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CONTENTS

Section-1  RESOLUTION 14 ►PARLIAMENTARY COMMITTEES 15 Basics of Constitution of India  STANDING COMMITTEES 15 02 ►IMPORTANT COMMITTEES 16

►FINANCIAL MATTERS 16 ►PREAMBLE 02 ►ANNUAL FINANCIAL STATEMENT - ARTICLE 112 16 ►INTERSTATE RIVER WATER DISPUTES ACT (IRWD ACT) 17 ►PART-III FUNDAMENTAL RIGHTS (F.R.) 02 ►EMERGENCY PROVISIONS 17 ►STATE (ARTICLES 12) 03 ►ARTICLE-352 18 ►LAWS INCONSISTENT WITH FUNDAMENTAL RIGHTS & JUDICIAL REVIEW (ARTICLES 13) 03 ►ARTICLE 356 - FAILURE OF CONSTITUTIONAL MACHINERY IN STATE 18 ►RIGHT TO EQUALITY (ARTICLES 14-18) 03 ►FINANCIAL EMERGENCY – ARTICLE 360 18 ►RIGHT TO FREEDOM (ARTICLES 19-22) 04

►RIGHT AGAINST EXPLOITATION (ARTICLES 23-24) 05 ►ROLE OF GOVERNOR 19

►RIGHT TO FREEDOM OF RELIGION (ARTICLES 25-28) 05 ►DOES GOVERNOR PERFORM A DUAL FUNCTION? 19 ►CULTURAL AND EDUCATIONAL RIGHTS (ARTICLES 29-30) 06 ►CASE OF DELHI 19 ►RIGHT TO CONSTITUTIONAL REMEDIES (ARTICLE 32) 06 ►JAMMU & KASHMIR: GST AND ARTICLE 35A 21 ►DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP) 06 ►NORTH EASTERN COUNCIL 21

►DPSP CLASSIFICATION 07 ►PANCHAYATS 22 ►FUNDAMENTAL DUTIES (F.D.) 07 ►MUNICIPALITY 23 ►PARLIAMENT 08 ►97TH CONSTITUTIONAL AMENDMENT- ►PRESIDENT 08 COOPERATIVE 23 ►VICE-PRESIDENT 08 ►CONSTITUTIONAL BODIES 24 ►PUBLIC SERVICE COMMISSION 24 ►LOK SABHA 09 ►UNION PUBLIC SERVICE COMMISSION (UPSC) 25

►RAJYA SABHA 09 ►STATE PUBLIC SERVICE COMMISSION (SPSC) 25 ►CONDUCT OF BUSINESS BY PARLIAMENT 10 ►JOINT PUBLIC SERVICE COMMISSION (JPC) 26 ►COMPTROLLER AND AUDITOR GENERAL OF INDIA (CAG) 27 ►BILLS 11 ►FINANCE COMMISSION 28 ►OTHER PARLIAMENTARY PROCESS 13 ►NATIONAL COMMISSION FOR SCHEDULED CASTE (NCSC) 28

►MOTIONS AND RESOLUTIONS 14 ►NATIONAL COMMISSION FOR SCHEDULED TRIBE (NCST) 29  MOTION 14

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►102ND CONSTITUTIONAL AMENDMENT ACT – NATIONAL ►MAHADAYI WATER DISPUTE 48 COMMISSION FOR BACKWARD CLASSES (NCBC) 30 ►KRISHNA WATER DISPUTES TRIBUNAL-II 48

►103RD CONSTITUTIONAL AMENDMENT ACT 30 ►ISLAND DEVELOPMENT AGENCY 48

►COMMISSION ON OFFICIAL LANGUAGE 31 ►NORTH EAST AUTONOMOUS COUNCIL 49 ► INNER LINE PERMIT (ILP) 49 ►SPECIAL OFFICER FOR LINGUISTIC MINORITIES 31

►ELECTION COMMISSION 32 CITIZENSHIP 50

►SCHEDULES UNDER THE CONSTITUTION OF INDIA 33 ►ASSAM ACCORD 50 ►NATIONAL REGISTER OF CITIZENS (NRC) 50 ►STATUTORY BODIES 34 ►CITIZENSHIP TO CHAKMA AND HAJONG REFUGEES 51 ►NATIONAL COMMISSION FOR BACKWARD CLASSES (NCBC) 34 ►LT. GOVERNOR OF DELHI AND ITS ROLE 51 ►NATIONAL COMMISSION FOR MINORITIES 34 ►LEH AND KARGIL SEEK AUTONOMY FROM KASHMIR 51 ►NATIONAL COMMISSION FOR THE PROTECTION OF CHILD ►PROTECTED AND RESTRICTED AREAS 52 RIGHTS (NCPCR) 35 FUNDAMENTAL RIGHTS 53 ►NATIONAL COMMISSION FOR WOMEN 35 ►CENTRAL CIVIL SERVICES (CSC) (CONDUCT) RULES, 1964 ►NATIONAL HUMAN RIGHTS COMMISSION (NHRC) & STATE 53 36 HUMAN RIGHTS COMMISSION (SHRC) ►SEDITION 53  36 NHRC ►RIGHT TO PRIVACY 53  37 SHRC ►ARTICLE 35A 54  37 HUMAN RIGHTS COURT ►PREVENTIVE DETENTION 54 ►CENTRAL VIGILANCE COMMISSION (CVC) 38 ►THE NATIONAL FOOD SECURITY ACT, 2013 55 ►NATIONAL LEGAL SERVICE AUTHORITY (NALSA) 38 ►RIGHT TO EDUCATION AMENDMENT ACT 2019 (RTE) 56 ►LOK ADALATS 40 LEGISLATURE 57 ►QUALITY COUNCIL OF INDIA 41 ►BREACH OF PRIVILEGE 57 ►COMPETITION COMMISSION OF INDIA (CCI) 41 ►DEMAND FOR ABOLISHING THE CONCURRENT LIST 57 ►FOOD SAFETY AND STANDARD AUTHORITY (FSSAI) 42 ►OFFICE OF PROFIT 57 ►UNITED GROUP IN RAJYA SABHA 58 ►ODISHA APPROVES PROPOSAL FOR LEGISLATIVE COUNCIL Section-2 58 ►GOVERNORS’ ROLE IN THE DISSOLUTION OF STATE Current Affairs and Related ASSEMBLIES 58 ►SPEAKERS RESEARCH INITIATIVE 59 Concepts ►NATIONAL E-VIDHAN APPLICATION (NEVA) PROJECT 59 ►MEMBERS OF PARLIAMENT LOCAL AREA DEVELOPMENT 44 SCHEME (MPLADS) 59 ►LAW COMMISSION OF INDIA 60

JUDICIARY 61 UNION & THE STATES 44 ►REMOVAL OF CHIEF JUSTICE IN INDIA 61 ►STATEHOOD OF DELHI 44 ►SEPARATE HIGH COURTS FOR ANDHRA PRADESH & ►DEMAND FOR GORKHALAND 44 TELANGANA 61 ►ASSAM ACCORD 44 ►LIVE STREAMING OF SUPREME COURT PROCEEDINGS 62 ►SPECIAL CATEGORY STATUS (SCS) FOR THE STATES 46 ►TELE-LAW INITIATIVE 62 ►INTERSTATE COUNCIL (ISC) 46 ►PRO BONO LEGAL SERVICES & NYAY MITRA SCHEME 63 ►CAUVERY WATER MANAGEMENT SCHEME 47 ►INTEGRATED CASE MANAGEMENT INFORMATION SYSTEM ►SINGLE TRIBUNAL FOR INTERSTATE WATER DISPUTE 47 (ICMIS) 63 ►MAHANADI WATER DISPUTE 48 ►ALL INDIA JUDICIAL SERVICES 63 ►KEN BETWA RIVER PROJECT 48 ►e-COURTS PROJECT 63

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►RESERVATION IN PROMOTIONS 64 ►APP FOR MPS TO TRACK DEVELOPMENT 84 ►SABRIMALA ISSUE 64 ►THE MEGHALAYA COMMUNITY PARTICIPATION AND PUBLIC ►DOWRY HARASSMENT LAW 64 SERVICES SOCIAL AUDIT ACT, 2017 84 ►E-SAMIKSHA 84 ►ADULTERY 65 ►UMANG APP 84 ►SECTION 377 DECRIMINALIZED 65 ►E-OFFICE 85 ►CONTEMPT OF COURT 65 ►AADHAR ACT AND ORDINANCE 85 ►ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2018 66 ►AADHAAR CONSTITUTIONALLY VALID 87 ►NEW DELHI INTERNATIONAL ARBITRATION CENTRE (NDIAC) ORDINANCE, 2019 66 MISCELLANEOUS 89 ►COMMERCIAL COURTS ACT, 2015 67 ►INDIA URBAN DATA EXCHANGE (IUDX) 89 ►GRAM NYAYALAY ACT – 2008 68 ►CITY DATA INITIATIVE 89 ►CENTRALIZED POOL OF DOCUMENTARY EVIDENCE 69 ►CENTRE FOR RESEARCH AND PLANNING 89 ►JALLIKATTU 69 ►PATHALGADI MOVEMENT 89 ►GLOBAL MEDIA COMPACT 89 LOCAL GOVERNMENT 70 ►BEYOND FAKE NEWS PROJECT 89 ►SABKI YOJANA SABKA VIKAS 70 ►WORLD GOVERNMENT SUMMIT 90 ►YUVA SAHAKAR COOPERATIVE ENTERPRISE SUPPORT ►THE RIGHT OF PERSONS WITH DISABILITIES ACT 2016 90 AND INNOVATION SCHEME 70 ►THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY ►EXPANSION OF SCHEDULED AREAS IN RAJASTHAN 70 IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ►TWO TIER PANCHAYATI RAJ OF ARUNANCHAL PRADESH ACT, 2013 90 71 ►HUMAN IMMUNODEFICIENCY VIRUS AND ACQUIRED IMMUNE DEFICIENCY SYNDROME (PREVENTION AND ELECTIONS 72 CONTROL) ACT, 2017 91 ►NOTA (NONE OF THE ABOVE) 72  NATIONAL AIDS CONTROL PROGRAM 92 ►SECTION 29A OF REPRESENTATION OF PEOPLE’S ACT 72 ►MINORITY STATUS OF ALIGARH MUSLIM UNIVERSITY 93 ►EDUCATION AS A CRITERION FOR LOCAL ELECTIONS 72 ►NATIONAL COMMISSION FOR MINORITY EDUCATIONAL ►ELECTORAL BONDS 72 INSTITUTIONS (NCMEI) 93 ►SECTION 10A OF REPRESENTATION OF PEOPLE’S ACT 73 ►AGRI-MARKET INFRASTRUCTURE FUND (AMIF) 93 ►ICT (INFORMATION AND COMMUNICATION TECHNOLOGY) ►CREATION OF NEW DEPARTMENT OF FISHERIES AND VISION DOCUMENT 2025 73 RENAMING OF DIPP TO DPIIT 94 ►ELECTRONICALLY TRANSMITTED POSTAL BALLOT SYSTEM  MINISTRY OF HOUSING AND URBAN AFFAIRS 95 (ETBPS) 73 ►PROVISIONS OF THE PANCHAYATS (EXTENSION TO THE ►LOK SABHA PASSES BILL TO ALLOW NRIS TO VOTE BY SCHEDULED AREAS) ACT, 1996 95 PROXY 74 ►NATIONAL COMMISSION FOR SAFAI KARMACHARIS 96 ►SIMULTANEOUS ELECTIONS 74 ►DEVELOPMENT AND WELFARE BOARD FOR DENOTIFIED, ►SVEEP (SYSTEMATIC VOTERS EDUCATION AND NOMADIC AND SEMI-NOMADIC COMMUNITIES (DNCs) 97 ELECTORAL PARTICIPATION) 74 ►COMPREHENSIVE ONLINE MODIFIED MODULES FOR ►ANGLO-INDIANS 75 INDUCTION TRAINING (COMMIT) 97 ►THE VOTER VERIFIED PAPER AUDIT TRAIL (VVPAT) 75 ►NITI FORUM FOR NORTH-EAST 97 ►HIMALAYAN STATE REGIONAL COUNCIL 98 TRANSPARENCY & GOOD GOVERNANCE 76 ►E-Sansad 98 ►PREVENTION OF CORRUPTION AMENDMENT ACT 2018 76 ►STATUTORY STATUS OF STAFF SELECTION COMMISSION ►LOKPAL ACT 76 98 ►INTEGRITY INDEX OF 25 ORGANIZATIONS 78 ►BACKLOG AT CENTRAL ADMINISTRATIVE TRIBUNAL 99 ►INTEGRITY PACT 78 ►CENTRAL BUREAU OF INVESTIGATION 99 ►OFFICIAL SECRETS ACT 1923 79 ►LATERAL ENTRY IN INDIAN BUREAUCRACY 99 ►GLOBAL RTI RANKING 79 ►NATIONAL TRUST CENTRE FOR M2M SERVICES 100 ►SECTIONS 69 OF THE INFORMATION TECHNOLOGY ACT ►SIX NORTH EAST TRIBES TO GET ST STATUS 100 (SNOOPING) 80 ►PROGRESSIVE INTERNATIONAL 101 ►RIGHT TO INFORMATION ACT, 2005 80

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►BENAMI TRANSACTION 101 ►INTEGRATED MONITORING AND ADVISORY COUNCIL (IMAC) ►WORLD JUSTICE PROJECT – RULE OF LAW INDEX 102 106 ►THE PAYMENT OF GRATUITY (AMENDMENT) BILL, 2017 ►REAL ESTATE REGULATORY AUTHORITY (RERA) 102 106 ►TELECOM REGULATORY AUTHORITY OF INDIA (TRAI) 103 ►HUMAN RIGHTS (AMENDMENTS) BILL, 2018 107 ►DIGITAL COMMUNICATION COMMISSION 103 ►ANTI TORTURE LEGISLATION 107 ►CENTRAL WATER COMMISSION 104 ►WITNESS PROTECTION SCHEME 107 ►PRASAR BHARATI 104 ►DRAFT IT RULES 108 ►BRAHMAPUTRA BOARD 104 ►CONTROLLER GENERAL OF ACCOUNTS 108 ►NATIONAL TRUST 105 ►REPORTS & INITIATIVES 109 ►CENTRAL ADVISORY BOARD OF EDUCATION (CABE) 105

►CENTRAL ADVISORY BOARD OF EDUCATION (CABE) 105 ►NATIONAL FOUNDATION FOR COMMUNAL HARMONY Section-3 (NFCH) 105 ►INLAND WATERWAYS AUTHORITY OF INDIA (IWAI) 105 MCQs & Answer Key ►NCRB MERGED WITH BUREAU OF POLICE RESEARCH 106 ►BORDER ROADS ORGANISATION (BRO) 106 112-136

►CENTRAL PUBLIC WORKS DEPARTMENT (CPWD) 106

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SECTION 1

BASICS OF

CONSTITUTION OF

INDIA

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BASICS OF CONSTITUTION OF INDIA

►PREAMBLE ►PART-III WE, THE PEOPLE OF INDIA, having solemnly resolved to FUNDAMENTAL RIGHTS constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: (F.R.)

JUSTICE, social, economic and political; • Part-III of the Indian constitution contains fundamental LIBERTY of thought, expression, belief, faith and worship; rights which stretched from Article 12 to 35. • EQUALITY of status and of opportunity; The entrenched Fundamental Rights have a dual aspect. One, they confer justiciable rights on the people which can and to promote among them all be enforced through the Courts against the government. FRATERNITY assuring the dignity of the individual and the Second, they also constitutes restrictions and limitations unity and integrity of the Nation; on government actions. Thus, a government cannot take IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of any action, administrative, legislative or punitive by which November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO any fundamental right is infringed. OURSELVES THIS CONSTITUTION. • Entrenchment means that the guaranteed rights under

• The vision given in the Preamble of our Constitution is the Part III of the Constitution cannot be taken by ordinary law guiding light for ensuring the spread and reach of the and such law curtailing any fundamental rights would be political, economic and social democracy in the country. declared unconstitutional on judicial review. • As per Supreme Court has pointed out, the purpose of • The word Socialist, Secular, & integrity were added by nd enumerating fundamental rights in the Constitution “is to Constitution 42 Amendment. safeguard the basic human rights from the vicissitudes of • The Preamble does not grant any power but it gives a political controversy and to place them beyond the reach of direction purpose to the Constitution and also outlines its political parties who by virtue of their majority, may come to objectives. form the government at the Centre or the State.” • The Preamble contains the fundamentals of the • However, fundamental rights are not absolute rights and Constitution and serves the following important purposes: are subject to reasonable restrictions imposed in the ο It contains the enacting clause which brings the interests of the sovereignty and integrity of India, the constitution into force security of the State, friendly relations with foreign States,

ο It declares the rights and freedoms intended for its public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. people The Fundamental Rights in the Indian Constitution have ο It declares the basic type of government and polity been grouped under the following heads: which is sought to be established in India

ο It throws light on the source of the Constitution viz. the Right to Equality Article 14 - 18

People of India Right to Freedom Article 19 - 22 • Thus, the source of the Constitution are the people Right Against Exploitation Article 23 - 24 themselves from whom the Constitution derives its ultimate sanction. The People of India thus constitutes the Right to Freedom of Religion Article 25 - 28 sovereign political body who hold the ultimate power and Cultural and Educational Article 29 - 30 who conduct the government of the country through their Rights elected representatives. Right to Constitutional Article 32 – 35

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BASICS OF CONSTITUTION OF INDIA

Remedies conditions are met, then a body can be called ‘State’ under Article 12.

►STATE (ARTICLES 12) • According to Article 12, ‘the state’ includes the ►LAWS INCONSISTENT WITH ο Government and Parliament of India. FUNDAMENTAL RIGHTS & JUDICIAL ο Government and Legislature of States. REVIEW (ARTICLES 13) ο All local or state authorities such as municipalities, ARTICLE 13 - LAWS INCONSISTENT WITH OR IN panchayats, district boards, improvement trusts, etc within DEROGATION OF THE FUNDAMENTAL RIGHTS the territory of India or under the control of Government • Article 13 gives teeth to the fundamental rights and makes of India. them justiciable. • Over the years, the concept of state has been expanded • Article 13(1) declares that all pre-Constitution laws shall be through the various judgments of Supreme Court. void to the extent to the extent of their inconsistency with Supreme Court have emphasised that the concept of Fundamental Rights. agency or instrumentality of the Government is not limited • Article 13(1) - All laws in force in the territory of India to a corporation created by a statute but is equally immediately before the commencement of this Constitution, in applicable to a company or a society. so far as they are inconsistent with the provisions of this Part, • In the case of Ajay Hasia v. Khalid Mujib Sehravardi, the shall, to the extent of such inconsistency, be void. Supreme Court laid down the relevant tests to determine • According to Article 13(2), the State ‘shall not make any the existence of State agency or instrumentality: law’ which takes away or abridges the fundamental rights ο If the entire share capital of the corporation is held by and any law made by the state contravening any Government, it would go a long way towards indicating fundamental right shall to the extent of such inconsistency that the corporation is an instrumentality or agency of be void. This provision deals with post-Constitutional laws. Government. • So, we can say that Article 13 empowers judiciary, ο Where the financial assistance of the State is so much especially the Supreme Court to act as the guardian, as to meet almost entire expenditure of the protector and the final interpreter of the Fundamental corporation, it would afford some indication of the Rights. Supreme Court has also said that judicial review is corporation being impregnated with governmental also one of the ‘basic feature’ of the Constitution. character. • Parliament cannot curtail the power of judicial review by ο Whether the corporation enjoys a monopoly status passing any legislation or through a constitutional which is State conferred or State protected. amendment. ο Whether the State has a ‘deep and pervasive’ control over it. ►RIGHT TO EQUALITY (ARTICLES 14- ο If the functions of the entity are of public importance and closely related to governmental functions. 18) ο If a department of Government itself is transferred to a ARTICLE 14 (EQUALITY BEFORE LAW) corporation. • Article 14 says that state shall not deny to any person However, the Supreme Court added that these tests were not equality before the law or the equal protection of the laws exclusive and were merely indicative. The matter must be within the territory of India. decided on case basis whether on facts the body is • Art. 14 is available to any person including legal persons financially, functionally, and administratively dominated viz. statutory corporation, companies, etc. by, or under the control of the Government and such control • Art. 14 is taken from the concept of equal protection of must be pervasive and not mere regulatory. If these laws has been taken from the Constitution of USA.

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BASICS OF CONSTITUTION OF INDIA

• The concept of the rule of law is a negative concept while reservation of appointments or posts in favour of any the concept of equal protection of laws is a positive backward class of citizens which, in the opinion of the concept. State, is not adequately represented in the services • The concept of equality before the law is equivalent to the under the State. second element of the concept of the ‘rule of law’ • The Constitution (One Hundred and Third Amendment) propounded by A.D. dicey, the British jurist. But certain Act, 2019 has added a new provision - Article 16(6) where exceptions to it are, the president of India, state governors, the state may make any provision for the reservation of Public servants, Judges, Foreign diplomats, etc., who enjoy appointments or posts in favour of any economically immunities, protections, and special privileges. weaker sections of citizens in addition to the existing ARTICLE 15 reservation and subject to a maximum of 10 per cent. • • Article 15 of the Constitution prohibits discrimination The reservation of up to 10% for “economically weaker against any citizen on the grounds of race, religion, caste, sections” in educational institutions and public sex, or place of birth. employment will be in addition to the existing reservation. • However, as per Article 15(4), the government may make ARTICLE 17 (ABOLITION OF UNTOUCHABILITY) any special provision for the advancement of any socially Article 17 says that Untouchability is abolished and its and educationally backward classes of citizens or for practice in any form is forbidden. The enforcement of any the Scheduled Castes and the Scheduled Tribes. disability arising out of untouchability shall be an offense • Article 15(5) provides that state may make law for the punishable by law. advancement of any socially and educationally ARTICLE 18 (ABOLITION OF TITLES) backward classes of citizens or for the Scheduled • Article 18 says that no title, not being a military or Castes or the Scheduled Tribes in so far as such special academic distinction, shall be conferred by the State. No provisions relate to their admission to educational citizen of India shall accept any title from any foreign state. institutions including private educational institutions, • The awards, Bharat Ratna, Padma Vibhuhan, Padma whether aided or unaided by the State, other than the Bhushan and Padma Shri, called as The National Awards minority educational institutions (referred in Article 30). would not amount to title within the meaning of Article 18. • The Constitution (One Hundred and Third Amendment)

Act, 2019 has added a new provision – Article 15(6), whereby ►RIGHT TO FREEDOM (ARTICLES 19- (a) State can make any special provision for the 22) advancement of any “economically weaker sections of ARTICLE 19 FREEDOM & RESTRICTIONS citizens” • All citizens shall have the right (b) State can make any special provision for the ο advancement of any “economically weaker sections of to freedom of speech and expression. citizens” relate to their admission to educational ο to assemble peacefully and without arms. institutions including private educational institutions, ο to form associations or unions and cooperatives whether aided or unaided by the State. ο to move freely throughout the territory of India. (c) However, such reservation will not apply to minority ο educational institutions. to practice any profession or to carry on any occupation, trade or business. (d) Reservation to such educational institutions would be in • addition to the existing reservations and subject to a However, the freedoms guaranteed by Article 19 (1) are maximum of 10 per cent. not absolute and each of these rights is liable to be controlled, curtailed and regulated to some extent by laws ARTICLE 16 made by Parliament or respective State Legislatures. • Article 16 of the Constitution prohibits discrimination in • Accordingly clauses (2) to (6) of Article 19 lay down the employment in any government office. However, as per grounds and the purposes for which a legislature can Article 16(4), the state may make any provision for the 4 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

BASICS OF CONSTITUTION OF INDIA

impose ‘reasonable restrictions’ on the rights guaranteed • Every person who is arrested and detained in custody shall by Article 19(1). be produced before the nearest magistrate within a • Restrictions imposed under Article 19 (2) to (6) serves two period of twenty-four hours of such arrest. purpose: • However, the protection guaranteed under Article 22 shall i. they specify that these freedoms are not absolute but are not be allowed to subject to regulation ο any person who for the time being is an enemy alien ii. they put a limitation on the power of a legislature to ο to any person who is arrested or detained under any restrict these freedoms. law providing for preventive detention • Three important characteristics of reasonable restrictions • Preventive detention shall not be authorised for a period imposed are: longer than three months unless approved by an Advisory 1. The restrictions can be imposed only by or under the Board. authority of law. No restriction can be imposed by executive action alone without a corresponding law ►RIGHT AGAINST EXPLOITATION 2. Each restriction must be reasonable (ARTICLES 23-24) 3. There must be a purpose for which such restrictions are ARTICLE 23 imposed Prohibition of traffic in human beings and forced labour - • Reasonable Restriction open to Judicial Review - Traffic in human beings and beggar and other similar forms Whether a restriction is reasonable or purposeful is to be of forced labour are prohibited and any contravention of this determined finally by Courts when a law is challenged as provision shall be an offence punishable in accordance with unconstitutional. Hence, restrictions imposed by the law. legislature on freedom are not final or conclusive and is open to Judicial Review. ARTICLE 24 ARTICLE 20 (PROTECTION IN RESPECT OF CONVICTION FOR Prohibition of employment of children in factories, etc.— OFFENSES) No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other • No person shall be convicted of any offence except for hazardous employment. violation of a law in force at the time of the commission of the Act. • No person shall be prosecuted and punished for the same ►RIGHT TO FREEDOM OF RELIGION offence more than once. (ARTICLES 25-28) • No person accused of any offence shall be compelled to be a witness against himself. ARTICLE 25 ARTICLE 21 Freedom of conscience and free profession, practice and propagation of religion - All persons are equally entitled to No person shall be deprived of his life or personal liberty freedom of conscience and the right freely to profess, except according to procedure established by law. practise and propagate religion. However, this right is subject ARTICLE 21A to subject to public order, morality and health. The State shall provide free and compulsory education to all However, the state can make any law to children of the age of 6-14 years in such manner as the State • regulate or restrict any economic, financial, political or may, by law, determine. other secular activity which may be associated with ARTICLE 22 religious practice; • Any person who is arrested and detained in custody must • provide for social welfare and reform or the throwing open be informed about the grounds of his arrest. The person of Hindu religious institutions of a public character to all arrested shall not be denied the right to consult, and to be classes and sections of Hindus. defended by a legal practitioner of their choice.

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BASICS OF CONSTITUTION OF INDIA

The wearing and carrying of kirpans shall be deemed to be culture of its own shall have the right to conserve the included in the profession of the Sikh religion. same. ARTICLE 26 • No citizen shall be denied admission into any educational Freedom to manage religious affairs – Subject to public institution maintained by the State or receiving aid out of order, morality and health, every religious denomination or State funds on grounds only of religion, race, caste, any section thereof shall have the right language or any of them. (a) to establish and maintain institutions for religious ARTICLE 30 and charitable purposes; (b) to manage its own affairs in matters of religion; Right of minorities to establish and administer educational institutions (c) to own and acquire movable and immovable property; and • All minorities, whether based on religion or language, shall (d) to administer such property in accordance with law have the right to establish and administer educational ARTICLE 27 institutions of their choice. Freedom as to payment of taxes for promotion of any • The State shall not, in granting aid to educational particular religion — No person shall be compelled to pay institutions, discriminate against any educational any taxes, the proceeds of which are specifically appropriated institution on the ground that it is under the management in payment of expenses for the promotion or maintenance of of a minority, whether based on religion or language. any particular religion or religious denomination. ARTICLE 28 Freedom as to attendance at religious instruction or religious ►RIGHT TO CONSTITUTIONAL worship in certain educational institutions • No religious instruction shall be provided in any REMEDIES (ARTICLE 32) educational institution wholly maintained out of State ARTICLE 32 funds. It deals with the right to move to the supreme court for the • However, religious instructions can be provided by an educational institution which is administered by the State enforcement of Fundamental Rights including the Writs of (i) but has been established under any endowment or trust Habeas corpus, (ii) Mandamus, (iii) Prohibition, (iv) Certiorari which requires that religious instruction shall be imparted and (iv) Quo warranto. in such institution.

• No person attending any educational institution recognised by the State or receiving aid out of State funds ►DIRECTIVE PRINCIPLES OF shall be required to take part in any religious instruction that may be imparted in such institution or to attend any STATE POLICY (DPSP) religious worship that may be conducted in such institution or in any premises attached thereto unless such • The Directive Principles of State Policy are contained in person or, if such person is a minor, his guardian has given Part IV, Articles 36-51 of the Indian constitution. his consent. • The idea of directives being included in the constitution was borrowed from the constitution of Ireland. ►CULTURAL AND EDUCATIONAL • The fundamental rights and the directive principles have a RIGHTS (ARTICLES 29-30) common origin but are differentiated on grounds of justifiable and non-justifiable rights respectively. ARTICLE 29 • Basically, the idea is that the “state” should keep these Protection of interests of minorities DPSPs in mind while framing laws, policies, ordinances etc. • Any section of the citizens residing in the territory of India They are basically a code of conduct for the legislature and or any part thereof having a distinct language, script or administrators of the country.

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BASICS OF CONSTITUTION OF INDIA

►DPSP CLASSIFICATION d) to protect monuments of historic and national importance, and The Directive Principles may be classified into 3 broad

categories—Socialistic, Gandhian and Liberal-intellectual. e) to promote international peace and security. SOCIALISTIC Principal among this category of directives are: ►FUNDAMENTAL DUTIES a) securing welfare of the people (Art. 38) b) securing proper distribution of material resources of the (F.D.) community as to best sub serve the common-good, equal • The Fundamental Duties of citizens were added to the pay for equal work, protection of childhood and youth Constitution by the 42nd Amendment in 1976, upon the against exploitation. etc. (Art.39), recommendations of the Swaran Singh Committee. nd c) Equal justice and free legal aid (Art. 39A, added by 42 • It was on the Soviet model that fundamental duties were Amendment) added. d) securing right to work, education etc. Art. (41), • They were originally ten in number, the Fundamental e) securing just and humane conditions of work and Duties were increased to eleven by the 86th Amendment maternity relief (Art. 42) etc. in 2002. • f) Participation of workers in management of industries (Art They are mentioned in the Article 51A, Part IVA of the 43A, added by 42nd Amendment) Indian Constitution. • g) Promotion of Co-operative societies (Art 43B, added by The Fundamental Duties noted in the constitution are as 97th Amendment) follows: GANDHIAN It shall be the duty of every citizen of India — Principal among such directives are: 1. to abide by the constitution and respect its ideal and institutions; a) to organize village panchayats (Art. 40), 2. to cherish and follow the noble ideals which inspired our b) to secure living wage, decent standard of life, and to national struggle for freedom; promote cottage industries (Art.43), 3. to uphold and protect the sovereignty, unity and integrity c) to provide free and compulsory education to all children of India; up to 14 years of age (Art. 45), 4. to defend the country and render national service when d) to promote economic and educational interests of the called upon to do so; weaker sections of the people, particularly, the scheduled castes and scheduled tribes, 5. to promote harmony and the spirit of common brotherhood amongst all the people of India transcending e) to enforce prohibition of intoxicating drinks and cow- religious, linguistic and regional diversities, to renounce slaughter and to organize agriculture and animal practices derogatory to the dignity of women; husbandry on scientific lines (Arts. 46-48). 6. to value and preserve the rich heritage of our composite LIBERAL-INTELLECTUAL culture; Principal among such directives are 7. to protect and improve the natural environment including a) to secure uniform civil code throughout the country forests, lakes, rivers, and wild-life and to have compassion (Art.44), for living creatures; b) Protection and improvement of environment and 8. to develop the scientific temper, humanism and the spirit safeguarding of forests and wildlife (Art48A, added by of inquiry and reform; 42nd Amendment) 9. to safeguard public property and to abjure violence; c) to separate the judiciary from the executive (Art.50),

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BASICS OF CONSTITUTION OF INDIA

10. to strive towards excellence in all spheres of individual IMPEACHMENT and collective activity, so that the nation constantly rises to • The charge to impeach the President shall be preferred by higher levels of endeavor and achievement. either House of Parliament and the other House shall 11. Who is a parent or guardian, to provide opportunities for investigate the charge; atleast 14 days-notice has to be education to his child, or as the case may be, ward given in writing signed by not less than one-fourth of the between the age of 6 to 14 years. (added by 86th total number of members of the House. amendment act) • Such resolution has to be passed by a majority of not less than two-thirds of the total membership of the House. • If as a result of the investigation a resolution is passed by a

majority of not less than two-thirds of the total ►PARLIAMENT membership of the House by which the charge was investigated or caused to be investigated, declaring that There shall be a Parliament for the Union which shall consist the charge preferred against the President has been of the President and two Houses to be known respectively as sustained, such resolution shall have the effect of the Council of States (Rajya Sabha) and the House of the removing the President from his office as from the date on People (Lok Sabha). which the resolution is so passed.

►PRESIDENT ►VICE-PRESIDENT • There shall be a President in whom the executive power of the Union shall be vested. There shall be a Vice-President of India who shall be the ex- • The President shall be elected by the members of an officio Chairman of the Council of States and shall not hold electoral college consisting of: any other office of profit. ο Elected members of both Houses of Parliament; and ELECTION ο The elected members of the Legislative Assemblies (LA) Vice-President shall be elected by the members of an of the States including LA of National Capital Territory of electoral college consisting of the members of both Houses Delhi and the Union territory of Pondicherry. of Parliament in accordance with the system of proportional representation by means of the single transferable vote and OATH OR AFFIRMATION the voting at such election shall be by secret ballot. President shall make and subscribe before the Chief Justice of QUALIFICATION India or, in his absence, the senior-most Judge of the Supreme Court an oath or affirmation. Shall be a citizen of India, must have completed 35 years of age and is qualified for election as a member of Council of TENURE States. The President shall hold office for a term of five years from TENURE the date on which he enters upon his office and can be eligible for re-election to that office. Shall hold office for a term of five years from the date on which he enters upon his office. QUALIFICATIONS RESIGNATION Is a citizen of India, has completed thirty-five years of age is qualified for election as a member of the House of the Vice-President may, by writing under his hand addressed to People. the President, resign his office. RESIGNATION REMOVAL President may, by writing under his hand addressed to the Vice-President may be removed from his office by a Vice-President, resign his office. resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the

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BASICS OF CONSTITUTION OF INDIA

House of the People. However, at least fourteen days’ notice • The Attorney-General shall hold office during the pleasure must be given of the intention to move such resolution. of the President, and shall receive such remuneration as OATH OR AFFIRMATION the President may determine. Vice-President shall make and subscribe before the President an oath or affirmation. ►LOK SABHA

• Composition: representatives of the people chosen by  OTHER IMPORTANT POINTS direct election on the basis of the adult suffrage. DISPUTES ARISING OUT OF ELECTIONS • The maximum strength of the House envisaged by the All doubts and disputes arising out of or in connection with Constitution is 552, which is made up by election of upto the election of a President or Vice-President shall be inquired 530 members to represent the States. into and decided by the Supreme Court whose decision shall • Upto 20 members to represent the Union Territories be final. and not more than two members of the Anglo-Indian COUNCIL OF MINISTERS Community to be nominated by the Hon'ble President, if in his/her opinion, that community is not adequately • There shall be a Council of Ministers with the Prime represented in the House. Minister at the head to aid and advise the President who • shall, in the exercise of his functions, act in accordance The total elective membership is distributed among the with such advice States in such a way that the ratio between the number of seats allotted to each State and the population of the State • However, President may require the Council of Ministers is, so far as practicable, the same for all States. to reconsider such advice. • Lok Sabha shall continue for a period of five years unless • President shall act in accordance with the advice tendered dissolved earlier. However, if proclamation of emergency after such reconsideration. is in operation, the duration of Parliament may be • The total number of Ministers, including the Prime extended to not more than one year at a time and will Minister, in the Council of Ministers shall not exceed not extend beyond six months after the proclamation has fifteen per cent of the total number of members of the ceased to operate. House of the People. • President shall administer to a Minister the oaths of office and of secrecy according to the forms set out for the ►RAJYA SABHA purpose in the Third Schedule. • The origin can be traced to Montague-Chelmsford • The Council of Ministers shall be collectively responsible to Report of 1918. the House of the People. • The Government of India Act, 1919 provided for the PRIME MINISTER creation of a ‘Council of State’ as a second chamber of the then legislature with a restricted franchise which actually The Prime Minister shall be appointed by the President and came into existence in 1921. the other Ministers shall be appointed by the President on • Article 80 of the Constitution lays down the maximum the advice of the Prime Minister. strength of Rajya Sabha as 250, out of which 12 members ATTORNEY GENERAL are nominated by the President and 238 are • The President shall appoint a person who is qualified to representatives of the States and of the two Union be appointed a Judge of the Supreme Court to be Territories of Delhi and Puducherry having state legislative Attorney-General for India. assembly.

