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A SEGMENT OF UNDEREMPLOYED ARE SKILLED, NEED CERTIFICAITON TO PROVE SKILL-SET

There is a large segment of un-employed/underemployed persons who are skilled but don’t have a formal certificate to prove their skills and experience. As a result of this they are unable to gain proper employment in the field of their competency. Because of not having any certification which gives out their skills and experience they are denied a chance to gain at useful employment in the Government, semi Government, Non Government agencies and also miss out on foreign placements.

On the contrary whenever they are employed, they are exploited due to this lack of certification and are given much below par salaries. On the contrary whenever they are employed they are exploited due to this lack of certification of their skills and experience.

They are denied promotions, increments and are given much below par salaries. In short they are exploited despite their having skills and experience. More over they are always denied a chance to upgrade their skill set and do continuous training and education because they do not fulfill the certification criteria which is required by institutes or in house training capsules of Govt and private bodies.

I am sure when you had a two wheeler as young man you would have always gone to a particular scooter/motor cycle mechanic whose ITI certificate you never bothered to see but who knew our scooter/bikes auto problems backwards and set them right in a jiffy that too at half the authorised garage costs.

Here I am highlighting the plight of this kind of self taught or non-formally trained technicians. I have tried to suggest a method which is very much followed in most advanced countries but has not been encouraged in INDIA. In short they are exploited despite their having skills and experience.

Reasons for not attaining Formal Technical Certification – These persons are not able to pursue their formal skills training and studies and get employment due to the following reasons:-

Due to ancestral profession being followed by the family:

·        Due to family reasons – as all poor parents send the first born to work so that he/she supports the other or younger siblings to be educated and trained/married off if they happen to be females.

·        Due to ignorance about future job scenario.

·        Due to lack of proper mentoring.

·        Due to economic backwardness and lack of opportunities.

·        Scoring low marks in the matriculation or plus 2/Higher Secondary examinations thus not getting admission in the ITI’s.

Common Skills in which non-formally trained persons exist in large numbers:

·        These are – Welder, Furniture Carpenter, Lathe mechanic, Air Conditioner Mechanic, Plumber, Heavy Tractor/ Truck Mechanic, Scooter / Motorcycle mechanic, Car mechanic, Electricians of house /construction/ home appliances, Tool and Die maker, Mason, Painter, Denter/painter, Earth moving and heavy road construction machinery Mechanic, Auto Electrician, Computer Operator, Computer Hardware Mechanic, etc. Factors which make this Certification of these Non Formal Skills and Experience Necessary

·        The certification of these non formal skills and competency is required due to the following factors:-

REQUIREMENT TO HAVE MORE SKILLED PERSONS FOR FUTURE JOB MARKET When these tests are conducted for the total eligible persons of the state and certification is done for their competency and skills then these persons whose skills and experience is certified there will be a large pool of skilled manpower for all stake holders to choose from.

REQUIREMENT TO BENEFIT LARGE NUMBER WHO HAVE BEEN LEFT OUT OF FORMAL TECHNICAL AND EDUCATION TRAINING FOLD A large number will be benefited with this Certification as their skills and experience will be certified irrespective of their age . They can be tested and certificate of competency and experience will be awarded to bring then into the mainstream of employment. Thus a large population segment shall benefit from this effort of the government. This will encourage the idea of continuous education also to a large extent.

THIS WILL BE A CONTINUOUS EFFORT It should not be one time measure alone but when this scheme is continued then many persons who are unable to get formal technical education in future because of the reasons cited above will keep getting opportunities to get certified for their non formal skills and experience.

THIS CERTIFICATION WILL DECREASE UNEMPLOYMENT With this the unemployed youth will get employment in their own profession and they will not vile away their time in aimless pursuits and this will decrease the problem of unemployment in turn actually as this will assist the youth in getting employment in large numbers.

IT IS DEMAND OF ALL SEGMENTS OF THE SOCIETY WHO WILL STAND TO BENEFIT AND THIS DEMAND CUTS ACROSS MOST SEGMENTS OF SOCIETY BE IT ON CASTE OR ECONOMIC BASIS This will lead to a satisfaction of a large number of persons who will stand to benefit and it is a win-win situation for all the stake holders.

Procedure of this Certification of competency and experience:

Methodology There can be many options of testing these candidates but three are mentioned here. A body of experts who are experts in various skills which are to be certified be will be formed to certify the skills, competency and experience of the applicants who need certification OR This can be a body approved internationally and approved by CII OR May be body of experts or a NGO which is abreast with the current and future skill sets requirement.

This NGO or body of experts will be paid adequate honorarium for their time to keep the process of certification as transparent as possible.

Hence there are distinct options available to choose from and it is imperative to mention here that the process of certification is kept temper proof, free from all kinds of influence and corruption.

THE NATION STANDS OUT NOW, AS FASTEST GROWING ECONOMY

Today (July 4), we mark the completion of 5 years since the Goods and Services Tax (GST) was introduced in our country. It was first discussed in the report of Kelkar Task Force on indirect taxes in 2003 and hence took 13 long years in the making. Since 2017, GST naturally, has faced teething problems.

