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Behind the deadly Tuticorin affair: Centre tweaked rules to help Vedanta avoid public hearing

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Behind the deadly Tuticorin affair: Centre tweaked rules to help Vedanta avoid public hearing

When local opposition to Vedanta owned Sterlite copper plant in Thoothukudi (earlier ‘Tuticorin’) exploded in an aggressive protest leading to violence and police firing which took 13 lives, Madras High Court stayed the expansion of the plant and ordered it to go for a public hearing. The company claimed it was not a legal requirement.

Some reports after this revealed that this was because the rules had been tweaked by the Centre to favour Vedanta.

While the Tamil Nadu government has been facing the ire for police action and is accused of favouring Vedanta, it is the UPA and then the Modi government which changed laws and tweaked rules for the company. The Modi government went to new lengths – we shall come back to it later here.

To begin with, said a report in The Economic Times (ET), Sterlite Industries was allowed by both the UPA and NDA governments to construct the copper smelter in Tuticorin without carrying out the mandated public hearing process.

The plant was first given the green signal by the environment ministry’s expert appraisal committee in 2008, when the United Progressive Alliance was in power, the ET report said.

In 2008, Vedanta’s Sterlite Industries Limited had sought exemption from public consultation. The 2006 Environment Impact Assessment (EIA) Rules state: “All Category ‘A’ and Category B1 projects or activities shall undertake public consultation, except… all projects or activities located within industrial estates or parks.”

Copper smelter plants fall under category A. However, Sterlite Industries sought for an exemption to this rule in 2008, stating that the smelter was located within an industrial park.

According to the report, the industrial park in question was not granted environmental clearance as the State Industries Promotion Corporation of Tamil Nadu (SIPCOT) industrial park was developed before the notification of the Environmental Impact Assessment rules. As the 2006 Environment Impact Assessment rules do not cover industrial parks which did not receive environmental clearance, officials quoted in the report say that this was the grey area where Sterlite brought forward its plea.

The project got the clearance in 2008, but was held up for five years as the environmental clearance process was challenged in court.

The government changed and Modi government took charge. It ‘resolved’ the issue in December 2014 when the environment ministry stated in a memorandum that an exemption of projects from public consultation “is available to the projects or activities or units located in industrial estates or parks, which were notified prior to September 14, 2006, i.e EIA notification coming into force”.

The memorandum was struck down by the National Green Tribunal (NGT) in 2016, but not before Sterlite secured a five-year extension on its environmental clearance for its expansion project.

This helped plants such as the one at Thoothukudi to be constructed without taking the people of the affected area into confidence.

This move enabling the existing rules to be passed was done through mere orders from ministry which called it a ‘clarification’. In effect, laid down notified regulations under the law were re-interpreted by a mere executive order in the name of providing a ‘clarification’ to the industry.

This allowed Vedanta and other industries who made pleas, to go ahead with their projects without holding discussions with the public, said a report in The Business Standard (BS).

This interpretation by the NDA government came an a bonanza for companies because the environment ministry under UPA government had insisted in May 2014 that projects such as Vedanta’s in Thoothukudi were required by law to first go through public consultations, the BS report said.

The NDA government reversed this position in December 2014 and in March 2015 the environment ministry extended Vedanta’s environmental clearance till December 2018. This it did even while the question of the need for public hearing by projects in different kinds of industrial parks was being contested in the courts. This allowed the company to carry out construction.

In 2016, the National Green Tribunal (NGT) ruled as illegal the December orders of the NDA government, which favoured Vedanta. Ministry officials maintained that annulling the government’s December 2014 orders would severely affect several projects, but the NGT eventually quashed the orders and on its directions, the ministry passed fresh orders expressly stating that projects in industrial parks without environmental clearances needed to hold public hearings.

But by then, Vedanta had already got an extension of the green clearance to its expansion project in Thoothukudi without having a public hearing and construction was on way, the report says. Soon, protests started.  Before the May 22 violence, protests had been on for 100 days.

It is on the basis of the 2016 ruling of the NGT that the court has ordered Vedanta to halt the project and go back to the public to hold consultations.

