Citizenship (Amendment) Bill: Federal US commission seeks sanctions against home minister Amit Shah

News Network
December 10, 2019

Washington, Dec 10: A federal US commission on international religious freedom has said that the Citizenship (Amendment) Bill is a "dangerous turn in wrong direction" and sought American sanctions against home minister Amit Shah if the bill is passed by both houses of the Indian Parliament.

According to the proposed Bill, members of Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities, who have come from Pakistan, Bangladesh and Afghanistan, till December 31, 2014 facing religious persecution there, will not be treated as illegal immigrants but given Indian citizenship.

In a statement issued on Monday, the US Commission for International Religious Freedom (USCIRF) said that it was deeply troubled over the passage of the bill in Lok Sabha.

"If the CAB passes in both houses of Parliament, the US government should consider sanctions against the home minister Amit Shah and other principal leadership," the commission said.

"USCIRF is 'deeply troubled' by the passage of the CAB, originally introduced by home minister Shah, in the Lok Sabha given the religion criterion in the bill," it added.

Shah on Monday introduced the controversial bill in Lok Sabha,

where it was passed with 311 members favouring it and 80 voting against it, will now be tabled in the Rajya Sabha for its nod.

Shah while introducing the bill had made it clear that people belonging to any religion should not have any fear under Prime Minister Narendra Modi government as he asserted that the bill will give relief to those minorities who have been living a painful life after facing persecution in neighbouring countries.

Shah asserted that the bill has the "endorsement of 130 crore Indian citizens" and rejected suggestions that the measure is anti-Muslims, saying it will give rights to persecuted minorities from Pakistan, Bangladesh and Afghanistan.

"Citizenship (Amendment) Bill has the endorsement of 130 crore citizens of the country as it was the part of the BJP manifesto in 2014 as well as 2019 Lok Sabha elections," he said.

However, the bill has been opposed by the Congress, Trinamool Congress and other Opposition parties.

USCIRF alleged that the CAB enshrines a pathway to citizenship for immigrants that specifically excludes Muslims, setting a legal criterion for citizenship based on religion.

"The CAB is a dangerous turn in the wrong direction; it runs counter to India's rich history of secular pluralism and the Indian Constitution, which guarantees equality before the law regardless of faith," it said.

Stating that in conjunction with the ongoing National Register of Citizens (NRC) process in Assam and nationwide NRC that home Minister Shah seeks to propose, the commission said: "USCIRF fears that the Indian government is creating a religious test for Indian citizenship that would strip citizenship from millions of Muslims".

It also said that for more than a decade now the Indian government has ignored the statements and annual reports of the USCIRF.

India from the days of the previous United Progressive Alliance (UPA) regime has consistently said that it does not recognises a third country's views or reports on its internal affairs.

It is based on this ground that India for more than a decade now has denied visas to USCIRF to travel to India for their on the ground assessment of the religious freedom in India.

Recommendations of USCIRF are not enforceable. However, its recommendations are seriously taken into consideration by the US government in particular the State Department which is tasked with powers to take sanctionable actions against foreign entities and individuals for violation of religious freedom and human rights.

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News Network
March 22,2024

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New Delhi, Mar 22: The Aam Aadmi Party has made it clear that Arvind Kejriwal will remain the Delhi Chief Minister despite his arrest in the liquor policy case. While no law would stop the AAP leader from running the state from prison, the jail guidelines would make it extremely difficult.

Kejriwal was arrested yesterday by the Directorate of Enforcement (ED), following his avoidance of nine summons issued by the investigative agency in relation to the Delhi liquor policy case. 

The decision to apprehend Kejriwal transpired shortly after the High Court's denial of protection from arrest. With this development, Kejriwal becomes the second opposition Chief Minister to face arrest by the ED within a span of fewer than two months, following Jharkhand Chief Minister Hemant Soren's similar fate in January 2024 due to allegations in a graft case. Subsequently, Hemant Soren was replaced by his party colleague, Champai Soren.

Delhi government minister Atishi declared shortly after Kejriwal's arrest that he would not step down from his position. However, the legality and feasibility of a detained Chief Minister continuing to fulfill official duties warrant examination.

A former law officer of Delhi's Tihar Jail says that an inmate can only hold two meetings in a week, which would make it difficult for Mr Kejriwal to carry out his responsibilities as Chief Minister.

Can he run government from prison?

While theoretically plausible, governing from detention presents logistical challenges. However, there exists no explicit prohibition against a Chief Minister conducting official responsibilities while under arrest. Disqualification only occurs upon conviction.

The Representation of the People Act, 1951 outlines disqualification provisions for specific offenses, necessitating a conviction for those holding office.