But more than the teething problems, it has emerged strongly after facing the turbulence of Covid-19 global pandemic and its fall-out. It is to the credit of the GST Council that the centre and the states held each other’s hands together to not just face the crisis but to lift our economy on to recovery. It is this working together that has made India stand out now as the fastest growing economy, as projected by many, this year and the next.

Several countries moved to the GST regime long before India did in 2017. But, the mechanism of the GST Council itself is unique to India. The quasi-federal nature of Indian polity wherein both the centre and states enjoyed independent powers of taxation demanded a unique solution. States of different sizes and in different stages of development with their legacy tax systems had to be brought together under the GST.

States were also in different stages in the use of technology for revenue collection. The GST Council, the constitutional body, and a GST solution unique to India (dual GST) were the answers found to such a demand. With a few exceptions, taxes both of the Centre and the states were subsumed in the GST. Seventeen different laws were merged and a single taxation was brought in through the GST.

For India, the GST Council has played a crucial role in forging a national consensus on key issues of GST – rates, exemptions, business processes and movement of ITC etc.

Over 63.9 lakh taxpayers migrated into the GST in July 2017. This number has more than doubled to over 1.38 crore taxpayers as of June 2022. Over 41.53 lakh taxpayers and 67 thousand transporters are enrolled on the e-way portal, on an average generating 7.81 crore e-way bills. Since the launch of the system, a total of 292 crore e-way bills have been generated of which 42% are for the inter-state transport of goods. This year 31st May saw the highest single day generation of 31,56,013 e-way bills.

The average monthly collections have increased from Rs 1.04 lakh crores in 2020-21 to Rs 1.24 lakh crores in ’21-22. In the first 2 months of this year the average collections are Rs. 1.55 lakh crores. It is a reasonable and fair expectation that this steady increasing trend will continue.

GST has eliminated the tax arbitrage that existed among Indian states under the CST/VAT regime. An intrusive control system, then, involving border check posts and physical verification of goods-laden-trucks played havoc resulting in loss of time and fuel. As a result the logistics chain for movement of cargo, even within the country, could not acquire scale and efficiency. Logistics costs were estimated to contribute as much as 15% to the cost of goods.

With no such arbitrage under the IGST and with the e-way bills, the logistics supply chain efficiencies have increased manifold. With our focus on multi-modal transport and now with PM Gati Shakti these gains are only sure to multiply.

In the pre-GST regime, on most of the items, the combined centre and states rates were more than 31%. However, under the GST, the rates of over 400 goods and 80 services have been reduced. The highest 28% rate is restricted to sin and luxury items. Out of a total of 230 items which were in the 28% slab close to 200 items have been shifted to lower slabs.

Special attention has been paid to the needs of the Micro, Small and Medium Enterprises (MSMEs).The objective continues to be that their tax and compliance burden be kept low. Equally, it was important to ensure that they remain integrated with the supply chain for the purpose of ITC. In this context, there were two important steps that were taken up: the enhancement of the threshold exemption limit from Rs 20 lakh to Rs 40 lakh for goods and the introduction of the Quarterly Returns and Monthly Payments (QRMP) scheme which has the potential to benefit 89% of the taxpayers.

Since inception, the administration of GST continues to be IT based and fully automated. The creation of GSTN, a professionally managed technology company to run the platform was a step in the right direction. Constant review and upgrading of the hardware and software capacities have helped in keeping the system nimble.

The system of automated IGST refunds by Customs and refund of accumulated input tax credit (ITC) to exporters by the GST authorities has made the neutralisation of input taxes on export goods and services seamless and hassle-free.

It is noteworthy that most litigations on GST matters have centred around issues such as ITC, powers available to the GST officers on aspects of enforcement such as issuing of summons, arrest of persons, attachment of property for recoveries etc. Even in the much highlighted recent judgement of the Hon. In Supreme Court in the case of Mohit Minerals vs UoI, the Court has not set aside or altered the fundamental features of the GST.

Asim Dasgupta, Finance Minister of West Bengal for 24 years, was the Chairperson of the Empowered Group of State Finance Ministers from 2000-2010. The first formulation of the GST laws was made in 2009. In an interview given to a business newspaper on 2 July 2017, he highlighted the significant features of the GST, which remain intact to this day: “The States never had the power to levy Service Tax. States have been asking from the very beginning for the power to levy Service Tax, and not simply [get] a share of it, With GST that has been brought in.”

He further added, “The Empowered Committee has been taking a firm stand on the autonomy of the States. The GST Council, incidentally, is a recommendatory body to Parliament for Central GST and to Assemblies for the State GST. Technically, the legislature may or may not accept it. So, this power of the legislature has not been taken away.”

Importantly, Dasgupta says, “As far as the rates are concerned, States and the Centre together are accepting a kind of single tax for both. So, in a sense, there is a partial sacrifice of States and the Centre in the interest of cooperative federalism. GST is giving additional powers to the State in terms of service tax. Half of the state’s domestic product is services.”

