits.
- They believe that Sharada in Kashmir is a tripartite embodiment of the goddess Shakti: Sharada (goddess of learning), Saraswati (goddess of knowledge), and Vagdevi (goddess of speech).
- It is one of the 18 Maha Shakti Peethas throughout South Asia that commemorate the location of fallen body parts of the Hindu deity Sati.
Kashmiri Stag (Hangul)
In a recent census conducted at Kashmir’s Dachigam National Park, it was found that the population of Hangul or Kashmiri Stag has gradually increased over time at the national park.
About Kashmiri Stag -
- The Kashmir stag also called hangul is a subspecies of Central Asian red deer endemic to Kashmir and surrounding areas.
- It is found in dense riverine forests in the high valleys and mountains of Jammu and Kashmir and northern Himachal Pradesh.
- In Kashmir, it is found primarily in the Dachigam National Park where it receives protection.
- A small population has also been witnessed in Overa-Aru Wildlife Sanctuary in south Kashmir.
- Conservation status — IUCN: Critically Endangered; CITES : Appendix I
About the Dachigam National Park -
- The actual beauty of the park lies in the deep valleys, rocky outcrops, steep wooded slopes and rolling alpine pastures.
- Being located in a mountainous area, Dachigam National Park faces a huge variation in altitude that ranges from 1600 m to 4200 m above sea level.
- This variation in altitude categorises Dachigam National Park into two regions- the upper region and the lower region.
- Flora: It is extremely rich in Wild Cherry, Pear, Plum, Peach, Apple, Apricot, Walnut, Chestnut, Oak, Willow, Poplar, Chinar, Birch, Pine and Elm.
- Fauna: Hangul (Kashmir Stag), Musk deer, Brown Bear, Leopards, Jungle Cats, Himalayan black bear, and a few species of wild goats like the markhor and ibex.