• In the performance of his duties the Attorney General shall • The members nominated by the President are persons have right of audience in all courts in the territory of having special knowledge or practical experience in India. respect of such matters as literature, science, art and social service. 9 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

BASICS OF CONSTITUTION OF INDIA

• The Fourth Schedule to the Constitution provides for • If he is so disqualified by or under any law made by allocation of seats to the States and Union Territories in Parliament. Rajya Sabha. • If he is disqualified under Tenth Schedule. • The allocation of seats is made on the basis of the As per the Tenth Schedule, a member may be disqualified population of each State. • if he voluntarily gives up the membership of his political • The representatives of the States and of the Union party; or Territories in the Rajya Sabha are elected by the method of • if he votes or abstains from voting in the House contrary to indirect election. any direction issued by the political party to which he • The representatives of each State and two Union belongs, unless such voting or abstention has been territories are elected by the elected members of the condoned by the political party within fifteen days. Legislative Assembly of that State and by the members • A member elected as an independent candidate shall be of the Electoral College for that Union Territory, in disqualified if he joins any political party after his election. accordance with the system of proportional representation by means of the single transferable vote. ►CONDUCT OF BUSINESS • The Electoral College for the National Capital Territory of Delhi consists of the elected members of the Legislative BY PARLIAMENT Assembly of Delhi, and that for Puducherry consists of the elected members of the Puducherry Legislative Assembly. DURATION BETWEEN SESSIONS • The Council of States shall not be subject to dissolution, • The parliament ordinarily meets in three sessions in a but as nearly as possible one-third of the members year. These are the Budget Session, Monsoon session and thereof shall retire as soon as may be on the expiration of Winter session. every second year. • The President shall from time to time summon each House QUALIFICATION FOR L.S. of Parliament but six months shall not intervene between its last sitting in one session and the date appointed for its is a citizen of India; not less than 25 years of age first sitting in the next session. QUALIFICATION FOR R.S. SPECIAL ADDRESS BY THE PRESIDENT is a citizen of India; not less than 30 years of age and makes • At the commencement of the first session after and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according ο Each general election to the House of the People and to the form set out for the purpose in the Third Schedule ο At the commencement of the first session of each year, DISQUALIFICATIONS • the President shall address both Houses of Parliament (LS A person shall be disqualified for being chosen as, and for + RS) assembled together and inform Parliament of the being, a member of either House of Parliament if: causes of its summons. • if he holds any office of profit under the Government of ADJOURNMENT India or the Government of any State, other than an office • Adjournment of a house does not terminate the session of declared by Parliament by law the house. • if he is of unsound mind and stands so declared by a • It merely postpones the proceedings of the house to a competent court future date. But prorogation brings an end to a session of • if he is an undischarged insolvent the house. • if he is not a citizen of India, or has voluntarily acquired the CHAIRMAN, DEPUTY CHAIRMAN AND VICE-CHAIRMAN citizenship of a foreign State, or is under any • The Presiding Officers of Rajya Sabha have the acknowledgement of allegiance or adherence to a foreign responsibility to conduct the proceedings of the House. State

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BASICS OF CONSTITUTION OF INDIA

• The Vice-President of India is ex-officio Chairman of Rajya President. All legislative proposals are brought before Sabha. Parliament in the forms of Bills. • Rajya Sabha also chooses from amongst its members, a Procedurally, Bills can be classified as: Deputy Chairman. 1. Ordinary Bill • There is also a Panel of Vice-Chairmen in Rajya Sabha, the members of which are nominated by the Chairman, 2. Money Bill Rajya Sabha. 3. Finance Bill • In the absence of the Chairman and Deputy Chairman, a 4. Ordinance replacing Bill member from the Panel of Vice-Chairmen presides over the proceedings of the House. 5. Constitution Amendment Bill REMOVAL OF DEPUTY CHAIRMAN OF COUNCIL OF STATES MONEY BILL • He shall vacate his office if he ceases to be a member of Under Article 110 (1) of the Constitution, a Bill is deemed to the Council be a Money Bill if it contains only provisions on all or any of • He may at any time, by writing under his hand addressed the following: to the Chairman, resign his office. • imposition, abolition, remission, alteration or regulation of • He may be removed from his office by a resolution of the any tax Council passed by a majority of all the then members of • regulation of borrowing by the government; the Council (Simple Majority). • • Atleast 14 days’ notice must be given of the intention to custody of the Consolidated Fund or Contingency Fund move the resolution for his removal. of India, and payments into or withdrawals from these Funds • Both the Chairman and Deputy Chairman shall not preside over while any resolution for their removal is under • appropriation of moneys out of the Consolidated Fund of consideration. India; • The Chairman shall have - • declaring of any expenditure to be expenditure charged on ο a right to speak, the Consolidated Fund of India or the increasing of the ο take part in the proceedings of their removal but, shall not amount of any such expenditure; be entitled to • receipt of money on account of the Consolidated Fund of ο vote at all on such resolution or India or the public account of India or the custody or issue ο on any other matter during such proceedings. of such money or the audit of the accounts of the Union or RIGHT TO PARTICIPATE IN PARLIAMENTARY PROCEEDINGS of a State • Every Minister and the Attorney-General of India shall have MONEY BILL IN RAJYA SABHA the right to speak in, and otherwise to take part in the • Once a Money Bill is passed by Lok Sabha, it goes to Rajya proceedings of - Sabha along with Speaker’s certificate that it is a Money Bill ο either House, for its recommendations. ο any joint sitting of the Houses, and • However, Rajya Sabha can neither reject nor amend such ο any committee of Parliament of which he may be Bill but can only recommend changes in the Bill. named a member. • Rajya Sabha must return the Bill within 14 days, after which Lok Sabha may accept or reject all or any of its ►BILLS recommendations. In either case, the Bill is deemed to have been passed by both Houses. INTRODUCTION AND PASSING OF BILLS • Under Article 109 (5), if Rajya Sabha fails to return the Bill A Bill is a draft statute which becomes law after it is passed by to Lok Sabha within 14 days, it is deemed to have been both the Houses of Parliament and assented by the passed anyway.

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BASICS OF CONSTITUTION OF INDIA

FINANCE BILL 1. Amendment requiring simple majority for their passage • Any Bill which deals with revenue or expenditure of the in each House Government is a Finance Bill. 2. Amendment requiring special majority for their passage • Finance Bill is accompanied by a Memorandum explaining in each House. the provisions included in it. Special Majority = Majority of the total membership of a • However, only those Finance Bills which are endorsed by House and by a majority of not less than two-thirds of the the Speaker under Article 110 (4) become a Money Bill. members of that House present and voting (article 368)

• The rest can be categorised as 3. Amendment which needs to be passed by Legislatures of not less than one-half of the States along with special ο Financial Bill (A) and Financial Bill (B). majority for certain constitutional provisions relating to FINANCE BILL (A) the federal character which may be categorised as • Financial Bill (A) as under Article 117(1) = [ includes any entrenched provisions. matters mentioned in the Money Bill] + [any other matters ENTRENCHED PROVISION related to revenue or expenditure of the Government] It includes: • Financial Bill (A) can only be introduced in the Lok Sabha • Election of President, Manner of election of President, on the recommendation of the President. Extent of executive power of the Union, Extent of executive • However, once it has been passed by the Lok Sabha, it is power of the State, High Courts for Union Territories like an ordinary Bill and there is no restriction on the • Union Judiciary under The Union, The High Courts in the powers of the Rajya Sabha on such Bills. States under The States or Legislative Relations under FINANCE BILL (B) Relations between the Union and the States, or • Financial Bill (B) is just like other Ordinary Bills that contain • Any of the Lists in the Seventh Schedule, or provisions involving expenditure from the Consolidated • The representation of States in Parliament, or Fund as specified in Article 117 (3). • Any change in Article 368 itself. • Financial Bill (B) can be introduced in either House of Parliament. ORDINARY BILL ►VARIOUS PROCESSES WHICH A BILL Thus, every Bill other than a Money Bill and Financial Bill (A) GOES THROUGH introduced in the Parliament acts like an Ordinary Bill. A bill has to pass through three stages. In each stage, there is ORDINANCE REPLACING BILL a reading of the bill, is why these three stages are known as • Ordinance replacing Bills are brought before Parliament to the first reading, the second reading and the third reading. replace an Ordinance, with or without modifications, FIRST READING promulgated by the President under Article 123 of the • In the first stage, the bill is introduced in one of the Houses Indian Constitution. of the Parliament. • Ordinance to become a law needs to be passed by both • The mover of the bill just reads the title of the bill. the Houses of Parliament and assented to by the President Normally there is no opposition at this stage. So usually within six weeks of the reassembly of Parliament. the bill is allowed to be introduced by a voice vote. CONSTITUTION AMENDMENT BILL • If, in the stage of first reading, the bill is opposed, the • A Constitution Amendment Bill under article 368 can be mover and the opposer of the bill are required to make introduced in either House of Parliament. brief statements on the floor of the House. After that, the • As per the procedure laid down in the Constitution under vote is taken. Article 368, Constitution Amendment Bills can be of three • Once the bill is cleared in the first stage, the presiding types: officer of the House (the Speaker or the Chairman) sends the bill for publication in the Gazette.

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BASICS OF CONSTITUTION OF INDIA

• Sometimes important bills are already published in the • If the bill is cleared in all three stages by the other House, it Gazette before they are introduced in a House. is sent to the President for his assent. If the other House SECOND READING does not agree to the bill, already passed by one House, it is free to make suggestions or propose amendments. This is considered the most important stage of lawmaking in • the Parliament. At this stage there are several options. But, if the amendments or changes suggested are not acceptable to the House which had passed the bill, the two • First, it may go straight to the House for consideration. Houses meet jointly to take a decision on the bill. In the • Secondly, it may be referred to a Select Committee of the joint sitting of both Houses, decision is taken on the basis House. of majority vote. • Thirdly, it may also be sent to a Joint Committee of both • When the bill is sent to the President for his assent, he can Houses. do one of the following two things. • Fourthly, it may go for circulation for eliciting public ο He may give assent to the bill; opinion. ο he may return the bill to the originating House for In most of cases, the bill is referred to a Select Committee. reconsideration. But, if the bill is of great importance, it is circulated among • If the bill is again passed by both Houses of the Parliament the public to elicit their opinions and reactions. with or without amendments, the President is bound to Select Committee Stage: After initial discussion on the bill give his assent to the bill. Thus, lawmaking in the during the second reading, the bill is usually sent to a Select Parliament is a long and complicated process. Committee for more critical considerations. The Chairman of

the Committee is appointed by the presiding officer of the House (the Speaker or the Chairman). After a general ►OTHER PARLIAMENTARY discussion, the bill is discussed clause by clause. Experts and witnesses are invited to express their opinions. PROCESS The Report Stage: The Select Committee is expected to QUESTION HOUR submit a report to the House within three months. In the • Select Committee, the decision is taken by majority and the The first hour of every sitting of Parliament is generally report of the committee may include the recommendations reserved for the asking and answering of questions. of the committee and the changes that it wants to be • Parliamentary question is a technique of parliamentary incorporated in the bill. surveillance over functioning of the government. Then the bill and the report of the Select Committee are • Members of Parliament are free to ask questions to elicit placed before the House for its consideration. At this stage, information on matters of public importance and concern amendments can be moved, but no member will be allowed from ministers of the government. to move an amendment which seeks to defeat the main • The members of the government are bound to answer purpose of the bill. The bill is discussed and put to vote clause every question asked in the Question Hour. by clause. With the completion of this process the second • Questions enable Ministries to gauge the popular reaction reading of the bill is over. to their policy and administration. THIRD READING ZERO HOUR • At the stage of third reading amendments are not allowed, The time immediately following the Question Hour has come but the members are allowed to discuss the general to be known as "Zero Hour". It starts at around 12 noon character of the bill. (hence the name) and members can, with prior notice to the • The bill, as a whole, is put to vote. If the bill is passed by a Speaker, raise issues of importance during this time. majority, it is signed by the presiding officer (the Speaker TYPES OF QUESTIONS or the Chairman) and it is then sent to the other House in which the bill has to pass through three identical stages. Questions are of four types - Starred, Unstarred, Short Notice Questions and Questions addressed to private Members.

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BASICS OF CONSTITUTION OF INDIA

• Starred Question is one to which a member desires an  SUBSTITUTE MOTION oral answer in the House and which is distinguished by an • Motions moved in the substitutions of the original motions asterisk mark. Supplementary questions can be asked and proposing an alternative to it are called Substitute thereon. Motions. • Un-starred Questions – which desires written answer to • Discussion is held on both original and substitute motions whom it is addressed. together but vote of the House is taken only on Substitute • A Short Notice Question relates to a matter of urgent motion. public importance and can be asked with shorter notice • Further if a substitute motion is adopted through vote, than the period of notice prescribed for an ordinary then it supersedes the original motion. question. Like a starred question, it is answered orally  SUBSIDIARY MOTION followed by supplementary questions. • It depends upon or relate to other motions. • Question addressed to Private Member is asked when the subject matter pertains to any Bill, Resolution or any • They by themselves have no meaning and are not capable matter relating to the Business of the House for which that of stating the decision of the House without reference to Member is responsible. original motion or proceedings of the House. • Subsidiary Motion are of three types namely 1. Ancillary Motion 2. Superseding Motion and 3. Amendments ►MOTIONS AND RESOLUTIONS • Ancillary motions are recognised by the practice of the Parliamentary proceedings have gained importance specially House as a regular way of proceedings with various kinds after the trend of washout of sessions by opposition to fulfill of business. some of their demands. Let us understand how Members of • Superseding Motions are moved in a course of debate or Parliament raise their voice on the floor of the House and another question and seek to supersede that question. For what are the different mechanisms which they can employ to eg. Motion seeking recommittal of Bill to a Committee. address their issues in the course of Parliamentary • Amendments seek to modify or substitute only a part of proceedings. the original motion. It is moved during the course of a debate and if accepted the original questions stands amended.  MOTION

• A motion is a proposal brought before the House for eliciting decision or for expressing the opinion of the  RESOLUTION House. A resolution is also one of the procedural means available to • Every question to be decided by the House must therefore the members of the House and Ministers to raise a be proposed by a Member as a Motion. discussion in the House on a matter of general public • Motions are the basis of Parliamentary proceedings. interest. A resolution is in fact a substantive motion. KIND OF MOTIONS : 3 CATEGORIES RESOLUTION V. MOTION •  SUBSTANTIVE MOTION All resolutions come into the category of Substantive Motion but all substantive motions are not resolutions. • It is a self-contained independent proposal submitted for • the approval of the House and drafted in such a way as to Further all motions are not necessarily put to vote but all be able of expressing the decision of the House. resolutions are required to be voted upon. • It neither depends nor arises out of any other motion. NO-CONFIDENCE MOTION • • Eg. Motion of thanks of President addressed by the Prime The Council of Ministers remains in office as long as it Minister, Motion of Adjournment, Motion of No- enjoys the confidence of Lok Sabha according to Article confidence, Motion for removal of Speaker/Deputy 75(3) of the Indian Constitution. Speaker

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BASICS OF CONSTITUTION OF INDIA

• The moment, it expresses a lack of confidence in the Speaker/Chairman every year or from time to time and are Council of Ministers, the government is constitutionally permanent in nature. bound to resign whether or not the Prime Minister 2. Ad Hoc Committees: Ad Hoc Committees are those recommends a dissolution of the House. constituted by the House or by the Speaker/Chairman to • In order to ascertain this confidence, the rules provide for consider and report on specific matters and expires as moving a motion to this effect which is called No- soon as they have completed their work on allocated Confidence motion. matters. • A motion of no-confidence once admitted has to be taken up within ten days of the leave being granted.  • Notice of no-confidence motion can also be withdrawn by STANDING COMMITTEES members concerned by sending letters of withdrawal In each House may be categorised in terms of the nature of signed by all the signatories to the notice before the item their functions as follows: is taken up in the House. FINANCIAL COMMITTEES • Rajya Sabha isnot empowered to entertain a motion of Eg Committee on Estimates of the Lok Sabha, Committee on no-confidence because the government is collectively Public Accounts and Committee on Public Undertakings responsible under the Constitution only to the directly STANDING JOINT COMMITTEES elected Lok Sabha. Departmentally related Standing Joint Committees of the two CENSURE MOTION Houses • Whereas a motion of no-confidence need not specify any HOUSE COMMITTEE grounds on which it is based, a Censure Motion must set out the grounds or charges on which it is based and is Committees relating to day to day business of the House. Eg. moved for specific purpose for censuring the government Committees on Absence of Members from Sitings of the for certain policies and actions. House, Business Advisory Committee, Committee on Private Members’ Bills and Resolution and Rules Committee. • Censure motion can be moved against the Council of Ministers or an individual minister for their failure of ENQUIRY COMMITTEE commission or omission. Eg. Committee on Petitions and Committees on Privileges • No leave of the House is required to move a Censure SCRUTINY COMMITTEES motion. Eg. Committee on Government Assurances, Committee on ADJOURNMENT MOTION Subordinate Legislation, Committee on Papers Laid on Table • A matter of urgent public importance can be brought and Committee on the Welfare of Scheduled Castes and before the house through an Adjournment motion by Scheduled Tribes interrupting the regular business, if the Speaker agrees to SERVICES COMMITTEES do so. Committees concerned with the provision of various services • The Speaker after the Question Hour calls upon the and facilities to members. Eg. General Purposes Committees, concerned member to ask for leave of the House to move House Committee, Library Committee and Joint Committee the adjournment motion. on salaries and Allowances of Members of Parliament.

►PARLIAMENTARY AD HOC COMMITTEES May be broadly classified into two categories: COMMITTEES 1. The Select or Joint Committees on Bills which are TWO TYPES OF PARLIAMENTARY COMMITTEES IN INDIA appointed to consider and report on particular Bills. These Committees are distinguished from the other ad hoc 1. Standing Committees: Standing Committees are those Committees in as much as they are concerned with Bills which are elected by the House or nominated by the

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BASICS OF CONSTITUTION OF INDIA

and the procedure to be followed by them is laid down in the Rules of Procedure and Directions by the ►FINANCIAL MATTERS Speaker/Chairman. ►ANNUAL FINANCIAL STATEMENT - 2. Committees which are constituted from time to time either ARTICLE 112 by the two Houses on a motion adopted in that behalf, or by the Speaker/Chairman to inquire into a report on a • The President shall in respect of every financial year cause specific subject. Eg. Railway Convention Committee is to be laid before both the Houses of Parliament a appointed from time to time, Joint Committee on Offices of statement of the estimated receipts and expenditure of Profit and any other Committee appointed by the House or the Government of India for that year, referred to as the by the Speaker/Chairman for some specific purpose are “Annual Financial Statement”. other examples of such committees. • The estimates of expenditure embodied in the annual financial statement shall show separately– ο Sums required to meet expenditure charged upon ►IMPORTANT COMMITTEES Consolidated Fund of India (CFI) ESTIMATES COMMITTEE ο Sums required to meet other expenditure proposed to • Consists of 30 members of Lok Sabha be made from the Consolidated Fund of India. • Makes detailed examination of annual budget estimates ο And shall distinguish expenditure on revenue account from other expenditure • Acts a s a deterrent on extravagance of the government on public expenditure EXPENDITURE CHARGED UPON CFI PUBLIC ACCOUNTS COMMITTEE Estimates as relates to expenditure charged upon CFI shall not be submitted to the vote of Parliament. • Oldest financial committee DEMAND FOR GRANT • Consists of 22 members [15 members of Lok Sabha + 7 members of Rajya Sabha]  Article 113 • • As a matter of practice, a member of the opposition is Estimates of expenditure from the CFI shall be submitted being appointed as the Chairman of the Committee. in the form of Demand for Grants which shall bevoted upon by Lok Sabha. COMMITTEE ON PUBLIC UNDERTAKINGS • Demand for Grants shall be made on the recommendation • Consists of 22 members [15 members of Lok Sabha + 7 of the President. members of Rajya Sabha] • The Demands for Grants are presented to the Lok Sabha • Examine reports and accounts of all the public along with the Annual Financial Statement. undertakings of the government • Generally, one Demand for Grant is presented in respect DEPARTMENTAL COMMITTEES of each Ministry or Department. • There are 24 Departmental Committees • With regard to Union Territories without Legislature, a • Consider demands for grants of respective ministries separate Demand is presented for each of such Union • Examine Bills referred by the Chairman or Speaker Territories. • Consider annual report of ministries APPROPRIATION BILL • Consider any policy documents referred by the Chairman  Article 114 or Speaker • All Demands for Grants voted upon and Charged COMMITTEE ON PRIVILEGES Expenditure is introduced in the Lok Sabha as Appropriation Bill. • Consists of 25 members [15 members of Lok Sabha + 10 members of Rajya Sabha] • The Bill gives legal authority to the government to appropriate expenditure from CFI. • Looks into matters pertaining to privileges of members of the House under Article 105 of the Indian Constitution. 16 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

BASICS OF CONSTITUTION OF INDIA

• No money can be withdrawn from the CFI except under an ►ARTICLE-352 Appropriation Act passed by the Parliament. GROUNDS

• President on his/her satisfaction proclaim emergency on ►INTERSTATE RIVER WATER the whole of India or part thereof can declare proclaim DISPUTES ACT (IRWD ACT) emergency on grounds of- ο War • The Interstate River Water Disputes Act, 1956 (IRWD Act) is an Act of the Parliament of India enacted under Article 262 ο External Aggression of Constitution of India on the eve of reorganization of ο Armed Rebellion states on linguistic basis to resolve the water disputes that • A proclamation can be made before the actual occurrence would arise in the use, control anddistribution of an of war, external aggression or armed rebellion. interstate river or river valley. • Constitution 38th Amendment allows President to issue • Article 262 of the Indian Constitution provides a role for more than one proclamation at the same time. the Central government in adjudicating conflicts surrounding inter-state rivers that arise among the BEFORE 44TH AMENDMENT state/regional governments. Before 44th Amendment, Emergency could be declared on Whenever the riparian states are not able to reach grounds of amicable agreements on their own in sharing of an • War interstate river waters, section 4 of IRWD Act provides • dispute resolution process in the form of Tribunal. External aggression • • When the tribunal final verdict is issued, based on the Internal Disturbance deliberations on the draft verdict accepted by the central But Constitution 44th Amendment substituted Internal government and notified in the official gazette, the verdict Disturbance with Armed Rebellion. becomes law and binding on the states for ROLE OF CABINET implementation. President can issue Proclamation of Emergency or its BAR OF JURISDICTION FOR THE SUPREME COURT Revocation only if- • Neither the Supreme Court nor any other Court shall have • Union Cabinet including Prime Minister has communicated or exercise jurisdiction in respect of any water dispute to the President of such intention in writing. which may be referred to a Tribunal under The Inter-State • Thus, the decision has to be taken collectively by the River Water Disputes Act, 1956. Union Cabinet. • It means that once a matter is referred to the Tribunal, no APPROVAL state can proceed to either the Supreme Court or any other Court during the course of proceeding at the • The proclamation need to be approved by both Houses of Tribunal. Parliament within one month. • Thus, the proclamation if not approved by both Houses of Parliament within one month shall cease to operate. ►EMERGENCY PROVISIONS • Prior to 44th Amendment, the time require for approval by The Constitution envisages three types of Emergencies: both Houses of Parliament was 2 months. Constitution 44thAmendment reduced it to 1 month. 1. Emergency arising from threat to security of the nation or • a part thereof – Article 352 The proclamation approving emergency has to be passed by each House by a total membership of each House 2. Breakdown of Constitutional machinery in a State – Article and not less than 2/3rd of the majority of membership 356 present and voting in each House. 3. Financial Emergency – Article 360 • Prior to 44th Amendment, proclamation was passed by simple majority in both Houses of Parliament. 17 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

BASICS OF CONSTITUTION OF INDIA

TENURE • all or any of the powers vested in or exercisable by the • Once approved by Parliament, the proclamation remains Governor in force for 6 months, unless it is revoked earlier. • declare that the powers of State Legislature are to be • For continuation of emergency beyond 6 months, the exercised by Parliament proclamation needs to be approved again by both Houses • President may even suspend in whole or in part the of the Parliament. provision of the Constitution relating to any body or REVOCATION authority in the State. • • It has to be revoked by President once Lok Sabha passes President cannot assume to himself powers of High Court its revocation by simple majority of the members of the APPROVAL House present and voting. • Every such proclamation shall be laid before each House of • If 1/10th of the total members of Lok Sabha has given in Parliament. writing their intention to revoke proclamation of • Such proclamation needs to be approved within 2 months emergency by each House of Parliament by simple majority. ο to the Speaker in writing if the House is in session; TENURE ο to the President if the House is not in session • The proclamation once approved shall be in force for a ο a special sitting of the House shall be convened within period of 6 months. 14 days. • The life of proclamation can be extended for further 6 EFFECT months if both Houses approves its continuance by • Parliament becomes empowered to make laws with passing it. respect to any matter enumerated in State List under • Maximum time for which such a proclamation remains in Schedule VII. force is for 3 years. • Article 19 remains suspended. CONSTITUTION 44TH AMENDMENT • Right to move Court under Part III of the Indian As per 44th Amendment, the following conditions must be Constitution shall remain suspended except Article 20 and fulfilled for the proclamation to be carried beyond 1 year- 21. • Proclamation for emergency under Article 352 must be in • Parliament can extend the life of Lok Sabha beyond its operation in the whole of India, or the concerned State or normal period of 5 years by 1 year each time subject to a in part of the State. maximum period of 6 months after the proclamation has • Election Commission certifies that continuation in force of cease to operate. proclamation under Article 356 is necessary on account of holding elections to the concerned Legislative Assembly. ►ARTICLE 356 - FAILURE OF EFFECT CONSTITUTIONAL MACHINERY IN State Legislature ceases to function as it is either dissolved or is kept in suspended animation. STATE

GROUNDS ►FINANCIAL EMERGENCY – ARTICLE If the President on receipt of report from Governor of a state or otherwiseis satisfied that a situation has arisen in which 360 the Government of the State cannot be carried on in GROUNDS accordance with Constitutional Provisions, the President • If the President is satisfied that financial stability or credit may assume to himself of India or any part thereof is threatened, he may by • all or any of the functions of the Government of the State proclamation under Article 360 make a declaration.

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BASICS OF CONSTITUTION OF INDIA

• A proclamation under Article 360 can be revoked by a • Hence exercise of discretionary power by Governor as subsequent proclamation. Centre’s representative is constitutionally justifiable. APPROVAL DISCRETIONARY POWERS OF THE GOVERNOR Such proclamation • The Constitution has not explicitly defined or described • shall be laid before each House of Parliament. Governor’s discretionary powers and provides no guidelines for deciding as to which matters may fall under • shall cease to operate at the expiration of 2 months, this category and in effect the final judge of the matter is unless before the expiration of that period it has been the Governor himself under Article 163(2). approved by resolutions of both Houses of Parliament by • simple majority. However, going by the various provisions of the Constitution, one can decipher several categories of EFFECT actions which the Governor “may” take in his discretion: • Reduction of salaries and allowances of government 1. Under Article 200, Governor can reserve any Bill for the employees consideration of the President which in the opinion of • All Money Bills, Finance Bills or other Bills involving Governor derogates from the powers of High Court as expenditure from State Consolidated Fund shall be to endanger the position which that Court is by this reserved for consent of the President after being passed Constitution designed to fill. by State Legislature 2. To reserve any other Bill as he deems fit.

3. To appoint the Chief Minister of State under Article ►ROLE OF GOVERNOR 164(1). 4. To dismiss the ministry as the Chief Minister and other ►DOES GOVERNOR PERFORM A DUAL Ministers shall hold office during the pleasure of the FUNCTION? Governor under Article 164(1) 5. Governor’s report under Article356 in case of failure of FUNCTIONS OF GOVERNOR Constitutional machinery in States. The State Executive consists of the Governor, who is the head 6. Governor’s responsibility for certain regions such as the of the head of the State, and the Council of Ministers with the Tribal Areas in Assam and responsibilities placed on the Chief Minister at its head. He acts as: Governor under Article 371A (Nagaland), 371C • Constitutional Head of a State under Article 153 and 154, (Manipur), 371H (Arunachal Pradesh). and as • The Governor performs functions 1, 2 ,5 and 6 as the agent • An agent of the Centre as he holds office during the of the Centre and functions 3 and 4 as the Head of the pleasure of the President under Article 156. State. In all other matters, the Governor like the President CONTROVERSY acts on the advice of his Council of Ministers (COMs) under Article 166(1). • Controversy arises when both functions of the Governor overlap and the question arises as to which function supersedes which in this era of multi-party system. This dual function of the Governor in recent times has created ►CASE OF DELHI enough controversies where different parties enjoy power The Supreme Court in November 2017 said that Delhi’s at the Centre and in the States. Lieutenant Governor has more power than the governor of a WHY THIS DUAL FUNCTION? state as he does not have to act on the aid and advice of the • Constituent Assembly adopted the system of centrally council of ministers all the time. nominated, rather than elected Governor as that would The Supreme Court observed that there was no need for keep the Centre in touch with the State and would remove “fundamental concurrence” of LG in every aspect and in a source of possible “separatist tendencies” of States. case of differences with the ministers, the LG should refer the matter to the President and must spell out the reasons.