Former Finance Minister Arun Jaitley, on the completion of 2 years of GST said in his blog, “…GST proved to be both consumer and assessee friendly.” Thanks to the positivity shown by the taxpayers and the assessee’s embracing technology, GST, indeed has made India a single market

AS AMENDMENT BILL AWAITING GOVERNOR’S ASSENT PENSION DISBURSAL ON HOLD; CURRENT RATE OF DEARNESS ALLOWANCE ADMISSIBLE TO FORMER MLAs IS HIGHER THAN PUNJAB GOVT PENSIONERS

It has been three weeks since the House of Punjab Legislative Assembly on the last day of recently concluded Second  (Budget) Session on June 30 this year passed The Punjab State Legislature Members (Pension and Medical  Facilities Regulation) Amendment Bill, 2022 which thereafter was sent to State Governor  for  his assent after which it would get notified & enforced as a duly enacted Act.  

Pertinent that days after incumbent Aam Aadmi  Party (AAP) Government led by Bhagwant Mann assumed reins of power in March this year, it  took a bold and unprecedented decision that all Ex/former members (MLAs) of Punjab Assembly would be entitled  to get Pension for only one term irrespective of the fact that they had served as member of Assembly for how many terms and also irrespective of the tenures of the Punjab Vidhan Sabha. 

On May 2, the Punjab Cabinet approved the appropriate amendment in The Punjab State Legislature Members (Pension and Medical Facilities Regulation) Act, 1977 for enabling such change.  However, AAP dispensation was not able to enforce the same at once via promulgation of  Ordinance from the Governor Banwarilal Purohit as he returned the same in last week of May by asking the State Government that since the next Assembly Session was then due soon, hence it should be brought in the form of a Bill in the ensuring Session.

Thereafter, the  Amendment Bill  i.e. The Punjab State Legislature Members (Pension and Medical  Facilities Regulation) Amendment Bill, 2022 after being tabled in tje Assembly on  June 30, 2022 was passed the same day and is currently  pending awaiting assent of the Governor of Punjab. 

However, in the meanwhile,  ex-MLAs of Punjab Assembly including of previous 15th Punjab Assembly, which was dissolved with effect from March 11, 2022,  have not been getting their monthly Pension since the month of March, 2022. 

after perusing the text of the aforementioned Amendment Bill as passed by the House asserts that as per its Clause 1(2), it would eventually have prospective (future) and not retrospective (previous) effect i.e. in other words it would come into force from the date of its publication in the Punjab Government Gazette after receiving the assent of the Governor of Punjab. Hence, there is no rationale for withholding the Pension of former MLAs for the last three months. 

After due enactment followed by enforcement of aforementioned Amendment law, the ex-MLAs are supposed to receive a pension of sixty thousand rupees per mensem plus Dearness Allowance (DA) thereon as admissible to the Punjab Government pensioners irrespective of the number of terms an Ex-MLA has served as a member and irrespective of the tenures of the Punjab Vidhan Sabha in which he had served as a member.  However such ex-MLA after attaining the age of 65 years, 75 years and 80 years would be entitled to an increase of five percent, ten per cent and fifteen per cent respectively of the basic pension.

Currently an Ex-MLA receives a pension of 15 thousand rupees per mensem plus DA thereon as admissible to Punjab Government Pensioners for the first term and an additional ten thousand rupees plus DA thereon as admissible to Punjab Government Pensioners for every subsequent term  irrespective of the tenures of the Punjab Vidhan Sabha in which he had served as a Member.  However, after attaining the age of 65 years, 75 years and 80 years, such Ex-MLA is entitled to an increase of five percent, ten per cent and fifteen per cent respectively of the basic pension. 

There is an interesting catch here. Although the current rate of DA for Punjab Government Pensioners is 28% hence on that count, a former MLA  with a single term as member of Punjab Assembly and who is below 65 years of age seems to entitled to  monthly pension of only  nineteen thousand two hundred rupees but the fact is that ex-MLAs are actually getting much more DA than Punjab  Government Pensioners. 

For example,  a former MLA with a single term as member of Punjab Assembly apart from getting  fifteen thousand rupees as basic pension is additionally getting 50 percent of such amount i.e. seven thousand five hundred rupees as merged DA and further 234% gets added more as DA thus total Pension amount becomes over seventy five thousand rupees. This is when an ex-MLA is below sixty five years of age. The amount would increase further if the former legislator is over 65, 75 and 80 years of age. 

On the other hand, after enforcement of amended law, an ex-MLA with a single term  as member of Punjab Assembly and who is below 65 years of age would get rupees sixty thousand rupees as basic pension.

Now if  50 percent of such amount is added therein as merged DA and further 234% gets added more as DA, as is the case currently,  then the total Pension amount of such ex-MLA would become over three lakh rupees.

However, if only  28% (current rate of DA for Punjab Government Pensioners) is added to the basic pension of sixty thousand rupees, then it  would make the Pension amount as seventy six thousand eight hundred rupees for every single-term ex-MLA who is below 65 years. 

