1 JANUARY 2015: NJAC to become reality in 2015

Ø  Investigating agencies have recommended the setting up of a central anti-terror mechanism placing intelligence and investigation wings under a single command for more coordinated action against emerging internal security challenges. The Union Home Ministry has received a proposal that such a unified body, encompassing the intelligence gathering, analysis and dissemination wing; forensic divisions; and investigation and prosecution wings, be created through an executive order. The Central Bureau of Investigation was also set up in the same manner under the Delhi Special Police Establishment Act. It has been suggested that the Multi Agency Centre and the operations wings of the Intelligence Bureau, other than those dealing with political intelligence, be brought under the new setup. Arguing for insulating the intelligence wing from any vulnerability under the proposed single command, some security experts said all the divisions could function independently. Even the National Investigation Agency, which has statutory powers under the NIA Act to probe terrorism cases either with the consent of the State governments or on the direction of the Union Home Ministry, can be brought in as the investigation and prosecution wing. It was after the 26/11 Mumbai terror attack that the then Home Minister, P. Chidambaram, suggested setting up of the National Counter Terrorism Centre (NCTC), on the lines of the one in the United States and the British Joint Terrorism Analysis Centre, for coordinated counter-terror operations. However, concerned that such an agency could well be abused by the Centre for political ends, many Chief Ministers struck down the idea primarily because the unit was to function under the Intelligence Bureau and, unlike the U.S. agency, it would be empowered to conduct searches and arrests under Sections 43 and 43A of the Unlawful Activities Prevention Act. In 2012, the Centre came up with an office memorandum defining the functions, powers and duties of the NCTC as a single and effective point of control and coordination of all counter-terrorism measures, which would work through the existing agencies in the country.

Ø  Indian Space Research Organisation (ISRO) Chairman K. Radhakrishnan retired. Shailesh Nayak, who is Secretary, Union Earth Sciences Ministry, will hold additional and interim charge as Chairman for a month or until a regular chief is named, said an order by the Secretary, Appointments’ Committee of the Union Cabinet.

Ø  The President gave his assent to the setting up of the National Judicial Appointments Commission as a constitutional body. The commission gives the executive an equal role in the appointment of judges to the highest judiciary. Official sources said the President had given his approval to the Constitution (121st Amendment) Bill. The amendment to make the NJAC a constitutional body for appointment of judges to the Supreme Court and the High Courts was recently ratified by the legislatures of 15 States. A Constitution Amendment Bill needs to be ratified by at least 50 per cent of the Assemblies. Once the commission is in place, the government has to intimate it, within 30 days, of the vacancies in the Supreme Court and the High Courts. Vacancies to come up within the next six months should also be intimated to the commission in advance. The NJAC has the Chief Justice of India as chairperson and two senior-most judges of the Supreme Court as members, apart from the Union Law Minister and two eminent personalities, one of whom would be nominated from among the Scheduled Castes, the Scheduled Tribes, minorities, the Other Backward Classes or women. However, the 121st Constitutional Amendment Bill and the NJAC Bill have been subjects of litigation in the Supreme Court. In August 2014, shortly after Parliament passed the Bills, four public interest litigation petitions were filed in the Supreme Court, seeking to declare them unconstitutional as they violated the basic structure of the Constitution by infringing on judicial independence. But a Bench, led by Justice A.R. Dave, refused to entertain them, observing that it was too “premature” for the court to intervene as the 121st Constitution Amendment Bill was yet to be ratified by the States. However, the Bench said the parties could move the Supreme Court on the same ground at an appropriate stage.

Ø  The Union government is likely to ban live coverage of anti-terror operations by television channels soon. Citing the difficulties caused by such coverage during the 26/11 Mumbai terror attacks, the Home Ministry has asked the Information and Broadcasting Ministry to amend the Programme Code under the Cable Television Network Rules to ban live telecast of terror-related operations.

Ø  A.K. Mittal was appointed as the new Chairman of Railway Board succeeding Arunendra Kumar, who superannuated on December 31. Mr. Mittal, the senior-most official, was earlier Member Staff in the Railway Board. Pradeep Kumar, who was General Manager of the North Central Railway holding additional charge of Northern Railway, has become new Member Staff succeeding Mr. Mittal. The Railways also filled the post of Member Electrical, which was lying vacant for more than six months after the retirement of Kulbhushan in July 31 this year. Navin Tondon, General Manager of South Eastern Central Railways, has been appointed Member Electrical. V.K. Gupta, Member Engineering, has been given additional responsibility of Member Mechanical at the Board.

Ø  The draft National Health Policy 2015 proposes that “the Centre shall enact, after due discussion and on the request of three or more States (using the same legal clause as used for the Clinical Establishments Bill), a National Health Rights Act, which will make ensuring health as a fundamental right, whose denial will be justiciable.

Ø  On the issue of increasing health spending, the draft says it accepts and endorses the understanding that a full achievement of the millennium development goals will require an increase in public health expenditure from 4 to 5 per cent of the GDP.