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BASICS OF CONSTITUTION OF INDIA

STATUS OF DELHI cannot make laws on the following entries under the Delhi is neither a State, nor a Union Territory. It used to be a State List, such as: – full-fledged Union Territory till 1991, when the 69th ο Entry 1: Public Order; Constitution Amendment gave it a special status. ο Entry 2: Police (including railway and village police); The amendment declared the Union Territory of Delhi to be ο Entry 18: Land, that is to say any right in or over land, land formally known as National Capital Territory of Delhi. tenures including the relation of landlord and tenant, and CONSTITUTIONAL PROVISIONS the collection of rents, transfer and alienation of  ART 239 agricultural land, land improvement and agricultural loans and colonization. • Article 239 provides for Administration of Union • Territories. Thus, the government of Delhi does not enjoy all the powers with respect to law making which are enjoyed by • As per Article 239 (1).... Union territory shall be other states. Moreover, NCT is primarily a Union Territory administered by the President through an Administrator to which has a legislative assembly be appointed by the President. • There shall be a Council of Ministers consisting of not • Article 239 (2) says that...President may appoint the more than ten percent, of the total number of members Governor of a State as the administrator of an adjoining in the Legislative Assembly. Union Territory, and where a Governor is so appointed, he • shall exercise his functions as such administrator The Chief Minister at the head to aid and advise the independently of his Council of Ministers. Lieutenant Governor in the exercise to his functions in relation to matters with respect to which the Legislative  ART 239 A Assembly has power to make laws, except in so far as he • Article 239A provides for Creation of local Legislatures is, by or under any law, required to act in hisdiscretion. or Council of Ministers or both for certain Union • If there is any difference of opinion between the Territories. This article was added by Constitution Lieutenant Governor and his Ministers on any matter, the (Fourteenth Amendment) Act, 1962. Lieutenant Governor shall refer it to the President for • Clause 2 of Article 239A mentions that any law which decision and act according to the decision given provides for creation of local legislatures or Council of thereon by the President. Ministers or both for certain Union Territories shall not be • However, if the matter sent to the President is pending deemed to be an amendment of this Constitution for the before the President, then the Lieutenant Governor can purpose of Article 368 even though certain provisions of take immediate action or give such direction if he thinks the Constitution are amended. the matter is of urgency or importance • Article 239AA of the Indian Constitution was added by DELHI LG VS PUDUCHERRY LG Constitution (Sixty-ninth Amendment) Act, 1991. It says • that Union Territory of Delhi shall be called the National The LG of Delhi has “Executive Functions” that allow him to Capital Territory of Delhi and the Administrator thereof exercise his powers in matters connected to public order, appointed under Article 239 shall be designated as the police and land “in consultation with the Chief Minister, if it Lieutenant Governor. is so provided under any order issued by the President under Article 239 of the Constitution”. Simply put, the LG • There shall be a Legislative Assembly for the National of Delhi enjoys greater powers than the LG of Capital Territory (NCT) of Delhi and the seats in such Puducherry. Assembly shall be filled by members chosen by Direct • Election from territorial constituencies in the NCT. Articles 239 and 239AA of the Constitution, as well as the Government of National Capital Territory of Delhi Act, • The Legislative Assembly of Delhi shall have power to 1991, clearly underline that Delhi is a UT, where the make laws for the whole or any part of NCT with respect to Centre, whose eyes and ears are the LG, has a much more any matters enumerated in State List or in the prominent role than in Puducherry. Concurrent List. However, Legislative Assembly of Delhi

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BASICS OF CONSTITUTION OF INDIA

►JAMMU & KASHMIR: GST 1. employment under the State Government 2. acquisition of immovable property in the State AND ARTICLE 35A 3. settlement in the State

In July 2017 when the Goods and Services Tax (GST) was 4. right to scholarships and such other forms of aid as the extended to Jammu & Kashmir a week after it was State Government may provide implemented in the rest of the country. NEED FOR SEPARATE STATE GST FOR KASHMIR • State of J&K enjoys a special status under Article 370 of the ►NORTH EASTERN COUNCIL Indian Constitution and hence every central law or an • After a gap of 12 years, the standing committee of Inter- amendment made to the Constitution does not State Council (ISC) held its first meeting in New Delhi in automatically extend to the state of J&K. April 2017. It discussed recommendations of the Punchhi Commission on Centre-State Relations. • Hence, any central legislation or a constitutional amendment, can only be made applicable to state of J&K • After that in June 2017, the government of India chaired with concurrence of the State Government and when the 66th Plenary of North Eastern Council. Some of the major President issues an order under Article 370. achievements of the NEC was highlighted and various projects pertaining to different sectors were approved by ART 35A IN QUESTION the Union Government for the development of the region.  ARTICLE 35A INTER-STATE COUNCIL (ISC) • Article 35A grants the status of permanent residency to the • Article 263 of the Constitution envisages establishment of residents of Jammu and Kashmir (J&K). This Article was an institutional mechanism to facilitate coordination of incorporated in the Indian Constitution through the policies and their implementation between the Union and Presidential Order of 1954 and not through an the State Governments. amendment under Article 368. • Inter State council is a constitutional body set up on the • Various provisions of Indian constitution which were basis of provisions in Article 263 of the Constitution of earlier not applicable to the state of J&K because of Article India by a Presidential Order dated 28th May, 1990 on 370, became applicable because of amendments brought recommendation of Sarkaria Commission. in through these Presidential Order of 1954. FUNCTIONS AND DUTIES OF ISC • Thus, the Presidential Order, 1954 effectively made most Inter-State Council is a recommendatory body and it of the provisions of Indian Constitution applicable to the investigates and discusses such subjects, in which some or all state of J&K such as fundamental rights, extent of of the States or the Union and one or more of the States have jurisdiction of High Court, power of election commission to a common interest, for better coordination of policy and conduct elections etc. action with respect to that subject. It also deliberates upon such other matters of general interests to the States as may • However, the current government is against Article 35A as be referred by the Chairman to the Council. Its duties include: it was not brought within the constitutional framework through an amendment under Article 368 but via a • Inquiring into and advising upon disputes which may have Presidential Order of 1954. Thus, the current government arisen between/among States is in favour of scrapping Article 370 of the Indian • Investigating and discussing subjects in which some or all Constitution through legal process. of the States, or the Union and one or more of the States  APPLICATION have a common interest • Making recommendations upon any such subject for the • A law defining the classes of persons who are, or shall be better coordination of policy and action with respect to permanent residents of the State of Jammu and Kashmir that subject. • A law conferring on such permanent residents any special COMPOSITION OF ISC rights and privileges or imposing upon other persons any restrictions with respect to: Prime Minister is the Chairman of the ISC. Chief Ministers of all the States and Union Territories having Legislative

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BASICS OF CONSTITUTION OF INDIA

Assemblies, Administrators of Union Territories not having seats allotted to it shall be the same throughout the Legislative Assemblies, Governors of States under President’s Panchayat area. rule and six Ministers of Cabinet rank in the Union Council of • The superintendence, direction and control of the Ministers, nominated by the Chairman of the Council, are preparation of electoral rolls for, and the conduct of, all members of the Council. Five Ministers of Cabinet rank elections to the Panchayats shall be vested in the State nominated by the Chairman of the Council are permanent Election Commission. invitees to the Council. DURATION NORTH EASTERN COUNCIL (NEC) Every Panchayat, unless sooner dissolved under any law for • NEC is the nodal agency for the economic and social the time being in force, shall continue for five years from the development of the North Eastern Region which consists date appointed for its first meeting. of the eight States of Arunachal Pradesh, Assam, Manipur, FINANCE COMMISSION Meghalaya, Mizoram, Nagaland, Sikkim and Tripura. • The Governor of a State shall at the expiration of every • NEC was constituted in 1971 through The North Eastern fifth year, constitute a Finance Commission to review the Council Act, 1971 to act as an advisory body in respect of financial position of the Panchayats and to make socio-economic and balanced development of the entire recommendations to the Governor on: North Eastern Areas. NEC has been instrumental in providing a planned and concentrated effort towards rapid ο The principles which should govern the distribution development of the region in all spheres of socio- between the State and the Panchayats of the net economic life. proceeds of the taxes, duties, tolls and fees ο the grants-in-aid to the Panchayats from the Consolidated Fund of the State ►PANCHAYATS ο the measures needed to improve the financial position PANCHAYATS & MUNICIPALITIES of the Panchayats PART IX of the Indian Constitution deals with the Panchayats APPLICATION whereas PART XIA deals with the Municipalities. • The part relating to Panchayat shall not apply to GRAM SABHA ο Scheduled areas and Tribal areas as referred to in Gram Sabha means a body consisting of persons registered Article 244. in the electoral rolls relating to a village comprised within the ο States of Nagaland, Meghalaya and Mizoram area of Panchayat at the village level. ο Hill areas in the State of Manipur for which District PANCHAYAT Councils exist • Panchayat means an institution of self-government THE SCHEDULED AND TRIBAL AREAS’ constituted for rural areas. • Article 244 deals with ‘The Scheduled and Tribal Areas’. • There shall be constituted in every State, Panchayats at the Article 244 deals with Administration of Scheduled and village, intermediate and districts level. Tribal Areas. • However, Panchayats at the intermediate level may not be • 244(1) – The provisions of Fifth Schedule shall apply to the constituted in a State having a population not exceeding administration and control of Scheduled Areas and twenty lakhs. Scheduled Tribes in any state other than the states of ELECTION Assam, Meghalaya, Tripura and Mizoram. • • All the seats in a Panchayat shall be filled by persons 244(2) - The provisions of Sixth Schedule shall apply to the chosen by direct election from territorial constituencies in administration of the tribal areas in the state of Assam, the Panchayat area. Meghalaya, Tripura and Mizoram. • • Each Panchayat area shall be divided into territorial Thus, Parliament enacted Panchayat (Extension to the constituencies in such manner that the ratio between the Scheduled Areas) Act, 1996 (PESA) to extend Part IX of the population of each constituency and the number of 22 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

BASICS OF CONSTITUTION OF INDIA

Constitution with certain modifications and exceptions to District Planning Committee shall be constituted at district the Scheduled V areas. level in every State EMPOWERMENT OF GRAM SABHA THROUGH PESA • To consolidate the plans prepared by the Panchayats and • Safeguard and preserve the traditions and customs of the the Municipalities in the district and people, their cultural identity, customary resources and • To prepare a draft development plan for the district as a customary mode of dispute resolution whole. • Carry out executive functions to approve plans, Not less than four-fifths of the total number of members of programmes and projects for social and economic such Committee shall be elected by, and from amongst, development, identify persons as beneficiaries under the • the elected members of the Panchayat at the district level poverty alleviation and other programmes and • Right to mandatory consultation in land acquisition, • of the Municipalities in the district in proportion to the resettlement and rehabilitation of displaced persons ratio between the population of the rural areas and of the • regulate sale/consumption of intoxicants; ownership of urban areas in the district minor forest produce and manage village market METROPOLITAN PLANNING COMMITTEE • There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft ►MUNICIPALITY development plan for the Metropolitan area as a whole. CONSTITUTION • Not less than two-thirds of the members of such There shall be constituted in every State Committee shall be elected by, and from amongst, • Nagar Panchayat (for transitional area from rural to urban) • The elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in • Municipal Council (for smaller urban area) proportion to the ratio between the population of the • Municipal Corporation (for larger urban area) Municipalities and of the Panchayats in that area. METROPOLITAN AREA FINANCE COMMISSION • “Metropolitan area” means an area having a population of The Finance Commission constituted under article 243-I shall ten lakhs or more, comprised in one or more districts and also review the financial position of the Municipalities and consisting of two or more Municipalities or Panchayats or make recommendations to the Governor other contiguous areas. • Regarding distribution between the State and the ELECTION Municipalities of the net proceeds of the taxes • All the seats in a Municipality shall be filled by persons • Determination of the taxes, duties, tolls and fees which chosen by direct election from the territorial may be assigned to, or appropriated by, the Municipalities. constituencies in the Municipal area. • Grants-in-aid to the Municipalities from the Consolidated • For this purpose, each Municipal area shall be divided into Fund of the State. territorial constituencies to be known as wards.

• The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all ►97TH CONSTITUTIONAL elections to the Municipalities shall be vested in the State Election Commission. AMENDMENT- COOPERATIVE

WARDS COMMITTEE CHANGES INCORPORATED There shall be constituted Wards Committees, consisting of In fundamental Rights: Article 19(1):Right to form one or more wards, within the territorial area of a cooperatives Municipality having a population of three lakhs or more. In DPSP: Article 43B: State shall endeavour to promote DISTRICT PLANNING COMMITTEE voluntary formation, autonomous functioning, democratic

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BASICS OF CONSTITUTION OF INDIA

control and professional management of co-operative ο Provisions for ensure participation of members in the societies. management of the co-operative society providing INCLUSION OF PART IXB OF THE CONSTITUTION minimum requirement of attending meetings by the members and utilising the minimum level of services • Legislature of a State to make law with respect to ο provisions for the incorporation, regulation and winding Provision for education and training of the members of up of co-operative societies on the principles of voluntary cooperatives formation, democratic member-control, member- MANDATORY RETURNS economic participation and autonomous functioning. • Every co-operative society to file returns, within 6 months • Composition of board of cooperatives: of close of every financial year, to the authority designated ο Maximum number of directors of a co-operative society by the state government to be less than 21. ο Annual report, audited statement of accounts, plan for ο Reservation of one seat for SC or ST and two seats for surplus disposal, list of amendments to the byelaws of women on board of every co-operative society co-operative society, declaration regarding date of consisting of individuals as members. holding of its general body meeting and conduct of elections when due ο Term of office of elected members of the board and its • office bearers shall be 5 years. However, the board may Offences and penalties fill a casual vacancy on the board by nomination out of • Provisions of this part will also apply to Multi-State co- the class of members in respect of which casual vacancy operative societies, however, the law for such co- has arisen, if the term of office of the board is less than operatives shall be made by Parliament. half of its original term. ο Legislature of the State may make provisions for co- option of specialists. However, such co-opted members ►CONSTITUTIONAL BODIES shall not exceed two in addition to 21. Also, such co- opted members do not have the right to vote in any ►PUBLIC SERVICE COMMISSION election of the co-operative society or to be eligible to • There shall be a Public Service Commission for the Union be elected as office bearers of the Board. and a Public Service Commission for each State. ο Functional directors of co-operative societies shall also • Two or more States may agree to have a Joint Public be members of the board Service Commission (JPC) for that group of States • Election of the board to be conducted before the expiry of • Parliament may by law provide for the appointment of a the term of the board so that newly elected board Joint State Public Service Commissionafter a resolution to assumes office immediately on the expiry of the office of that effect has been passed by the State Legislature or, members of outgoing board. where there are two Houses, by each House of the • No board of a cooperative shall be superseded or kept Legislature of each of those States. under suspension for a period of 6 months. • An act made by Parliament or State Legislature may • Mandatory audit of accounts of cooperatives at least once extend the functions of Public Service Commissions. in a financial year. • The expenses of the Service Commission including any • Annual general body meeting of every co-operative society salaries, allowances and pensions payable shall be charged shall be convened within a period of 6 months of close of respectively on: financial year to transact the business ο Consolidated Fund of India - UPSC • Right of a member to get information: ο Consolidated Fund of states - State Public Service ο Provisions for access to every member of a co-operative Commission society to the books, information and accounts of the co-operative society

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BASICS OF CONSTITUTION OF INDIA

►UNION PUBLIC SERVICE • A member other than the Chairman of UPSC shall be eligible for appointment as the Chairman of UPSC, or as COMMISSION (UPSC) the Chairman of a State Public Service Commission --- APPOINTMENT OF MEMBERS but shall not be eligible for any other employment either under the Government of India or under the Government The Chairman and other members of UPSC shall be of a State. appointed by the President. FUNCTIONS OFFICE UNDER THE GOVERNMENT • To conduct examinations for appointments to the services Nearly as may be one-half of the members of every Public of the Union Service Commission shall be persons who have held office • either under the Government of India or under the To assist such states on request in framing and operating Government of a State for at least ten years. schemes of joint recruitment for any services. • State Commission shall consult UPSC on: TERM OF OFFICE ο Issues relating to methods of recruitment to civil A member of UPSC shall hold office for services and for civil posts • a term of 6 years from the date on which he enters upon ο Principles to be followed in making appointments, his office; or promotions and transfers from one service to another • Until he/she attains the age of 65 years ο On all disciplinary matters affecting a person serving RESIGNATION under the Government of India or the Government of a A member of UPSC may resign his/her office by writing under State in a civil capacity his hand addressed to the President. ο On any claim by serving or has served members under REMOVAL the Government of India or the Government of a State Chairman or any other member of UPSC shall only be or under the Crown removed from his office by order of thePresident ο On any claim for the award of a pension in respect of • on the ground of misbehavior; and injuries sustained by a person while serving under the Government of India or the Government of a State or • After the Supreme Court has on inquiry (on reference under the Crown being made to it by the President) reported that the Chairman or such other member ought to be removed on REPORTS OF UPSC such grounds. • It shall be the duty of UPSC to present annually to the • The President may also remove a Chairman or Member of President a report as to the work done by the Commission. UPSC if: • On receipt of such report the President shall cause a copy ο They are adjudged insolvent thereof to be laid before each House of Parliament. • The Report shall also contain a memorandum explaining ο They engage during their term of office in any paid where the advice of the Commission was not accepted and employment outside the duties of their office. the reasons for such non-acceptance. ο They are in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body. ►STATE PUBLIC SERVICE SUSPENSION COMMISSION (SPSC) The President may suspend from office the Chairman or any other member of UPSC in respect of whom a reference APPOINTMENT OF MEMBERS has been made to the Supreme Court for enquiry. The Chairman and other members of SPSC shall be Holding of Office appointed by the Governor of that state. • The Chairman of UPSC shall be ineligible for further OFFICE UNDER THE GOVERNMENT employment either under the Government of India or Nearly as may be one-half of the members of every State under the Government of a State. Public Service Commission shall be persons who have held

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BASICS OF CONSTITUTION OF INDIA

office either under the Government of India or under the • To assist such states on request in framing and operating Government of a State for at least ten years. schemes of joint recruitment for any services. TERM OF OFFICE • State Commission shall be consulted on all matters A member shall hold office for related to: • a term of six years from the date on which he enters upon ο Methods of recruitment to civil services and for civil his office; or posts • Until he/she attains the age of 62 years ο Principles to be followed in making appointments, RESIGNATION promotions and transfers from one service to another A member of SPSC may resign his/her office by writing under ο on all disciplinary matters affecting a person serving his hand addressed to the Governor. under the Government of a State in a civil capacity REMOVAL ο on any claim by serving or has served members under Chairman or any other member of SPSC shall only be the Government of a State removed from his office by order of the President ο on any claim for the award of a pension in respect of • on the ground of misbehavior; and injuries sustained by a person while serving under the • After the Supreme Court has on inquiry (on reference Government of a State. being made to it by the President) reported that the REPORTS OF SPSC Chairman or such other member ought to be removed on • such grounds. It shall be the duty of SPSC to present annually to the The President may also remove a Chairman or Member of Governor a report as to the work done by the Commission. SPSC if: • On receipt of such report the Governor shall cause a copy • They are adjudged insolvent thereof to be laid before respective Legislature of State. • They engage during their term of office in any paid • The Report shall also contain a memorandum explaining employment outside the duties of their office. where the advice of the Commission was not accepted and • They are in the opinion of the President, unfit to continue the reasons for such non-acceptance. in office by reason of infirmity of mind or body. SUSPENSION The Governor may suspend from office the Chairman or any ►JOINT PUBLIC SERVICE other member of UPSC in respect of whom a reference has COMMISSION (JPC) been made to the Supreme Court for enquiry. APPOINTMENT HOLDING OF OFFICE The Chairman and other members of JPC shall be appointed • Chairman of a SPSC shall be eligible for appointment as by the President. the TENURE ο Chairman A member of JPC shall hold office for: ο As any other member of the Union Public Service Commission • a term of six years from the date on which he enters upon ο As the Chairman of any other State Public Service his office; or Commission • Until he/she attains the age of 62 years • But shall not be eligible for any other employment RESIGNATION either under the Government of India or under the A member of JPC may resign his/her office by writing under Government of a State. his hand addressed to the President. FUNCTIONS REMOVAL • To conduct examinations for appointments to the services Same as members of UPSC of the State

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BASICS OF CONSTITUTION OF INDIA

SUSPENSION • On receipt of such report the Governor shall cause a copy The President may suspend from office the Chairman or thereof to be laid before respective Legislature of State. any other member of UPSC in respect of whom a reference • The Report shall also contain a memorandum explaining has been made to the Supreme Court for enquiry. where the advice of the Commission was not accepted and the reasons for such non-acceptance. REPORTS OF JPC • It shall be the duty of JPC to present annually to the Governor a report as to the work done by the Commission.

►MEMBERS OF UPSC ►MEMBERS OF SPSC ►MEMBERS OF JPC

Appointment by the The President Governor President

Term of office - A a term of 6 years from date a term of 6 years from date a term of 6 years from date of joining or member shall hold of joining or till they attain of joining or till they attain till they attain 65 years of age office for 62 years of age 62 years of age

By writing under his hand addressed to By writing under his hand By writing under his hand Resignation the President addressed to the Governor addressed to the President

By order of the President on grounds of misbehaviour and after an enquiry by Supreme Court. Removal Same as of UPSC Same as of UPSC Can be removed also on the grounds of: Insolvency, outside employment and infirmity of mind and body

Suspension By the President By the Governor By the President

►COMPTROLLER AND AUDITOR according to the form set out for the purpose in the Third Schedule. GENERAL OF INDIA (CAG) CONDITIONS OF SERVICE APPOINTMENT • The salary and other conditions of service of the CAG shall CAG shall be appointed by the President by warrant under be determined by Parliament by law. his hand and seal. • The CAG shall not be eligible for further office either REMOVAL under the Government of India or under the Government CAG shall only be removed from office in like manner and on of any State after he has ceased to hold his office the like grounds as a Judge of the Supreme Court. ADMINISTRATIVE EXPENSE (By a majority of the total membership of that House and The administrative expenses of the office of CAG including all by a majority of not less than two-thirds of the members salaries, allowances and pensions payable to or in respect of of that House present and voting) the persons serving in that office, shall be charged upon the OATH Consolidated Fund of India. Every person appointed to be the CAG of India shall make DUTIES & POWERS and subscribe before the President, or some person The CAG shall perform its duties and functions with respect appointed in that behalf by him, an oath or affirmation to accounts of the Union and of the States along with Public Sector Undertakings and Public Institutions.

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BASICS OF CONSTITUTION OF INDIA

AUDIT REPORTS Raised to 42% which is a huge jump from the 32% • The reports of the CAG relating to the accounts of the Recommended by the 13th Finance Commission. Union shall be submitted to the President, who shall • The tenure of FFC is for the period from 1st April, 2015 to cause them to be laid before each House of Parliament. 31st March, 2020. • The reports of CAG relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State. ►NATIONAL COMMISSION FOR SCHEDULED CASTE (NCSC) MEMBERS ►FINANCE COMMISSION The Commission shall consist of a Chairperson, Vice- CONSTITUTION Chairperson and three other Members. • The President shall at the expiration of every fifth year APPOINTMENT or at such earlier time as the President considers necessary, by order constitute a Finance Commission. The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant • The Finance Commission shall consist of a Chairman and under his hand and seal. four other members to be appointed by the President. TENURE SELECTION OF MEMBERS The conditions of service and tenure of office of the Parliament may by law determine the qualifications which Chairperson, Vice-Chairperson and other Members so shall be requisite for appointment as members of the appointed shall be such as the President may by rule Commission and the manner in which they shall be selected. determine. DUTY DUTIES To make recommendations to the President as to – It shall be the duty of the Commission to: • The distribution between the Union and the States of the • to investigate and monitor all matters relating to the net proceeds of taxes safeguards provided for the Scheduled Castes under the • Principles governing the grants in-aid of the revenues of Constitution or any other law. the States out of the Consolidated Fund of India • to inquire into specific complaints with respect to the • Measures needed to augment the Consolidated Fund of a deprivation of rights and safeguards of the Scheduled State to supplement the resources of the Panchayats and Castes Municipalities in the State on the basis of the • to participate and advise on the planning process of socio- recommendations made by the State Finance Commission. economic development of the Scheduled Castes • Any other matter referred to the Commission by the • to evaluate the progress of their development under the President in the interests of sound finance. Union and any State RECOMMENDATIONS • to present to the President, annually and at such other The President shall cause every recommendation made by times as the Commission may deem fit, reports upon the the Finance Commission together with an explanatory working of those safeguards memorandum as to the action taken thereon to be laid • to make recommendation about measures to be taken by before each House of Parliament. Union or State for effective implementation for the FOURTEENTH FINANCE COMMISSION (FFC) protection, welfare and socio-economic development of • 14th Finance Commission (FFC) Report was tabled in the Scheduled Castes. Parliament February 2015. REPORT OF THE COMMISSION • FFC recommended by Majority Decision that the States’ • The President shall cause all such reports to be laid Share in the Net Proceeds of the Union Tax Revenues be before each House of Parliament along with a

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BASICS OF CONSTITUTION OF INDIA

memorandum explaining the action taken or proposed to • To inquire into specific complaints with respect to the be taken on the recommendations. deprivation of rights and safeguards of the Scheduled • If the report relates to State Government, then the Tribes Governor of that statewho shall cause it to be laid before • To participate and advise on the planning process of socio- the Legislature of the State along with a memorandum economic development of the Scheduled Tribes explaining the action taken or proposed to be taken. • To evaluate the progress of their development under the POWERS OF CIVIL COURT Union and any State The Commission shall, while investigating any matter or • To present to the President, annually and at such other enquiring into any complaint shall have all the powers of a times as the Commission may deem fit, reports upon the civil court trying a suit specially for working of those safeguards • summoning and enforcing the attendance of any person • To make recommendation about measures to be taken by from any part of India and examining him on oath Union or State for effective implementation for the • requiring the discovery and production of any document protection, welfare and socio-economic development of • receiving evidence on affidavits the Scheduled Tribes. • requisitioning any public record or copy thereof from any REPORT OF THE COMMISSION court or office • The President shall cause all such reports to be laid • issuing commissions for the examination of witnesses and before each House of Parliament along with a documents memorandum explaining the action taken or proposed to CONSULTATION be taken on the recommendations. The Union and every State Government shall consult the • If the report relates to State Government, then the Commission on all major policy matters affecting Scheduled Governor of that statewho shall cause it to be laid before Castes. the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken. ►NATIONAL COMMISSION FOR POWERS OF CIVIL COURT SCHEDULED TRIBE (NCST) The Commission shall, while investigating any matter or enquiring into any complaint shall have all the powers of a MEMBERS civil court trying a suit specially for The Commission shall consist of a Chairperson, Vice- • summoning and enforcing the attendance of any person Chairperson and three other Members. from any part of India and examining him on oath APPOINTMENT • requiring the discovery and production of any document The Chairperson, Vice-Chairperson and other Members of the • receiving evidence on affidavits Commission shall be appointed by the President by warrant • requisitioning any public record or copy thereof from any under his hand and seal. court or office TENURE • issuing commissions for the examination of witnesses and The conditions of service and tenure of office of the documents Chairperson, Vice-Chairperson and other Members so CONSULTATION appointed shall be such as the President may by rule determine. The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled DUTIES Tribes. • To investigate and monitor all matters relating to the

safeguards provided for the Scheduled Tribe under the Constitution or any other law. 29 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

BASICS OF CONSTITUTION OF INDIA

►102ND CONSTITUTIONAL • NCBC will have powers of civil court while inquiring into any complaint. AMENDMENT ACT – NATIONAL • Union and State Governments to consult NCBC on all COMMISSION FOR BACKWARD major policy matters affecting the SEBCs. CLASSES (NCBC) 2) Article 342A: • President after consultation with Governor of each State PROVISIONS and UT to notify SEBCs for every State or UT. 1) Article 338B: Creates a constitutional Commission for the • Central List of SEBCs: Parliament can by law include in or socially and educationally backward classes (SEBCs) to be exclude from the Central List of SEBCs. known as National Commission for Backward Classes.

• Composition: Commission shall consist of Chairperson, Vice-chairperson, and three other Members. Conditions of ►103RD CONSTITUTIONAL service tenure of office of the Chairperson, Vice- AMENDMENT ACT Chairperson and other members to be determined by President by rules. They will be appointed by President by • Special Provisions for reservation of Economically Weaker warrant under his hand and seal. Sections who are not covered under reservations benefits accorded to SC, ST or OBC. • Functions of the NCBC: • Inclusion Article 15(5): Special provisions for the ο Investigate and monitor about the safequards provided advancement of any economically weaker sections of for SEBCs under COI or under any law or order. Also to citizens other than the classes such as (SC, ST, OBC) evaluate working of above safequards. ο Special provision for admission to educational ο Inquire into specific complaints with respect to institutions including private educational institutions, deprivation of rights and safequards of the SEBCs whether aided or unaided by State, other than minority ο Participate and advise on the socio-economic educational institutions. The reservation would be in development of SEBCs and to evaluate the progress of addition to the existing reservations and would be their development under the Union or any State. maximum up to 10 percent of the total seats in each ο Present annual report to the President and other category. reports as the Commission deems fit upon the working • Inclusion of Article 16(5): Provision for reservation in of safeguards. public employment for economically weaker sections, in ο Make recommendations about the measures that need addition to the existing reservation to a maximum of 10% to be taken by the Union or States for the effective for posts in each category. implementation safeguards and other additional • Economically Weaker Sections to be notified by measures for socio-economic development of SEBCs in Government from time to time on the basis of family the above reports income and other indicators of economic disadvantage. • President shall lay all reports of NCBC before each House • CRITERIA FOR EWS notified by DOPT: of Parliament along with memorandum explaining the ο Persons who are not covered under scheme for action taken and the reasons for the non-acceptance, of reservation of SC, ST and OBCs any such recommendations. ο Income: Gross annual family income to be less than Rs 8 • If the report of NCBC presented to the President or any lakh. part of it deals with any matter which deals with any State Government, a copy of such report shall be forwarded to ο Sources of Income: Income from all sources ie Salary, the State Government which will lay it before the agriculture, business, profession etc for the financial Legislature of the State along with memorandum year prior to the year of application. explaining the action taken and the reasons for the non- ο Assets: Persons whose family owns or possesses any of acceptance, of any such recommendations. the following assets will be excluded from being identified as EWS, irrespective of family income:

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BASICS OF CONSTITUTION OF INDIA

. 5 acres of agricultural land or above • restrictions on the use of the English language for all or . Residential flat of 1000 sq ft or above any of the official purposes of the Union • the language to be used for all or any of the purposes . Residential plot of 100 sq yards and above in notified mentioned in article 348 (Language to be used in Supreme municipalities Court and in every High Court – English language) . Residential plot of 200 sq yards and above in areas • form of numerals to be used for any one or more specified other than notified communities. purposes of Union . Property held in different locations would be • Any other matter referred by the President to the clubbed while applying land or property holding test Commission regarding official language of the Union and to determine EWS status. the language for communication between the Union . Family for EWS purpose includes person who seeks and a State or between one State and another State benefit of reservation, his/her parents and siblings and their use. below 18 years of age, his/her spouse and children In making their recommendations, the Commission shall below 18 years of age. have • EWS reservation can be availed upon production of an • due regard to the industrial, cultural and scientific Income and Asset Certificate issued by following advancement of India, and competent authorities: • the just claims and the interests of persons belonging to ο DM/Additional DM/ Collection/Deputy Commissioner the non-Hindi speaking areas in regard to the public (DC)/Additional DC/ SDM/Taluka Magistrate/Executive services. Magistrate/ Extra Assistant Commissioner COMMITTEE ο Chief Presidency Magistrate There shall be constituted a Committee consisting of 30 ο Revenue officer not below the rank of Tehsildar members, of which ο Sub divisional officer of the area where the candidate • 20 members shall be members of the House of the and his family normally resides. People and • EWS reservation in Government Services is not applicable • 10 members shall be members of the Council of States in Scientific and Technical Posts. to be elected by each House in accordance with the system of proportional representation by means of the single transferable vote. ►COMMISSION ON OFFICIAL The Committee shall examine the recommendations of the LANGUAGE Commission and report to the President their opinion. OFFICIAL LANGUAGE The official language of the Union shall be Hindi in Devanagari script. ►SPECIAL OFFICER FOR LINGUISTIC APPOINTMENT MINORITIES

The President shall at the expiration of ten years by order APPOINTMENT constitute a Commission which shall consist of a Chairman • There shall be a Special Officer for linguistic minorities to and such other members representing the different be appointed by the President. languages specified in the Eighth Schedule as the President • Article 29 provides that any section of citizens residing in may appoint. Indian territory shall have right to conserve distinct DUTIES language, script or culture of their own. It shall be the duty of the Commission to make DUTY recommendations to the President as to – It shall be the duty of the Special Officer to investigate all • the progressive use of the Hindi language for the official matters relating to the safeguards provided for linguistic purposes of the Union 31 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

BASICS OF CONSTITUTION OF INDIA

minorities under this Constitution and report to the • All other matters necessary for securing the due President upon those matters at such intervals as the constitution of such House or Houses President may direct. Thus, the Parliament of India has legislated The REPORT Representation of People Act, 1950 and The The President shall cause all such Reports to be laid before Representation of People Act, 1951. each House of Parliament, and sent to the Governments of State Legislature can make provisions (if any has not been the States concerned. made by the Parliament) in connection with election to the House or either House of State.

INTERFERENCE BY COURTS ►ELECTION COMMISSION Interference by Courts in matters related with elections are CONDUCT OF ELECTIONS barred in matters of – Election Commission shall be responsible for • Delimitation of constituencies or the allotment of seats Superintendence, Direction and Control of the preparation of to such constituencies by Delimitation Commission. the Electoral Rolls for and the conduct of all elections to- • Election to either House of Parliament or to the House or • Parliament either House of State Legislature during the conduct of an election. • Legislature of every State • Offices of President and Vice-President The purpose is to allow the process of election to be completed in the set timeframe allotted by the Election The President may also appoint after consultation with the Commission. Thus, the Constitution effectively states that all Election Commission such Regional Commissioners as he disputes related to the elections shall be raised only after the may consider necessary to assist the Election Commission in declaration of results. the performance of its functions. JURISDICTION OF COURTS CONSTITUTION All doubts and disputes arising out of or in connection with • Chief Election Commissioner (CEC) and such number of the election of a President or Vice-President shall be other Election Commissioners, as the President may inquired into and decided by the Supreme Court. from time to time fix.  The Constitution (Nineteenth Amendment) Act, 1966 • The CEC shall act as the Chairman of the Election Commission. The amendment abolished Election Tribunals and accordingly the jurisdiction to hear election disputes was REMOVAL transferred to the High Court. This was facilitated by adding • The CEC shall be removed from his office in like manner Section 80A to the Representation of People Act, 1951. and on the like grounds as a Judge of the Supreme Court. Section 80A - High Court to try election petitions.—(1) The • Any other Election Commissioner or a Regional Court having jurisdiction to try an election petition shall be Commissioner shall not be removed from office except on the High Court. the recommendation of the Chief Election Commissioner. ELECTION TO PANCHAYAT & MUNICIPALITY • Thus, the process of removal of CEC and other Election or The superintendence, direction and control of the Regional Commissioners is different. preparation of electoral rolls for, and the conduct of, all ROLE OF PARLIAMENT elections to the Panchayats and Municipality shall be vested Parliament may by law make provision with respect to in the State Election Commission. matters relating to elections to either House of Parliament When is a By-Election held for Lok Sabha? or to the House or either House of State Legislature including the preparation of Section 149 of the Representation of People’s Act, 1951 provides for bye-election in case of casual vacancies in the • Electoral rolls, House of the People. It says, when the seat of a member • The delimitation of constituencies and elected to the House of the People becomes vacant or is

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BASICS OF CONSTITUTION OF INDIA

declared vacant or his election to the House of the People is • Meghalaya declared void, then Election Commission by notification can • Tripura hold an election to fill the vacancy. • Mizoram However, if vacancy is caused on a seat reserved for Provides for the constitution of District Councils and Regional Scheduled Caste or Scheduled Tribe, then person filling the Councils seat through election must be from the same category. SCHEDULE VII Bye-elections to fill the vacancy shall be held within a period Distribution of powers to make laws for Parliament & State of six months from the date of the occurrence of the vacancy. Legislatures under However, by-election shall not be held if: • Union List 1. If less than one year remains for the conduct of next • State List general elections. (Eg. Election is to be held in December • Concurrent List and vacancy arose in February of the same year) SCHEDULE VIII 2. If the Election Commission in consultation with the Central Government certifies that it is difficult to hold the Languages bye-election within six months. SCHEDULE IX

• It was added by the Constitution (First Amendment) Act, 1951 ►SCHEDULES UNDER THE • The First amendment added CONSTITUTION OF INDIA ο Article - 31A SCHEDULE I ο Article -31B and Name of States and Union Territories ο Ninth Schedule SCHEDULE II so as to make laws acquiring zamindari unchallenged in Salaries and Emoluments of dignitaries holding constitutional court of law. office: • Thus, any law added to the 9th Schedule could not be • President and Governors challenged in a Court of law even though they violated Fundamental Rights. • Speaker & Deputy Speaker of Lok Sabha + Chairman & Dy. Chairman of Rajya Sabha + Speaker & Dy. Speaker of State • However, in a landmark judgment by 9 Judge Constitution Legislative Assembly + Chairman & Dy. Chairman of Bench in 2007 changed the status quo. Legislative Council of State • The Judgment held that all amendments made to the • Judges of Supreme Court and High Courts Constitution on or after 24th April, 1973 by which 9th SCHEDULE was amended by various laws can be judicially • Comptroller and Auditor General of India reviewed if they have violated the basic structure of the SCHEDULE III constitution as mentioned in Article 14, 19, 20 and 21. Forms of Oath or Affirmation • Now 9th Schedule can be Judicially Reviewed on grounds SCHEDULE IV of violating Basic Structure of the Constitution. Allocation of seats in the Council of States SCHEDULE X SCHEDULE V Disqualifications on grounds of Defection • Administration & Control of Scheduled Areas and SCHEDULE XI Scheduled Tribes • Endowing the Panchayat to make laws under provisions • Provides for Tribes Advisory Council mentioned 11th Schedule. rd SCHEDULE VI • It was added by 73 Constitution Amendment Administration of Tribal Areas in the states of SCHEDULE XII • Assam • Endowing the Municipality to make laws on provisions mentioned under 12th Schedule 33 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