It remains to be seen if under the new arrangement i.e. post enforcement of recently amended law, which of the above rate of DA would be admissible to ex-MLAs of Punjab Assembly on their monthly Pension amount ?

AKALIS’ JULY 20 PROTEST AT JANTAR MANTAR SANS ALL THE MEMBERS OF COMMITTEE CONSTITUTED AT THE INSISTENCE OF HIGHEST TEMPORAL SEAT OF SIKHS FOR RELEASE OF DETENUES SIKHS

Recently a protest march for release of Sikh prisoners was organized at Delhi’s Jantar Mantar by the Shiromani Akali Dal (SAD) President Sukhbir Singh Badal supported by other parties in which apart from others Shiromani Gurdwara Parbandhak Committee (SGPC), Sri Amritsar’s President Harjinder Singh Dhami, Shiromani Akali Dal Delhi (SADD) President Paramjit Singh Sarna and JAGO Party’s President Manjit Singh G.K. also participated alongwith their supporters.

It was but natural to raise questions on this protest march because absence of 6 members out of 11 members Committee constituted under the patronage of Sri Akal Takhat Sahib namely Head of Damdami Taksal Baba Harnam Singh Khalsa, Head of Nihang Singh Tarna Dal Haria Vela Baba Nihal Singh, President of Shiromani Akali Dal (Amritsar) Simranjit Singh Mann, President of Delhi Sikh Gurdwara Management Committee (DSGMC) Harmeet Singh Kalka, President of Haryana Gurdwara Committee & Sikh preacher Baljeet Singh Daduwal and President of Management Committee of Takhat Sri Hazur Sahib Bhupinder Singh Minhas was noticed.

Position of Sukhbir Singh Badal and Harsimrat Kaur Badal became embarrassing when they confronted Union Home Minister Amit Shah and other Cabinet Ministers with placards in the premises of the Parliament House but their repeated requests to release the Sikh prisoners went unnoticed by these Ministers who did not care to listen to them.

Till now, it is not clear that under whose behest this protest march was organized because if it was from Shiromani Akali Dal than as per information received, why more than 200 employees were deployed in this march by the SGPC under written orders and why its President Harjinder Singh Dhami, SAD Delhi President Paramjit Singh Sarna and JAGO Party President Manjit Singh G.K. participated?

If this protest march was organized by the Sri Akal Takhat Sahib’s constituted 11 members Committee, then why are 6 remaining members not invited ? It is pertinent to say that the DSGMC office bearers through their Press Conference raised strong objection for not including Delhi Gurdwara Committee in this protest march.

In view of such circumstances, it is quite clear that the participating members left apart the main motive of the 11 members Committee and decided to organize a protest march on their own with their selfish motive and now they have no much interest in the so called Committee.

It cannot also be denied that the so-called Sikh leaders are embracing and giving clean chits to each other’s to save their downward image and to get control of the DSGMC, whether may be the Delhi unit SAD President Avtar Singh Hit, JAGO Party President Manjit Singh G.K. or SADD president Paramjit Singh Sarna.

On the other side, no fruitful progress has been made by the said 11 member’s Committee due to their internal fights because after lapse of more than 2 months, this Committee failed to hold meeting with either the Prime Minister or Union Home Minister for release of Sikh Prisoners or to approach the Chief Ministers of Karnataka and Delhi for release of Sikh Prisoners Bhai Gurdip Singh Khera & Devinderpal Singh Bhullar.

No news of any movement of other decisions of this Committee viz. constitution of an Advisory Committee of retired Sikh Judges of Hon’ble Supreme Court and High Courts, setting up of other sub-committee and collection of data of Sikh Prisoners lodged in various Jails in India etc.

The Jathedar Sahib of Sri Akal Takhat Sahib should take cognizance of this entire episode and see why some interested parties of this 11 members Committee constituted under Orders of Sri Akal Takhat Sahib are organizing protest march on their own by diverting from the main motive, which can create more hurdles for release of Sikh Prisoners.

GOOD REASONS TO STOP PLASTIC USE; TIME HAS COME TO IMPLEMENT SUCH IDEAS

In 2018, when India hosted World Environment Day on the theme Beat Plastic Pollution, Prime Minister (PM) Narendra Modi gave a call for eliminating single-use plastics (SUP). A year later, in his Independence Day speech, PM Modi raised the issue again and said, “Can we free India from single-use plastic? The time for implementing such an idea has come. May teams be mobilised to work in this direction… Shopkeepers should sell jute and cloth bags. Customers should adopt ways to reduce plastic usage. We must also put technologies in use to abolish plastic usage.”

There are very good reasons to stop using plastics. They harm the environment as well as the health of the people. Only a minuscule amount of plastics is recycled or destroyed in waste-to-energy facilities. Most end up in landfills, where they can take up to 1,000-plus years to decompose. Worse, plastics release toxic substances that leach into the soil and water. As they decompose, plastic breaks down into tiny pieces that eventually become microplastics. Newer research shows the presence of microplastics in soils, freshwater, and even the air we breathe. This is a matter of grave concern.

