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Thursday, 5 December 2019

Telecom Disputes Settlement Appellate Tribunal (TDSAT)

The policy of liberalisation that was embarked by Prime Minister P. V. Narasimha Rao in the 1990s helped the Indian Telecom sector to grow rapidly. The government gradually allowed the entry of the private sectors into telecom equipment manufacturing, value added services, radio paging and cellular mobile services. In 1994, the government formed the National Telecom Policy (NTP) which helped to attract Foreign Direct Investments (FDI) and domestic investments. The entry of private and international players resulted in need of independent regulatory body. As a result, The Telecom Regulatory Authority of India (TRAI) was established on 20 February 1997 by an act of parliament called "Telecom Regulatory Authority of India Act 1997". 

The mission of TRAI was to create and nurture an environment which will enable quick growth of the telecommunication sector in the country. One of the major objective of TRAI is to provide a transparent policy environment. TRAI has regularly issued orders and directions on various subjects like tariff, interconnections, Direct To Home (DTH) services and mobile number portability. 

In 2000, the Vajpayee government constituted the Telecom Disputes Settlement Appellate Tribunal (TDSAT) through an amendment of the 1997 act, through an ordinance. The primary objective of TDSAT's establishment was to release TRAI from adjudicatory and dispute settlement functions in order to strengthen the regulatory framework. Any dispute involving parties like licensor, licensee, service provider and consumers are resolved by TDSAT. Moreover, any direction, order or decision of TRAI can be challenged by appealing in TDSAT.
 
 
The TDSAT consists of a Chairperson and two Members. 

Know about TRAI

The Telecom Regulatory Authority of India (TRAI) is a statutory body set up by the Government of India under section 3 of the Telecom Regulatory Authority of India Act, 1997. 

It is the regulator of the telecommunications sector in India. It consists of a Chairperson and not more than two full-time members and not more than two part-time members. 

Telecom Regulatory Authority of India was established on 20 February 1997 by an Act of Parliament to regulate telecom services and tariffs in India. Earlier regulation of telecom services and tariffs was overseen by the Central Government.

The current Chairman of TRAI is Ram Sewak Sharma

TRAI's mission is to create and nurture conditions for growth of telecommunications in India to enable the country to have a leading role in the emerging global information society.

One of its main objectives is to provide a fair and transparent environment that promotes a level playing field and facilitates fair competition in the market. TRAI regularly issues orders and directions on various subjects such as tariffs, interconnections, quality of service, Direct To Home (DTH) services and mobile number portability .


 Telecom Disputes Settlement and Appellate Tribunal

What is the BJP’s political gain or loss from the Citizenship Amendment Bill 2019 ?


The shaky part for the BJP lies in managing its electorate as it endorses both a pro-citizenship law and one against it. The Bill has found support in Assam’s Barak valley which has a high concentration of Bengali-speaking Hindus. 

The Asom Gana Parishad (AGP), a signatory to the 1985 Accord and a supporter of the NRC, had left the alliance with the BJP after the Bill was passed in the Lok Sabha. In Manipur, where the BJP is in power, chief minister N Biren Singh, too, has expressed the state’s concerns. 

In Meghalaya, the United Democratic Party (UDP) and the National People’s Party (NPP), the BJP’s partners in the state, have opposed the Bill. The Nagaland government too has expressed its reservations over the CAB. 

​The BJP would be hoping the Citizenship (Amendment) will help it in other states, like among the Bengali Hindus in West Bengal.

The Citizenship Amendment Bill 2019

What is Citizenship Act 1955 ?
Image result for citizenship amendment bill
Along with the Constitution of India, the Citizenship Act, 1955, is the exhaustive law relating to citizenship in India. The conferment of a person, as a citizen of India, is governed by Articles 5 to 11 (Part II) of the Constitution of India. ... It is a punishable offence if the person fails to surrender the passport.
The Citizenship (Amendment) Bill, 2019 provides for according Indian citizenship to Hindus, Jains, Christians, Sikhs, Buddhists and Parsis from Bangladesh, Pakistan and Afghanistan after seven years of residence in India instead of 12 years, which is the norm currently, even if they do not possess any document.

The Citizenship (Amendment) Bill, 2019 provides for according Indian citizenship to Hindus, Jains, Christians, Sikhs, Buddhists and Parsis from Bangladesh, Pakistan and Afghanistan after seven years of residence in India instead of 12 years, which is the norm currently, even if they do not possess any document.

The Citizenship (Amendment) Bill, 2019 provides for according Indian citizenship to Hindus, Jains, Christians, Sikhs, Buddhists and Parsis from Bangladesh, Pakistan and Afghanistan after seven years of residence in India instead of 12 years, which is the norm currently, even if they do not possess any document.

There has been strong opposition to the bill in Assam and other Northeastern states.

Student organisations, political parties and socio-cultural bodies have been protesting on the grounds that it seeks to grant nationality to non-Muslims who have come into India up to December 31, 2014, thereby increasing the deadline from 1971 as per the Assam Accord.

Also, according to the Assam Accord, all illegal immigrants who have come after 1971, irrespective of their religion, have to be deported and this bill violates that.

Two BJP chief ministers of the Northeast -- Arunachal Pradesh's Pema Khandu and Manipur's N Biren Dingh -- have also voiced their opposition to the contentious Bill.

In February 2019, Prime Minister Narendra Modi announced that the bill is an "atonement of the wrong that was done during India's Partition. India will safeguard all who had been victims of the Partition". 
Why is the Bill facing criticism?
This proposed legislation has received considerable flak due to the perceived threat to minorities. While the National Register of Citizens (NRC) exercise in Assam did not distinguish illegal immigrants on the basis of religion, critics say the Bill is designed to exclude Muslims and favour Hindus.
According to detractors, the Bill also goes against Article 14 of the Constitution which guarantees the right to equality. The bill seeks to give citizenship on the basis of religion.
Article 14 of the Indian constitution of India provides that the state shall not deny to any person Equality before the law or the equal protection of the laws in the Territory of India.
What happens if bill passed ?
If the Bill is passed, persons belonging to these communities would not be jailed or deported under the Passport (Entry into India) Act of 1920 and the Foreigners Act of 1946. It sets December 31, 2014, as the cut-off date after which any person moving to India from these neighboring countries will be considered for citizenship.


What is the BJP’s political gain or loss from the Citizenship Amendment Bill 2019 ? 
References : Economic Times ,News 18

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