BASICS OF CONSTITUTION OF INDIA

• It was added by 74th Constitution Amendment • Hence, the government has proposed to constitute the National Commission for Socially and Educationally Backward Classes through Constitution (One Hundred ►STATUTORY BODIES and Twenty-third) Amendment Bill, 2017. • The Bill seeks to establish the Commission under the ►NATIONAL COMMISSION FOR Constitution, and provide it the authority to examine BACKWARD CLASSES (NCBC) complaints and welfare measures regarding socially and educationally backward classes. WHY WAS NCBC CONSTITUTED? MEASURES REQUIRED TO MAKE IT A CONSTITUTIONAL • The Supreme Court of India in its Judgment on BODY IndraSawhney&Ors. Vs. Union of India and Others directed the Government of India, State Governments and To make the National Commission for Socially and Union Territory Administrations to constitute a Educationally Backward class a constitutional body, a permanent body in the nature of a Commission or Constitutional Amendment Bill needs to be passed by the Tribunal. Rajya Sabhawith two-thirds majority and receive ratifications from more than 50% state governments. • Thus, the government enacted The National Commission for Backward Classes Act, 1993 for setting up a PROPOSED ARTICLE 338B Commission at National Level namely “National • Constitution (One Hundred and Twenty-third) Commission for Backward Classes” as a permanent body. Amendment Bill, 2017 has proposed to add Article 338B AIM OF NCBC to give Constitutional Status to OBC Commission. • The aim of the Commission was to entertain, examine and Article 338B - There shall be a Commission for the socially recommend requests for inclusion of any class of citizens as and educationally backward classes to be known as the a backward class and complaints of over-inclusion and under- National Commission for Backward Classes. inclusion in the list of OBCs and tenders such advice to the • The Commission shall consist of a Chairperson, Vice- Central Government as it deemed appropriate. Chairperson and three other Members who shall be appointed by the President by warrant under his hand and MEMBERS OF NCBC seal. NCBC shall consist of Five Members nominated by the Central PROPOSED ARTICLE 342A Government: • A Chairperson, who is or has been a Judge of the Supreme It empowers the President to specify communities which Court or of a High Court would fall under backward class for states and union territories, in consultation with the concerned governor. • A Social Scientist • Two persons, who have special knowledge in matters relating to backward classes ►NATIONAL COMMISSION FOR • A Member-Secretary, who is or has been an officer of the Central Government in the rank of a Secretary to the MINORITIES Government of India ESTABLISHED TERM OF OFFICE • Government of India appointed a Minorities Commission Every Member shall hold office for a term of three years in 1978 under an administrative resolution. from the date he assumes office. • Scope of the Commission’s work extended to minorities whether based on religion or language. 123RD CONSTITUTION AMENDMENT • Parliament enacted the National Commission for • The National Commission for Backward Classes Act, Minorities Act, 1992 to establish National Commission for 1993 did not empower the Commission to hear the Minorities grievances of Other Backward Classes. • The government has notified the following as minorities: ο Muslims,

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BASICS OF CONSTITUTION OF INDIA

ο Christians, • The 2005 Act provides for constitution of National ο Buddhists, Commission and State Commissions for Protection of Child Rights and Children's Courts for providing speedy ο Sikhs trial of offences against children or of violation of child ο Zoroastrians, and rights. ο Jains • The Commission shall consist of a Chairperson and six MEMBERS Members, out of which at least two shall be women. The Commission shall consist of a • The Child is defined as a person in the 0 to 18 years age • Chairperson, group. • Vice-Chairperson and APPOINTMENT • Five Members • The Central Government shall appoint Chairperson and to be nominated by the Central Government from other Members amongst persons of eminence, ability and integrity. • Chairperson shall be appointed on the recommendation of TENURE a Three Member Selection Committee headed by Minister of Women and Child Development. The Chairperson and every Member shall hold office for a term of 3 years from the date of appointment. FUNCTION FUNCTIONS • Examine and review the safeguards provided for the • Evaluate the progress of the development of minorities protection of children under various law and recommend under the Union and States. measures for effective implementation • • Monitor the working of the safeguards provided in the Inquire into violation of child rights and recommend Constitution and in laws enacted by Parliament and the initiation of proceedings in such cases State Legislatures and make effective recommendations. • Examine all factors that inhibit the enjoyment of rights of • look into specific complaints regarding deprivation of children affected by terrorism, communal violence, riots, rights and safeguards of minorities natural disaster, domestic violence, HIV/AIDS, trafficking, • conduct studies, research and analysis on the issues maltreatment, torture and exploitation, pornography and relating to socio-economic, educational development and prostitution and recommend appropriate remedial discrimination of minorities and recommend suitable measures measures. • Look into the matters relating to children in need of special REPORTS care and protection including children in distress, Central Government shall cause the recommendations to be marginalized and disadvantaged children, children in laid before each House of Parliament along with a conflict with law,juveniles, children without family and memorandum explaining the action taken or proposed to be children of prisoners and recommend appropriate taken and the reasons for the non-acceptance, if any, of any remedial measures of such recommendations. • Study treaties and other international instruments, undertake periodic review of policies and programmes and undertake and promote research in the field of child ►NATIONAL COMMISSION FOR THE rights. PROTECTION OF CHILD RIGHTS (NCPCR) ►NATIONAL COMMISSION FOR CONSTITUTION WOMEN • It was set up in March 2007 under The Commissions for CONSTITUTION Protection of Child Rights (CPCR) Act, 2005. The National Commission for Women was set up as statutory • It works under the administrative control of Ministry of body under the National Commission for Women Act, 1990. Women & Child Development. 35 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

BASICS OF CONSTITUTION OF INDIA

MEMBERS • a Chairperson who has been a Chief Justice of the The Commission shall consist of a Chairperson and 5 Supreme Court members to be nominated by the Central Government from • one Member who is or has been, a Judge of the Supreme reputable fields. Court TENURE • one Member who is, or has been, the Chief Justice of a The Chairperson and every Member shall hold office for High Court period not exceeding three years. • two Members to be appointed from amongst persons FUNCTIONS having knowledge of, or practical experience in, matters relating to human rights. • Review the Constitutional and Legal safeguards for women The Chairperson of the National Commission for Minorities, • Recommend remedial legislative measures to the the National Commission for the Scheduled Castes, the government National Commission for the Scheduled Tribes and the • Facilitate redressal of grievances and National Commission for Women shall be deemed to be • Advise the Government on all policy matters affecting Members of NHRC for the discharge of its functions. women SECRETARY-GENERAL • Take up cases of violation of laws and rights, non- • implementation of policies and schemes affecting women There shall be a Secretary-General who shall be the Chief Executive Officer of the Commission. • Undertake promotional and educational research andsuggest ways of ensuring due representation of • He/she shall exercise such powers and discharge such women in all spheres of life. functions of as may be delegated to him by the REPORTS Commission or the Chairperson. • He/she shall not exercise judicial functions and shall not • The Central Government shall cause the Reports of NCW to be laid before each House of Parliament along with a have power to make regulations. memorandum explaining the action taken or proposed to APPOINTMENT be taken. • The Chairperson and the Members shall be appointed by • If any matter in the report pertains to any state the President by warrant under his hand and seal. government, then Commission shall forward a copy of • Such appointments shall be made after obtaining such report or part to such State Government who shall recommendations of a Committee consisting of: cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or ο The Prime Minister — Chairperson proposed to be taken on such recommendations. ο Speaker of the House of the People — Member ο Minister in-charge of the Ministry of Home Affairs in the Government of India — Member ►NATIONAL HUMAN RIGHTS ο Leader of the Opposition in the House of the People — COMMISSION (NHRC) & STATE HUMAN Member RIGHTS COMMISSION (SHRC) ο Leader of the Opposition in the Council of States — CONSTITUTION Member ο The Protection of Human Rights Act, 1993 provides for the Deputy Chairman of the Council of States — Member constitution of National Human Rights Commission (NHRC) • Sitting Judge of Supreme Court or sitting Chief Justice of a and State Human Rights Commission (SHRC). High Court shall not be appointed except after consultation with the Chief Justice of India.  NHRC REMOVAL MEMBERS • The Chairperson or any Member may, by notice in writing NHRC shall consists of: under his hand addressed to the Presidentof India, resign his office. 36 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

BASICS OF CONSTITUTION OF INDIA

• They shall be removed on grounds of misbehavior or • a Chairperson who has been a Chief Justice of a High Court incapacity only after an enquiry held by Supreme Court. • one Member who is, or has been, a Judge of a High Court TERM OF OFFICE or District Judge in the State with a minimum of 7 years’ experience as District Judge Chairperson shall hold office • one Member to be appointed from amongst persons • for a term of 5 years from the date of his appointment; or having knowledge of, or practical experience in, matters • until he attains the age of 70 years (whichever of the two is relating to human rights earlier) SECRETARY GENERAL OF SHRC Member shall hold office • There shall be a Secretary who shall be the Chief • for a term of five years Executive Officer of the State Commission. • until he attains the age of 70 years • He/she shall exercise such powers and discharge such A member shall be eligible for re-appointment for another functions of the State Commission as it may be delegated term of five years. by SHRC. BAR ON APPOINTMENTS APPOINTMENT OF MEMBERS OF SHRC On ceasing to hold office, a Chairperson or a Member shall be • The Chairperson and Members shall be appointed by the ineligible for further employment under the Government of Governor by warrant under his hand and seal. India or under the Government of any State. • Appointments shall be made after obtaining the FUNCTIONS recommendation of a Committee consisting of: • Inquire into violations of human rights ο the Chief Minister — Chairperson • Intervene in any proceedings involving human rights ο Speaker of the Legislative Assembly — Member violations pending before a Court of law. ο Minister in-charge of the Department of Home, in that • Jail visits to ensure proper treatment, reformation or State — Member protection of those languished in jails. ο Leader of the Opposition in the Legislative Assembly — • Review safeguards for the protection of human rights and Member recommend measures for their effective implementation. ο If there is a Legislative Council in a State, then the • Study treaties and other international instruments on Chairman and Leader of Opposition in the Council shall human rights and make suitable recommendations. also be Members • Spread human rights literacy among various sections of • Sitting High Court Judge and Sitting District Judge shall not society and promote awareness be appointed except after consultation with the Chief • Encourage the efforts of non-governmental organisations Justice of the High Court of the concerned State. and institutions working in the field of human rights. TENURE OF SHRC POWERS RELATED TO ENQUIRY • Chairperson and Members shall hold office for The Commission for the purpose of enquiry shall all the ο powers of a civil court regarding: a term of 5 years from date of appointment or ο • summoning and enforcing the attendance of witnesses until he/she attains the age of 70 years and examining them on oath • A Member shall be eligible for re-appointmentfor another • discovery and production of any document term of 5 years • • receiving evidence on affidavits On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the • issuing commissions for the examination of witnesses or Government of a State or under the Government of India. documents

 SHRC  HUMAN RIGHTS COURT MEMBERS OF SHRC To provide speedy trial in cases of human rights violations, SHRC shall consists of: State Government may, with the concurrence of the Chief 37 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

BASICS OF CONSTITUTION OF INDIA

Justice of the High Court, specify for each district a Court of • Leader of Opposition in the Lok Sabha - Member Session to be a Human Rights Court to try the said offences. TENURE Central Vigilance Commissioner and every Vigilance Commissioner shall hold office for ►CENTRAL VIGILANCE COMMISSION • a term of 4 years from the date of his/her appointment. (CVC) • Or till he/she attains the age of 65 years (whichever is FORMATION earlier) • The CVC was set up by the Government in February,1964 BAR ON APPOINTMENT on the recommendations of the Committee on • Central Vigilance Commissioner shall be ineligible for Prevention of Corruption, headed by Shri K. Santhanam, appointment in the Commission when he/she ceases to to advise and guide Central Government agencies in the hold office. field of vigilance. • Vigilance Commissioner shall be eligible for appointment • An Ordinance by the President in 1998 made the CVC a as Central Vigilance Commissioner multi member Commission with "statutory status" with • On ceasing to hold office, Central Vigilance Commissioner effect from 25th August,1998. and every other Vigilance Commissioner shall be ineligible • Consequently the CVC Bill passed in 2003 to give CVC a for further employment to any office of profit under statutory status Government of India or government of any State. VIGILANCE RESIGNATION CVC is conceived to be the apex vigilance institution, free of Central Vigilance Commissioner or a Vigilance Commissioner control from any executive authority to may by writing under his hand addressed to the President, • Monitor all vigilance activity under the Central Government resign their office. and REMOVAL • Advise various authorities in Central Government • Central Vigilance Commissioner or any Vigilance organizations in planning, executing, reviewing and Commissioner shall be removed shall be removed on reforming their vigilance work. grounds of misbehavior or incapacity • Receive written complaints for disclosure on any allegation ο On order of the President of corruption or misuse of office and recommend ο appropriate action. And after an enquiry has been conducted by the Supreme Court • Exercise superintendence over functioning of Delhi Police Establishment regarding investigation of offences under The Prevention of Corruption Act, 1988. ►NATIONAL LEGAL SERVICE MEMBERS The Commission shall consists of- AUTHORITY (NALSA) • Central Vigilance Commissioner FORMATION • Not more than 2 Vigilance Commissioners • National Legal Service Authority (NALSA) derives its power through The Legal Services Authority Act, 1987. APPOINTMENT • The Act promotes an inclusive legal system in order to Central Vigilance Commissioner and other Vigilance ensure fair and meaningful justice to the marginalized and Commissioners shall be appointed by the President by disadvantaged sector by strengthening the system of Lok warrant under his hand and seal. Adalats and other Alternate Dispute Resolution The appointment shall be made after obtaining the mechanisms. recommendation of a Committee consisting of- • The Act constitutes legal services authorities at National • Prime Minister – Chairperson and respective State level to provide free and • Minister of Home Affairs – Member 38 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

BASICS OF CONSTITUTION OF INDIA

competent legal services to the weaker sections of the particularly among the Scheduled Castes and the society. Scheduled Tribes, women and rural and urban labour COMPOSITION • Co-ordinate and monitor the functioning of State Authorities, District Authorities, Supreme Court Legal National Legal Services Authority shall consist of Services Committee, High Court Legal Services • Chief Justice of India who shall be the Patron-in-Chief, Committees, Taluk Legal Services Committees, voluntary • a Serving or Retired Judge of the Supreme Court to be social service institutions and other legal services nominated by the President, in consultation with the Chief organisations. Justice of India, who shall be the Executive Chairman and SUPREME COURT LEGAL SERVICES COMMITTEE • Such number of other members, possessing such • The Central Authority shall constitute Supreme Court experience and qualifications to be nominated in Legal Services Committee for the purpose of exercising consultation with the Chief Justice of India. such powers and performing such functions as may be • The Central Government shall, in consultation with the determined by regulations made by the Central Authority. Chief Justice of India, appoint a person to be the Member- • The members of the Committee shall be nominated by the Secretary of the Central Authority to exercise such powers Chief Justice of India. The Committee shall consist of and perform such duties under the Executive Chairman of the Central Authority. a) a Sitting Judge of the Supreme Court who shall be the Chairman FUNCTION b) such number of other members possessing such NALSA shall perform the following for the weaker sections of experience and qualifications as may be prescribed by the the society Central Government • Frame effective and economical schemes for the purpose STATE LEGAL SERVICES AUTHORITY of making legal services available to them. State Legal Services Authority also called State Authority shall • Take necessary steps by way of social justice litigation with consist of- regard to consumer protection, environmental protection • or other matter of special concern. Chief Justice of the High Court who shall be the Patron- in-Chief • Train the social workers in legal skills for promotion of • justice. Serving or Retired Judge of the High Court, to be nominated by the Governor, in consultation with the Chief • Undertake and promote research in the field of legal Justice of the High Court, who shall be the Executive services with special reference to the need for such Chairman; and services among the poor. • Such number of other members to be nominated by the • Take steps to ensure commitment to the fundamental respective State Government in consultation with the Chief duties of citizens enshrined under Part IVA of the Indian Justice of the concerned High Court. Constitution. • The State Government in consultation with the Chief • Monitor and evaluate implementation of the legal aid Justice of the High Court, appoint a person belonging to programmes and schemes at periodic intervals the State Higher Judicial Service, not lower in rank than • Provide grants-in-aid for specific schemes to various that of a District Judge, as the Member-Secretary of the voluntary social service institutions and the State and State Authority, to exercise such powers and perform District Authorities. such duties under the Executive Chairman of the State • Develop, in consultation with the Bar Council of India, Authority. programmes for clinical legal education and supervise the FUNCTIONS OF STATE LEGAL SERVICES AUTHORITY establishment and working of legal services clinics in • universities, law colleges and other institutions. State Authority shall implement the policy and directions of the Central Authority. • Make special efforts to enlist the support of voluntary • social welfare institutions working at the grass-root level, Give legal service to persons belonging to the weaker section of the society

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BASICS OF CONSTITUTION OF INDIA

• Conduct Lok Adalats including Lok Adalats for High Court • District Authority shall act in coordination with other cases. governmental and non-governmental institutions, • Undertake preventive and strategic legal aid programmes universities and others engaged in the work of promoting the cause of legal services to the poor. HIGH COURT LEGAL SERVICES COMMITTEE • It shall also be guided by such directions as the Central The State Authority shall constitute High Court Legal Authority or the State Authority Services Committee for every High Court, for the purpose of exercising such powers and performing such functions as TALUK LEGAL SERVICES COMMITTEE prescribed. • The State Authority may constitute a Taluk Legal Services The members of the Committee shall be nominated by the Committee, for each taluk or mandal or for group of Chief Justice of respective High Courts. The Committee shall taluks or mandals. consists of • The Committee shall consist of • a Sitting Judge of the High Court who shall be the ο The senior-most Judicial Officer operating within the Chairman jurisdiction of the Committee who shall be the ex officio • such number of other members possessing such Chairman, and experience and qualifications as may be determined by ο such number of other members, as may be prescribed regulations made by the State Authority. by the State Government to be nominated by that • The Chief Justice of the High Court shall appoint a Government in consultation with the Chief Justice of the Secretary to the Committee High Court. DISTRICT LEGAL SERVICES AUTHORITY • The Taluk Legal Services Committee may perform all or any of the following functions, namely The State Government shall, in consultation with the Chief Justice of the High Court, constitute District Legal Services ο co-ordinate the activities of legal services in the taluk Authority for every District in the State to exercise the ο organise Lok Adalats within the taluk powers and perform the functions conferred on them. ο perform other functions as assigned by the District A District Authority shall consist of Authority • the District Judge who shall be its Chairman

• such number of other members, possessing such experience and qualifications, to be nominated by that ►LOK ADALATS Government in consultation with the Chief Justice of the • The Legal services authority Act also lays down a High Court. framework for Lok Adalats • The State Authority shall, in consultation with the • Every State Authority or District Authority or Supreme Chairman of the District Authority, appoint a person Court Legal Services Committee or every High Court Legal belonging to the State Judicial Service not lower in rank Services Committee or, Taluk Legal Services Committee than that of a Subordinate Judge or Civil Judge posted at may organise Lok Adalats. the seat of the District Judiciary as Secretary of the • District Authority to exercise such powers and perform Every Lok Adalat organised for an area shall consist of such duties under the Chairman of that Committee. such number of serving or retired judicial officers and other members as may be prescribed by any of the FUNCTIONS OF DISTRICT AUTHORITY respective Authorities. • It shall be the duty of every District Authority to perform • A Lok Adalat shall have jurisdiction to determine and to such of the functions of the State Authority in the District arrive at a compromise or settlement between the parties as may be delegated to it from time to to a dispute in respect of ο Co-ordinate the activities of the Taluk Legal Services • any case pending before or Committee and other legal services in the District and • any matter which is falling within the jurisdiction of, and is ο To organise Lok Adalats within the District. not brought before, any Court for which the Lok Adalat is organised 40 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

BASICS OF CONSTITUTION OF INDIA

• Lok Adalat shall haveno jurisdiction in respect of any standards as well as in undertaking process improvement case or matter relating to an offence not compoundable projects. under any law. ADMINISTRATIVE CONTROL Non-compoundable cases are serious criminal cases The Department of Industrial Policy & Promotion, Ministry of which cannot be quashed and compromise is not allowed Commerce & Industry, is the nodal ministry for QCI. between the parties. It is always registered in the name of state. Eg. State of Karnataka vs XYZD. Under a Non- NATIONAL BOARD FOR QUALITY PROMOTION Compoundable offense, full trail is held which ends with the • The National Board for Quality Promotion, a constituent acquittal or conviction of the offender, based on the evidence board of Quality Council of India works on the Vision of presented in a Court of Law. promoting quality of life for the Citizens of India. FUNCTIONS OF LOK ADALAT • The board is supported through nominal Plan Funds from the DIPP (Department of industrial Planning & Projects) to Lok Adalat while hearing a case can carry out the National Quality Campaign. • summon and enforce the attendance of any witness; AIM • examine him/her on oath, • It aims to promote application of quality management • make discovery of documents, standards and statistical quality tools with an objective of • receive evidence, enabling industry, to improve their competitiveness, with • ask for requisitioning of any public record or document or specific focus on SME sectors. copy of such record or document from any court or office • To develop, establish & operate National Accreditation Lok Adalat can specify its own procedure for the programmes in accordance with the relevant international determination of any dispute. All the proceedings before a standards & guides for various service sectors such as Lok Adalat shall be deemed to be judicial proceedings. education, healthcare, environment protection, AWARDS OF LOK ADALAT governance, social sectors, infrastructure sector, vocational training etc. • Every award of the Lok Adalat shall be deemed to be a • decree of a civil court or an order of any other court and It also empowers the consumers to demand quality and where a compromise or settlement has been arrived at. thereby creates a back-pressure on suppliers to ensure quality of their products and services. • Every award made by a Lok Adalatshall be final and binding on all the parties to the dispute, and no appeal shall lie to any courtagainst the award. ►COMPETITION COMMISSION OF

INDIA (CCI) ►QUALITY COUNCIL OF INDIA FORMATION FORMATION • The Competition Act, 2002 establishes the Competition Quality Council of India (QCI) was set up in 1997 jointly by the Commission of India. Government of India and the Indian Industry represented by • Competition Act, 2002 was enacted by replacing the three premier industry associations Monopolies and Restrictive Trade Practices Act, (MRTP), • Associated Chambers of Commerce and Industry of India 1969 on the recommendations of Mr S. V. S. Raghavan (ASSOCHAM), Committee. • Confederation of Indian Industry (CII) and MANDATE • Federation of Indian Chambers of Commerce and Industry • To check Anti-Competitive agreements (FICCI) • Prohibit Abuse of dominance by strong companies over to establish and operate national accreditation structure and weak organisations, and promote quality through National Quality Campaign. • To regulate Mergers and Acquisitions or Takeovers taking It provides technical support to both Central and State place in the market. government departments in implementing ISO 9001 ROLE • To prevent practices having adverse effect on competition 41 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

BASICS OF CONSTITUTION OF INDIA

• To promote and sustain competition in markets MANDATE • To protect the interests of consumers and • Frame of Regulations to lay down and enforce various • To ensure freedom of trade carried on by other Standards and guidelines in relation to articles of food. participants in Indian market. • Lay down mechanisms and guidelines for accreditation of MEMBERS certification bodies engaged in certification of food safety management system for food businesses including The Competition Commission shall consist of a accreditation ofcertifying laboratories. • Chairperson and • Provide scientific advice and technical support to Central • Not less than 2 and not more than 6 members Government and State Governments in the matters of The Chairperson and other Members of the Commission shall framing the policy and rules in areas relating to food be appointed by the Central Government from a panel of safety and nutrition and also check for adulteration. names recommended by a Selection Committee consisting • Collect and collate data regarding food consumption, of – incidence and prevalence of biological risk, contaminants • the Chief Justice of India or his nominee – Chairperson in food, residues of various, contaminants in foods • the Secretary in the Ministry of Corporate Affairs – products, identification of emerging risks and introduction Member of rapid alert system. • • the Secretary in the Ministry of Law and Justice – Member Creating an information network across the country so that the public, consumers, Panchayats etc receive rapid, • two experts of repute who have special knowledge of, and reliable and objective information about food safety and professional experience in international trade, economics, issues of concern. business, commerce, law, finance, accountancy, • management, industry, public affairs or competition Provide training programmes for persons who are matters including competition law and policy - Members involved or intend to get involved in food businesses. • TENURE Contribute to the development of international technical standards for food, sanitary and phyto-sanitary standards. The Chairperson and Members shall hold office as such for • Promote general awareness about food safety and food • a term of five years standards. • till he/she attain the age of 65 years MEMBERS Chairperson and Members shall be eligible for re- FSSAI shall consist of a Chairperson and 22 members out of appointment. which one-third shall be women. REMOVAL APPOINTMENT The Chairperson or any other Member may, by notice in The Chairperson shall be appointed by the Central writing under his hand addressed to the Central Government from amongst the persons of eminence in the Government, resign his office. field of food science or from administration. COMPETITION APPELLATE TRIBUNAL TERM OF OFFICE Competition Appellate Tribunal has been established to hear • The Chairperson and the members other than ex officio and dispose of appeals against any direction issued or Members shall hold office for a term of three years from decision made or order passed by the Competition date of appointment and shall be eligible for re- Commission of India. appointment for a further period of three years.

• However, Chairperson shall not hold office as such after ►FOOD SAFETY AND STANDARD he has attained the age of sixty-five years. AUTHORITY (FSSAI) FORMATION FSSAI has been established under Food Safety and Standards Act , 2006. It operates under Ministry of Health & Family Welfare.

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SECTION 2

CURRENT

AFFAIRS &

RELATED

CONCEPTS

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UNION AND THE STATES

►DEMAND FOR GORKHALAND UNION & THE IN NEWS Gorkha Janmukti Morcha (GJM) meets Union government on STATES the issue of statehood of the Gorkhalandd. EXPLAINED ►STATEHOOD OF DELHI • Gorkhaland movement is a long-sstanding quest for a separate State of Gorkhaland witthin India for Nepali IN NEWS speaking Indian citizens (often known as ‘Gorkhas’)). The ruling Aam Aadmi Party (AAP) has decided to give • The demand for a separate administrative unit in another push to its demand for full statehoood to Delhi. Darjeeling has existed since 1909 and the HHillmen's EXPLAINED Association of Darjeeling submitted a memorandum to • Till 1992, except for a brief interlude, Delhi was a union Minto-Morley Reforms demanding a separate territory under the complete control of the Government administrative setup. of India. • Gorkhas (or Gurkhas) are Nepali-oriigin people who take • Delhi was allowed its ‘statehood’ early in the 1990s, with their name from the 8th-century Hindu warrior-saint a Chief Minister and a popularly elected unicameral Guru Gorakhnath and from the Nepal hill town of legislature though the ‘State’ remained truncated in its Gorkha. powers. • Gorkhaland has a strategic locationn, it’s vicinity to the • But It remained in substance a union territory and in form chicken neck (Between Bangladessh and India) that a State, with the Lt. Governor retained as its chief connects rest of India with North East. Its stability is must executive. for India’s strategic and economic interests of the nation. • Resolving the dispute over the demarcation of powers • Vidarbha, Bodoland and Tululand are other also between the Union Government and tthe Government of demanding statehood. Delhi, the Supreme Court laid down a few key principles: ο Delhi government has power in all areas except land, police and public order and the LG is bound by the aid and advice of the government in areas other than those exempted. ο The only exception to this rule, it said, was a proviso to Article 239-AA, which allowed the LG to refer to the President any issue on which there was a difference of opinion with the council of ministerss. In such a case, the LG would be bound by the President’’s decision. ο Delhi’s Lieutenant Governor cannot act independently and must take the aid and advice of the Council of Ministers because national capital enjoys special status and is not a full state. Hence, the role of the L-G is different than that of a Governor. ►ASSAM ACCORD ο It observed that neither the state nor the L-G should IN NEWS feel lionized, but realise they are serving Constituutional Several political groups, civil societies grroups and residents of obligations and there is no space for absolutism or Assam have been protesting against the Citizenship anarchy in our Constitution. (Amendment) Bill, 2016, which seeks to make foreign illegal immigrants from certain specific communities eligible for

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UNION AND THE STATES

Indian citizenship. As per the protestors, the proposed Bill is ii. Enters with valid documents, but stays beyond the in complete violation of Assam Accord of 1985 as it intends to permitted time period. give legal sanction to some of the illegal immigrants from • Illegal migrants may be imprisoned or deported under the Bangladesh. Foreigners Act, 1946 and the Passport (Entry into India) EXPLAINED Act, 1920. • Assam Accord was signed between the Government of These Acts empower the Union government to regulate the India, State Government of Assam and the leaders of entry, exit and residence of foreigners in India. Assam movement i.e. All Assam Students’ Union (AASU) SECTION 6A and the All Assam Gana Sangram Parishad (AAGSP) on 15th August, 1985. The leaders of Assam movement were • Section 6A was added through an amendment in the against granting of Indian citizenship to illegal migrants Citizenship Act and it pertains to special provision as to from Bangladesh. citizenship of persons covered by the Assam Accord. • As per the Accord, 1st January, 1966 shall be the base • It mentions that all those who came to Assam on or after date and year for purposes of detection and deletion of 1st January 1966 but before 25th March, 1971 from foreigners. Bangladesh and since then have been ordinarily resident • Foreigners, who came to Assam after 1st January, 1966 in Assam, must register themselves with the government and upto 24th March, 1971 shall be detected in of Assam. accordance with the provisions of the Foreigners Act, 1946 PROVISIONS OF CITIZENSHIP AMENDMENT BILL 2016 and the Foreigners (Tribunals) Order 1964 & names of foreigners so detected will be deleted from the electoral • The Bill amends the Citizenship Act, 1955 to make illegal rolls in force. migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis • Such persons will be required to register themselves and Christians from Afghanistan, Bangladesh and before the Registration Officers of the respective districts Pakistan, eligible for citizenship. in accordance with the provisions of the Registration of • Under the Act, one of the requirements for citizenship by Foreigners Act, 1939 and the Registration of Foreigners naturalisation is that the applicant must have resided in Rules, 1939. India during the last 12 months, and for 11 of the previous • On the expiry of the period of ten year following 1st 14 years. January, 1966, the names of all such persons which have • The Bill relaxes this 11 year requirement to 6 years for been deleted from the electoral rolls shall be restored. persons belonging to the above mentioned six religions • Foreigners who came to Assam on or after March 25, and three countries. 1971 shall continue to be detected, deleted and expelled in • Under the Citizenship Act of 1955, foreigners who come to accordance with law. India without valid travel documents, or stay in the country ILLEGAL MIGRANTS ACCORDING TO INDIAN CITIZENSHIP beyond their visa period, are considered illegal migrants. ACT, 1955 • The Bill however, allows certain illegal migrants to stay in • The Indian Citizenship Act, 1955 provides for acquisition India without being imprisoned or deported. and determination of Indian Citizenship. REASON FOR UPDATING THE NATIONAL REGISTER OF • As per the 1955 Act, a person may become an Indian citizen if they are born in India or have Indian parentage or CITIZENS (NRC) have resided in the country over a period of time. Provisions of Assam Accord were not implemented for a • However, illegal migrants are prohibited from acquiring long time. In 2009 Assam Public Works (APW), an NGO filed a Indian citizenship under the 1955 Act. petition in the Supreme Court demanding identification of • As per the Citizenship Act, an illegal migrant is a foreigner Bangladeshi foreigners in the State and deletion of their who names from the voters list. Finally the Supreme Court ordered in 2013 to complete the exercise by December 31, i. Enters the country without valid travel documents, like a passport and visa, or 2017 leading to the present updation of NRC.

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UNION AND THE STATES

►SPECIAL CATEGORY STATUS (SCS) BENEFITS OF SCS STATUS • FOR THE STATES A major portion of the Normal Central Assistance (56.25%) is distributed to 11 Special Category States and IN NEWS the remaining (43.75%) among 18 General Category States. After the separation of Telanghana from Andhra Pradesh, • Only Special Category States receive Special Plan Andhra Pradesh demanding for special category status (SCS) Assistance and Special Central Assistance grants. for the state. • The assistance for Externally Aided Projects (EAPs) flows EXPLAINED to Special category States as 90 per cent grant whereas • Recognizing that some regions in the country were for General Category States, it flows as loans. historically disadvantaged in contrast to others, Central • The states’ share in Centrally Sponsored Schemes is plan assistance to SCS States has been granted in the usually lower for Special Category States as compared to past by the erstwhile Planning Commission body. General Category States. • The Constitution does not have any provision for • Special-category states get a significant excise duty categorisation of any State as an SCS. concession & other such tax breaks that attract industries • SCS first introduced in 1969 by the 5th Finance to relocate/locate manufacturing units within their Commission based on the Gadgil formula. territory • The demand is claimed on the basis of Andhra Pradesh Reorganisation Act. While Centre agreed to provide the ►INTERSTATE COUNCIL (ISC) monetary equivalent of SCS but has refused granting the status. IN NEWS

• 14th Finance Commission doesn’t provide for such The Interstate council has been reconstituted recently in treatment to Andhra Pradesh. accordance to Art 263 of the constitution.

• Some of the features required for special status are: EXPLAINED

ο hilly and difficult terrain; Article 263 empowers the President to constitute Interstate council for inquiring, discussing and advising upon: ο low population density or sizeable share of tribal population; (a) Disputes which may have arisen between States;

ο strategic location along borders with neighbouring (b) Subjects in which some or all of the States, or the Union countries; and one or more of the States, have a common interest; or

ο economic and infrastructural backwardness; and (c) Such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to ο non-viable nature of state finances. that subject • The decision to grant special category status lies with COMPOSITION OF ISC the National Development Council, composed of the • Prime Minster, Union Ministers, Chief Ministers and Prime Minister as the Chairman members of the Planning Commission, who guide and • Chief Ministers of all the States review the work of the Planning Commission. • Chief Ministers of Union Territories having Legislative • At present there are 11 special status states: Assemblies

ο 7 Sister States of North East (Arunanchal Pradesh, • Administrators of the Union Territories not having Assam, Meghalaya, Manipur, Mizoram, Nagaland and Legislative Assemblies Tripura) • Governors of the States under the President’s rule ο 3 Northern Hilly State (J&K, HP and UK) and • Six Central Cabinet Ministers, including Home Minister, to ο Sikkim be nominated by the PM

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UNION AND THE STATES

FEATURES OF INTERSTATE COUNCIL • Two full-time Members - representing Central Water • It is a recommendatory body on issues relating to inter- Engineering Services (CWES) and Ministry of Agriculture state, Centre-State, and Centre and Union Territory and Farmers’ Welfare relations • Six Part-Time Members – of which two represent Central • It is not a permanent constitutional body but it can be Government and four from party States. established ‘at any time’ when the President wants. • It will regulate release of water by Karnataka, at the inter-state contact point at Billigundulu gauge. STANDING COMMITTEE OF ISC • It will advise suitable measures to improve water use • The Standing Committee of the Council was set up in 1996 efficiency. for continuous consultation and processing of matters for the consideration of the council.  Cauvery Water Regulation Committee (CWRC) • The Committee consists of following members: • Cauvery Water Regulation Committee consists of a Chairman and one representative each of the party ο Union Home minister states, Indian Meteorological Department (IMD), Central ο Five Union Cabinet Ministers Water Commission (CWC) and Ministry of Agriculture & ο Nine Chief Ministers Farmer’s Welfare, along with a Member Secretary. The Committee is assisted by Inter-State Council • It is headquartered at Bengaluru. Secretariat, set up in 1991 and headed by a Secretary to Government of India. ►SINGLE TRIBUNAL FOR INTERSTATE • Standing Committee has met twelve times. Some of the important Committees related to Centre-State Relations WATER DISPUTE are: IN NEWS ο Administrative Reforms Commission (1966) Central Government has decided to amend Inter-State Water ο Rajamannar Committee (1969) Disputes Act, 1956 (ISWDA) to constitute a permanent tribunal to decide on all inter-state water disputes that arise. ο Anandpur Sahib Resolution (1973) EXPLAINED ο West Bengal Memorandum (1977) • An agency, to collect and maintain all relevant water ο Sarkaria Commission (1983) data, like rainfall, water flow and irrigation area, in each of ο Punchhi Commission (2007). the river basins of the country, is also proposed to be created.