India’s call to eliminate SUPs provided momentum, leading to significant action on plastic pollution around the globe. This culminated in the historic adoption of ‘End Plastic Pollution: Towards an internationally legally binding instrument’ at the United Nations (UN) Environment Assembly meeting in Nairobi, Kenya, in March. The UN Environment Program’s executive director, Inger Andersen, called the agreement the most critical international multilateral environmental deal since the Paris climate accord.

In India, the ban on SUPs began on July 1. The ministry of environment, forest and climate change (MoEF) has also notified guidelines on the extended producer responsibility (EPR) for plastic packaging. The enforceable prescription of a minimum level of recycling of plastic packaging waste, collected under EPR by producers, importers, and brand owners, will strengthen the circular economy of plastic packaging waste. The EPR guidelines will also promote the development of new alternatives and give a push to sustainable plastic packaging.

The guidelines also mandate the use of recycled plastic content in packaging. The step will generate demand for recycled plastic material. Questions have been raised on alternatives. The Modi government believes that development should not come at the cost of the environment, and efforts to save the environment should not halt development. With that basic principle in mind and PM Modi’s call for Lifestyle for the Environment (LiFE), MoEF organised a national-level exhibition on alternatives to raise awareness. The states and Union territories (UTs) have been asked to organise similar fairs and provide incentives for an accelerated penetration of SUP alternatives.

A provisional standard on biodegradable plastic has been notified. The ministry of micro, small and medium enterprises (MSME) has made a provision in central government schemes to support MSME units manufacturing alternatives. States and UTs have also been asked to provide incentives to accelerate the penetration of SUP alternatives. MoEF is working with the Department for Promotion of Industry and Internal Trade to take forward innovative ideas on alternatives under the StartUp India Scheme.

The Central Pollution Control Board (CPCB) has issued one-time certificates to around 200 manufacturers of compostable plastic. In line with the Modi government’s ease of doing business policy, the certificates do not require renewal. An online portal has been developed to facilitate the certification of these manufacturers. To support MSMEs, CPCB in association with the Central Institute of Petrochemicals Engineering & Technology (CIPET) is organising workshops for MSMEs to transition to SUP alternatives. Directions have been issued to e-commerce companies, leading sellers/users, and plastic raw material manufacturers on the ban. But the bid to save the environment can never achieve its desired results without janbhagidari (people’s participation). To encourage citizens, awareness drives are underway.

CPCB has also undertaken comprehensive measures to make the SUP ban successful. Its Comprehensive Action Plan includes measures to reduce the supply of raw materials and plastic demand, roll out digital interventions for efficient monitoring and creating awareness and guidance to state boards for effective implementation of directions. The National Dashboard on Elimination of Single-Use Plastic and Plastic Waste Management has also been set up to monitor the implementation of the plan.

The ban is a significant step towards building a sustainable planet we can proudly hand over to the next generation. We can eliminate SUPs from our daily lives with everyone’s participation and combined efforts. Living by the PM’s vision of LiFE and adopting environmentally friendly alternatives are the only ways to build a sustainable future.

UNDER ARTICLE 102 OF INDIAN CONSTITUTION, MP CAN BE DISQUALIFIED IF HE HOLDS ANY OFFICE OF PROFIT UNDER GOVT WHICH IS EXPRESSLY NOT EXCLUDED BY PARLIAMENT

The appointment of Raghav Chadha, senior Aam Aadmi Party (AAP) leader and Member of Parliament of Rajya Sabha from the State of Punjab as Chairman of Advisory Committee (AC) by Chief Minister of Punjab, Bhagwant Mann has apart from inviting political criticism by opposition parties in the state, has also come under a sort of legal scanner. Chadha’s appointment was announced on July 12.

Article 102(1)(a) of Constitution of India asserts that Member of Parliament (MP) of either House of Parliament can be disqualified as such if he holds any office of profit under the Government of India or the Government of the State other than an office declared by Parliament by law not to disqualify its holder.

In pursuance of above Article, a law namely Parliament (Prevention of Disqualification) Act, 1959 was enacted by Parliament as Act number 10 of 1959 which has been amended several times in last six decades and which specifies explicit names and designations of certain offices both under the Government of India as well as Government of different States in the country the holding of whom by MPs would not disqualify them as Members of Parliament.

Section 3(h) of aforementioned 1959 Act excludes the Office of Chairman or member of a committee (whether consisting of one or more members), set up temporarily for the purpose of advising the Government or any other authority in respect of any matter of public importance or for the purpose of making an inquiry into, or collecting statistics in respect of, any such matter, if the holder of such office is not entitled to any remuneration other than compensatory allowance.