This brings us the the point mentioned earlier. The background to the Centre-Vedanta involves another aspect: that of political funding by corporate houses, especially foreign funding.

In March 2014, the Delhi High Court had held both the Congress and the BJP guilty of illegally receiving contributions from British mining and energy conglomerate Vedanta.

The Congress and the BJP separately challenged the ruling. After the BJP came to power, it amended a law with retrospective effect, making the alleged illegal foreign funds that the two parties received legal and nullifying the high court order.

The Representation of People’s Act, which lays down the rules for elections, bars political parties from accepting foreign funds. Modi government changed it by bringing in alterations through Finance Bill which cannot be stopped by Rajya Sabha. First, in the Finance Bill 2016, the Modi government amended the Foreign Contribution (Regulation) Act (FCRA) to make it easier for parties to accept foreign funds. In 2018, it amended it further to do away with the scope for scrutiny of political parties’ funding since 1976.

This enables the BJP to get funds from foreign companies such as Vedanta without being subjected to scrutiny or having to reveal the source or the amount.

India News

Government set to table One Nation, One Election bill in Lok Sabha on December 16

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Parliament Winter Session: Lok Sabha speaker warns opposition, No-Confidence motion against Rajya Sabha Chairman

The stage is set for a major legislative push by the central government as two bills related to the ambitious “One Nation, One Election” initiative are scheduled for introduction in the Lok Sabha on Monday, December 16.

Union Law Minister Arjun Ram Meghwal is expected to present The Constitution (129th Amendment) Bill and The Union Territories Laws (Amendment) Bill, marking a significant step towards implementing simultaneous Lok Sabha and state legislative assembly elections.

On Thursday, the Union Cabinet, chaired by Prime Minister Narendra Modi, gave its nod to the constitutional amendment bill that seeks to align elections for the Lok Sabha and state assemblies. This decision underscores the ruling Bharatiya Janata Party’s commitment to its long-standing agenda of electoral synchronization, aimed at reducing the frequency of polls and associated costs.

The Cabinet also approved a supplementary bill to amend specific provisions related to three Union territories with legislative assemblies—Delhi, Puducherry, and Jammu & Kashmir. This aligns their governance framework with the overarching constitutional amendments proposed under the “One Nation, One Election” initiative.

The constitutional amendment bill aims to streamline the electoral calendar by establishing a legal framework for conducting Lok Sabha and state assembly elections simultaneously. However, the government has, for now, opted to exclude local body polls, such as those for municipalities and panchayats, from this framework. A high-level committee chaired by former President Ram Nath Kovind had earlier suggested a phased approach to include local elections in the future.

The concept of “One Nation, One Election” has been a focal point in political discourse, with proponents arguing it will enhance governance by reducing electoral disruptions and fostering policy stability. Critics, however, have raised concerns about the logistical and constitutional challenges of synchronizing diverse electoral cycles across India’s federal structure.

This legislative development will undoubtedly dominate parliamentary discussions as political parties prepare to deliberate on the feasibility and implications of reshaping India’s electoral landscape.

The introduction of these bills is expected to spark robust debate, with the government emphasizing the potential benefits of reduced administrative burdens and streamlined governance, while opposition parties scrutinize its impact on India’s democratic fabric.

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Entertainment

Pushpa 2 The Rule continues strong box office run on day 9, collects Rs 758.93 crore

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Allu Arjun Pushpa The Rule

Sukumar’s highly anticipated film Pushpa 2: The Rule, featuring Allu Arjun, Rashmika Mandanna, and Fahadh Faasil, remains a force at the box office, even nine days post-release. The action-packed sequel has struck a chord with audiences, achieving remarkable earnings on its second Friday.

According to reports, Pushpa 2: The Rule garnered 32.63 crore on its second Friday in India, bringing its domestic collection to Rs 758.93 crore net within nine days. During its first week, the movie earned a staggering Rs 725.8 crore, with Rs 10.65 crore coming from its premiere and Rs 164.25 crore collected on the opening day.