• Centre currently sets up ad hoc tribunals under Inter- ►CAUVERY WATER MANAGEMENT State Water Disputes Act, 1956 (ISWDA) to adjudicate SCHEME disputes as they arise. • IN NEWS Eight tribunals have been constituted so far. CONSTITUTION OF THE TRIBUNAL The Ministry of Water Resources notified the constitution of the Cauvery Water Management Authority (CWMA) and • The Tribunal shall have the same powers as are vested in the Cauvery Water Regulation Committee (CWRC) under a civil court, Cauvery Water Management Scheme, 2018 • Power to make schemes for implementing decisions of EXPLAINED tribunal, •  Cauvery Water Management Authority (CWMA) Dissolution of Tribunal and power to make rules. • • Chairperson of the CWMA is appointed by the Central Adjudication of water disputes, Government who is a senior and eminent engineer or • Maintenance of data bank and information, an All India Service Officer having tenure of five years or Bar of jurisdiction of Supreme Court and other Courts till 65 years of age.

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UNION AND THE STATES

Note: Article 262(1) of the Constitution lays down that EXPLAINED “Parliament may by law provide for the adjudication of any • The Mahadayi water-sharing dispute is between the dispute or complaint with respect to the use, distribution or states Goa, Maharashtra and Karnataka as they are control of the waters of, or in, any inter-State river, or river vying for water from the Mahadayi River. valley”. Parliament has enacted the Interstate River Water • Disputes Act, 1956. Mahadayi, the west-flowing inter-state river in the Western Ghats, originates at Degaon village, Karnataka.

• Karnataka seeks to divert water from tributaries of the ►MAHANADI WATER DISPUTE river through the Kalasa-Bhanduri Nala project towards the parched Malaprabha river basin and this is opposed IN NEWS by Goa. Odisha government has rejected the Centre’s negotiation committee on Mahanadi river water dispute with Chhattisgarh. ►KRISHNA WATER DISPUTES EXPLAINED TRIBUNAL-II • Odisha has demanded constitution of a Tribunal for adjudication. IN NEWS • 858 km long Mahanadi River is almost equally divided Krishna Water Disputes Tribunal II headed by Justice Brijesh between Chhattisgarh (53.9 per cent) and Odisha (45.73 Kumar has turned down the demands of AP and per cent). Telangana regarding their demand for redistribution of the Krishna river water. • Dispute is majorly about six water storage structures/ barrages, being constructed by Chhattisgarh government, EXPLAINED on Mahanadi River. • The KWDT I (Bachawat commission) in its final award in 1973, divided the share of water between the three states as Andhra Pradesh (AP), Karnataka and Maharashtra. ►KEN BETWA RIVER PROJECT • With the formation of Telangana (after splitting AP), IN NEWS Andhra Pradesh and Telangana in their current petition Ken-Betwa river project is passing through the Panna tiger have sought fresh allocation of Krishna River water among reserve and that is the reason why people are protesting. all four riparian states. EXPLAINED • Allocations made on the basis of water utilisation outside the Krishna basin were valid on historic grounds. • It aims to irrigate the drought-ravaged Bundelkhand region. • Andhra Pradesh (AP) and Telangana have to share water • It involves building a 288-metre Daudhan dam, and that was allocated to the undivided AP. transfer of surplus water from the Ken river basin to the Betwa basin. ►ISLAND DEVELOPMENT AGENCY • This will submerge nearly 400 of the 4,300 hectares of the Panna tiger reserve. COMPOSITION • • Experts suggest that the result could be drastic for the It is headed by Union Minister of Home Affairs, D K Joshi, tiger population, as they have to adjust to the changes former Navy chief and Vice Chairman is the Island Development Agency. Other members include, Cabinet

Secretary, Home Secretary, Secretary (MOEFCC), Secretary ►MAHADAYI WATER DISPUTE (Tourism) and Secretary (Tribal Welfare) IN NEWS • It was set up in June 1, 2017 Kalasa-Banduri Nala project undertaken by the Government • It functions under Ministry of Home Affairs of Karnataka is causing the water dispute between the states from which the Mahadayi River flows. 48 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

UNION AND THE STATES

HOLISTIC DEVELOPMENT OF ISLAND PROGRAM (HDIP) Arunachal Pradesh, Nagaland, Mizoram and Manipur. Niti Aayog is the nodal agency to steer HDIP, along with respective UT administration/State Governments. Under the first phase of the program 10 islands have been taken up for holistic development. ANDAMAN ISLANDS • Smith Island • Ross Island • Long Island • Aves Island • Little Andaman Island LAKSHWADEEP ISLANDS • Minicoy Island • Bangaram Island • Thinnakara Island • Cheriyam Island • Suheli Island

►NORTH EAST AUTONOMOUS COUNCIL

EXPLAINED • The Union Cabinet approved a constitutional amendment to increase the powers of the autonomous councils in the Sixth Schedule areas of the Northeast. • Further, after the amendments in Article 280, the Finance Commission will be mandated to recommend devolution of financial resources to them. • Most important part of these amendments is that these will significantly improve the financial resources and powers of the autonomous districts councils in the sixth- schedule states.

► INNER LINE PERMIT (ILP)

• The system requires outsiders to obtain a permit from the government to enter the designated territory. • It can be issued for travel purposes solely • The main objective of the ILP system is to provide a special protection of the distinct identity and safeguard for the peaceful existence of the indigenous people of the state. • ILP in use 49 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

CITIZENSHIP

in Assam, must register themselves with the government CITIZENSHIP of Assam. ACQUISITION OF CITIZENSHIP IN INDIA ►ASSAM ACCORD • The Citizenship Act, 1955 provides for the following ways to acquire Indian Citizenship: IN NEWS ο Citizenship by birth • The Citizenship (Amendment) Bill, 2016, which seeks to make foreign immigrants from certain specific ο Citizenship by descent communities eligible for Indian citizenship. The proposed ο Citizenship by registration Bill is in violation of Assam Accord of 1985 as it intends to ο Citizenship by naturalisation give legal sanction to some of the illegal immigrants ο from Bangladesh. Special provision as to citizenship of persons covered by the Assam Accord • Assam Accord was signed between the Government of • India, State Government of Assam and the leaders of Citizenship by incorporation of territory Assam movement i.e. All Assam Students’ Union (AASU) and the All Assam Gana Sangram Parishad (AAGSP) on 15th August, 1985. The leaders of Assam movement were ►NATIONAL REGISTER OF CITIZENS against granting of Indian citizenship to illegal migrants (NRC) from Bangladesh. IN NEWS EXPLAINED Assam has published the final draft of the updated National • The Citizenship Bill amends the Citizenship Act, 1955 to Register of Citizens (NRC). make illegal migrants who are Hindus, Sikhs, EXPLAINED Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, eligible for Assam’s demographic changes date back to the 19th century citizenship. when British brought in tribal labourers from Chota Nagpur and Bihar to work on the plantations. • Under the Act, one of the requirements for citizenship by naturalization is that the applicant must have resided To tackle the illegal immigration issue just after the in India during the last 12 months, and for 11 of the independence, NRC was first prepared after the Census of previous 14 years. 1951. • The Bill relaxes this 11 year requirement to 6 years for But this process rendered ineffective due to lack of political persons belonging to the above mentioned six religions will. and three countries. • In 2014, the Supreme Court asked the state government to • Under the Citizenship Act of 1955, foreigners who come to update the 1951 NRC in a time-bound manner. India without valid travel documents, or stay in the country • Present exercise is being conducted under the supervision beyond their visa period, are considered illegal migrants. of the Supreme Court • The Bill however, allows certain illegal migrants to stay in • It is a list of all Indian citizens of Assam, the only state India without being imprisoned or deported. with such a document. SECTION 6A OF INDIAN CITIZENSHIP ACT, 1955 • The NRC is being updated as per the provisions of The • Section 6A was added through an amendment in the Citizenship Act, 1955 and The Citizenship (Registration Citizenship Act and it pertains to special provision as to of Citizens and Issue of National Identity Cards) Rules, citizenship of persons covered by the Assam Accord. 2003 • • It mentions that all those who came to Assam on or after It will include persons whose names appear in any of the 1st January 1966 but before 25th March, 1971 from electoral rolls upto the midnight of 24th March, 1971 or Bangladesh and since then have been ordinarily resident National Register of Citizens, 1951 and their descendants.

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CITIZENSHIP

• The process of verification involved • It also held that the LG could, in the event of disagreement ο house-to-house field verification, with the council of ministers, refer a decision to the President, but would be bound by the President’s decision ο determination of authenticity of documents, on the matter. ο family tree investigations and ROLE EXPLAINED ο separate hearings for married women. JURISDICTION AS DECIDED ISSUE IN QUESTION BY SUPREME COURT ►CITIZENSHIP TO CHAKMA AND HAJONG REFUGEES Central Government has 1. Jurisdiction of Anti- jurisdiction over ACB IN NEWS Corruption Branch (ACB) including power to transfer its officers Locals in Arunachal Pradesh and Mizoram are protesting against the contentious Citizenship (Amendment) Bill, 2. Defining Appropriate Central Government is the 2016 because it would serve as a legal basis for legitimizing Government under The appropriate government the claims of Chakma and Hajong refugees as the indigenous Commissions of Enquiry under The Commissions of people of State. Act, 1952 Enquiry Act, 1952.

EXPLAINED Delhi Government enjoys • jurisdiction over electricity Chakmas and Hajongs were originally residents of 3. Electricity Reforms Chittagong Hill Tracts in the erstwhile East Pakistan. They reforms and other matters related to electricity left their homeland when it was submerged by the Kaptai dam project in the 1960s. Delhi Government has • The Chakmas, who are Buddhists, and the Hajongs, who power to revise the are Hindus, also allegedly faced religious persecution and minimum rate of 4. Revision of minimum agricultural land & in case of entered India through the then Lushai Hills district of rate of agricultural land differences over the rate of Assam (now Mizoram) agricultural land, LG can At present, they don’t have citizenship and land rights but are refer the matter to the provided basic amenities by the state government. President.

Delhi Government had the 5. Power to appoint power to appoint Special ►LT. GOVERNOR OF DELHI AND ITS Special Public Prosecutor Public Prosecutor ROLE Split Verdict between two IN NEWS Judges and has ordered for • In July, 2018, a five Judge Constitution Bench of Supreme 6. Services under Delhi a Larger Bench to decide the matter on Services Court has clarified that an elected government of Delhi under Delhi cannot be undermined by an unelected Administrator. • This has effectively restored the primary role played by the “representative government” in the National Capital ►LEH AND KARGIL SEEK AUTONOMY Territory of Delhi which was earlier restricted by the Delhi High Court judgment. FROM KASHMIR • Supreme Court held that apart from subjects that are not IN NEWS in the Delhi government’s jurisdiction (police, land and The Ladakh Autonomous Hill Development Council (LAHDC) public order), the Lieutenant-Governor’s (LG) consent is Leh, unanimously passed a resolution for autonomy on not required for every decision. December 1, while its counterpart in Kargil passed a similar resolution, signed by all its 29 councilors.

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CITIZENSHIP

EXPLAINED • Whole of Arunachal Pradesh  LAHDC Leh • Parts of Himachal Pradesh • LAHDC, Leh was constituted in accordance with the • Parts of Jammu & Kashmir Ladakh Autonomous Hill Development Council Act, • Whole of Manipur 1995. • Whole of Mizoram • The council came into being with the holding of elections • Whole of Nagaland on August 28, 1995. The democratic constitution of the Council has heralded democratic decentralization of • Parts of Rajasthan planning process with the involvement of people at the • Whole of Sikkim (partly in Protected Area and partly in grass root level. Restricted Area) • Owing to the difficult geographical problems, there was a • Parts of Uttarakhand need for greater public participation in the planning and Note – Home Ministry has removed Manipur, Nagaland and development process. Mizoram from PAP regime till 2022  LAHDC Kargil RESTRICTIONS UNDER PAP/RAP REGIME – • The Hill Council in Kargil came in to existence in July 2003. • A foreigner is not normally allowed to visit a Protected / In the 30 Councillors team, 26 Councillors were elected Restricted Area unless it is established to the satisfaction from the respective constituencies, 4 Councillors were of the Government that there are extraordinary reasons to nominated from the Principal Minority and Women folk. justify such a visit. • • As per Hill Council norms, the Chief Executive Councillor Every foreigner, except a citizen of Bhutan, who desires to possess the rank and powers of a Cabinet Minister while enter and stay in a Protected or Restricted Area, is required to obtain a special permit from a competent as the Executive Councillors possess the rank and status of authority Deputy Minister. • If a foreign national intends to visit a place in the • The Deputy Commissioner is also designated as Chief Protected/ Restricted Area for activities other than tourism Executive Officer, LAHDC Kargil and control of the overall on a Visa other than Tourist Visa, prior permission of the district administration, execution of works and maintaining Ministry of Home Affairs shall be taken before grant of Law and Order. Protected Area Permit (PAP)/ Restricted Area Permit (RAP) • Kargil is a hilly district covering an area of 14,086 Sq. to the foreigner. Kms. For administrative convenience Zanskar and Drass • Besides, if a foreign national intends to visit a place in the have been termed as a Sub Division. Protected/ Restricted Area which is not opened for tourism on a Tourist Visa, prior reference shall be made to the

Ministry of Home Affairs. ►PROTECTED AND RESTRICTED • However, if a foreign national is holding a visa other than AREAS Tourist Visa and intends to visit the Protected/ Restricted Area for tourism purpose only, he/ she may be granted RESTRICTED AREA PERMIT (RAP) Special Permit for places opened for tourism. Under the Foreigners (Restricted Areas) Order, 1963, the • Citizens of Afghanistan, China and Pakistan and foreign following areas have been declared as `Restricted’ Areas :- nationals of Pakistani origin, shall not be issued a special permit without the prior approval of the Ministry of Home • Andaman & Nicobar Islands - Entire Union Territory Affairs. • Sikkim - Part of the State

PROTECTED AREA PERMIT (PAP)

Under the Foreigners (Protected Areas) Order, 1958, all areas falling between the ‘Inner line’ and the International Border of the State have been declared as Protected Area. Protected Areas are located in the following States:-

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FUNDAMENTAL RIGHTS

ο Sovereignty and integrity of India, FUNDAMENTAL ο the security of the State, ο friendly relations with foreign States, ο public order, decency or morality or in relation to RIGHTS contempt of court, ο ►CENTRAL CIVIL SERVICES (CSC) defamation or incitement to an offence.

(CONDUCT) RULES, 1964 IN NEWS ►SEDITION Several provisions of Central Civil Services (Conduct) Rules, IN NEWS 1964 (CCS (conduct) rules, 1964) are often used against public Law commission of India has released a consultation paper servants which restricts their fundamental rights. on Sedition (Section 124A of the Indian Penal Code 1860) EXPLAINED EXPLAINED • CCS (conduct) rules prescribes a set of Do’s and Don’ts for • As per Section 124A of IPC, Sedition is an act that brings the civil servants. These rules require them to maintain or attempts to bring into hatred or contempt, or to absolute integrity, political neutrality but certain excite disaffection towards the Government established by prohibitions may come in conflict with their law in India. fundamental rights • This Section might be misused by government of the day • Rule 9 prohibits any public servant to publish in his own to suppress political dissent, constructive criticism of name or anonymously or pseudonymously any statement government. of fact or opinion which has the effect of an adverse • Section 124A IPC added through Special Act XVII of criticism of any policy or action of the Government. 1870, defined Sedition and 1898 amendment made it a • The CCS Conduct Rules demands no criticism, uniform and punishable offense. unquestioning obedience from the public servants which

acts as an assault upon the fundamental right to freedom of speech under Article 19 (1)(a). ►RIGHT TO PRIVACY

CIVIL SERVANT AND FUNDAMENTAL RIGHT IN NEWS • Subject to the power of Parliament, under Article 33, to Supreme Court ruled that right to privacy is an intrinsic part modify the fundamental rights in their application to of life and liberty under Article 21. members of the Armed Forces and the Police Forces, the EXPLAINED fundamental rights guaranteed by the constitution are in • favour of all ‘citizens’, which obviously include public In the case of Justice K. S. Puttaswamy (retd.) vs Union servants. of India, a nine-judge Constitution Bench (headed by Chief justice JS Khehar) of the Supreme Court gave the decision • While a public servant possesses the fundamental rights as that the Right to Privacy is a fundamental right for Indian a citizen, the State also possesses, under the Provisions to citizens. Article 309, the power to regulate their ‘conditions of • service’. Specifically, the court adopted the three-pronged test required for encroachment of any Article 21 right LIMITATIONS OF SPEECH AND EXPRESSION ο legality-i.e. through an existing law; • Article 19(1)(a): Guarantees the fundamental right to ο freedom of speech and expression to all citizens of India necessity, in terms of a legitimate state objective and subject to reasonable restrictions which are enumerated in ο proportionality, that ensures a rational nexus Article 19(2). between the object of the invasion and the means • Article 19(2) includes following restrictions in the interests adopted to achieve that object. of: 53 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

FUNDAMENTAL RIGHTS

• At the same time, there are 9 principles of privacy that IMPACT data collectors should follow. These are Notice, Choice & • Article 370 is a 'temporary provision' which grants special consent, Collection limitation, Purpose limitation, Access & autonomous status to Jammu and Kashmir. correction, Disclosure of information, Security, Openness, • Except for defence, foreign affairs, finance and Accountability communications, the Parliament needs the state DEVELOPMENT OF RIGHT TO PRIVACY government's concurrence for applying all other laws. • Constituent Assembly after discussing this issue decided • Emergency Provisions- Union government cannot declare not to put right to privacy in constitution. emergency on grounds of internal disturbance or • Earlier M.P. Sharma (8-judge Bench) and Kharak Singh (6- imminent danger unless it is made at the request or with judge Bench) cases delivered in 1954 and 1961, the concurrence of the state government. respectively, held that privacy is not protected under the • Centre can declare emergency in the state only in case of Constitution. war or external aggression. • In Maneka Gandhi vs Union of India (1978), it was held • Centre has no power to declare financial emergency that any law interfering with personal liberty and right of under Article 360 in the state. privacy must be just & not arbitrary.

• The IT (information technology) Act of 2003 was silent on privacy laws. ►PREVENTIVE DETENTION IN NEWS • ►ARTICLE 35A Supreme Court held that Preventive detention of a person by a State merely because the normal legal process is IN NEWS ineffective and time-consuming is illegal. Supreme court is hearing a case over the constitutionality of • Preventive detention, is detaining without trial to Article 35A. prevent possible commitment of crime on suspicion that EXPLAINED some wrong actions may be done by the person • It was incorporated into the Constitution in 1954 by a concerned. Presidential order issued under Article 370 (1) (d) of the • Preventive detention is exercised under following Constitution. (Not a constitutional amendment) grounds: • It empowers J&K legislature to define state's "permanent ο security of state residents" ο foreign affairs • It protects certain provisions of the J&K Constitution ο maintenance of public order which denies property rights to native women who ο maintenance of supplies and essential services and marry men from outside the State. ο defence of the country • Even the children of such native women are debarred from acquiring property in the state. • A detainee under preventive detention can have no right of personal liberty guaranteed by Article 19 or Article • The Article bars non-J&K state subjects to settle and buy 21. property in J&K • India is only country which has given preventive detention • According to Art. 35A, permanent residents of J&K are provision in its constitution. given special rights under following categories: • The Article 22 (3) also provides that the protection against ο Employment under the state government; arrest and detention under Article 22 (1) and 22 (2) shall ο Acquisition of immovable property in the state; not be available, if a person is arrested or detained under ο Settlement in the state; or a law providing for preventive detention. ο Right to scholarships and such other forms of aid as the state government may provide.

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FUNDAMENTAL RIGHTS

►THE NATIONAL FOOD SECURITY • Food Security Allowance: In case of non-supply of the entitled quantitities of foodgrains or meals to entitled ACT, 2013 persons, such persons are entitled to receive such food OBJECTIVE security allowance from the concerned State Government to be paid to each person Provides for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity. ENTITLEMENTS UNDER THE ACT

1. Under Targeted Public Covers 75% of rural population and 50% of urban 5 kg of foodgrains per month per Distribution System (TPDS) population person at subsidised prices

2. Households under Households to be identified by the State 35 kg of foodgrains per household Antyodaya Anna Yojana Governments per month at subsidized prices.

3. Nutritional Support to • Free of charge meal during pregnancy and 6 Pregnant and Lactating months after child birth through the local Mothers anganwadi • Maternity benefit of not less than 6000, in instalments as prescribed by Central Government

4. Nutritional Support to • For children below 6 months age, exclusive Children (up to 14 years of breast feeding will be promoted. age) • Children from 6 months to 6 years: Free of charge age appropriate meal through the local anganwadi • Children from 6 to 14 years (up to Class 8): One free of charge mid-day meal everyday except on school holidays, in all schools run by local bodies, Government and Government aided schools • Every school providing mid-day meal and anganwadi should have facility for cooking meals, drinking water and sanitation. However, in urban areas facilities of centralised kitchens for cooking meals may be used

• Reforms in the TPDS: The reforms in the TPDS system ο Transparency of records envisaged in the act are: ο Preference to public institutions or public bodies ο Doorstep delivery of foodgrains to the TPDS outlets such as PRIs, SHGs, Co-operatives in licensing of fair ο Application of ICT including end to end price shops and management of fair price shops by computerisation for ensuring transparency at all levels women or their collectives and prevent diversion ο Diversification of commodities under the PDS over a ο Leveraging 'Aadhar' for unique identification period of time

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FUNDAMENTAL RIGHTS

ο Support to local public distribution models and food grain movement from surplus to consuming grain banks regions ο Introducing schemes such as cash transfer, food ο Facilitate access to coupons or others to the targeted beneficiaries in . Safe and adequate drinking water and sanitation order to ensure their foodgrain entitlements in such . Healthcare area and manner as prescribed by Central Government. . Nutritional, health and education support to • Ration cards to be issued in the name of eldest woman adolescent girls in every eligible household (provided she is more than 18 years of age). . Adequate pensions for senior citizens, persons with disability and single women • Grievance Redressal Mechanism: State Food Commission to be constituted under each state. ο The act also lists minimum nutritional standards for ►RIGHT TO EDUCATION AMENDMENT various categories – Children, Pregnant and Lactating ACT 2019 (RTE) Women, Adolescent Girls etc. SALIENT FEATURES • Special focus to given to the needs of the vulnerable • groups especially in remote areas s, hilly areas and tribal There will be a regular examination in the 5th and 8th class areas for ensuring their food security by the Central and at the end of the academic year. State Government. • If a child fails these exams, he shall be given additional • Steps to be taken by Central, State and local instruction and granted opportunity for re-examination governments for advancing food security: within a period of two months from the date of declaration of result. ο Revitalisation of Agriculture • The Central or State Government may allow schools to . Agrarian reforms through measures for securing hold back a child in the 5th or 8th class or in both classes, interests of small and marginal farmers if he fails the re-examination. However, the State or . Increase in investments in agriculture, including Central government have independence to not hold back a R&D, extension services, micro and minor irrigation child in any class till the completion of elementary and power to increase productivity and production education. . Ensuring livelihood security to farmers by way of • No child to be expelled from a school till he completes remunerative prices, access to inputs, credit, elementary education. irrigation, power, crop insurance etc.

. Prohibiting unwarranted diversion of land and

water from food production

ο Procurement, Storage and Movement related interventions . Incentivising decentralised procurement including procurement of coarse grains . Geographical diversification of procurement operations . Augmentation of adequate decentralised modern and scientific storage . Giving top priority to movement of food grains and providing sufficient number of rakes for this, expanding the line capacity of railways to facilitate

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LEGISLATURE

• No arrest during session and 40 days before and 40 days after the session. Protection available only in civil cases LEGISLATURE and not in criminal cases ►BREACH OF PRIVILEGE • Not liable in court for any speech in parliament • Exempted from jury service when the house is in session. IN NEWS

A breach of privilege motion was moved against Prime Minister and Defence Minister. ►DEMAND FOR ABOLISHING THE EXPLAINED CONCURRENT LIST • The concept of privileges emerged from the British House IN NEWS of Commons The CM of Telangana has pitched for more autonomy to the • The Constitution of India (under Art. 105 for the states, suggesting that the concurrent list be done away with. Members of Parliament and Art. 194 for the Members of State Legislature) confers certain privileges on EXPLAINED legislative institutions and their members • The concurrent list has subjects in which both Parliament • Currently, there is no law that codifies all the privileges of and state legislatures have jurisdiction e.g. Education, the legislators in India. population control and family planning, criminal law, protection of wildlife. • Privileges are based on five sources: • The Constitution also provides federal supremacy to ο Constitutional provisions Parliament on concurrent list items i.e. in case of a ο Various laws of parliament conflict; a central law will override a state law ο Rules of both the houses • The aim of the concurrent list was to ensure uniformity is ο Parliamentary conventions desirable but not essential across the country where independently both centre and state can legislate ο Judicial interpretations

• Whenever any of these rights and immunities is disregarded, the offence is called a breach of privilege ►OFFICE OF PROFIT and is punishable under law of Parliament IN NEWS • However, there are no objective guidelines on what Few MLA’s in Delhi were disqualified by President for holding constitutes breach of privilege and what punishment it Office of profit and has led to the interpretation of office of entails. profit. TYPE OF PRIVILEGES EXPLAINED  Collective Privileges • Articles 102(1) and 191 (1) mention disqualifications on • Exclude strangers from proceedings. Hold a secret sitting the basis of occupying the Office of Profit. of the legislature • At the same time, office of profit is neither defined in the • Freedom of press to publish true reports of Parliamentary constitution nor under Representation of People’s Act. proceedings. But, this does not in case of secret sittings • One who is a member of the parliament and assists one or • Only Parliament can make rules to regulate its own more senior ministers in discharging their duties. proceedings • They often hold the rank of Minister of State and have • There is a bar on court from making inquiry into the same entitlements and is assigned to a government proceedings of the house (speeches, votes etc.) department.  Individual Privileges • Manipur, HP, Mizoram, Assam, Rajasthan, Punjab, Goa are some of the states where MLAs have been appointed Parliament Secretaries by the Government.

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LEGISLATURE

CONSTITUTIONAL PROVISIONS • This is only the third time in the history of Indian Parliament that this is happening. The first such instance • Article 102 (1) a: Disqualifications for membership: A took place in 1983, and the second in 1990. person shall be disqualified as a Member of Parliament for

a) Holding an office of profit under government of India or state government; ►ODISHA APPROVES PROPOSAL FOR b) Being of unsound mind; LEGISLATIVE COUNCIL c) Being an undischarged insolvent; IN NEWS d) Not being an Indian citizen or for acquiring citizenship The Odisha government has approved a proposal for setting of another country. up a legislative council in the state. • Article 191 (1) (a) Disqualification of members for the EXPLAINED members of state assemblies for holding the Office of • The proposed legislative council will have 49 members. Profit. • The members of the proposed council will get salary and PARAMETERS FOR OFFICE OF PROFIT allowance as given to the members of the legislative In Pradyut Bordoloi vs Swapan Roy (2001), the Supreme Assembly. Court outlined the following questions for the test for office CONSTITUTIONAL PROVISIONS of Profit: • Under Article 169 of the constitution, Parliament may by • Whether the government makes the appointment; law create or abolish the second chamber in a state if the Legislative Assembly of that state passes a resolution to • Whether the government has the right to remove or that effect by a special majority. dismiss the holder; • As per article 171 clause (1) of the Indian Constitution, the • Whether the government pays the remuneration; total number of members in the legislative council of a • What are the functions of the holder and does he perform state shall not exceed one third of the total number of them for the government; and the members in the legislative Assembly of that state and • Does the government exercise any control over the the total number of members in the legislative council of a performance of those functions state shall in no case be less than 40. • • In Jaya Bacchan v. Union of India case SC defined it as The members of legislative councils are elected by following formula: “an office which is capable of yielding a profit or pecuniary gain.” ο 1/3rd of members are elected by members of the Assembly (MLAs), • Thus, it is not the actual ‘receipt’ of profit but the ο ‘potential’ for profit that is the deciding factor in an 1/3rd by electorates consisting of members of ‘office of profit’ case. municipalities, district boards and other local authorities in the state,

ο 1/12th by an electorate consisting of teachers,

►UNITED GROUP IN RAJYA SABHA ο 1/12th by registered graduates. IN NEWS ο The remaining members (1/6th) are nominated by the Recently Vice-President of India formally recognised a group Governor. of 22 MPs belonging to parties with less than four MPs and certain independents as a consolidated block — the United Group in Rajya Sabha. ►GOVERNORS’ ROLE IN THE EXPLAINED DISSOLUTION OF STATE ASSEMBLIES • The united group will be the third largest group of MPs in IN NEWS the Rajya Sabha, after the Congress and the BJP • Jammu and Kashmir Governor recently dissolved the • The group will find a place in the Business Advisory State Assembly (which has been in suspended animation) Committee (BAC) that decides time allotment. 58 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

LEGISLATURE

when two political parties separately staked claim to form ο Conducting workshops and group discussions for MPs a government on issues of national and topical importance • The role of governor came under question in recent ο Speaker's internship program for young scholars Karnataka legislative assembly elections as well. ο Speaker's Fellowship Program for senior scholars EXPLAINED ο Events like National conference for women's legislators • The reasons for the dissolution were: the “extensive horse trading” and the possibility that a government formed by parties with “opposing political ideologies” ►NATIONAL E-VIDHAN APPLICATION would not be stable. (NEVA) PROJECT • The move is being seen as harmful for democracy as Ministry of Parliamentary Affairs J&K’s relationship with the Centre is rooted in THEME AND KEY FEATURES constitutional safeguards as well as in the participation of its major parties in electoral politics and parliamentary • It aims to make all the Legislatures of the country democracy. paperless by making the proceedings of the Houses digital. CONSTITUTIONAL PROVISIONS • Aims to bring all the legislatures of the country • Article 172 says that every Legislative Assembly of every together, in one platform thereby creating a massive data State, unless sooner dissolved, shall continue for five depository without having the complexity of multiple years. application. • Article 174 (2) (b) of the Indian Constitution merely states • NeVA is a device neutral and member centric application that the Governor may, from time to time, dissolve the created to equip them to handle diverse House Business Legislative Assembly. smartly by putting entire information regarding member • Article 356 (“President’s rule”): In case of failure of contact details, rules of procedure, list of business, notices, constitutional machinery in State the President, on receipt bulletins, bills, starred/unstarred questions and answers, of report from the Governor of the State or otherwise, may papers laid, committee reports etc. assume to himself the functions of the Government of the • NeVA will completely eliminate the process of sending out State declare that the powers of the Legislature of the a notice/request for collection of data. State shall be exercisable by or under the authority of Parliament. • It will bring Legislatures closer to citizens, thereby taking a decisive step in achievement of substantive democracy.

►SPEAKERS RESEARCH INITIATIVE ►MEMBERS OF PARLIAMENT LOCAL • It seeks to assist members of parliament in playing a more effective role in law making, parliamentary debates, AREA DEVELOPMENT SCHEME oversight in governance and to respond to ever increasing, (MPLADS) complex issues of national and international importance. Ministry of Statistics & Programme Implementation • It is an organ of the Lok Sabha that works under the THEME AND KEY FEATURES guidance and supervision of the speaker of the Lok Sabha. • Is an ongoing Central Sector Scheme which was launched • It was launched in 2015. in 1993-94 and is meant to enable MPs to recommend • It has at present 9 members who act as resource persons. works of developmental nature with emphasis on Each member is an acknowledged expert in his field. It is creation of durable communityassets based on locally served by a dedicated administrative team of the Lok felt needs. Sabha. • The MPLAD Scheme has resulted into creation of various • Areas of work: durable community assets which have impacted the social,

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LEGISLATURE

cultural and economic life of the local communities in one way or the other. • Under the scheme, each MP has the choice to suggest to the District Collector for works to the tune of Rs.5 Crores per annum to be taken up in his/her constituency. • The Rajya Sabha Members of Parliament can recommend works in one or more districts in the State from where he/she has been elected. • The Nominated Members of the Lok Sabha and Rajya Sabha may select any one or more Districts from any one State in the Country for implementation of their choice of work under the scheme. • MPLADS funds are non-lapsable, both at the end of the Central Government and at the end of the District Authorities. • Major problems - the major problems being faced in the implementation of the Scheme at the District levelincludenon-submission of requisite documents in time to the Ministry such as Audit Certificate, Utilization Certificate, Provisional Utilization Certificate, Monthly Progress Report, Bank Statement and Online Monthly Progress Report. • Recently-Cabinet Committee on Economic Affairshas given its approval to continuation of the Scheme till the term of the 14th Finance Commission.

►LAW COMMISSION OF INDIA • Law Commission of India is an executive body established by an order of the Government of India. • It undertakes research in law and review of existing laws in India for making reforms therein and enacting new legislations. • The Commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.

