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SC UPHODLS UGC DIRECTIVE: NO PROMOTION WITHOUT EXAMS

Supreme Court has upheld UGC decision to hold final year exams by Sep 30. The court held that the states must hold exams to promote students, it added that if any state feels they can’t conduct exams, they must approach UGC for suitable reliefs.

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Supreme Court  has upheld UGC decision to hold final year exams by Sep 30. The court held that the states must hold exams to promote students, it added that if any state feels they can’t conduct exams, they must approach UGC for suitable reliefs.

Court  disposed of the petitions challenging the guidelines issued by the University Grants Commission (UGC) for conducting final semester exams by September 30 with following orders :

1. The bench has refused the prayer to quash the UGC guidelines to hold the exams.

2.The directions of State Disaster Management Authority for canceling exams in that particular State will prevail over the UGC directions.

3. However, the direction of the State Disaster Management Authority to pass the students on the basis of previous performance is beyond the scope of the Disaster Management Act.

4.States/UTs cannot promote final year students without examination as ordered by UGC. States/Union Territories given liberty to approach the UGC to seek postponement of the exams in the light of COVID19 pandemic situation.

A host of Senior Counsel including Abhishek Manu Singhvi, Shyam Divan, and Arvind Datar argued in favour of the interests of the students. They pointed out that the decision taken by some state governments to cancel the exams was only on account of the rising COVID-19 figures. Under normal circumstances, a deferment or cancellation of exams would not be stipulated.

1.Compelling students to appear for physical exams when the COVID-19 pandemic is intensifying exposes them to serious health risks, affecting their right to life.

2.The uniform direction issued by the UGC without taking into account local situations will put several students to grave prejudice, as several areas are containment zones and local lockdown is in prevalence in many regions.

3.The pandemic and the lockdown have disrupted the classes, and conducting exams without requisite number of classess is arbitrary and unreasonable.

4.There are many students of final semester who have either cleared job interviews or secured admission for higher courses. So granting them degree certificates at the earliest based on past performance is the best course available to protect the future of the students.

5.The option of online exams is also not viable given the stark digital divide, and the lack of uniform access to the internet across the spectrum.

6.Examination is not the only mode of evaluation. UGC follows the concept of ‘continuous evaluation’ of the student from day 1. Hence, internal assessments and performance of past semesters can be reckoned to award final degrees.

Read Also: Supreme Court throws out appeal seeking inquiry against former CJI Ranjan Gogoi

In its reply, UGC averred that the state governments are taking contradictory stands with regard to starting the academic session and conduct of the final year exams.

Initially, a total of 31 students from different universities across India had approached the Supreme Court to quash the UGC circular directing universities to wrap up final year examinations by September 30.

India News

Canada fact checks own media, rejects report claiming PM Modi knew of Nijjar murder plot

The clarification comes after a Canadian newspaper cited an unnamed national security official, claiming the alleged plot to murder Nijjar was orchestrated by Union Home Minister Amit Shah.

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Canada fact checks own media, rejects report claiming PM Modi knew of Nijjar murder plot

The Canadian government clarified that there is no evidence to connect Prime Minister Narendra Modi or his top officials to any criminal activity in Canada, including the killing of Khalistani terrorist Hardeep Singh Nijjar.

The clarification comes after a Canadian newspaper cited an unnamed national security official, claiming the alleged plot to murder Nijjar was orchestrated by Union Home Minister Amit Shah. The media report further alleged that PM Modi, External Affairs Minister S Jaishankar, and National Security Adviser Ajit Doval were informed about the plan.

Nonetheless, the same report acknowledged that the Canadian government had no direct evidence to support these claims against PM Modi. Issuing a statement, the Canadian government distanced itself from these allegations, mentioning that there was no substantiating evidence.

The statement underlined that on October 14th, because of a significant and ongoing threat to public safety, the RCMP and officials took the extraordinary step of making public accusations of serious criminal activity in Canada perpetrated by agents of the government of India.

It added that the government of Canada has not stated, nor is it aware of evidence, linking Prime Minister Modi, Minister Jaishankar, or NSA Doval to the serious criminal activity within Canada. It remarked that any suggestion to the contrary is both speculative and inaccurate.

Earlier, India furiously rejected the Canadian daily’s report as ludicrous, terming it detrimental to diplomatic ties that have been frosty since Canadian Prime Minister Justin Trudeau first accused India of involvement in Nijjar’s killing last year.

Ministry of External Affairs spokesperson Randhir Jaiswal said that they do not normally comment on media reports, but such ludicrous statements made to a newspaper purportedly by a Canadian government source should be dismissed with the contempt they deserve. He added that smear campaigns like this only further damage our already strained ties.

Diplomatic ties between India and Canada weakened when the Royal Canadian Mounted Police (RCMP) accused Indian government agents of involvement in criminal activities on Canadian soil, including murder, extortion, and intimidation. As the diplomatic rift intensified, both the countries expelled top envoys in response.

Hardeep Singh Nijjar was gunned down outside a gurdwara in Surrey, British Columbia, in June 2023. Earlier in 2024, Canadian authorities arrested and charged four Indian nationals for the murder.

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India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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