Pertinent that the Advisory Committee (AC) in Punjab has been constituted vide a State Government Notification dated July 6, 2022 nevertheless as a temporary (adhoc) committee to advise the Government of Punjab on matters of public importance pertaining to Public Administration. The Chairperson and members of ibid Committee are however not entitled to any compensation, remuneration or perks of any kind or nomenclature in respect of such appointment. They shall not even be entitled to payments that are compensatory in nature, including any reimbursements.

Hence, in view of Section 3(h) of the 1959 Act, the office of Chairperson of PAC seems to be out of the purview of office of Profit.

When in May, 2004 UPA-1 dispensation headed by Dr. Manmohan Singh, then Prime Minister of India, came to power, immediately National Advisory Council (NAC) was constituted in June 2004 which was headed by none other than then Congress party President, Sonia Gandhi.

Two years later in March 2006 in the aftermath of then Rajya Sabha MP from Samajwadi Party, Jaya Bachchan, getting disqualified on account of her concurrently  holding the post of Chairperson of Uttar Pradesh Film Development Council which was held as Office of Profit firstly by then President of India, on the opinion given by Election Commission of India (which was later also upheld by Supreme Court of India in May 2006),  days after Jaya’s disqualification in ibid case, Sonia Gandhi also tendered as resignation not only then Lok Sabha MP from Amethi  but also as Chairperson of NAC. Actually, BJP and certain opposition parties then raised hue and cry over Sonia’s disqualification also as MP since NAC was labelled as Office of Profit.

Meanwhile, both Jaya and Sonia got re-elected to Rajya Sabha and Lok Sabha in next few months after their disqualification and resignation respectively.  

However, in August 2006 the Parliament amended Section 3 of 1959 Act by incorporating a new sub-section 3(ad) which specifically excluded  the office of the Chairperson of the National Advisory Council as constituted by the Government of India in the Cabinet Secretariat on May 31, 2004. However, Sonia Gandhi re-assumed the charge of Chairperson of NAC only in March, 2010 and she remained as such till May, 2014 when the UPA-II Government was voted out of power.

Amidst all this,  it remains to be examined thoroughly that the recently constituted Advisory Committee is akin to the Sonia Gandhi led NAC in the Manmohan Singh led two successive UPA regimes. 

And if office of Chairperson, NAC had to be specifically included in the 1959 law  by an Amendment Act of Parliament so as to grant statutory immunity to Sonia Gandhi from being disqualified as MP on account of her holding such Office, then perhaps the same night also be needed in case of Raghav Chadha led Advisory Committee in Punjab.

AGENT CHECK MARKED BALLOT PAPER OF PARTY MLAS AND VERIFIES IT AFTER RESULT DECLARATION

In the Biennial Election for filling  2 seats of Rajya Sabha from the State of Haryana for which 3 candidates were in fray due to  which Voting was conducted  on June 10 and  after conclusion of counting, BJP’s Krishan Lal Pawar and Independent Kartikeya Sharma (who contested however as Kartik Sharma) were declared elected. The third nominee i.e. Ajay Maken of Congress party lost by a too narrow margin post the second round of counting.

Further, it came to light that although a total 30 Votes were polled in favour of Cong candidate Maken however one Vote got declared invalid at the time of counting since it was not properly marked/recorded.

 The Cong has a total 31 MLAs in Haryana Assembly but since Kuldeep Bishnoi didn’t vote for the party candidate, Maken got only 30 Votes of which one Vote declared invalid. 

Meanwhile, the Congress party is yet to publicly reveal the name of such sole party MLA who recorded Vote in a wrong manner. The Authorized Agent of Congress as duly appointed during Voting in that Election, Vivek Bansal, to whom every Cong party MLA including  Bishnoi  showed marked/recorded Vote on the specific Ballot Paper  before inserting/putting the same into the Ballot Box, since it is legal necessity under law as such Election is through Open Ballot, is however asserting that he is not able to recall identity of such MLA who actually did the same i.e. who marked Vote wrongly.

Now what he is asserting is correct or else he is alleging so due to some other reasons, it remains to be examined. 

I have written to the Congress party high command urging it to  publicly disclose the name of such party MLA from Haryana who has voted in a wrong manner so that not only all  other party MLAs but rather public in general especially people of Haryana get aware of his/her name.

If one believes for a while that  Bansal, Cong party Authorized Agent is not able to recall the identity of such MLA during Voting Process who although had very much showed the wrongly Marked Vote to him before inserting the same in Ballot Box but the point is that not only during Voting but even after declaration of Result and before the record is finally sealed, it is clearly provided in Rule 84(c) of Conduct of Election Rules, 1961 that the Returning Officer (R.O.) shall before sealing the packets ( i.e. containing both valid and rejected ballot papers) allow the Authorized Agent of every political party to verify as to whom the electors being members of that political party have cast their votes. 

Hence, even if Cong Authorised Agent Bansal does not recalls the identity of party MLA who marked Ballot Paper wrongly during Voting, as he has been asserting hitherto, the significant question which arises is that if he actually verified Votes cast by all Cong Party MLAs after declaration of result and before sealing of record by R.O. since Bansal was legally empowered to do so under Rule 84(c) of ibid 1961 Rules.  If he has not, then such  ignorance of law (read above rule) by him or else other polling/counting agents of Cong party is very  unfortunate and if he has done so and even after that he does not recalls who is that MLA, then it is much more unfortunate since it raises a serious question mark over his competency of being appointed as Authorised Agent in Rajya Sabha Election.