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JUDICIARY

1. At least 100 members of Lok Sabha may give a signed JUDICIARY notice to the Speaker, or 2. At least 50 members of Rajya Sabha may give a signed ►REMOVAL OF CHIEF JUSTICE IN notice to the Chairman. INDIA 3. The Speaker or Chairman may consult individuals and examine relevant material related to the notice. Based IN NEWS on this, he or she may decide to either admit the motion Group of Members of Parliament from the opposition or refuse to admit it. submitted a notice to initiate the removal process of Hon’ble • If the motion is admitted, the Speaker or Chairman (who Chief Justice of India, Justice Deepak Mishra to the Vice- receives it) will constitute a three-member committee to President of India. investigate the complaint. It will comprise: EXPLAINED 1. a Supreme Court judge; • The petition was signed by 64 lawmakers who listed five 2. Chief Justice of a High Court; and grounds of alleged misbehaviour by the Chief Justice of 3. a distinguished jurist. India. • The committee will frame charges based on which the • However, the Vice-President rejected the motion citing investigation will be conducted. A copy of the charges that there was mere suspicion, a conjecture or an will be forwarded to the judge who can present a written assumption which did not constitute proof beyond defence. reasonable doubt, as was required to make out a case of • “proved misbehavior” under Article 124(4) of the Indian After concluding its investigation, the Committee will Constitution. submit its report to the Speaker or Chairman, who will then lay the report before the relevant House of ARTICLE 124(4) Parliament. If the report records a finding of misbehaviour A Judge of the Supreme Court shall not be removed from his or incapacity, the motion for removal will be taken up for office except by an order of the President passed after an consideration and debated. address by each House of Parliament supported by a • The motion for removal is required to be adopted by each majority of the total membership of that House and by a House of Parliament by: majority of not less than two-thirds of the members of that House present and voting has been presented to the 1. a majority of the total membership of that House; President in the same session for such removal on the and ground of proved misbehavior or incapacity. 2. a majority of at least two-thirds of the members of ARTICLE 217(1)(B) that House present and voting. • A Judge of the High Court may be removed from his office by If the motion is adopted by this majority, the motion will the President in the manner provided in clause (4) of Article be sent to the other House for adoption. Once the motion 124 for the removal of a Judge of the Supreme Court. is adopted in both Houses, it is sent to the President, who will issue an order for the removal of the judge. PROCESS OF REMOVAL OF A SUPREME COURT JUDGE

• The Constitution provides that a judge can be removed only by an order of the President, based on a motion ►SEPARATE HIGH COURTS FOR passed by both Houses of Parliament. The procedure ANDHRA PRADESH & TELANGANA for removal of judges is elaborated in the Judges Inquiry Act, 1968. The Act sets out the following steps for removal IN NEWS from office: Supreme Court while hearing a petition directed the Central • Under the Act, an impeachment motion may originate Government to issue notification to bifurcate the then High in either House of Parliament. To initiate proceedings: Court at Hyderabad which was the common High Court for both the states of Andhra Pradesh and Telangana.

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JUDICIARY

EXPLAINED ►TELE-LAW INITIATIVE • As per the directions of the Court, the President of India IN NEWS issued a notification under Article 214 of the Indian Constitution for separate High Courts for the two The union ministry of Law and Justice in association with the states. National Legal Service Authority (NALSA) launched Tele-Law

• As per The Andhra Pradesh Reorganisation Act, 2014, scheme in Bihar. The scheme aims at providing legal aid both States were supposed to have a common High Court, services to marginalized communities and citizens living till separate High Courts were formed for each state. in rural areas through digital technology.

• City of Hyderabad, which was the capital of erstwhile State EXPLAINED of Andhra Pradesh, is now part of State of Telangana. So, • Union Ministry of Law and Justice has partnered with state of Andhra Pradesh has decided to create and the Ministry of Electronics and Information construct a new city Amravati which will be its capital. High Technology, to provide legal aid services through its Court of Andhra Pradesh will be located in Amravati. Common Service Centres (CSC) at the Panchayat level CONSTITUTIONAL PROVISIONS across India. • Article 214 provides that there shall be a High Court for • A portal called ‘Tele-Law’ will be launched, which will be each State. available across the CSC network • Article 230 - Extension of jurisdiction of High Courts to • Union territories - Parliament may by law extend the Every CSC will engage a Para Legal Volunteer (PLV), who jurisdiction of a High Court to, or exclude the jurisdiction of will be the first point of contact for the rural citizens. a High Court from, any Union territory. • People can seek legal advice from the lawyers through • Article 231 - Establishment of a common High Court for video conferencing available at the Common Service two or more States - Parliament may by law establish a Centers on the ‘Tele Law’ portal – a technology-enabled common High Court for two or more States or for two or platform more States and a Union territory. • A panel of lawyers will be provided by the National Legal

Services Authority (NALSA) in every state capitals to ►LIVE STREAMING OF SUPREME advice the applicants through video conferencing. COURT PROCEEDINGS • The first phase will be implemented across 1800 panchayats in Jammu and Kashmir, North Eastern IN NEWS States, Uttar Pradesh and Bihar. Supreme Court (SC) has approved live-streaming of court • proceedings and directed the centre to frame rules for The initiative would then be implemented on a Pan-India regarding this. basis in a phased manner after making necessary corrections based on the challenges faced in the first EXPLAINED phase. • The SC agreed that live-streaming of court proceedings • would serve as an instrument for greater accountability The Project is in continuation with the Access to Justice and formed part of the Code of Criminal Procedure, Project to Marginalized Persons implemented by the 1973. United Nations Development Program (UNDP) in 2008

• The SC held that the right to justice under Article 21 of PARA LEGAL VOLUNTEERS (PLV) the Constitution would be meaningful only if the public They will be the first point of contact for the rural citizens and gets access to the proceedings and to witness proceedings will help them in understanding the legal issues, explain the live. advice given by lawyers and assist in further action required.

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JUDICIARY

►PRO BONO LEGAL SERVICES & ►INTEGRATED CASE MANAGEMENT NYAY MITRA SCHEME INFORMATION SYSTEM (ICMIS)

IN NEWS IN NEWS The Law ministry has launched initiatives pro bono legal The 'Integrated Case Management Information System' services and Nyaya Mitra scheme with an objective to (ICMIS) has been introduced in the apex court for digital encourage lawyers and legal professionals to provide legal filing. services. EXPLAINED PRO BONO LEGAL SERVICES: • ICMIS functions include the option of • It is a web-based initiative which can be accessed ο e-filing cases, through the website www.doj.gov.in. ο checking listing dates, • The idea behind this online initiative is to promote the ο office reports and concept of legal aid in an institutionalized manner. ο overall tracking of progress of a case filed with the • To encourage lawyers and legal professionals to provide apex court registry pro bono legal services • It will operate as an online gateway for payment of court • To recognize pro bono legal work being provided by fee and process fee, an online court fee calculator. lawyers and legal professionals

• To create a database capturing vital information of lawyers for appropriate positions in the relevant field. ►ALL INDIA JUDICIAL SERVICES • The Constitution of India by virtue of Article 39 A directs IN NEWS the State to provide free legal aid to the poor and weaker Prime Minister recently revisited the possibility of recruiting sections of the society, to promote justice on the basis of judges through an (AIJS). equal opportunity. EXPLAINED • Further, Article 14 and 22 (2) of the Constitution ensures equality before law • Presently, the All India Services (AIS) comprises of the Indian Administrative Service (IAS), the Indian Forest • Creation of the database will assist the Department of Service (IFS) and the Indian Police Service (IPS). Justice in identifying lawyers providing pro bono services • After the Swaran Singh Committee’s recommendations NYAY MITRA SCHEME in 1976, Article 312 was modified to include the judicial • Nyaya Mitra scheme, is aimed at reducing pendency of services. cases across selected districts, with special focus on those • Article 312 provides that an All India Service can be created pending for more than 10 year. only if the Rajya Sabha declares by a resolution supported • A retired judicial officer, or an executive officer with by not less than a two-thirds majority that it is judicial experience, will be put in charge of assisting those necessary in the national interest to create one or more suffering due to judicial delays. such All India Services. • The Nyaya Mitra shall assist the litigants who are suffering due to delay in investigations or trial, by actively identifying such cases through the National Judicial Data Grid. ►e-COURTS PROJECT • The Nyaya Mitra will provide legal advice to litigants or IN NEWS connect them with panel lawyers (from the concerned The e-Courts Mission Mode Project, is a Pan-India Project, District Legal Services Authority), CSC Tele law, government monitored and funded by Department of Justice, Ministry of agencies and civil society organizations working for the Law and Justice, Government of India for the District Courts marginalized people. across the country. The Second phase of E-Courts project is

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JUDICIARY

being implemented by the Government of India with a total "contrary" to the nine-judge bench judgement in the outlay of 1670 crores. Indra Sawhney verdict of 1992 EXPLAINED • The apex court also turned down the Centre's plea that • The e-Courts Mission Mode Project (Phase I 2010-15; overall population of SC/ST be considered for granting Phase II 2015-19) is a national e-Governance project for ICT quota for them. (Information, Communication and Technology) • it declined the demand to refer the case to a 7-judge enablement of district and subordinate courts of the bench to reconsider its 2006 Nagaraj judgement. country. • The court also asked the government to examine the • To make whole judicial system ICT enabled by putting in possibility of introducing creamy layer for Scheduled place adequate and modern hardware and connectivity. Castes (SCs) and Scheduled Tribes (STs) CONSTITUTIONAL PROVISIONS • Article 15(4) allows State to make special provision for the ►RESERVATION IN PROMOTIONS advancement of any socially and educationally backward IN NEWS classes of citizens or for SCs and STs. A five-judge Constitution bench allowed for grant of quota • 77th Constitutional Amendment (CA), inserted Clause for promotions in the government jobs to SCs and STs 4A in Article 16 and restored provision of reservations in without the need to "collect quantifiable data". promotions. EXPLAINED • The Centre was of the opinion that the verdict in the M ►SABRIMALA ISSUE Nagraj case put unnecessary conditions in granting IN NEWS quota benefits. Supreme Court granted women of all ages the right to enter • More information on Five judge bench in Nagaraj the Sabarimala temple. Case(2006) : The court upheld the constitutional validity of the amendments but, it also said that for providing quota EXPLAINED in promotions the states must provide: • The Supreme Court in Indian Young Lawyers’ 1. quantifiable data on the backwardness of Scheduled Association v/s State of Kerala Case declared Rule 3(b) Castes (SC) and Scheduled Tribes (ST) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act of 1965, which authorizes 2. the facts about their inadequate representation restriction on women “of menstruating age”, as ultra vires

3. the overall administrative efficiency the Constitution ο As the Indra Sawhney judgement disallowed reservation • The ‘essentiality’ test was evolved by the Supreme Court in promotions and consequential seniority, Parliament to determine whether a religious practice was protected enacted three constitutional amendments in 1995, 2000 under Article 25. and 2002, the most contested one being Article 16 (4A • On the other hand, a non-essential religious practice is ο Article 16 (4A): Allows for reservation in matters of not a fundamental right and can be restricted by the promotion, with consequential seniority, in favour of State on any reasonable ground. the Scheduled Castes and the Scheduled Tribes which • Article 25 provides that all persons enjoy the right to are not adequately represented. freely practice their religion. • The bench did not make changes about the two other

conditions given in the 2006 Nagaraj verdict which dealt with adequacy of representation and administrative ►DOWRY HARASSMENT LAW efficiency. IN NEWS • The court said that the requirement to collect quantifiable The Supreme Court restored an immediate arrest data showing backwardness of SCs and STs was provision in the dreaded Section 498A IPC. 64 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

JUDICIARY

EXPLAINED ►SECTION 377 DECRIMINALIZED • It restored police’s power to immediately register an IN NEWS FIR and act on a dowry harassment complaint filed by a In Navtej Singh Johar v/s Union of India case, a 5 judge married woman. Constitutional Bench declared the parts of Section 377 of • Those arrested for cruelty to a married woman over the IPC unconstitutional. dowry can approach the courts for bail to prevent the EXPLAINED alleged misuse of the law. • Section 377 violates Articles 14, 15 and 21 as it penalises • The offence is both non-cognizable and non-bailable. any consensual sexual relationship between two adults • The Supreme Court last year ordered that ‘family welfare in private, be it homosexual, heterosexual, lesbian or committees’ to be set up in districts transgender persons.

• It had held that no arrest should normally be effected on • It remains applicable in cases of nonconsensual carnal dowry harassment complaints until the committee intercourse with adults, all acts of carnal intercourse with confirms the genuineness. minors, and acts of bestiality.

PROVISIONS OF SECTION 498 A INDIAN PENAL CODE (IPC) PROVISIONS OF SECTION 377 • Whoever, being the husband or the relative of the husband of “Whoever voluntarily has carnal inter course against the a woman, subjects such woman to cruelty shall be order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment punishable with imprisonment for a term which may of either description for a term which may extend to ten extend to three years and shall also be liable to fine. years, and shall also be liable to fine

• It does not penalize sexual identities that people may ►ADULTERY choose or take.

IN NEWS The Supreme Court unanimously struck down Section 497 ►CONTEMPT OF COURT of the Indian Penal Code (IPC) that makes adultery a The Supreme Court has stayed the judgment passed by punishable offence. Meghalaya High Court which had held Shillong Times's editor EXPLAINED Patricia Mukhim and publisher Shobha Chaudhuri guilty of contempt of court and sentenced them to pay fine of Rs. 2 • Supreme Court held that the adultery law was lakhs. unconstitutional ABOUT CONTEMPT OF COURT – • Equality is the governing principle of a system and • husband is not the master of the wife For the concept of Contempt of Court, the Contempt of Court Act, 1971 was passed. • It can be ground for civil issues including dissolution of • marriage but it cannot be a criminal offence. Article 129 and 215 of the Constitution of India empowers the Supreme Court and High Court respectively to PROVISIONS OF SECTION 497 punish people for their respective contempt. • "Whoever has sexual intercourse with a person who is • Section 10 of The Contempt of Courts Act of 1971 defines and whom he knows or has reason to believe to be the the power of the High Court to punish contempts of its wife of another man, without the consent or connivance of subordinate courts. that man, such sexual intercourse not amounting to the • Power to punish for contempt of court under Articles 129 offence of rape, is guilty of the offence of adultery." and 215 is not subject to Article 19(1)(a). • The offence of adultery entailed a maximum punishment IN INDIA CONTEMPT OF COURT IS OF TWO TYPES: of five years, or with fine, or both. 1. Civil contempt: Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as

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JUDICIARY

wilful disobedience to any judgment, decree, direction, Commercial arbitration and in other cases the concerned order, writ or other process of a court or wilful breach of High Courts. an undertaking given to a court. • creation of an independent body namely the Arbitration 2. Criminal contempt: Under Section 2(c) of the Contempt Council of India (ACI) of Courts Act of 1971, criminal contempt has been defined • ACI will grade arbitral institution and accredit arbitrators as the publication (whether by words, spoken or written, by laying down norms and take all such steps as may be or by signs, or by visible representation, or otherwise) of necessary to promote the process, any matter or the doing of any other act whatsoever • The ACI shall be a body corporate whose Chairperson which: should have been a Judge of the Supreme Court or Chief • Scandalises or tends to scandalise, or lowers or tends to Justice or Judge of any High Court or any eminent person lower the authority of, any court, or • The other Members would include an eminent • Prejudices, or interferes or tends to interfere with the due academician etc. besides other Government nominees. course of any judicial proceeding, or

• Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other ►NEW DELHI INTERNATIONAL manner. ARBITRATION CENTRE (NDIAC) EXEMPTIONS ORDINANCE, 2019 Innocent publication and distribution of some matter, fair • and accurate report of judicial proceedings, fair and Provides for establishment and incorporation of NDIAC for reasonable criticism of judicial acts and comment on creating an independent and autonomous regime for administrative side of the Judiciary do not Amount to institutionalised arbitration and for acquisition and contempt of court. transfer of the undertakings of the International Centre for Alternative Dispute Resolution to the NDIAC.

• Declaration of NDIAC an institution of national importance ►ARBITRATION AND CONCILIATION • Head office of NDIAC will be at New Delhi and it may with (AMENDMENT) BILL, 2018 previous approval of the Central Government, establish The Union Cabinet recently approved the Arbitration and branches at other places in India or abroad. Conciliation (Amendment) Bill, 2018 for introduction in the COMPOSITION OF THE CENTRE Parliament. • Chairperson: A judge of the SC or a Judge of HC or an BACKGROUND eminent person having special knowledge and experience • The Arbitration and Conciliation Act, 1996, was amended in the conduct or administration of arbitration, law or by the Arbitration and Conciliation (Amendment) Act, 2015 management, appointed by the Central Government in consultation with CJI. • to remove some practical difficulties in applicability of the • Arbitration and Conciliation (Amendment) Act, 2015, a High Two eminent persons having substantial knowledge and Level Committee (HLC) under the Chairmanship of Justice experience in substantial in institutional arbitration B.N. Srikrishna, was constituted by the Government appointed by Central Government - Full time or Part time Members • proposed amendments are as per the recommendations • of the High Level Committee. One representative of a recognized body of commerce and industry, chosen on rotational basis by the Central PROVISIONS Government - Part-time member • Facilitate speedy appointment of arbitrators through • Secretary, Department of Legal Affairs, Ministry of Law and designated arbitral institutions by the Supreme Court or Justice or his representative not below the rank of Joint the High Court. Secretary - Member, ex-Officio • Parties may directly approach arbitral institutions designated by the Supreme Court for International 66 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

JUDICIARY

• One Financial Advisor nominated by the Department of CHAMBER OF ARBITRATION Expenditure, Ministry of Finance • The NDIAC will establish a Chamber of Arbitration which • CEO, Member, ex-officio be responsible for day to day shall empanel Arbitrators and also scrutinise the administration of the Centre applications for admission in the panel of reputed • Chairperson and Members shall hold office for a term of 3 arbitrators to maintain a permanent panel of arbitrators. years. • Chamber of Arbitration will consist of experienced • Maximum age for Chairperson is less than 70 years of age arbitration practitioners of repute and having wide while for members 67 years. experience in ADR and Conciliation. • OBJECTIVES OF CENTRE NDIAC will lay down criteria for admission to the panel of the cadre so as to maintain a pool of reputed arbitrators • Bring targeted reforms to develop itself as a flagship having expertise in international commercial arbitration institution for conducting international and domestic and arbitration other than international commercial arbitration arbitration. • Promote research and study, providing teaching and ARBITRATION ACADEMY training, and organising conferences and seminars in arbitration, conciliation, mediation and othr ADR matters The NDIAC will establish an Arbitration Academy which will: • • Provide facilities and administrative assistance for Train arbitrators, particularly in the area of international conciliation, mediation and arbitral proceedings. commercial arbitration to compete on par with reputed international arbitral institutions • Maintain panel of accredited arbitrators, conciliators and • mediators both at national and international level or Conduct research in the area of ADR specialists such as surveyors and investigators • Give suggestions for achieving the objectives of NDIAC. • Collaborate with other national and international institutions and organisations for ensuring credibility of ►COMMERCIAL COURTS ACT, 2015 the Centre as a specialised institution in arbitration and conciliation OBJECTIVES • Set up facilities in India and abroad to promote activities of • For the constitution Commercial Courts, Commercial the Centre Appellate Courts, Commercial Division and Commercial • lay down parameters for different modes of ADR Appellate Division in High Courts for adjudicating mechanisms being adopted by the Centre commercial disputes of specified value. • FUNCTIONS OF THE CENTRE Commercial courts to be established at district and below district level • Facilitate for conducting international and domestic • arbitrations and conciliation in professional manner. Minimum value for institution of commercial disputes to be Rs 3 Lakh. • Provide cost effective and timely services for the conduct • of arbitrations and conciliations at national and Mandatory Pre-institution mediation in cases which does international level not contemplate urgent interim relief. Authorities constituted under the Legal Services Authorities Act, 1987 • Promote studies in the field of ADR, and to promote will be notified and such authority shall complete the reforms in the system of dispute settlement process of mediation, which shall have the status and • Undertake teaching and diffusion of knowledge of law and effect of an arbitral award under the Arbitration and procedures on ADR and award certificates and other Conciliation Act, 1996. academic or professional distinction WHAT CONSTITUTES COMMERCIAL DISPUTE • Impart training in ADR to those who are handling • Ordinary transactions of merchants, bankers, etc, export- arbitration, conciliation and mediation import, transactions relating to aircraft, carriage of goods, • Cooperate with other organisations for promoting ADR construction of infrastructure contracts, agreements relating to immovable property used exclusively in trade or 67 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

JUDICIARY

commerce, technology development agreements, • It extends to the whole of India except the State of Jammu intellectual property rights relating to trademarks, and Kashmir, the State of Nagaland, the State of Arunachal copyright, patent, design, domain names, geographical Pradesh, the State of Sikkim and to the tribal areas. indications and semiconductor integrated circuits, FEATURES OF THE ACT insurance etc. • Gram Nyayalaya are established generally at headquarter • Commercial Courts: State Government may after of every Panchayat at intermediate level or a group of consultation with concerned High Court can constitute contiguous panchayat in a district where there is no Commercial Courts at District level. panchayat at intermediate level. • State Governments can specify value not less than Rs 3 • The Gram Nyayalayas are presided over by a Lakh above which cases can be dealt with Commercial Nyayadhikari, who will have the same power, enjoy Courts. same salary and benefits of a Judicial Magistrate of First Class. Such Nyayadhikari are to be appointed by the • State government after consultation with concerned High State Government in consultation with the Court can specify the local limits of area to which the respective High Court. jurisdiction of the Commercial court shall extend and can • A Gram Nyayalaya has jurisdiction over an area specified also modify the same. by a notification by the State Government in • State Government with the concurrence of the Chief consultation with the respective High Court. The Court Justice of the concerned High Court (CJ of HC) to appoint can function as a mobile court at any place within the Judges of a Commercial Court. The Judges appointed jurisdiction of such Gram Nyayalaya, after giving wide should have experience in dealing with commercial publicity to that regards. disputes. • The Gram Nyayalayas have both civil and criminal • Commercial Appellate Courts: State Government after jurisdiction over the offences and nature of suits consultation with concerned High Court can designate specified in the First, Second and Third schedule of the Act. such number of Commercial Appellate Courts at District The pecuniary jurisdiction of the Nyayalayas are fixed by Judge level. the respective High Courts. • Commercial Division of High Court: In all High Courts, • The fees charged in civil suits shall not exceed Rs.100 the CJ of HC may constitute Commercial Division having irrespective of the value of property in dispute. one or more benches consisting of a single judge. CJ of HC • Both the Central and the State Government can add or to nominate judges of HC who have experience in dealing remove items in the Schedule. with commercial disputes to be judges of the Commercial • While the Central Government can amend the list in division. Schedule I and II, by notifying them and thereafter laying it • Commercial Appellate Division (CAD): CJ of HC to in the Parliament, the State Government can amend the constitute CAD having one or more Division Benches. CJ of items in Part III of Schedule I or II, in the areas of law which HC shall nominate such judges of the HC who have the state is competent to enact law after due consultation experience in dealing with commercial disputes to be with the respective High Court and notifying it. Such judges of CAD. notification has to be laid in the State Legislature. • Offences are to be tried in a summary manner in

accordance with Chapter XXI of Code of Criminal ►GRAM NYAYALAY ACT – 2008 Procedure. • Gram Nyayalayas Act, 2008 is to provide for the • The Act allows plea bargaining in accordance with establishment of Gram Nyayalayas at the grass roots level Chapter XXIA of Code of Criminal Procedure. for the purposes of providing access to justice to the • Gram Nyayalayas can follow special procedures in civil citizens at their doorsteps and to ensure that matters, in a manner it deem just and reasonable in the opportunities for securing justice are not denied to any interest of justice. citizen by reason of social, economic or other disabilities • Civil suits are proceeded on a day-to-day basis, with and for matters connected therewith or incidental thereto. limited adjournments and are to be disposed of within a

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JUDICIARY

period of six months from the date of institution of the 2. Prevention of Money Laundering Act, 2002 (PMLA) suit. Income Tax Department derives its powers and functions • In execution of a decree, the Court can allow special through the Income Tax Act, 1961. The main aim of Income procedures following rules of natural justice. Tax Department is • Gram Nyayalayas allow for conciliation of the dispute 1. To formulate progressive tax policy and settlement of the same in the first instance. 2. To provide effective and efficient tax administration • Gram Nyayalayas has been given power to accept certain 3. To promote voluntary compliance evidences which would otherwise not be acceptable under Serious Fraud Investigative Office (SFIO) has been Indian Evidence Act. accorded statutory status by Ministry of Corporate Affairs to • Appeals in criminal matter can be made to the tackle diversified and sophisticated nature of corporate Sessions Court in the respective jurisdiction and in civil frauds under Companies Act, 2013. matters to the District Court within a period of one month from the date of judgment. ►JALLIKATTU ►CENTRALIZED POOL OF IN NEWS DOCUMENTARY EVIDENCE Tamil Nadu’s Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act of 2017 and Prevention of Cruelty to EXPLAINED Animals (Conduct of Jallikattu) Rules of 2017 has allowed the • A proposal to create a Centralised Pool of Documentary bull taming sport Jallikattu in the State of Tamil Nadu despite Evidence for expeditious sharing of actionable a ban by Supreme Court in the year 2014. information on economic offences between various central EXPLAINED investigating agencies is pending with the Government. • Jallikattu means an event involving bulls conducted with a • Such a central data base will help in expeditious sharing of view to follow tradition and culture on such days from the actionable information on economic offences between months of January to May of a calendar year and in such various Central investigating agencies. places, as may be notified by the State Government, and • A common data pool will help in overcoming existing includes “manjuviratu”, “vadamadu” and procedural and legal hurdles in sharing of evidence “erudhuvidumvizha”. between different investigating agencies like • Chief Justice of India (CJI) while hearing a petition on ο Central Bureau of Investigation, preservation of cultural rights by State of Tamil Nadu under Article 29 has referred the matter to a Constitution ο Enforcement Directorate Bench. ο Income-Tax Department and • Article 29 (1) comes under Part III of the Indian ο Special Fraud Investigation Office Constitution and is a part of Fundamental Right. Article 29 • Such documentary proof gathered by respective agencies (1) says that any section of citizens residing in the territory would be stored at one place and its certified copies shall of India or any part thereof having a distinct language, be made available for the purposes of investigations which script or culture of its own, shall have the right to can be used as evidence in the court of law. conserve the same. CURRENT LEGISLATION Central Bureau of Investigation has been established through Delhi Special Police Establishment (DPSE) Act, 1946 to investigate cases of bribery and corruption. Directorate of Enforcement is a multi disciplinary organization mandated with the task of enforcing the provisions of two special fiscal laws – 1. Foreign Exchange Management Act, 1999 (FEMA) and

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LOCAL GOVERNMENT

• All types of cooperatives in operation for at least one year and having positive net-worth are eligible to avail LOCAL the benefits of the scheme. NATIONAL COOPERATIVE DEVELOPMENT CORPORATION GOVERNMENT (NCDC) It is the sole statutory organisation (under Ministry of ►SABKI YOJANA SABKA VIKAS Agriculture & Farmers Welfare) functioning as an apex financial and developmental institution exclusively IN NEWS devoted to cooperative sector. Ministry of Panchayat Raj launched a campaign, Sabki

Yojana, Sabka Vikas on Gandhiji Birthday (October 2). EXPLAINED ►EXPANSION OF SCHEDULED AREAS • It will involve people at the grassroots while preparing IN RAJASTHAN structured gram panchayat development plans. IN NEWS • It will also involve thorough audit of the works done in the Union Cabinet has approved expansion of the Scheduled last few years. Areas under Schedule-V of the Constitution of India in some • Under the campaign, which will conclude in December this areas of Rajasthan. These scheduled. After the last expansion year, gram panchayats will have to publicly display all of scheduled areas in Rajasthan in 1981, another expansion sources of funds collected and their annual spending, was approved in 2014. along with future development initiatives CONSTITUTIONAL PROVISIONS GRAM PANCHAYAT DEVELOPMENT PLAN • The interests of Schedule Tribes outside the North east • It is an annual plan of each panchayat where the villagers are protected by Fifth Schedule of the constitution of India. would decide where the money should be spent. • It designates “Scheduled areas” in large parts of India in • It aims to strengthen the role of 31 lakh elected Panchayat which the interests of the “Scheduled Tribes” are to be leaders and 2.5 crore SHG Women under DAY-NRLM in protected. effective gram sabha. • The Scheduled area has more than 50 percent tribal population. ►YUVA SAHAKAR COOPERATIVE • Article 244 underlines that the provisions of the Fifth Schedule shall apply to the administration and control of ENTERPRISE SUPPORT AND the Scheduled Areas and Scheduled Tribes in any State INNOVATION SCHEME other than the States of Assam Meghalaya, Tripura and Mizoram. IN NEWS • Under 5th schedule, it shall be the duty of TAC (Tribes Ministry of Agriculture has launched, National Advisory council) to advice the Governor on such matters Cooperative Development Corporation, (NCDC)’s new pertaining to the welfare and the advancement of the STs scheme ‘Yuva Sahakar-Cooperative Enterprise Support and in the State, as may be referred to them by the Governor. Innovation Scheme’. • The President possesses the power to alter the EXPLAINED boundaries of any Schedule area after consulting with • The scheme aims to cater to the needs and aspirations of the Governor. the youth, for attracting them to cooperative business • Parliament through a law can amend any of the provisions ventures of this Schedule by way of addition, variation or repeal. • The scheme will be linked to a ‘Cooperative Start-up and • The provisions of the Fifth Schedule have seen further Innovation Fund (CSIF)’ created by the NCDC with an legal and administrative reinforcement in the form of annual outlay of Rs 100 crore

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LOCAL GOVERNMENT

Provisions of Panchayats (Extension to Scheduled Areas) Act, 1996. • Tribal Area Committee will be established on the direction of the President in a State having Scheduled areas, also in any State having Scheduled Tribes but not Scheduled Areas therein.

►TWO TIER PANCHAYATI RAJ OF ARUNANCHAL PRADESH

IN NEWS Arunachal Pradesh Assembly passed a bill to do away with the Anchal Samiti (Intermediate level) and set up a two- tier system in the state. EXPLAINED • According to the 73rd Amendment of the Constitution, states are required to constitute Panchayats at three tiers s, i.e., Village, Intermediate and District except the States having a population of less than 20 lakhs, which may not constitute a Panchayat at Intermediate level. • Arunachal Pradesh has a population of 13.84 lakh which, thus, makes it the right choice for a 2-tier government. • It is expected that when Anchal Samiti is removed, planning and execution of schemes would be faster in a two-tier panchayati raj system. • There would be direct connection between Gram Panchayats and Zilla Parishads, the village and district levels of the panchayati raj system. • Goa, Manipur, Sikkim, D& N Haveli, Daman & Diu and Lakshadweep do not have intermediate Panchayat as these states/UTs also have a 2 Tier system in place.

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ELECTIONS

EXPLAINED ELECTIONS • Section 29A of Representation of People’s Act, 1951, lays down various provisions in regards to the registration ►NOTA (NONE OF THE ABOVE) and recognition of political parties in India. • Before its introduction, in 1988, the process was fully IN NEWS regulated by the Election Symbols (Reservation and Maharashtra State Election Commission (MSEC) recently Allotment) Order, 1968 which is operated by the Election made an order for local body polls that fresh elections Commission should be held if NOTA choice ‘emerges as the winner’. • Under the Symbols Order, an association needed to EXPLAINED achieve tangible proof of 1% of the valid votes to be • NOTA was introduced in India following the 2013 Supreme secured by applicant party for registration. Court directive. • By virtue of section 8, 8A, 9, 9A, 10 and 11 of the Act of 1951, it has already been held that candidates convicted • It is an option in the voting machine, designed to allow under criminal laws are disqualified from contesting voters to disapprove all the candidates while delivering elections with immediate effect. their vote.

• It does not provide for a ‘right to reject’.

• The candidate with the maximum votes wins the election ►EDUCATION AS A CRITERION FOR irrespective of the number of NOTA votes polled. LOCAL ELECTIONS • The NOTA votes have not been accounted while calculating IN NEWS votes polled by candidates for making them eligible (1/6th Rajasthan Government has scrapped education criteria for of valid votes) for getting back their security deposits. Panchayati Raj elections. • Election Commission currently has no plenary power to EXPLAINED call a fresh election even if NOTA secures highest votes. • Under Rajasthan Panchayati Raj (Second Amendment) • To give greater sanctity to NOTA and even order a fresh Act, 2015 it was made mandatory for people contesting election, Rule 64 of Conduct of Election Rules will have to Zila Parishad, Panchayat Samiti and Municipal elections to be amended and can be done by the law ministry. have passed Class 10. Rule 64 of Conduct of Election Rules: • The Constitutional Validity of the law enacted by the • It refers to the “declaration of result of election and Haryana government was challenged in the Supreme return of election”. Court in Rajbala vs State of Haryana case, in which the court upheld the validity of law. • But the rule does not take into account a situation where • Supreme Court held that the Right to Contest is neither Nota votes may be higher than those polled by any fundamental rights, nor merely statutory rights, but candidate. are Constitutional Rights.

►SECTION 29A OF REPRESENTATION ►ELECTORAL BONDS OF PEOPLE’S ACT IN NEWS IN NEWS The Finance Ministry has authorised the sale of sixth tranche The Supreme Court has recently decided to examine the of electoral bonds. announced in budget 2017-18 to boost powers of Election Commission in terms of disqualifying transparency in political funding. convicted persons from forming political parties or EXPLAINED becoming office bearer of a party. • The authorization required amendments in Reserve Bank of India Act, 1934 (Section 31(3)) and the 72 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

ELECTIONS

Representation of People Act, 1951 (RPA,1951) were ►ICT (INFORMATION AND made through Finance Bill, 2017. COMMUNICATION TECHNOLOGY) • An interest free financial instrument for making anonymous donations to political parties. VISION DOCUMENT 2025 • A Citizen of India or body incorporated in the country can IN NEWS purchase the bonds. Election commission has come up with ICT vision document • A person being an individual can buy electoral bonds, 2025. either singly or jointly with other individuals. EXPLAINED • bonds will remain valid for 15 days and shall not carry • It spells out the strategy of adopting recent technologies the donor’s name, although the payee will have to fulfil and consolidating existing technologies in the Election KYC. ecosystem • Political parties who have at least secured 1% votes in the • There are four major components of the ICT 2025: last Lok Sabha or state assembly elections and are registered under section 29 of RPA, 1951 ο Integrated Software application.

• These electoral bonds can be bought for any value in ο GIS, Analytic and Integrated Contact Centre. multiples of Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh or Rs ο IT infrastructure including data center, IT security, 1 crore after fulfilling all existing Know Your Customer disaster recovery. (KYC) norms and making payments from bank account. ο Knowledge Management, Capacity building and social • Political parties will be required to fill returns to the media engagement. Election Commission of the quantum of money it receives through electoral bonds. • Donors will be eligible for tax deduction while political ►ELECTRONICALLY TRANSMITTED parties will be eligible for exemption. POSTAL BALLOT SYSTEM (ETBPS)

IN NEWS ►SECTION 10A OF REPRESENTATION ETPBS was recently used in Chengannur (Kerala) Assembly OF PEOPLE’S ACT by poll for service voters.

IN NEWS EXPLAINED

Election Commission (EC) has disqualified Madhya Pradesh • Developed by the Election Commission with the help of Minister for three years for filing wrong accounts of election Centre for Development of Advanced Computing (C- expenditure, under section 10A of the Representation of DAC) to provide an alternative method of quick dispatch of the People Act, 1951. Postal Ballot paper. EXPLAINED • It uses QR codes for uniqueness of the Service Voters and • Disqualification of minister was because of the failure to the secrecy in transmission is ensured by the use of OTP lodge account of election expenses. and PIN. • If the Election Commission is satisfied that a person has • The postal ballots are delivered in electronic data format failed to lodge an account of election expenses, within the to voters on a real time basis. time and in the manner required by or under this Act, • The voters can download the postal ballot and votes so then the commission may go for the disqualification of the cast would be received by the returning officer through candidate. post.

