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The law on impeachment of judge

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The law on impeachment of judge

As many as 75 members of the Rajya Sabha, from BJP, Left Front, Samajwadi Party, JD(U), BJD, Shiv Sena, AGP and AIADMK, notwithstanding their political differences, submitted a joint notice of motion for the removal of Dinakaran. Justice Dinakaran is charged with possessing wealth disproportionate to his known sources of income, acquisition of five housing board plots in favour of his wife and two daughters, benami transactions, possession of agricultural holdings in excess of the ceiling limit, illegal encroachment of public property “to deprive Dalits and poor of their right to livelihood”, “violation of human rights of Dalits and the poor”, destruction of evidence during underevaluation of properties” and illegal construction. The notice also charges him with “misuse of official position to unlawfully secure property and to facilitate other illegal acts for personal gain”. The Rajya Sabha Secretariat confirmed the receipt of the notice under Article 217 read with 124 (4) of the Constitution.

A member of the higher judiciary, which means the Judges and Chief Justices of the Supreme Court of India and the state High Courts, can be removed from service only through the process of impeachment under Article 124 (4) of the Constitution on grounds of proven misbehaviour or incapacity. In India, there is no other process by which a Judge can be removed from office before his term comes to an end. However, the process is very cumbersome. As per the Judges Inquiry Act, 1968, a complaint against a Judge has to be made through a resolution either by 100 members of the Lok Sabha or 50 Rajya Sabha members. After the MPs submit a duly signed motion to this effect to their respective presiding officers — Chairman of the Rajya Sabha or Speaker of the Lok Sabha — the presiding officer constitutes a three-member committee comprising two Judges — one from the Supreme Court and one Chief Justice of a High Court if the complaint is against a HC Judge; and two Supreme Court Judges if the complaint is against a sitting Judge of the apex court — and a jurist to probe the complaint and determine if it is a case fit for initiating the process of impeachment. Some Congress MPs belonging to the Dalit community have alleged ‘caste bias’ behind the move to impeach Karnataka High Court Chief Justice P D Dinakaran and are planning to mobilise Dalit MPs against the impeachment motion. They also plan to meet Congress president Sonia Gandhi on this issue, even as the ruling party remains non-committal on its stance.

Rangnath Commission: 10 per cent Muslim quota

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Government-appointed National Commission for Religious and Linguistic Minorities commission under the Rangnath Mishra has recommended 10 per cent reservation for Muslims and 5 per cent for other minorities in government jobs and favoured Scheduled Caste status for Dalits in all religions. Of India’s 1.2 billion population, Muslims are the largest minority at 14 percent followed by Christians at 2.3 percent, Sikhs at 1.9 percent, Buddhists at 0.8 percent, Jains at 0.4 percent and others including Parsis at 0.6 percent.

Recommendations:
1. To delink SC status from religion and abrogation of the 1950 Scheduled Caste Order, which “still excludes Muslims, Christians, Jains and Parsis from the SC net. The order originally restricted the SC status to Hindus only but it was later opened to Buddhists and Sikhs.

2. 10 per cent should be reserved for Muslims and 5 per cent for other minorities in central and state government jobs in all cadre and grades.

3. It added that in case of nonavailability of Muslims to fill the 10 per cent earmarked seats, these may be made available to other minorities but in “no case” shall any seat within the recommended 15 per cent be given to anybody from the majority community.

4. The minorities especially the Muslims are very much under-represented and sometimes wholly unrepresented in government jobs.

To address under-representation of minorities — particularly Muslims — in government employment, the Commission has recommended that 15 per cent of posts in all cadres and grades under the Central and State governments should be earmarked for minorities. Again, 10 per cent of this should go to Muslims and in case of nonavailability of candidates from this community, the remaining vacancies may be given to other minority groups.

In defining religious minorities, the Commission went beyond the scope of the definition used by the National Commission for Minorities. According to the report, it should include all religious minorities — large or small — including the Hindus in the Union Territory of Lakshadweep and the States of Jammu & Kashmir, Meghalaya, Mizoram, Nagaland and Punjab.

Fossils discovered: Oldest African ape fossil found in Uganda

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Ugandan and French scientists have found a fossil of a skull of a monkey climbing tree about 20 million years in the Karamoja region of Uganda. Scientists discovered the remains as they sought fossil remains of an extinct volcano in Karamoja, a semi-arid region in north-eastern Uganda. This discovery will help shed light on how humans evolved. The scientists held that the preliminary analysis showed the tree-climbing herbivore was roughly 10 years old when it died. The skull is about the same size as that of a chimp, but it had a smaller brain.

Organic LEDs, 3-D Glasses,

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The organic LEDs (OLEDs) are hailed as the next generation of environmentally friendly lighting technology. OLEDs use little power to produce light, even compared with modern energy-saving bulbs. The chemicals they are made from can be painted  on to thin, flexible surfaces, potentially allowing traditional light bulbs in homes and offices to be replaced with panels of energyefficient light built into walls, windows or even furniture. Other uses include flexible display screens, whose low power consumption would mean they could operate without mains power, for example as traffic warning signs powered by small solar panels. OLEDs are 2.5 times more efficient than standard energy-saving lightbulbs. If all modern lights were replaced by OLEDs, annual carbon emissions around the world could fall by almost 7. 4million tonnes by 2050. However, OLEDs are expensive to make and tend to have a relatively short life.3-D Glasses RealD offers 3-D sunglasses, top, prescription, right, child-size glasses and adult. “Bwana Devil,” has been regarded as the first of the commercial 3-D movies in the 1950s, but all work on the same general principle. About four million glasses made by RealD, the market leader, were worn during Avatar’s opening weekend in the United States. RealD’s glasses use polarized lenses and cost about 65 cents each. MasterImage 3D, another vendor, uses a similar technology. Dolby Laboratories, the company  behind theater sound systems, makes glasses that filter out different frequencies of red, green and blue. They cost about $28 each. The glasses of the third company, XpanD, use battery-powered LCD shutters that open and shut so each eye sees the appropriate frame of the movie. Those cost as much as $50 each.

Iran's Navy : Tests Cruise Missile "Ghader"

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Iran continues to defy international pressure to stop its nuclear program. In its latest show of strength, Iran test-fired a surface-to-surface cruise missile in international waters near the Strait of Hormuz. The missile, called Ghader, or Capable in Farsi, is a ground-to-ship cruise missile, and has a range of 200 kilometres. The highly advanced Ghader missile system has been upgraded in terms of its radar, satellite communications, precision in target destruction, as well as range and radar-evading mechanism. The Ghader missile is capable to strike naval vessels, including frigates and warships as well as onshore targets.

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