Will centre impose president’s rule?

Constitution expert SK Sharma told TOI that there exists no specific legal provision mandating the automatic resignation of a state's Chief Minister upon arrest. He cited the example of former Bihar CM Lalu Prasad Yadav, who appointed his wife Rabri Devi as CM during his arrest. "Former Bihar CM Lalu Prasad Yadav made his wife Rabri Devi the CM of the state when he was arrested. More recently, Hemant Soren in Jharkhand also resigned. Calling cabinet meetings in the jail or review meetings with officials in his cell does not seem practical," said Sharma.

Sharma further indicated that if AAP persisted in retaining Kejriwal as CM, it could lead to a deadlock, potentially prompting the Centre to impose President's rule in Delhi.

What may happen next?

Despite AAP's unwavering stance on Kejriwal's continuation in office, internal sources say that potential successors, including Atishi and health minister Saurabh Bharadwaj. Atishi, known for her extensive portfolio and close ties to Kejriwal, alongside Bharadwaj, a prominent minister with significant responsibilities, emerged as likely contenders. Additionally, sources speculated about the surprise candidacy of Kejriwal's wife, Sunita, given her background as a revenue services officer and active involvement in party affairs.

However, finding a successor of comparable stature to Kejriwal, a national convener of the party and three-time Delhi CM, presents a formidable challenge for AAP.

Role of Delhi's Lieutenant Governor

Delhi's unique power structure, featuring an elected Chief Minister and a Lieutenant Governor appointed by the Centre, presents a complex scenario. Kejriwal's ability to continue as CM hinges on legal relief, failing which the Lieutenant Governor can seek Presidential intervention, potentially leading to the imposition of President's rule.

Recent cases demonstrate how denial of bail can compel resignation, highlighting the precarious position of arrested officials.

In light of these developments, the Lieutenant Governor could invoke 'failure of constitutional machinery' to justify President's rule, thereby bringing the national capital under direct Union government control until the end of the current Assembly's tenure in February 2025.

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News Network
March 21,2024

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New Delhi, Mar 21: Election Commission (EC) on Thursday directed the Ministry of Electronics and Information Technology of Narendra Modi-led government to put an end to bulk WhatsApp messages labelled 'Viksit Bharat Sampark.' It has also sought a compliance report immediately from the ministry.

EC had received several complaints that such messages are still being delivered on citizens’ phones despite the announcement of Lok Sabha elections and the model code of conduct (MCC) entering into force.

In response, the govt informed the commission that although the letters were sent out before MCC came into force, some of them could have possibly been delivered to recipients with a delay because of systemic and network limitations.

In the past few days, several WhatsApp users have received messages from 'Viksit Bharat Sampark' seeking feedback and suggestions from the public. 

The message comes with a PDF that has a letter from Prime Minister Narendra Modi mentioning government schemes like Pradhan Mantri Awas Yojana, Ayushman Bharat, Matru Vandana Yojana, etc, and seeking suggestions from the citizens over government initiatives and schemes.

The letter which addresses users as 'my dear family members' had sparked political controversy. Congress has called the PDF file attached with the message a ‘political propaganda’.

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News Network
March 16,2024

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New Delhi: The 2024 general election for 543 Lok Sabha seats will be held in seven phases from April 19, Chief Election Commissioner Rajeev Kumar said today, announcing the largest democratic exercise in the world. Results will be announced on June 4.

The seven phases: 
April 19
April 26
May 7
May 13
May 20
May 25
June 1

Simultaneous election for Lok Sabha and assembly will be held in four states -- Sikkim, Odisha, Arunachal Pradesh and Andhra.  

By-elections will also be held for 26 assembly seats across multiple states, including Bihar, Gujarat, Haryana, Jharkhand, Maharashtra, Rajasthan and Tamil Nadu.

Mr Kumar, announcing the dates, sent out a strong message on fake news on social media, saying political parties should ensure responsible social media behaviour -- "verify before you amplify".

"Fake news will be dealt with severely as per existent laws.. Section 79 (3)(B) of the IT Act empowers nodal officers in each state to remove unlawful content," he said.

The other strong message was on violation of model code in terms of hate speeches. "There should be issue-based campaign, no hate speeches, no speeches along caste or religious lines, no criticism of anyone's personal lives," he said.

The media must clarify when they carry political adverts, those cannot masquerade as news, he said. Individual messages regarding this would be sent to the candidates, he added.

The commission has employed 2,100 advisors to keep an eye on these issues and strong action will be taken regarding this, he said.

Voters above the age of 85 years and persons with disabilities, with 40 per cent disability can vote from home, Mr Kumar said. Around 82 lakh voter are above the age of 85, he said.

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