• It was first used in Nellithope by-elections in Puducherry in 2016.

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ELECTIONS

SERVICE VOTERS: MECHANISM OF VOTING IN INDIA

As mentioned in Representation of People’s Act, 1950, • Voting in an Indian election can be done in three ways service voters are: ο in person, ο members of Armed Forces of the Union ο by post and, ο members of forces to which provisions of Army Act, ο through a proxy. 1950 applies. • Under proxy voting, a registered elector can delegate his ο members of armed police force of a State and serving voting power to a representative. outside that state. • This was introduced in 2003 for elections to the Lok Sabha ο persons who are employed by GOI in a post outside and Assemblies, but on a limited scale. India. • This facility is still not available to Migrant workers and their spouses. ►LOK SABHA PASSES BILL TO ALLOW NRIS TO VOTE BY PROXY ►SIMULTANEOUS ELECTIONS

IN NEWS IN NEWS

The bill passed by the Lok Sabha to amend RPA to allow for Recently, Law Commission has released a white paper on NRI to vote in election through proxy, and make certain Simultaneous Elections. provisions gender-neutral. EXPLAINED EXPLAINED • It means structuring the Indian election cycle in a manner • Registration of electors Rules,1960 stipulate the physical that elections to Lok Sabha and State Assemblies are presence of the overseas electors in the respective polling synchronized together under which voters in a particular constituency vote for both State Assembly and Lok station. Sabha the same day • RPA (Amendment) Bill, 2017 proposes to amend section • It does not mean that voting across the country for Lok 60 and extend the facility of proxy voting to Indians living Sabha and State Assemblies needs to happen on a single abroad day. • Till now the facility of proxy voting is only available to • Earlier, SEs were held in India till 1967 which was service personnel (which includes armed forces, central disrupted due to premature dissolution of Assemblies armed police forces, state police forces) and to wives of

security men but not husbands of security women.

• The bill proposes to make this provision gender neutral. ►SVEEP (SYSTEMATIC VOTERS

SECTION 60 AND THE AMENDMENT EDUCATION AND ELECTORAL

• Section 60 of RPA enables the Election Commission (EC) to PARTICIPATION) frame rules to allow special procedure for voting by special IN NEWS class of persons. EC uses this provision to allow indirect Election Commission of India has launched a dedicated portal methods of casting vote like postal vote, vote by wife etc. for the ECI’s ‘Systematic Voters Education and Electoral • The amendment to this section will enable the EC to frame Participation’ (SVEEP). rules to make special procedure for any of the persons to EXPLAINED give his vote either in person or by proxy. • SVEEP is a programme of multi interventions through • Proxy voting essentially allows an absentee voter to different modes and media designed to educate citizens, nominate someone else in his constituency to cast his electors and voters about the electoral process to increase vote.

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ELECTIONS

their awareness and participation in the electoral seventy years from the commencement of this processes. Constitution. • The system is designed according to the socio-economic, • The period of seventy years was added through cultural and demographic profile of the state as well Constitution (Ninety-fifth Amendment) Act, 2009 as the history of electoral participation in previous rounds of elections and learning thereof. ►THE VOTER VERIFIED PAPER AUDIT • Now it includes enhanced interaction with the citizens through social media, online contests and voters’ festivals. TRAIL (VVPAT) • In addition to target groups of women, youth, urban IN NEWS voters and the marginalized sections, the inclusion of A petition has been filed in Supreme Court by 21 Opposition groups like service voters, NRIs, persons with parties demanding the random verification of at least 50 disabilities, prospective voters/ students as the primary percent EVMs-VVPATs in every Assembly segment or focus of the SVEEP. constituency.

EXPLAINED ►ANGLO-INDIANS • The Opposition sought to quash an earlier Election IN NEWS Commission guideline that physical counting of paper slip generated through VVPAT after voting should be The numbers of individuals of the Anglo-Indian conducted “only for VVPAT paper slips of one randomly community is decreasing, thus creating an identity crisis for selected polling station of an Assembly constituency in the members of this community. case of election to State Legislative Assembly and each EXPLAINED Assembly segment in case of election to the House of • Three Article 366 (2) defines Anglo-Indian as a person – the People” whose father or any of whose other male progenitors in • The Voter Verified Paper Audit Trail is a method that the male line is or was of European descent but who is provides feedback to voters. It is an independent domiciled within the territory of India and is or was born verification printer machine and is attached to electronic within such territory of parents habitually resident therein voting machines. It allows voters to verify if their vote has and not established there for temporary purposes only. gone to the intended candidate. VVPAT machines can be • Article 331- Representation of the Anglo-Indian accessed by polling officers only. Community in the House of the People - The President • In a Public Interest Litigation (PIL) in the year 2013 filed by may, if he is of opinion that the Anglo-Indian community is Dr. Subramanian Swamy, Supreme Court directed the not adequately represented in the House of the People, Election Commission of India (ECI) to introduce VVPAT in a nominate not more than two members of that community phased manner. Thus, accordingly ECI started using VVPAT to the House of the People. at selected constituencies for elections to State Assemblies • Article 333- Representation of the Anglo-Indian and also in Parliament Election for 2014. ECI has also community in the Legislative Assemblies of the States - confirmed that VVPAT shall be used in all the The Governor of a State may, if he is of opinion that the parliamentary constituencies for the conduct of elections Anglo-Indian community needs representation in the to Lok Sabha in 2019. Legislative Assembly of the State and is not adequately represented therein, nominate one member of that

community to the Assembly. • Article 334 (b) - the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination, shall cease to have effect on the expiration of a period of

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TRANSPARENCY & GOOD GOVERNANCE

DISPROPORTIONATE ASSETS TRANSPARENCY • A public servant who is found to be in possession of assets disproportionate to his/her legal sources of income will be deemed to have committed “criminal misconduct”, and will & GOOD have to explain the sources of those assets. • Law enforcers have been empowered to immediately attach the illegal property of a public servant, invoking GOVERNANCE provisions of the Prevention of Money Laundering Act. • “Possession” of “illicit property” is cause for investigation/ ►PREVENTION OF CORRUPTION prosecution AMENDMENT ACT 2018 CORPORATE BRIBERY A new provision criminalises corporate bribery by bringing in Parliament last month passed crucial amendments to the “superior functionaries” of a commercial organisation into the Prevention of Corruption Act, 1988, changing definitions and ambit of direct accountability, if an employee/agent is found giving the anti-graft law more teeth. to have bribed with their approval, for advancement of the organisation’s interests.  AMENDMENTS INCLUDE

BRIBE ►LOKPAL ACT • The Bill describes bribe as an “undue advantage”, an expression used by the United Nations Convention Against LOKPAL Corruption, which India ratified in 2011 • Chairperson of the Lokpal • Any “gratification” other than legal remuneration (official • It shall consist of 8 members, out of which 50% should be salaries and perks) received by a public servant can be judicial members. construed as an undue advantage. • Not less than 50% of members of the Lokapl shall be from • “Gratification” would include things that can’t be measured SC, ST, OBC, Minorities and women. in money, as well as “gifts”. • Chairperson and members are appointed by the President COLLUSIVE BRIBE GIVER on the recommendations of a Selection Committee by As per the changed law, a “collusive” bribe giver can be warrant under his hand and seal and hold office for a punished with up to seven years in jail, and fined. term of 5 years from the date on which they enter office or until 70 years of age whichever is earlier. PUNISHMENT • All necessary steps shall be taken by the President for Punishment for corruption has been enhanced to a minimum appointment of a new chairperson and Members at least three years in jail, extendable up to seven years with fine, three months prior to the expiry of the term of from the earlier 6 months with an extension up to three incumbents. years. Repeat offenders will attract 5-10 years in prison, with • a fine. The expenses of the Lokpal shall be charged upon the Consolidated Fund of India. FASTER TRIALS • Remuneration: A corruption case must be “ordinarily” concluded between ο two and four years from the date of filing the case. For Chairperson: Equal to the Chief Justice of India ο PRIOR PERMISSION For Members: Equal to the judge of the SC. Functionaries at all levels, including those who are retired, QUALIFICATION OF A CHAIRPERSON OF THE LOKPAL can be prosecuted only with the permission of the • Is or has been Chief Justice of the Supreme Court or a “competent authority”. Earlier, this immunity was available judge of the Supreme Court only to officials of the level of Joint Secretary and above. The • An eminent person who fulfils required criteria for request for permission (granted or denied) must be members. processed within three months.

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TRANSPARENCY & GOOD GOVERNANCE

QUALIFICATION OF A MEMBER OF LOKPAL • Not less than 50% of members of the Search Committee • For judicial member: shall be from amongst SC, ST, OBC, Minorities and Women. • ο Is or has been Judge of the SC or is has been Chief The Selection Committee may also consider any person Justice of the HC. other than the person recommended by the Search Committee. • For member other than a Judicial Member: STATUTORY ORGANISATION OF LOKPAL ο Person of impeccable integrity and outstanding ability • having special knowledge and expertise of not less than Inquiry Wing headed by Director of Inquiry for conducting 25 years in the matters relating to anti-corruption preliminary inquiry into any offence alleged to have been policy, public administration, vigilance, finance including committed to by a public servant under the Prevention of insurance and banking, law and management. Corruption Act, 1988. • WHO CANNOT BE A CHAIRPERSON OR MEMBER: Prosecution Wing headed by Director of Prosecution for prosecuting of public servants in relation to any complaint • A MP or MLA of any State or Union, member of Panchayat by the Lokpal under the act. or Municipality • The jurisdiction of Lokpal may be exercised by benches. • A person less than 45 years of age, on the date of The Chairperson has the power to constitute benches. assuming office Each bench should have two or more persons with at least • A person who has been removed or dismissed from the one Judicial Member. service of the Union or a State. • Where a bench consists of a Chairperson, it will be • He should not hold any office of trust or profit (other than presided by him. his office as the Chairperson or a Member) or be affiliated • Where a bench consists of a judicial member and non- with any political party or carry on any business or practise judicial member, it will be presided by judicial member. any profession. Thus before joining the Lokpal as member • or Chairperson he should resign from the above The benches of Lokpal shall ordinarily sit at New Delhi and professions. at such other places as the Lokpal may specify. SELECTION COMMITTEE: Jurisdiction in respect of Inquiry: Lokpal conduct an inquiry into any matters involving allegation of corruption in respect • It comprises of of the following: ο (1) PM as the Chairperson, (2) Speaker of the LS, (3) • Prime Minister (current or former) Leader of Opposition of the LS, (4) CJI or a judge • nominated by CJI, (5) one eminent jurist as Minister of Union (current or former) recommended by top 4 members of the selection • Member of either House of Parliament (current or former) committee and nominated by the President. • Any Group A or Group B officer or equivalent or above • The selection committee for the purpose of selecting the (serving or retired) Chairperson and Members of Lokpal and for preparing a • Any Group C or Group D officer or equivalent or above panel of persons to be appointment constitute a Search (serving or retired) Committee. • All bodies established by an Act of Parliament or wholly or SEARCH COMMITTEE: partly funded by Central Government • It comprises of at least 7 members of standing and having • Any entity in receipt of any donation from any foreign special knowledge and expertise in the matters of anti- source under the FCRA, 2010 in excess of 10 Lakh in a year corruption policy, public administration, vigilance, policy or such higher amount as the Central Government may by making, finance, law and management which in the notification notify. opinion of Selection Committee may be useful in making Special safeguards before inequiry of PM by Lokpal the selection of the Chairperson and Members of the Lokpal. However, the Lokpal has been barred to conduct inquiry againt the PM for matters which relate to

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ο International relations, external and internal security, ο Liabilities and that of his spouse and his dependent public order, atomic energy or space children. ο Before initiation of inquiry against the PM (sitting or ο Annual return of assets and liabilities as on 31st March former), full bench of Lokpal consisting of Chairperson to be filed by 31st July of every year to competent and Members should consider the initiation of inquiry authority. and at-least 2/3rd of its Members should approve ο Competent authority in respect of each Ministry or conducting such inquiry. Department shall ensure that all such statements are ο Any such inquiry involving the PM shall be held in published on the website of such Ministry or Departments by 31st August of that year. camera and if Lokpal comes to the conclusion that the complaint should be dismissed, the records of inquiry ο If any public servant wilfully of for reasons which are shall not be published or made available to anyone. not justifiable fails to declare or gives misleading information about assets and is found to be in • No inquiry can be made by Lokpal in case of a person possession of assets not disclosed then such assets serving in connection with the affairs of a State, without shall, unless otherwise proved, be presumed to be the consent of the State Government. assets acquired by corrupt means. POWERS OF LOKPAL Provision for one year punishment and fine up to Rs 1 lakh • Powers of superintendence and to give direction to CBI in for false complaints. However, no action will be taken for respect of matters referred by the Lokpal for preliminary complaints made in good faith. inquiry

• Power of civil courts ►INTEGRITY INDEX OF 25 • Power of search and seizure ORGANIZATIONS • Provisional attachment of assets where the Lokpal or any officer on its behalf has reason, recorded in writing to • The CVC has recently developed Integrity Index in order to believe that reduce corruption and incentivise the organisations to improve their internal processes and controls so as to ο A person in in possession of any proceeds of corruption improve the vigilance mechanism. • Power of Lokpal to recommend to the Central Government • The Integrity Index will bring out annual scores/rankings of for transfer or suspension of public servant connected Public Sector Undertakings/Public Sector Banks and with allegation of corruption. The Centre government shall Financial Institutions/Departments/Ministries of ordinarily accept the recommendation on the Lokpal Government of India by linking the essential drivers of except for reasons to be recorded in writing. vigilance with long term efficiency, profitability and • Power of Lokpal to give directions to prevent destructions sustainability of public organizations and create an internal to records during preliminary inquiry. and external ecosystem that promotes working with SPECIAL COURTS Integrity in public organizations. Central Government to constitute special courts on the • This index has been developed in association with IIM recommendation of Lokpal to hear and decide cases arising Ahmedabad and would initially cover 25 organisations. out of the PCA or under this Act. Special courts to ensure Subsequently, it is proposed to extend the Integrity Index completion of each trial within a period of 1 year from the concept to all other CPSUs and organizations of date of filing of the case in the Court. Government of India. DECLARATION OF ASSETS • Every public servant to make a declaration of his assets and liabilities within a period of 30 days from the date on ►INTEGRITY PACT which he makes and subscribes an oath or affirmation to IN NEWS enter upon his office, The controversy over Rafale Deal has gathered steam ο Assets of him, his spouse and his dependent children including allegations of corruption on the government by the are jointly or severally, owners or beneficiaries opposition parties. Countering charges of corruption, former Indian Air Force (IAF) official who headed the Indian 78 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

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Negotiating Team (INT) on the deal said there were no anti- information is so broad, it is argued that the colonial law is corruption clauses even in the Inter-Governmental in direct conflict with the Right to Information Act. Agreements (IGA) with Russia and the U.S. EXPLAINED ►GLOBAL RTI RANKING • The Integrity Pact (IP) is an anti-corruption tool to help government to fight corruption in the field of public IN NEWS th contracting and procurement. It consists of an agreement • India has slipped to 6 position in a recent Global Ratings between a government department and all bidders for on Right to Information (RTI), a programme founded by a contract. the Centre for Law and Democracy (CLD), a Canada- based non-governmental organisation, along with Access • The IP sets out their rights and obligations to the effect Info Europe. that neither side will pay, offer, demand or accept bribes • or collude with competitors to obtain the contract, or while The Global RTI Rating provides a reliable assessment both of the overall strength of the legal framework and the carrying it out. strengths and weaknesses of the legal framework in seven • As per integrity pact, only those vendors/ bidders, who different categories, namely: Right of Access, Scope, commit themselves to such a Pact with the buyer, would Requesting Procedures, Exceptions and Refusals, Appeals, be considered competent to participate in the bidding Sanctions and Protections, and Promotional Measures. process. • Further, there are a total of 61 Indicators (for a possible • In other words, entering into this Pact must be preliminary total of 150 points).The Indicators are drawn from a wide criteria for all contracts and procurements involving public range of international standards on the right to offices. information, as well as comparative study of numerous right to information laws from around the world.

• The RTI rating system was launched on Right to Know Day, ►OFFICIAL SECRETS ACT 1923 which is on 28th September 2011. IN NEWS INDIA’S SCORE Official Secrets Act (OSA), 1923 has been in news especially in India scored the following points on various parameters: the context of freedom of press to publish stolen documents Categories Score from the Ministry of Defence which the government believes to be state secrets and revealing of which amounts to Right of Access 5 criminal offence. Scope 25 EXPLAINED Requesting Procedures 25 • The OSA, 1923 broadly deals with two aspects — ο Penalty for Spying or espionage, which is dealt with in Exceptions and Refusals 26 Section 3 of the Act. Appeals 29 ο Disclosure of other secret information of the Sanctions and Prosecutions 5 government, which is dealt with in Section 5. • Under Section 5, both the person communicating the Promotional Measures 13 secret information, and the person receiving the Total Score 128/150 information, can be punished by the prosecuting agency. • th th • OSA targets officials and civilians who have India slipped from 4 position in 2011 to 6 position in 2018 despite no major changes in Right to Information Act, documents/code/materials etc which can be classified as 2005. “secret information.” • As per the ratings, out of the 61 indicators, there are nine • Secret Information - The secret information can be any indicator categories under which India’s points have been official code, password, sketch, plan, model, article, note, downgraded. document or information. Since the classification of secret 79 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

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• Further exclusion of Jammu and Kashmir from jurisdiction the constitution of a Central Information Commission and of RTI and broad exemption to 18 bodies under Section 24 State Information Commission. which includes various intelligence and security • Democracy requires an informed citizenry and organisations reduced India’s points. transparency of information which are vital to its India also lost some points from its competition as per the functioning and also to contain corruption and to hold Rating’s “Harm’s Test” as Section 8 of RTI Act, which denies Governments and their instrumentalities accountable to access to information to general public if the disclosure of the governed. information affect the sovereignty and integrity of India, the • Revelation of information in actual practice in likely to security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an conflict with other public interests including efficient offence - was one of the reason. operations of the Governments, optimum use of limited fiscal resources and preservation of confidentiality of

sensitive information. ►SECTIONS 69 OF THE INFORMATION COMPETENT AUTHORITY TECHNOLOGY ACT (SNOOPING) • Speaker in the case of Lok Sabha or the Legislative IN NEWS Assembly and Chairman in the case of the case of Rajya Sabha or Legislative Council of a State. Home Ministry has come up with new order by authorising 10 central government agencies to monitor, intercept and • CJI in the case of SC decrypt information which is transmitted, generated, stored • Chief Justice of High Court in case of a High Court or received by any computer. • President or Governor in the case of other authorities EXPLAINED established or constituted by or under the Constitution. • Any person who fails to assist these government agencies • Administrator appointed under Article 239 of the can face upto 7 years of imprisonment or be liable for a Constitution fine. WHAT CONSTITUTES INFORMATION UNDER THE RTI ACT? • Section 69 of IT Act, 2000 – Power of central government or a state government to issue directions for interception • Any material in any form, including records, documents, or monitoring or decryption of any information through memos, emails, opinions, advices, press releases, any computer resource if it is necessary or expedient so to circulars, orders, logbooks, contracts, reports, papers, do, in the interest of the samples, models, data material held in any electronic form ο sovereign and information relating to any which can be accessed by a public authority under any other law. ο to above or for investigation of any offence. nty or integrity of India, (a) any document, manuscript and file; (b) any microfilm, ο defence of India, microfiche and facsimile copy of a document; (c) any reproduction of image or images embodied in such ο security of the State, microfilm (whether enlarged or not); and (d) any other ο friendly relations with foreign States or public order or material produced by a computer or any other device; ο for preventing incitement to the commission of any WHO COMES UNDER PUBLIC AUTHORITY? cognizable offence relating • Any authority or body or institution of self-government established or constituted ►RIGHT TO INFORMATION ACT, 2005 ο By or under the Constitution, law made by Parliament, State Legislature, by notification issued or order made OBJECTIVE by the appropriate Government. • Setting out practical regime of right to information for ο Also includes body owned, controlled or substantially citizens to secure access to information under the control financed or NGO substantially financed directly or of public authorities, in order to promote transparency indirectly by funds provided by appropriate and accountability in the working of every public authority, Government. 80 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

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Right to information means right to access information which • CPIO or SPIO may seek the assistance of any other officer is held by or under the control of any public authority and as he or she considers necessary for the proper discharge includes right to: of his or her duties. Any officer whose assistance has been • Inspection of works, documents, records sought by the CPIO or SPIO should render all assistance to them. The officer shall be treated as a CPIO or SPIO. • Taking notes, extracts or certified copies of documents or • records. A person seeking to obtain any information under this Act should make a request in writing or through electronic • Taking certified samples of material means in English or Hindi or in the Official language of the • Obtaining information in the form of diskettes, floppies, area specifying the particulars of information sought by tapes, video cassettes or in any other electronic mode or him , accompanying such fee as prescribed to: through printouts where such information is stored in a ο CPIO or SPIO of the concerned public authority computer or in other device. ο CAPIO or SAPIO OBLIGATIONS OF PUBLIC AUTHORITIES ο In cases where request for information cannot be made • To facilitate RTI: Maintain all its record duly catalogued and in writing, the CPIO or SPIO to render all reasonable indexed in a manner and the form. Ensure all records are assistance to the persons making the request orally to computerised within a reasonable time and subject to reduce the same in writing. availability of resources and connected through a network ο all over the country on different systems. No reason or personal information shall be required to be given by the person seeking information except • Suo moto disclosure of information to public at regular those necessary for contacting him. intervals through various means of communication • including internet, so that public have minimum resort to When an application is made to a public authority use RTI act to obtain information. requesting for an information which is held by another public authority, the public authority receiving such • Every information should be disseminated widely and in application shall transfer the application to the other such form and manner which is easily accessible to the public authority and inform the applicant immediately public. about such transfer. Transfer of the application should be • Materials should be disseminated taking into made in minimum 5 days from the date of reciept of the consideration the cost effectiveness, local language and application. most effective method of communication in local area. The • On receipt of a request for information, the CPIO or SPIO information should be easily accessible, to the extent should provide the information on payment of fee as soon possible in electronic format with the Central Public as possible maximum up to 30 days from the receipt of Information Officer (CPIO) or State Public Information request. Officer (SPIO) available free or at such cost of the medium • or the print cost price. However, when the information sought concerns the life or liberty of a person, it should be provided within 48 hours • Every public authority to designate as many officers as of receipt of request. CPIO or SPIO in all administrative units or offices under it. • Information to be provided free of cost when a public • Every public authority to designate an officer at each sub- authority fails to comply with the time limits. divisional level or other sub-district level as a Central • Assistant Public Information Officer (CAPIO) or a State When a request for information is rejected, the CPIO or Assistant Public Information Officer (SAPIO) or senior SPIO to communicate to the person making the request officer, Central Information Commission (CIC) or the State ο Reasons for such rejection; period within which an Information Commission (SIC). appeal against such rejection may be preferred, • Every CPIO or SPIO shall deal with requests from persons particulars of the appellate authority. seeking information and render reasonable assistance to EXEMPTION FROM DISCLOSURE OF INFORMATION persons seeking information. • Information affecting the sovereignty and integrity of India, security, strategic or economic interests of the State,

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relations with foreign State or lead to incitement of CENTRAL INFORMATION COMMISSION offence. • It will consist of Chief Information Commissioner (CIC) and • Information which is forbidden to be published by any Central Information Commissioners (IC) (not exceeding 10) court of law or tribunal or the disclosure of which may • The CIC and IC shall be appointed by the President on the constitute contempt of court. recommendations of a committee consisting of: • Revealing of information which may constitute breach of ο PM, Leader of Opposition in the LS, Union Cabinet privilege of Parliament or the State Legislature. Minister to be nominated by the PM. • Information relating to commercial confidence, trade • CIC and ICs shall be persons of eminence in public life with secrets or Intellectural property, the disclosure of which wide knowledge and experience in law, science and would harm the competitive position of a third party, technology, social service, management, journalism, mass unless the competent authority is satisfied that larger media or administration and governance. public interest warrants the disclosure of such • The CIC or an IC shall not be a MP or MLA or hold any information. other office of profit or connected with any political party • Information available to a person in his fiduciary or carrying on any business or pursuing any profession. relationship • CIC to hold office for a term of 5 years and shall not be • Information received in confidence from foreign eligible for reappointment. Upper age limit of 65 years. Government • IC shall hold office for a term of 5 years till he attains 65 • Information, the disclosure of which would endanger the years of age. He shall not be eligible for reappointment as life or physical safety of any person or identify the source Information Commissioner. However, he shall be eligible of information or assistance given in confidence for law for appointment as the CIC. When the IC is appointed as enforcement or security purposes. CIC, his term of office shall not be more than 5 years in • Information which would impede the process of aggregate as the IC and the CIC. investigation or apprehension or prosecution of offenders. • CIC and IC to take oath before the President before • Cabinet papers including records of deliberation of the entering office. Council of Ministers, Secretaries or prosecution of REMOVAL OF CIC AND IC offenders. Decisions of Council of Ministers, the material • CIC and IC can write to the President and resign; basis on which the decisions were taken shall be made public after the decision has been taken, the matter is • CIC and IC can be removed only by order of President on complete, or over. the ground of proved misbehavior or incapacity after the SC, on a reference to it by the President has, on • Information which relates to personal information the inquiry, reported that the CIC or any IC ought on such disclosure of which has no relationship to any public ground be removed. activity or interest, or which would cause invasion of privacy of the individual unless the CPIO or SPIO or the • President may by order remove from office the CIC or any appellate authority is satisfied that larger public interest IC if they are: justifies the disclosure of such information. Provided that ο Adjudged to be insolvent the information which cannot be denied to Parliament or ο Has been convicted of an office which, in the opinion of State Legislature shall not be denied to any person. the President, involves moral turpitude • Notwithstanding anything in Official Secrets Act, a public ο Engages during his term of office in any paid authority may allow access to information, if public employment outside the duties of his office. interest in disclosure outweighs the harm to the protected ο interests. Is in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body GROUNDS FOR REJECTION TO ACCESS IN CERTAIN CASES ο Has acquired such financial or other interest as is likely Involve an infringement of copyright subsisting in a person to affect prejudicially his functions as the CIC or a IC. other than the State.

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• If the CIC or any IC is concerned or interested in any . By enhancing the provision of training on the RTI for contract or agreement made by or on behalf of the GOI or its officials participates in any way in the profit or in any benefit or . By providing it with an annual report in compliance emolument arising from them, he shall for the purposes ο Require the public authority to compensate the be deemed to be guilty of misbehavior. complaint for any loss or other detriment suffered. • Conditions of service: ο Impose any of the penalties under this act ο For the CIC same as Chief Election Commissioner ο Reject the application. ο For the IC same as Election Commissioner • Provision of Penalties to ensure compliance: ο The salaries, allowances and other condition of service ο CIC or SIC can impose a penalty of 250 each day till of the CIC and IC shall not be varied to their application is received or information is furnished, so disadvantage after their appointment. however, the total amount of such penalty shall not POWERS AND FUNCTIONS OF THE INFORMATION exceed 25,000 rupees. The CPIO or the SPIO shall be COMMISSIONS given a reasonable opportunity of being heard before • It is the duty of Central Information Commission and State any penalty is imposed on him. Information Commission to receive and inquire into a ο CIC and SIC can recommend for disciplinary action complaint from any person against the CPIO or the SPIO under the service rules ο Who has been unable to submit a request to a CPIO or applicable to him. SPIO either by reason that no such officer has been OTHER PROVISIONS appointed, if the CPIO or SPIO has refused to accept the • RTI act to have overriding effect over the Official Secrets application Act, 1923. ο Who has been refused access to any information • The Act does not apply to the intelligence and security requested under this Act organisations other organisations can be added to this list ο Who has not been given a response to a request for by notification (both Central and State Governments). All information requested under this Act such notifications have to be placed before each House of ο Who has been required to pay an amount of fee which Parliament. he or she considers unreasonable. However, the information pertaining to the allegations of ο Who believes that he or she has been given incomplete, corruption and human rights violations shall not be misleading or false information under this Act. excluded. In respect of allegations of violation of human rights, the information shall only be provided after the • The CIC and SIC are satisfied that there are reasonable approval of the CIC. grounds to inquire into the matter, it may initiate an • inquiry. CIC and SIC to prepare a report on the implementation of the provisions of RTI Act during that year and forward a • CIC and SIC enjoy powers of civil court. copy thereof to the appropriate Government. The State or • In its decision, the CIC and SIC has powers to Central Government to place the annual report of the SIC ο Require the public authority to or CIC before Parliament or State Legislature of each house. . To provide access to information, in a particular form • Each Ministry or Department to collect and provide . By appointing a CPIO or SPIO information to the CIC or SIC about the number of . By publishing certain information or categories of requests under RTI made to each public authority, number information of information revealed, not revealed, number of appeals . By making necessary changes to its practices in referred to the CIC or SIC for review, particulars of any relation to the maintenance, management and disciplinary action taken for administration of this act etc. destruction of records. • If it appears to CIC or SIC that practice of a public authority in relation to the exercise of its functions under this Act

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does not conform with the provisions or spirit of this Act, it beneficiaries and audit of works, services, and may give to the authority a recommendation specifying the programmes on an annual basis. steps which ought in its opinion to be taken for promoting • A social audit facilitator will be appointed to conduct the such conformity. audit directly with the people • Appropriate Government to prepare programmes, to the • He will present findings to the Gram Sabha, who will add extent of availability of financial and other resources. inputs and the result will finally go to the auditors. ο Develop and organise educational programs to advance MORE INFORMATION understanding of public, disadvantaged communities • Social audits refer to a process where potential and about RTI existing beneficiaries evaluate the implementation of a ο Encourage public authorities to participate in the programme by comparing official records with ground development and organisation of programs realities ο Promote timely and effective dissemination of accurate • The beneficiaries, implementing agency come together information by public authorities about their activities and discuss about the implementation and progress of a ο Train CPIO or SPIO of public authorities and produce particular programme relevant training materials for use by the public • It is legally mandated in the MGNREGA Act authorities themselves.

►E-SAMIKSHA ►APP FOR MPS TO TRACK Central government departments have been asked to work DEVELOPMENT out specific targets to be achieved by 2022 which will be The Government introduced a new app called UPaAI (unified monitored by PM under eSamiksha platform. planning and analysis interface) or ‘solution’ in English, to EXPLAINED track the development work • is an online monitoring and compliance mechanism EXPLAINED developed by Cabinet secretariat • It will provide an integrated platform for data on • technical help from National Informatics Centre infrastructure and social indices for each constituency • It is used for tracking the progress on projects • It will be monitored by PMO and is in line with Digital • E-Samiksha portal is designed to enhance efficiency, India initiative bring transparency, increase accountability, and • It is expected to provide district-wise information to the improve the communication between Government to MP Government, Business to Government and vice versa • The follow-up action in respect of each decision is to be ►THE MEGHALAYA COMMUNITY updated by the concerned Ministry/Department/Agency as and when the status changes or at least every month. PARTICIPATION AND PUBLIC • Different users such as the PMO/Cabinet Secretariat/ SERVICES SOCIAL AUDIT ACT, 2017 Ministries/Departments can securely access the system With the launch of ‘The Meghalaya Community Participation through a log-in/password. and Public Services Social Audit Act, 2017’, Meghalaya has • This system can also be configured to review the follow up become the first state in India to operationalise a law that action in respect of other meetings, if required. makes social audit a part of government practice. .

PROVISIONS OF THE BILL ►UMANG APP • It provides a legal framework for allowing citizens’ participation in the planning of development, selection of Government has recently launched UMANG or Unified Mobile Application for New-age Governance app..

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EXPLAINED • UIDAI may required Aadhaar number holder to update • Aims to facilitate single point of access for government their demographic information and biometric information, services (centre, state and utility services) through mobile from time to time, to ensure continued accuracy of their information in the Central Identities Data Repository. • It is a multi-utility app and integrates with other core government services of Aadhaar, DigiLocke AUTHENTICATION • It supports 13 Indian languages • Central or State Governments can make Proof of Aadhaar • It has been developed by the Ministry of Electronics and necessary for receipt of certain subsidies, benefits and Information Technology (MeitY) and National e- services which are spent from the Consolidated fund of Governance Division (NeGD) India. Provided that if an Aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of the ►E-OFFICE subsidy, benefit or service. • Establishment of Unique Identification Authority of Recently, government awarded certificates of appreciation India: The Aadhar establishes UIDAI as a statutory body. to 34 central government ministries for implementing “e- office “in departments • It will be responsible for the processes of enrolment and ABOUT E-OFFICE authentication. The head office of UIDAI shall be in New Delhi. • It is a project which intends to make transition of government functions from manual to digital ones. COMPOSITION • It is a core mission mode project (MMP) under the • Chairperson and Members of UIDAI shall be persons of eKranti: National e-Governance Plan (NeGP) 2.0. ability and integrity having experience of at least 10 years in technology, finance, governance, law etc. Their term will • The Department of Administrative Reforms and Public Grievances (DAR&PG) is the nodal department for be of three years and they shall be eligible for re- implementation of e-office project appointment. However, they cannot continue in their office once they attain 65 years of age. • National Informatics Centre (NIC) is the technical • partner in this project. It functions under Ministry of Electronics and Information Technology. MORE INFORMATION • Chief Executive Officer, UIDAI: It is statutory post created • e-Kranti: National e-Governance Plan 2.0- It is one of the pillars of Digital India Programme, to ensure delivery of by the Aadhaar Act. He shall not be below the rank of all government services electronically to citizens Additional Secretary and will be appointed by Central Government.