OVER CONFLICT, SAD FIELDS BIBI KAMALDEEP KAUR, RAJOANA’S SISTER AS SANGRUR BYPOLL CANDIDATE

Recently an eleven-member committee for release of Sikh prisoners was constituted by the Shiromani Gurdwara Parbandhak Committee (SGPC) on the direction of Sri Akal Takhat Sahib which was widely praised by the Sikh Community worldwide.

In this Committee, apart from the Head of Damdami Taksal Baba Harnam Singh Khalsa and Head of Nihag Singh Tarna Dal Haria Velan Baba Nihal Singh, SGPC President Advocate Harjinder Singh Dhami, President of Political party Shiromani Akali Dal Sukhbir Singh Badal, President of Shiromani Akali Dal (Amritsar) Simranjeet Singh Mann, Delhi Sikh Gurdwara Management Committee (DSGMC) President Harmeet Singh Kalka, former Presidents Paramjit Singh Sarna, Manjit Singh G.K. and Sikh preacher Baljit Singh Daduwal were included, whereas two more members Avtar Singh Hit, President of Takhat Sri Patna Sahib and Bhupinder Singh Minhas, President of Managing Committee of Takhat Sri Hazur Sahib were also included later in this Committee.

Although some members are connected with different political parties, a ray of hope for release of the Sikh prisoners was felt due to their unification.

However, some controversy erupted during the first meeting itself due to which no further advancement in the matter was seen. Where a protest was raised against Sukhbir Singh Badal due to his political status, questions were also raised against Takhat Patna Sahib President Avtar Singh Hit due to some other reasons.

It is pertinent to mention that during meeting of this Committee held in the 3rd week of May 2022, some vital decisions were taken which include fixing of meeting with the Prime Minister and Union Home Minister within 15 days to press release of Sikh prisoners, to expedite process of release of Bhai Gurdeep Singh Khera and Devinderpal Singh Bhullar with the Chief Ministers of Karnataka and Delhi respectively, constitution of an advisory Committee of retired judges of Supreme Court and High Courts, formation of other required sub-committee and to get detailed reports about the Sikh Prisoners lodged in different jails in India who have completed their sentence but have not been released so far. But due to the rift amongst the members of this Committee, no report regarding any concrete action was received so far through a period of more than one month has elapsed.

It is also a result of the mutual conflict in the Committee that whereas the Shiromani Akali Dal fielded Bibi Kamaldeep Kaur, sister of Sikh prisoner Balwant Singh Rajoana as its candidate for Punjab’s Sangrur district parliamentary bye-election slated for June 23, 2022, one of the main member of the said eleven members Committee Simranjeet Singh Mann also stood as a rival candidate against her on behalf of Shiromani Akali Dal (Amritsar).

MANN OPPOSED TO RAJOANA’S SISTER AS SANGRUR BYPOLL CANDIDATE

Now it has to be seen where Simranjeet Singh Mann will leave no stone unturned to campaign against his rival candidate Bibi Kamaldeep Kaur but side by side how Mr Mann will work wholeheartedly for the release of her Sikh prisoner brother.

It is also worthwhile to mention that in the recent past Shiromani Akali Dal fielded former SGPC President Bibi Jagir Kaur from Punjab’s Khandur Sahib Parliamentary elections against Bibi Paramjit Kaur Khalra, widow of Jaswant Singh Khalra, Human Rights activist. Apart from these, whether Congress minded former DSGMC President Paramjit Singh Sarna and other Akali and B.J.P. related members of this 11 members Committee will dare to shun their party ideology and take independent decisions ?

How MR SARNA WILL WORK WITH THE BADALS?

How does Mr Sarna work along Sukhbir Singh Badal when Badal family is accused by him for decades as main culprits in the desecration of Sri Guru Granth Sahib ji, Bargadi incidents, relation with Baba Ram Rahim and other charges of corruption ? By sharing stages whether Mr Sarna has given clean chits to Manjit Singh G.K. and Avtar Singh Hit earlier declared as most corrupt persons.

It appears that there is some hidden motive in this so-called unification because these parties having different ideologies cannot come out of their personal agenda.

AT TIME OF VOTING AND AFTER DECLARATION OF RESULT, BEFORE SEALING OF RECORD BY RETURNING OFFICER

Recently, during Biennial Election for filling two seats of Rajya Sabha from the State of Haryana for which three candidates were in fray due to which Polling was conducted on June 10 and  after  counting, BJP’s official candidate Krishan Lal Pawar and an Independent, who was although openly supported by ruling BJP-JJP and its supporting MLAs,  Kartikeya Sharma (who however contested in name of Kartik Sharma) both were declared elected.