Despite a slight drop to Rs 93.8 crore on its first Friday, the film rebounded over the weekend, raking in Rs 119.25 crore on Saturday and Rs 141.05 crore on Sunday. Throughout the week, the collection remained steady, adding Rs 64.45 crore on Monday, Rs 51.55 crore on Tuesday, Rs 43.35 crore on Wednesday, and Rs 37.45 crore on Thursday.

Incident at Hyderabad theatre premiere

The excitement surrounding Pushpa 2: The Rule took a tragic turn during its premiere at Sandhya Theatre in Hyderabad, where Allu Arjun, Rashmika Mandanna, and the team joined fans to celebrate the release. Overwhelming crowds led to a stampede-like situation, resulting in the death of one fan and critical injuries to another.

Following the incident, police arrested Allu Arjun, alleging negligence for failing to inform authorities about the gathering. However, a leaked document suggested the theatre management had alerted the police beforehand, requesting adequate security measures.

The Telangana High Court granted interim bail to Arjun for four weeks after the Nampally Court had initially ordered a 14-day judicial remand. The incident has sparked outrage across the industry, with several celebrities, including Varun Dhawan, Nani, Rashmika Mandanna, and Vivek Oberoi, voicing their support for the actor.

Steady success despite challenges

While the controversy has added a somber note to the film’s journey, Pushpa 2: The Rule continues to perform exceptionally well, solidifying its place as one of the highest-grossing films of the year. Fans are expected to continue flocking to theatres, keeping the film’s momentum alive in the coming weeks.

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India News

BJP leader LK Advani, 97, hospitalized again due to health concerns

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Lal Krishna Advani, a towering figure in Indian politics and one of the founding members of the Bharatiya Janata Party (BJP), has been admitted to Apollo Hospital in Delhi after his health deteriorated late last night. The 97-year-old veteran leader has been grappling with persistent health issues, marking this as his fourth hospital visit since July.

According to sources, Mr. Advani has been undergoing treatment intermittently at both Apollo Hospital and the All India Institute of Medical Sciences (AIIMS) in Delhi over the past few months. His hospitalization comes as he continues to face age-related ailments that require specialized medical attention.

BJP spokesperson K Krishna Sagar Rao expressed concern and extended wishes for Mr. Advani’s recovery. “I pray for a good, healthy recovery for our tallest leader, Shri LK Advani, as he is admitted into Apollo Hospital, Delhi,” Mr. Rao wrote on X, formerly Twitter.


Born on November 8, 1927, in Karachi, then part of undivided India, LK Advani’s political journey began during the tumultuous era of pre-Independence India. He joined the Rashtriya Swayamsevak Sangh (RSS) in 1942 and later became instrumental in shaping the BJP into a national political force.

Known for his political acumen and ideological commitment, Mr. Advani served as the longest-tenured National President of the BJP. He played a central role in the BJP’s rise, particularly through his leadership during the Ayodhya movement in the 1990s, which redefined the party’s trajectory.

During the Atal Bihari Vajpayee-led NDA government, Mr. Advani held significant positions, including Home Minister and Deputy Prime Minister, from 1999 to 2004. His leadership was marked by decisive policymaking and efforts to bolster India’s internal security.

In March this year, Mr. Advani was awarded the Bharat Ratna, India’s highest civilian honor, by President Droupadi Murmu. The award recognized his immense contributions to Indian politics and his role in shaping the modern political landscape of the country.

As news of his hospitalization spread, prayers and well-wishes poured in from party leaders, colleagues, and admirers. Many credit Mr. Advani for laying the foundation of the BJP’s political philosophy and for his unwavering dedication to the nation.

While Mr. Advani remains under medical observation, his resilience continues to inspire generations of leaders. Updates on his health are being closely monitored, with hopes for his speedy recovery.


LK Advani’s journey in Indian politics spans over seven decades, reflecting a life dedicated to public service, ideological conviction, and national progress. His influence on the BJP and the broader political spectrum of India remains unparalleled, making him one of the most revered figures in contemporary Indian history.

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