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What is the Anti Defection Law?

CONTEXT India’s first Member of Parliament to have been disqualified from the Lok Sabha has now been disqualified as an MLA in Mizoram. Mizoram Assembly Speaker disqualifies Zoram People’s Movement MLA Lalduhoma. Ground for disqualification The disqualification was on the ground that Mr. Lalduhoma had declared himself as a representative of the Zoram People’s Movement (ZPM) despite being elected as an independent candidate from the Serchhip Assembly constituency. He lost the character of an independent legislator because of the declaration. What is the Anti-Defection Law? The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act . It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House. The law applies to both Parliament and state assemblies. When can a member be disqualified? If a member of a house belonging to a political part...

Women Army officers move Supreme Court seeking explanation regarding Centres expression of 50 percent Permanent Commission

They want to debunk defence establishment’s announcement that 422 of 615 women officers screened have been found “fit” for a PC. Women Army officers on Tuesday moved the Supreme Court to debunk the defence establishment’s announcement on November 19th that 422 of 615 women officers screened have been found “fit” for a permanent commission. They said the announcement was more optics than substance. In fact, they said, only less than 50% of the women officers have been actually granted permanent commission (PC). They stated that the actual number of women officers “granted” PC would come to about 277 - less than half of 615 - women officers spread across 31 batches in 10 Arms/Services of the Army. Compared to this number, 90% male officers have been cleared for PC in the Army. "Announcement more optics than substance" “The exercise for grant of PC has been carried out more in optics, than in substance, rendering itself to be yet another instance of lip-service, adding to the ...

SC extends grant of PC for women officers in Navy till Dec 31

 The Supreme Court on Thursday extended, till December 31, the deadline for implementation of its verdict on grant of permanent commission (PC) to women SSC officers in the Indian Navy. SC extends grant of PC for women officers in Navy till Dec 31 The Supreme Court on Thursday extended, till December 31, the deadline for implementation of its verdict on grant of permanent commission (PC) to women SSC officers in the Indian Navy. A bench of Justices D.Y. Chandrachud, Indu Malhotra and Indira Banerjee passed the order on a civil contempt petition filed by five women officers, through advocate Pooja Dhar, as the officers concerned with the implementation of the March 17 verdict had not taken steps to comply with the directions issued by the court. The bench also asked the Centre to provide Rs 25 lakh compensation in four weeks to the five Naval women officers, who were not considered for the permanent commissions besides the pensionary benefits, which has already been given to them. T...

Permanent Commission for women in Indian Army: Know about the mandatory Battle Physical Efficiency Test

 The Indian Army has already started detailing women officers of the rank of Lt Colonels for Junior Command (JC) course at Army War College, Mhow – these courses are being conducted in July & October. Earlier this year, in a Supreme Court Order, permanent commission to all women officers with all consequential benefits have been given. The Indian Army has made it mandatory for all women officers/cadets/women recruits to go through Battle Physical Efficiency Test (BPET). This will be applicable to those women officers too who were commissioned before 2009 and are above 35 years of age. To test the physical fitness of an officer or a jawan who will be performing military tasks, this test has to be undertaken. There is a 5-km run, a 60-metre sprint for the women. Also, there is climbing vertical rope up to a certain height, jumping a 6-feet ditch, and also traversing horizontal rope up to a certain distance. These are as per the directions issued by the Directorate General of Mili...

SC gives one more month to Defence Ministry to grant permanent commission to women officers in Indian Army

Centre gets one more month to give permanent commission to women officers in Army. Defence Ministry sought six months time in view of pandemic, said decision making at final stage.   Supreme Court The Supreme Court has granted one more month to the Union Defence Ministry to comply with its February order and grant permanent commission to women officers in the Indian Army. Ministry of Defence had moved the top court seeking six more months to implement court's February verdict in view of the COVID-19 pandemic. Centre said that decision making was at a final stage and only formal orders were awaited. On February 17 this year, the apex court had upheld Delhi High Court's 2010 order which allowed permanent commission for women officers in Indian Army, and had asked Centre to comply with the order by May 2020. Centre has agreed to implement court's verdict in letter and spirit. While delivering its verdict in February, the top court had questioned non-implementation of the high ...

SC rules in favour of permanent commission for women officers in Navy

A women naval SSC officer retires in 10 years, whereas one with a permanent commission is entitled to serve for four more years, making it a total of 14 years. (Photo | HT) The Supreme Court (SC) on Tuesday ruled in favour of permanent commission to female officers in the Indian Navy and asked the government to treat men and women equally in the armed forces. The apex court bench headed by Justice D.Y. Chandrachud scrapped the statutory bar on giving permanent commission to women and said that the government cannot discriminate against women. “They (women) can sail with same efficiency as male officers," said the bench also comprising Justice Ajay Rastogi. The division bench also rejected the Centre’s stand that sea sailing duties cannot be granted to Short Service Commission (SSC) women officers in the Navy because its Russian vessels do not have washrooms for them. “A hundred and one excuses are no answer to the constitutional entitlement to dignity, which attaches to every indi...