The third nominee – Ajay Maken fielded by the Congress party lost by a narrow margin, post the second round of counting.

Further, it came to light that although a total 30 Votes were polled in favour of Congress candidate Maken however one Vote was declared invalid at the time of counting since it was not properly marked/recorded.

 The Cong party has a total of 31 MLAs in Haryana Assembly but since Kuldeep Bishnoi didn’t vote for the party candidate, Maken got only 30 Votes of which one Vote though was declared invalid.  Hence, if either of the above had not happened i.e. if Bishnoi had voted for Maken or else the party MLA had cast his Vote properly, then surely the Cong party had won the Rajya Sabha seat from Haryana. 

Meanwhile, the Congress party is yet to publicly disclose the name of such sole party MLA who recorded his/her Vote in a wrong manner. The Authorized Agent of Congress as duly appointed during Voting in that Election, Vivek Bansal, to whom every Cong party MLA including  Bishnoi  showed the marked/recorded Vote on the specific Ballot Paper  before the same was  inserted into the  Ballot Box, since it is legal necessity under law as such Election is through Open Ballot, is however asserting that he is not able to recall identity of such MLA who actually did the same i.e. who marked Vote wrongly. Now if what he is asserting is correct or else he is alleging due to some other reasons, it remains to be examined. 

I have written to  Congress party high command urging it to  publicly disclose the name of such party MLA from Haryana who has voted in a wrong manner so that not only all  other party MLAs but rather the public in general, especially people of Haryana, get aware of his/her name.

If one believes for a while that  Bansal, Cong party Authorized Agent is not able to recall the identity of such MLA during Voting Process who although had very much showed the wrongly Marked Vote to him before inserting the same into the Ballot Box but the point is that not only during Voting but even after declaration of Result and before the record is finally sealed, it is clearly provided in the Proviso to Rule 84 (2)(c) of Conduct of Election Rules, 1961 that the Returning Officer (R.O.) shall before sealing the packets ( i.e. containing both valid and rejected ballot papers) allow the Authorized Agent of every political party to verify as to whom the electors being members of that political party have cast their votes. 

Hence, even if Cong Authorised Agent Bansal does not recalls the identity of party MLA who marked Ballot Paper wrongly during Voting, as he has been asserting hitherto, the significant question which arises is that if he actually verified Votes cast by all Cong Party MLAs after declaration of result and before sealing of record by R.O. since Bansal was legally empowered to do so under Rule 84(2)(c) of ibid 1961 Rules.  If he has not, then such ignorance of law (read above rule) by him or else other polling/counting agents of Cong party is very  unfortunate and if he has done so and even after that he does not recalls who is that MLA, then it is much more unfortunate since it raises a serious question mark over his competency of being appointed as Authorised Agent in Rajya Sabha Election. 

CRORES SPENT ON GAMES, BUT IN WHOSE BENEFIT? WHEN UT ADMIN HAS TO GRADATION POLICY FOR SPORTSPERSON

Despite crores of rupees spent by the government of India on Khelo India youth games every year, it seems the ‘youth’ is missing from the gradation policy of Chandigarh Sports Department, making the hard work and efforts put in by the budding sports aspirant go waste.

Without the gradation policy many in the sports field say the purpose of youth games is lost. weeklong Khelo India sports events that were held in Panchkula, Haryana concluded on June 13.  

The Government of India started Khelo India in 2018 to promote youth games but the Chandigarh administration has not included the youth category in their sports policy so far. There are only two categories mentioned either junior or senior in the policy but the youth category goes missing.

We can elucidate it. For example, any player representing Chandigarh state in youth games can’t get any benefit just for the reason that the gradation policy doesn’t mention “youth” and the sports department can’t issue any gradation certificate to player, which means there is no clarity about the fact that the youth has played at what level and what is his or her playing and performance levels.

Senior officials and coaches of the sports dept have commented that the policy needs to be redrafted as youth of Chandigarh are deprived of benefits, which sports aspirants of the neighbouring states such as Punjab get.

The gradation certificate from the sports department is a necessity for the achiever to get admission into the professional colleges and other government institutions.

There is no doubt about the fact that budding sports aspirants who have picked up a sport, work hard in the gymnasium; and go to the playground to get trained for the sport he or she has chosen.

There is a demand coming from parents of the budding sports boys and girls that they are working hard to get the medals for the state at local, national and international level, the Chandigarh administration should take their dedication and hard work into consideration and amend their present policy as soon as possible. This will give a much needed boost to the youth of Chandigarh to strive better and higher.

Hardeep Singh a retired naval officer who represented the services team in various national and international boxing competitions and have won medals also suggested that the gradation policy is a must. In Punjab there is a system of gradation but Chandigarh doesn’t have, he said, adding, which is a loss to the budding sportspersons from the city. “In grading one who plays a game at a different level of category, on the basis of performance grading is offered,” he informed.

An officer in the sports department of Union territory Chandigarh revealed that the gradation policy was necessary to help sportspersons in their career progression. He adds that efforts were being made to have such a policy.