Prelims Tidbits 19 sep 17

T.N. Speaker disqualifies rebel AIADMK MLAs

Context:
1. Defection rules invoked; they cease to be legislators with immediate effect
2. Tamil Nadu Assembly Speaker P. Dhanapal on Monday disqualified 18 dissident
AIADMK MLAs, owing allegiance to sidelined party leader T.T.V. Dhinakaran, who
on August 22 submitted individual letters to Governor Ch. Vidyasagar Rao
withdrawing support to Chief Minister Edappadi K. Palaniswami.
3. A Gazette notification later said the MLAs had “incurred disqualification” under
Article 191 (2) of the Constitution read with Clause (a) sub-paragraph (1) of
paragraph 2 of the Tenth Schedule, and that they ceased to be members with
immediate effect.

ANTI-DEFECTION LAW

• 10th Schedule, 52nd Amendment 1985 (2003:Not to apply in case of split)
• Deciding Authority :Decide by presiding officer of House
• Supreme Court declared: Unconstitutional on ground,
• it seeks to take away jurisdiction of SC & HC.

Note:-No time limit mention in constitution to take action to disqualify member
by Speaker

Context:
1. Disqualified MLA member of in the State government from membership of any
State legislature.

❖ Disqualifications for membership:
1. if he holds any office of profit under the Union or State government
2. if he is of unsound mind and stands so declared by a court/
3. if he is an undischarged insolvent.
4. if he is not a citizen of India or has voluntarily acquired the citizenship of a
foreign state
5. if he is so disqualified under any law made by Parliament

UNHCR Nansen Refugee Award

Context:
1. Nigerian lawyer gets top UN peace prize
2. Mustapha helped free Chibok girls
3. Nigerian lawyer who helped secure the release of more than 100 schoolgirls
kidnapped by Boko Haram was on Monday awarded one of the United Nations’
top prizes.
4. The UNHCR said Zannah Mustapha was given the annual Nansen award for his
“crucial mediating” role as well as his work helping children affected by the
long-running conflict. 

Representation of People Act(Amendment) Bill 2017
Context:
1. A bill for parliamentarians to declare their assets at the end of their tenure has been proposed.
2. The Representation of The People Act (Amendment) Bill, 2017, will be presented in the Winter Session of Parliament this year.
3. This bill aims to ensure accountability and transparency.

❖ Highlights of the Bill::
1. The bill proposes that Members of Parliament declare their assets within 90 days after their tenure ends. This provision is to be inserted as sub section 75B(1) in the ‘Representation of People Act, 1951’.
2. The proposed amendment in the parent act will help in maintaining transparency and accountability of people’s representatives at the apex level. It will also help in creating a positive atmosphere of corruption-free status of MPs.

State Funding of Polls

Context:
1. Former Chief Election Commissioner (CEC) T S Krishnamurthy has pitched for state-funding of elections, and banning the use of funds by political parties for polls, as part of electoral reforms.
2. He has also mooted creation of a national election fund to which companies and individuals can contribute. This is mainly aimed at ensuring that there is no connection between political parties and corporate.

❖ State / public funding of elections:
1. This means that government gives funds to political parties or candidates for contesting elections. Its main purpose is to make it unnecessary for contestants to take money from powerful moneyed interests so that they can remain clean.
2.In some countries, state funding is extended to meeting some specific forms of
spending by political parties, not confined to electioneering alone.
2. Countries keep changing laws relating to state funding depending on experience

and financial condition.

DECODING SHELL COMPANIES

Context:
1. The Centre has initiated action against more than two lakh shell companies as
part of Operation Clean Money.
2. Separately, the market regulator Securities and Exchange Board of India has
identified 331 companies and initiated action against them.

❖ Shell companies:

• The Companies Act, 2013 has not defined what a ‘shell company’ is and as to
• what kind of activities would lead to a company being termed a ‘shell’.
• Shell companies are typically corporate entities which do not have any active
• business operations or significant assets in their possession.
• The government views them with suspicion as some of them could be used for
• money laundering, tax evasion and other illegal activities. 
• In India, there is no specific law relating to “shell companies.”
• However, some laws help, to an extent, in curbing illegal activities such as
• money laundering and can indirectly be used to target shell companies —
• Benami Transaction (Prohibition) Amendment Act 2016; The Prevention of
• Money Laundering Act 2002 and The Companies Act, 2013.

Sashatra Seema Bal(SSB )

• Union Home Minister Shri Rajnath Singh operationalised the New Intelligence Set-up of the Sashastra Seema Bal (SSB) at a function here today.
• Sashastra Seema Bal or SSB, in English the Armed Border Force is one of India's Central Armed Police Forces.
• It is currently under the administrative control of the Ministry of Home Affairs (MHA), Government of India
• The Sashastra Seema Bal (SSB) mans the 1,751-km long India-Nepal and the 699-km long Indo-Bhutan borders.