• The CEO will be responsible for: ►AADHAR ACT AND ORDINANCE ο Day to day administration of the authority PROPERTIES OF AADHAAR NUMBER ο Implementing the work programs and decisions • Aadhaar number issued to an individual shall not be re- adopted by the authority assigned to any other individual ο Drawing up of proposals for the Authority's decisions • It is a random number and bears no relation to the and work programs attributes or identity of the Aadhaar number holder. ο Preparation of statement of revenue and expenditure • Aadhaar number in physical or electronic form may be and execution of the budget of Authority accepted as proof of identity of the Aadhaar number • holder. Powers and functions of UIDAI: • UIDAI to take special measures to issue Aadhaar number (a) specifying, by regulations, demographic information and to women, children, senior citizens, persons with disability, biometric information required for enrolment and the unskillied and unorganised workers, nomadic tribes etc. processes for collection and verification thereof;

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(b) collecting demographic information and biometric (p) appointing such committees as may be necessary to assist information from any individual seeking an Aadhaar the Authority in discharge of its functions for the purposes number in such manner as may be specified by of this Act; regulations; (q) promoting research and development for advancement in (c) appointing of one or more entities to operate the Central biometrics and related areas, including usage of Aadhaar Identities Data Repository; numbers through appropriate mechanisms; (d) generating and assigning Aadhaar numbers to individuals; (r) evolving of, and specifying, by regulations, policies and (e) performing authentication of Aadhaar numbers; practices for Registrars, enrolling agencies and other service providers; (f) maintaining and updating the information of individuals in the Central Identities Data Repository in such manner as (s) setting up facilitation centres and grievance redressal may be specified by regulations; mechanism for redressal of grievances of individuals, Registrars, enrolling agencies and other service providers; (g) omitting and deactivating of an Aadhaar number and information relating thereto in such manner as may be PROTECTION OF INFORMATION specified by regulations; • Aadhaar number issued to individual shall be a 12 digit (h) specifying the manner of use of Aadhaar numbers for the number. Also alternative virtual identity as an alternative purposes of providing or availing of various subsidies, to the actual Aadhaar number of an individual can be benefits, services and other purposes for which Aadhaar generated by the UIDAI in such manner as may be numbers may be used; specified by regulations. (i) specifying, by regulations, the terms and conditions for Special Provisions for Aadhaar Number for Children (less appointment of Registrars, enrolling agencies and service than 18 years of age): providers and revocation of appointments thereof; ο Enrolling agency at the time of enrolment of a child to (j) establishing, operating and maintaining of the Central seek consent of the parent or guardian and inform the Identities Data Repository; parent or guardian that a child who is an Aadhaar number holder may within a period of 6 months of (k) sharing, in such manner as may be specified by attaining 18 years of age can make an application to regulations, the information of Aadhaar number holders, UIDAI for cancellation of his Aadhaar number. subject to the provisions of this Act; ο A Child shall not be denied any subsidy, benefit or (l) calling for information and records, conducting service in case of failure to establish his identity by inspections, inquiries and audit of the operations for the undergoing authentication or to whom no Aadhaar purposes of this Act of the Central Identities Data number has been assigned. Repository, Registrars, enrolling agencies and other agencies appointed under this Act; OFFLINE VERIFICATION OF AADHAAR NUMBER • (m)specifying, by regulations, various processes relating to Every offline verification seeking entity shall before data management, security protocols and other performing offline verification, obtain the consent of an technology safeguards under this Act; individual, or in case of child - his parent or guardian. The entity will also ensure that the information collected from (n) specifying, by regulations, the conditions and procedures the individual is used only for the purpose of verification. for issuance of new Aadhaar number to existing Aadhaar • number holder; The offline verification seeking entity shall inform the individual or parent or guardian of child: (o) levying and collecting the fees or authorising the ο Registrars, enrolling agencies or other service providers to Nature of information that may be shared upon offline collect such fees for the services provided by them under verification this Act in such manner as may be specified by ο Uses to which the information received during offline regulations; verification may be put by the offline verification seeking entity. ο Alternatives to submission of information requested for

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TRANSPARENCY & GOOD GOVERNANCE

• Restrictions on offline verification seeking entity: extend to Rs 1 crore for each contravention and in case of ο It cannot subject an Aadhaar number holder to continuing failure, with additional penalty which may authentication extend to Rs 10 lakh for every day during which the failure continues after the first contravention. UIDAI will appoint ο Collect, use or store an Aadhaar number or biometric an officer not below the rank of Joint Secretary to be an information of any individual for any purpose. Adjudicating Officer for holding an inquiry in the above • Creation of UIDAI Fund to which will be credited: matters. No inquiry shall be initiated except by a complaint ο All grants, fees and charges received by UIDAI made by the Authority. • ο All sums received by the Authority from such other Telecom Disputes Settlement and Appellate Tribunal sources as may be decided upon by the Central (TDSAT) established under the TRAI Act, 1997 shall be Government. Appellate Tribunal for hearing appeals against the decision of Adjudicating officer under this Act. Appeal to TDSAT can ο The UIDAI fund will be used for meeting the salaries and be made within period of 45 days against the order of allowances payable to the Chairperson and members Adjudicating Officer. However, the Appellate Tribunal can and administrative expenses and the expenses on entertain an appeal after 45 days if it is satisfied that there objects and for purposes authorised by this act. was sufficient cause for not filling it within that period. • Protection of Information: UIDAI to ensure security of • Appeal to the order of TDSAT shall lie to the Supreme identity information and authentication records of Court of India on any substantial question of law. individuals. UIDAI to take all necessary measures to ensure that information in the possession or control of the OTHER OFFENCES it, including information collected in the Central Identities • Penalty for impersonation - Punishable with imprisonment Data Repository is secured and protected against access, for a term which may extend to 3 years, fine of Rs 10 use or disclosure not permitted under this act. Necessary thousand. steps will be taken against accidental or intentional • Penalty for collection identity information under this act destruction, loss or damage. but is not authorized to do so 3 years, fine of 10 thousand DISCLOSURE OF INFORMATION IN CERTAIN CASES or in the case of a company, with a fine which may extend • Information collected under the Aadhaar including identity to 1 lakh rupees. information or authentication records can be revealed • Penalty for unauthorised access to Central Identities Data persuant to an order of the HC. However, no order to Repository - punishable with imprisonment for a term of reveal information can be made by the HC without giving 10 years, fine of Rs 10 lakh. an opportunity of hearing to the UIDAI and the concerned • Penalty for tampering with data in CIDR: 10 years and shall Aadhaar number holder. Core biometric information also be liable to a fine which may extend to Rs 10 cannot be disclosed under this. thousand. • Disclosure of information including identity information • The court can take cognizance of any offence on the and authentication records, made in the interest of complaints made by an Aadhaar number holder or national security as per direction of an officer not below individual or UIDAI. No court inferior to Chief the rank of Secretary specially authorised in this behalf by Metropolitan Magistrate and a Chief Judicial an order of the Central Government. Every direction Magistrate shall try any offence punishable under this issued, will be reviewed by an Oversight Committee act. consisting of the Cabinet Secretary, Secretary, Department of Legal Affairs and Secretary, Department of Electronics and Information Technology, before it takes effect. The ►AADHAAR CONSTITUTIONALLY direction can be valid for a period of three months which can be extended further by three months. VALID PENALTIES A Constitution Bench of the Supreme Court in Justice K S Puttawamy case upheld the validity of Aadhar act by a 4:1 • Penalty for failure to comply with provisions of this Act, majority. rules, regulations and directions. Civil penalty which may 87 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

TRANSPARENCY & GOOD GOVERNANCE

EXPLAINED The Supreme Court struck down Sections 33(2), 47 and 57 of • Aadhaar scheme, which is backed by the Aadhaar Act, the Aadhaar Act. passes thetriple test • Section 33 (2): Section 33(2) allowed identity and 1. Existence of a law - backed by the statute i.e. authentication data to be disclosed in the interest of the Aadhaar Act, 2016 national security on direction of an officer not below the rank of Joint Secretary to the Government of India. 2. A legitimate state interest – ensuring social benefit • schemes to reach the deserving and poor Section 47: Section 47 of the Aadhaar Act referred to cognizance of offences. Under this Section, no court is 3. Test of proportionality - balances benefits of Aadhaar allowed to take cognizance of any offence punishable and the potential threat it carries to the fundamental under this Act, except on a complaint made by the right to privacy. authority of officer or person authorised by it. The Section • UIDAI, which oversees the Aadhaar enrolment exercise — also disallows courts below that of a Chief Metropolitan does not collect purpose, location or details of the Magistrate or a Chief Judicial Magistrate to try any offence transaction punishable under this Act. • UIDAI has mandatedonly registered devices to conduct • Section 57: Section 57 of the Aadhaar Act referred to the biometric-based authentication transactions. use of Aadhaar data by any “body corporate or person” • To ensure non tracking, the Court ordered that to establish the identity of an individual. Justice Sikri, in Authentication logs should be deleted after six months, his judgment, found this section to be unconstitutional. It instead of the five years required under the existing was under this provision that private companies like Paytm Regulation 27(1) of the Authentication Regulations and Airtel Payments Bank sought Aadhaar details from customers. • Linking of bank accounts and all other financial instruments such as mutual funds, credit cards, insurance MORE INFORMATION policies, etc. with Aadhaar mandatory, is declared • Where AADHAR is mandotry: Welfare schemes (PDS, unconstitutional LPG, MGNREGA etc.) • I-T returns • Linking to PAN card • The SC has upheld the validity of the Aadhaar Act • Where AADHAR is not mandatory: • Banks accounts • being passed as a Money Bill. SIM cards • Private companies • School admissions • NEET, • The SC has upheld the validity of Section 59 that also UGC, CBSE validates all Aadhaar enrolment done prior to the enactment of the Aadhaar Act, 2016

• The court has said that since enrolment was voluntary in

nature, those who specifically refuse to give consent would be allowed to exit the Aadhaar scheme.

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MISCELLANEOUS

►CENTRE FOR RESEARCH AND MISCELLANEOUS PLANNING • The Chief Justice of India has established an in house 'think ►INDIA URBAN DATA EXCHANGE tank' to strengthen the knowledge infrastructure of (IUDX) Supreme Court of India. Ministry of Housing and Urban Affairs (MoHUA) has • It would be to carry out cutting edge research into announced initiation of a research project with Indian "fundamental jurisprudence and principles and doctrines Institute of Science (IISc), Bangalore titled “India Urban of law" as well as on "judicial reforms" for improvement in Data Exchange (IUDX), an open source software platform "justice delivery" and "judicial independence". aimed at enabling cities to harness full potential of the enormous data being generated in our smart cities (which is a program of MoHUA to develop 100 Smart cities). ►PATHALGADI MOVEMENT • Huge stone plaques, known locally as Pathalgadi, are raised at the entry points of tribal hamlets. ►CITY DATA INITIATIVE • The plaques have messages carved on them. Ahmedabad, Bhubaneswar, Bhopal, Chennai and Vijayawada • These include excerpts from the Panchayats (Extension join the City Data for India Initiative, a collaboration of Tata to Scheduled Areas) Act, 1996 (PESA) as well as warnings Trusts and World Council on City Data to outsiders, prohibiting them from entering the village. ABOUT THE INITIATIVE • In Munda tribal custom, placement of a huge stone marks • The Tata Trusts and the World Council on City Data the death of a person. The Pathalgadi movement draws on (WCCD) have established a major partnership to deliver this tradition of honouring the community’s ancestors. the City Data for India Initiative. • This movement has spread in Jharkhand, Chhattisgarh, • The goal of the City Data for India Initiative is to contribute Odisha and parts of West Bengal and Madhya Pradesh. to improved infrastructure services, inclusive prosperity

and quality of life for millions of Indian urban citizens. • A pilot phase of the City Data for India Initiative was ►GLOBAL MEDIA COMPACT launched in 2016 with three cities – Pune, Surat and • The United Nations announced today the launch of the Jamshedpur SDG Media Compact, an initiative marking a new drive to ABOUT WORLD COUNCIL ON CITY DATA (WCCD) advance awareness of the Sustainable Development • The World Council on City Data (WCCD) is the global leader Goals (SDGs). in standardized city data - creating smart, sustainable, • The Compact seeks to inspire media and entertainment resilient, and prosperous cities. companies around the world to leverage their resources • As a global leader on standardized metrics, the WCCD is and creative talent to advance the Goals. implementing ISO 37120 Sustainable Development of • India's ministry of information and broadcasting is among Communities: Indicators for City Services and Quality of more than 30 organisations across the world that have Life, the new international standard; created by cities, for come together for this compact. cities. • The WCCD has developed the first ISO 37120 ►BEYOND FAKE NEWS PROJECT certification system and the Global Cities Registry • The UK-based broadcasting channel BBC will launch the MISSION SATYANISHTHA Beyond Fake News project on how and why • Initiative of Ministry of Railways to promote ethics and misinformation is shared in India. integrity in employees. • The project is based on findings from original BBC

research into how and why disinformation is shared by

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MISCELLANEOUS

accessing the user’s encrypted messaging app in India, MONITORING IMPLEMENTATION OF ACT Kenya and Nigeria. National and State Commissions for persons with disabilities: The central and state governments are required to establish a National and State Commissions for Persons with Disabilities, ►WORLD GOVERNMENT SUMMIT respectively • The World Government Summit is an annual event held RIGHTS OF THE PERSONS WITH DISABILITIES in Dubai, UAE. • Right to Equality • The World Government Summit is a neutral, non-profit • Right against Discrimination organization at the intersection of government and innovation. • Protection from inhuman treatment • It functions as a knowledge exchange platform for leaders • All existing public buildings shall be made accessible for in the public and private sectors to convene and disabled persons within five years of the regulations being collaborate with world-renowned experts to create a formulated by the National Commission for Persons with positive impact for citizens worldwide. Disabilities. • No establishment will be granted permission to build any structure, issued a completion certification or allowed to ►THE RIGHT OF PERSONS WITH occupy a building, if the building does not adhere to the DISABILITIES ACT 2016 regulations formulated by the Commission. The Right of Persons with Disabilities Act 2016 repeals the RESERVATION Persons with Disabilities (Equal Opportunities Protection of • All government institutions of higher education and those Rights and Full Participation) Act, 1995. The New Act will bring getting aid from the government are required to reserve at our law in line with the United National Convention on the least five percent of seats for persons with benchmark Rights of Persons with Disabilities (UNCRPD), to which India is disabilities. a signatory. This law is implemented by Ministry of Social • At least five percent of the vacancies are to be filled by Justice and Welfare persons or class of persons with at least 40 percent of any DEFINITION OF DISABILITY of the disabilities. • Disability is defined to include 19 conditions such as: • Of this, one per cent shall be reserved for persons with (i) autism; low vision and blindness; cerebral palsy; deaf blindness and low vision; (ii) hearing and speech blindness; haemophilia; hearing impairment; leprosy; impairment; (iii) locomotor disability; (iv) autism, intellectual disability; mental illness; muscular dystrophy; intellectual disability and mental illness; and (v) multiple multiple sclerosis; learning disability; speech and language disabilities. disability; sickle cell disease; thalassemia; chronic

neurological conditions; and multiple disability. • Persons with benchmark disabilities are defined as those ►THE RIGHT TO FAIR COMPENSATION with at least 40 per cent of any of the above specified AND TRANSPARENCY IN LAND disabilities. ACQUISITION, REHABILITATION AND NOTE: Speech and Language Disability and Specific RESETTLEMENT ACT, 2013 Learning Disability have been added for the first time. Acid Attack Victims have been included. Dwarfism, • This Act replaces the Land Acquisition Act, 1894 and muscular dystrophy have has been indicated as separate provides for Land acquisition, rehabilitation and class of specified disability. The New categories of resettlement. Though land is a state subject, "acquisition disabilities also included three blood disorders, and requisitioning of property" is in the concurrent list. Thalassemia, Haemophilia and Sickle Cell disease. In Both Parliament and state legislatures can make laws on addition, the Government has been authorized to notify this subject. any other category of specified disability.

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MISCELLANEOUS

• The Department of Land Resources in the Ministry of • Special provisions for Scheduled Castes and Scheduled Rural Development is the nodal agency for matters relating Tribes: As far as possible, no acquisition of land shall be to land acquisition. made in the Scheduled Areas. Where such acquisition does • Application of Act: The provisions of this Act shall apply take place it shall be done only as a demonstrable last when the Government acquires land for its own use, hold resort. In case of acquisition or alienation of any land in and control, including for Public Sector Undertakings and the Scheduled Areas, the prior consent of the concerned for public purpose such as Defence, Infrastructure Gram Sabha or the Panchayats or the autonomous District projects, Industrial corridors, mining activities etc. It is also Councils, as the case may be, shall be obtained. applicable to public private partnership projects and private sector projects. ►HUMAN IMMUNODEFICIENCY VIRUS • Process of Land Acquisition: The process for land acquisition involves a Social Impact Assessment survey, AND ACQUIRED IMMUNE DEFICIENCY preliminary notification stating the intent for acquisition, a SYNDROME (PREVENTION AND declaration of acquisition, and compensation to be given CONTROL) ACT, 2017 by a certain time. All acquisitions require rehabilitation • and resettlement to be provided to the people affected by The Ministry of Health and Family Welfare has issued a the acquisition. notification for bringing the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome • Compensation to be paid: Compensation for the owners (Prevention and Control) Act, 2017 in force from 10th of the acquired land shall be four times the market value September, 2018. in case of rural areas and twice in case of urban areas. • The Act, safeguards the rights of people living with HIV and • Consent of the land owners: Mandatory consent of at affected by HIV. least 70 per cent for acquiring land for public-private • partnership (PPP) projects and 80 per cent for acquiring The provisions of the Act address HIV-related land for private companies. discrimination, strengthen the existing programme by bringing in legal accountability, and establish formal • Exemption from the Act: The provisions of this Bill shall mechanisms for inquiring into complaints and redressing not apply to acquisitions under 16 existing legislations grievances. including the Special Economic Zones Act, 2005, the Atomic Energy Act, 1962, the Railways Act, 1989, etc. WHAT IS THE BILL FOR? • • Return of unutilised land: When any land acquired under According to the UNAIDS Gap Report, there were close to this Act remains unutilised for a period of five years from 2.1 million people living with HIV in India till 2015. While the date of taking over the possession, the same shall be there had been 68, 000 AIDS related deaths in 2015, returned to the original owner or owners or their legal 86,000 new people had acquired HIV infections. heirs, as the case may be, or to the Land Bank of the • These statistics show how crucial the HIV Bill becomes for appropriate Government those who suffer from this disease and bear the social • Special provision to safeguard food security: It states stigma attached to it. The Bill also seeks to criminalise that irrigated multi-cropped land shall be acquired under discrimination against HIV community. this Act only under exceptional circumstances. Further, PROVISIONS irrigated multi-cropped land cannot be acquired beyond a • The Bill makes anti-retroviral therapy a legal right of limit specified by the government. HIV/AIDS patient and states that “every person in the care • Whenever multi-crop irrigated land is acquired, an and custody of the state shall have right to HIV prevention, equivalent area of culturable wasteland shall be developed testing, treatment and counselling services.” for agricultural purposes or an amount equivalent to the • It also asks the central and state governments to provide value of the land acquired shall be deposited with the such treatment along with along with infection appropriate Government for investment in agriculture for management. The Bill also asks the state and central enhancing food-security.

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MISCELLANEOUS

governments to facilitate access for the HIV/AIDS • 2 crore 82 lakh episodes of sexually transmitted infections community to welfare schemes. will be managed • The Bill defines what can count as discrimination against • 17 lakh People Living HIV (PLHIV) will be put on free anti- HIV positive people and people living with it. It lists that retroviral treatment denial or discontinuation of employment, education, OBJECTIVES healthcare services, renting or residing property, and • Reduce new infections by 50% standing for public or private office will count as discrimination along with unfair treatment in any of the • Provide comprehensive care and support to all PLHIV/AIDS above mentioned categories. and treatment services for all those who require it. • The Bill also prohibits HIV testing being used as a pre- STRATEGY requisite for securing a job, accessing health care or • Intensifying and consolidating prevention services, with a education. focus on high risk groups and vulnerable population • It gives the right to minors to reside in a shared household ο Scaling up coverage of TIs among HRG and prohibits people from spreading any hate against . Provision of behavior change intervention to them. increase safe practices, testing and counseling, • Considering the taboo around the disease in our country, adherence to treatment, and demand for other the Bill states that no person shall have to undergo HIV services. test or medical treatment without one’s informed consent. . Promotion and provision of condoms to HRG to An HIV positive person shall have to disclose his HIV status promote their use in each sexual encounter only if required by a court order. . Needle and syringe exchange for Injectible Drug • An ombudsman shall be appointed by each state users as well as scaling up of Opiod Substitition government to inquire into complaints related to the Therapy provision violation of the Act and the provision of health care ο services. The Ombudsman shall submit a report to the Scaling up of interventions among other vulnerable state government every six months stating the number populations and nature of complaints received, the actions taken and . Risk assessment and size estimation of migrant orders passed. population groups and truckers at transit points and at workplaces

. Behaviour change communication for creating  NATIONAL AIDS CONTROL awareness about risk and vulnerability, prevention PROGRAM methods, availability and location of services, increase safe behavior and demand for services as • Cabinet Committee has given its approval for continuation well as reduce stigma of NACP Phase IV beyond 12th FYP for a period of three . Promotion and provisioning of condoms through years from April 2017 to March 2020. different channels including social marketing • Total outlay will be 6434.76 crore. . Development of linkages with local BENEFITS • Increasing access and promoting comprehensive care, • More than 99% of population will be kept HIV free support and treatment • More than 70 lakh of key population covered annually • Expanding IEC services for (a) general population (b) high through a comprehensive HIV prevention program. risk groups with a focus on behaviour change and demand • Around 15 crore vulnerable population will be tested for generation. HIV • Building capacities at national, state, district and facility • 2 crore 32 lakh units of blood will be collected at NACO's levels supported by blood banks • Strengthening Strategic Information Management Systems

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MISCELLANEOUS

►MINORITY STATUS OF ALIGARH ►NATIONAL COMMISSION FOR MUSLIM UNIVERSITY MINORITY EDUCATIONAL IN NEWS INSTITUTIONS (NCMEI) • Aligarh Muslim University (AMU) was established through • It is a statutory body, established by the NCMEI Act, 2004. The Aligarh Muslim University Act, 1920. Parliament • Its administrative ministry is the MHRD. then passed the AMU (Amendment) Act, 1951 and did • away with the compulsory instructions in Muslim mandated to look into specific complaints regarding Theology. The amendment opened membership of the deprivation or violation of rights of minorities to establish Court of AMU to non-Muslims. and administer educational institutions of their choice. Protection of rights of minorities are enshrined in • Earlier, a Five Judge Constitution Bench in 1968 has held in Article 30 of the Constitution which states that “all the Aziz Basha case that AMU was a "Central University" minorities, whether based on religion or language shall and not a minority institution as it was passed by an Act of have the right to establish and administer educational Parliament. institutions of their choice”. • After the 1968 verdict of Supreme Court, the AMU • A quasi-judicial body and has been endowed with the (Amendment) Act, 1972 and thereafter the AMU powers of a Civil Court. (Amendment) Act, 1981 came into force. This • amendment accorded minority status to AMU. Hheaded by a Chairman who has been a Judge of the High Court and three members are to be nominated by Central • However, the Allahabad High Court in January 2006 struck Government. down the provision of the 1981 amendment Act by which • the university was accorded the minority status. The Commission has 3 roles namely adjudicatory function, advisory function and recommendatory powers. • So, now the Seven Judge Bench of Supreme Court will • finally decide whether AMU is a minority institution under So far as affiliation of a minority educational institution to Article 30 of the Indian Constitution or not. a university is concerned, the decision of the Commission would be final. WHAT IS MINORITY INSTITUTION? • It has powers to advise the Central Government or any • Right to establish a Minority Educational Institution has State Government on any question relating to the been provided under National Commission for Minority education of minorities that may be referred to it. Educational Institutions Act, 2004. • Recommendations to the Central Government and the • Any person, who desires to establish a Minority State Governments regarding any matter which directly or Educational Institution may apply to the competent indirectly deprives the minority community of their authority for the grant of no objection certificate under educational rights enshrined in Article 30. National Commission for Minority Educational Institutions • Act, 2004. The empowerment of the Commission has provided a much needed forum for the minority educational • “Competent authority” means the authority appointed institutions to highlight their grievances and to get speedy by the appropriate Government to grant no objection relief. certificate for the establishment of any educational institution of their choice by the minorities. • A Minority Educational Institution may seek affiliation to ►AGRI-MARKET INFRASTRUCTURE any University of its choice subject to such affiliation FUND (AMIF) being permissible within the Act under which the said A Rs 2000 crore Agri-Market Infrastructure Fund was created University is established. under NABARD for development and up-gradation of • “Minority Educational Institution” means a college or an agricultural marketing infrastructure in Gramin Agricultural educational institution established and administered by a Markets and Regulated Wholesale Markets. minority or minorities.

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MISCELLANEOUS

AMIF WILL PROVIDE business of the GOI, and for the allocation of work among

• State/UT Governments subsidised loan for their proposal Ministers. for developing marketing infrastructure in 585 APMC and SEPARATE DEPARTMENT OF FISHERIES 10,000 Grameen Agricultural Markets (GrAMs). • Department of Animal Husbandry, Dairying and Fisheries • Financing for states for nnovative market infrastructure under the Ministry of Agriculture and Farmers Welfare has projects including Hub and Space mode and in PPP mode been divided into • • In these GrAMs, physical and basic infrastructure will be Department of Animal Husbandry and Dairying, strengthened using MGRNEGA and other Government responsible for Schemes. ο Promotion and Development of Livestock, Dairy and Poultry and its associated activities, including • Interest subsidy will be provided by Department of infrastructure development, Marketing, Exports and Agriculture and Family Welfare to NABARD institutional arrangements. • Scheme's implementation depends on demand from the ο Welfare of persons engaged in activities related to States. livestock, dairy and poultry. REVISED JOURNALISTS WELFARE SCHEME ο Gaushalas and Gausadans ELIGIBILITY: ο Matters relating to pounds and cattle tresspass • A journalist will be eligible for relief under the scheme if ο Prevention of cruelty to animals they are: ο Prevention of cruelty to Animals act. (Previously it was ο Citizen of India under MOEFCC) ο Ordinarily resident of India • Department of Fisheries, which will be responsible for ο Accredited to PIB at the Headquarters of GOI or at the ο Industries which relate to Development of fish feed and Headquarters (Capitals) of State/UTs fish products, ο Those journalists who are not accredited with the ο Promotion and development of Fishing and fisheries Bureau will also be eligible for benefits (inland, marine and beyond territorial waters), including infrastructure development, marketing, exports and ASSISTANCE UNDER THE SCHEME: institutional arrangements, • Upto Rs 5 lakh may be provided to family under extreme ο Welfare of fishermen and other fisher-folk and hardship on account of death of journalist strengthening of their livelihoods • Upto Rs 5 lakh may be provided to the journalist is case of ο Liaison and cooperation with international permanent disability rendering the journalist incapable of organisations in matters relating to fisheries earning a livelihood ο Fisheries statistics • Uto Rs 3 for treatment of major ailments. ο Matters relating to Loss of fish stock due to natural • Upto Rs 2 lakh in case of accidents causing serious injuries calamities necessitating hospitalisation. ο Regulation of fish importation, Quarantine and Certification ►CREATION OF NEW DEPARTMENT OF ο Fishery Survey of India, Mumbai ο FISHERIES AND RENAMING OF DIPP For Concurrent list (as regards legislation only) ο Prevention of extension from one State to another of TO DPIIT infectious diseases or pests affecting fish Under clause (3) Article 77 of the Constitution, the President ο Financial assistance to various State undertakings, shall make rules for more convenient transaction of the Fisheries Development Schemes through State agencies/Co-operative Unions

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MISCELLANEOUS

ο For Union Territories (Allocation of Business) Rules, 1961 facilitating smooth ο Preservation, protection and improvement of fish stocks transaction of business in Ministries/Departments. and prevention of diseases, Veterinary training and • It assists in inter-ministerial coordination, ironing out practice differences amongst ministries/departments and evolving ο Insurance of fish stock. consensus through the instrumentality of standing/adhoc Committees of Secretaries RENAMING OF DEPARTMENT OF INDUSTRIAL POLICY AND • PROMOTION (DIPP) AS DEPARTMENT FOR PROMOTION OF Management of major crisis situations in the country INDUSTRY AND INTERNAL TRADE, UNDER MINISTRY OF COMMERCE AND INDUSTRY ►PROVISIONS OF THE PANCHAYATS It will be responsible for following expanded mandate: (EXTENSION TO THE SCHEDULED • Promotion of Internal Trade, including Retail Trade AREAS) ACT, 1996 • Welfare of Traders and their Employees OBJECTIVE • Matters relating to facilitating 'Ease of Doing Business' Extension of the provisions of Part 9 of the COI relating to • Matters relating to Start-ups (Previously it was under Panchayats to the Scheduled Areas (Vth Schedule of Department of Consumer Affairs, Ministry of Consumer Constitution as referred in Clause (1) of Article 244 of COI) Affairs, food and Public distribution) PROVISIONS • Matters related to e-commerce • Provision of Part IX (73rd Amendment) of COI relating to

Panchayats are extended to the Scheduled Areas such to  MINISTRY OF HOUSING AND URBAN such exceptions and modifications as provided in the act. AFFAIRS • Panchayats laws for these areas should be in consonance with the customary law, social and religious practices and The Ministry of Urban Development (MoUD) and Ministry traditional management practices of community of Housing and Urban Poverty Alleviation (MoHUPA), will resources. be merged and called as Ministry of Housing and Urban • Affairs (MOHUA). A village shall consist of a habitation comprising a community and managing its affairs in accordance with ABOUT MOHUA traditions and customs • The administration of the Real Estate (Regulation and • Every village to have a Gram Sabha Development) Act, 2016 and the Street Vendors • (Protection of Livelihood and Regulation of Street Every Gram Sabha to be competent to safeguard and Vending) Act, 2014 will be done by the same ministry preserve the traditions and customs of the people, their cultural identity, community resources and customary • Merger taken on the recommendation of group of mode of dispute resolution secretaries, which were formed in October 2016 • Gram Sabha to approve plans, programs and projects for ABOUT CABINET SECRETARIAT social and economic development before such plans, • It functions directly under Prime Minister. programs and projects are taken up for implementation by • Administrative head of Cabinet Secretariat is the Cabinet the Panchayat at the village level. Secretary who is also the ex-officio Chairman of the Civil • Gram Sabha to be responsible for identification or Services Board. selection of persons as beneficiaries under poverty • It provides secretarial assistance to the Cabinet and alleviation and other programs Cabinet Committees • Every Panchayat shall be required to obtain from Gram • It is responsible for the administration of GOI (Transaction Sabha a certification of utilisation of funds by that of Business) Rules, 1961 and Government of India Panchayat for the plans, programs

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• Gram Sabha or the Panchayat at appropriate level to be ►NATIONAL COMMISSION FOR SAFAI consulted before making acquisition of land in the scheduled areas for development projects and before KARMACHARIS resettling or rehabilitating persons affected by such • It is a non-statutory body projects in the Scheduled Areas • The tenure of the body has been extended from time to • Planning and management of minor water bodies in time. scheduled areas to be entrusted to Panchayats • Major beneficiaries of the proposal would be the Safai • Recommendation of Gram Sabha will be mandatory for Karmacharis and persons engaged in manual scavenging, grant of concession for minor minerals by auction since the NCSK will work for their welfare and upliftment. REPRESENTATION • The number of Manual Scavengers identified under the • Reservation of seats in Scheduled Areas at every Manual Scavenging Act Survey as on 31.01.2019 is 14226 Panchayat shall be in proportion to the population of the and under the National Survey under taken by MOSJE at communities in that Panchayat for whom reservation is the behest of NITI Aayog is 31128 on 31.01.2019. sought. FUNCTIONS ο At least 50% reservation for ST • Recommend to the Central Government specific programs ο All seats of Chairpersons of Panchayats at all levels to of action towards elimination of inequalities in status, be reserved for STs facilities and opportunities for Safai Karamcharis • • State Government may nominate persons belonging to Study and evaluate the implementation of programs and such ST who have no representation in the Panchayat at schemes relating to the social and economic rehabilitation the intermediate level or district level. However, such of Safai Karamcharis and scavengers in particular nomination should not exceed 1/10th of the total • To study and monitor the working conditions, including members elected in that Panchayat. those relating to health, safety and wages of Safai • Special powers to panchayats under PESA are:- Karamcharis working under various kinds of employers including Government, Municipalities and Panchayats, and ο Enforce prohibition or to regulate or restrict the sale to make recommendations in this regard. and consumption of any intoxicant • Make reports to the Central or State Governments on any ο Ownership of minor forest produce matter concerning Safai Karamcharis, taking into account ο Prevent alienation of land in Scheduled Areas and to any difficulties or disabilities being encountered by Safai take appropriate action to restore any unlawfully Karamcharis. alienated land of a ST. FUNCTIONS OF THE NCSK UNDER THE PROHIBITION OF ο Manage village markets MANUAL SCAVENGING ACT ARE: ο Exercise control over money lending to the STs 1) Monitor the implementation of Prohibition of Manual ο Exercise control over institutions and functionaries in all Scavenging Act social sectors 2) Enquire into complaints regarding contravention of the ο Control over local plans and resources for such plans provisions of Prohibition of Manual Scavenging Act and to including tribal sub-plans convey its findings to the concerned authorities with recommendations requiring further action • State Governments to endow Panchayats with powers and authority to enable them to function as institutions of self- 3) Advise the Central and State Governments for effective government. Safequards to ensure that Panchayats at implementation of the provisions of this act higher level do not assume the powers and authority of 4) to take suo moto notice of matter relating to non- any Panchayat at lower level or of the Gram Sabha. implementation of this Act • th State Legislature to follow the pattern of 6 Schedule of • NCSK will have power to call for information from any the COI while designing the administrative arrangements Government or local or other authority with respect to any in the Panchayats at district level in the Scheduled Areas. matter specified.

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►DEVELOPMENT AND WELFARE to the Habitual Offenders Act, a habitual offender is one who has been a victim of subjective and objective BOARD FOR DENOTIFIED, NOMADIC influences and has manifested a set practice in crime, and AND SEMI-NOMADIC COMMUNITIES also presents a danger to the society in which they live. (DNCs) The Habitual Offenders are usually hardened criminals whose major part of life has been spent in jails. It is • A Committee has been set up under the Chairmanship of because they commit offences at frequent intervals and Vice Chairman, Niti Aayog which will complete the process are sent back to jail. Habitual Offenders act continues to of identification of DNCs that have not yet been formally this date. classified.

• Development and Welfare Board will be set up under the Societies Registration Act, 1860. ►COMPREHENSIVE ONLINE MODIFIED • It will function under the Ministry of Social Justice and MODULES FOR INDUCTION TRAINING Empowerment for the purpose of implementing (COMMIT) development and welfare programs for DNCs. Department of Personnel & Training (DoPT), Ministry of ABOUT DNCs Personnel, Public Grievances and Pensions • They are amongst the most disadvantaged communities in THEME AND KEY FEATURES the country • It is a new training module for State Government officials. • They are hard to reach, less visible, and therefore • The blended course will allow officers and faculty to take frequently left out advantage of much of the flexibility and convenience of an • While most DNCs are spread across SC, ST and OBC online course while retaining the benefits of the face-to- categories, some DNCs are not covered in any of the SC, ST face classroom experience. or OBC categories. • Induction Training plays a very important role in • GOI had constituted National Commission for Denotified, preparing the new entrants in the Government for Nomadic and Semi-Nomadic Tribes (NCDNT) (Idate fulfilling their responsibilities and citizen-centricity. Commission) to prepare a State-wise list of cadres • The advantages of such a programme are belonging to Denotified and Nomadic Tribes and to suggest appropriate measures in respect of Denotified and ο Requirement of limited classroom space; Nomadic Tribes that may be undertaken by Central and ο Infusion of new opportunities to officers who have had State Government. limited or no training • NCDNT recommended for setting up of Permanent ο To build the requisite skills, knowledge and attitude Commission of these communities. Since DNTs are already ο Offer the convenience of online learning combined with covered under SC, ST and OBC, constitution of Permanent the social and instructional interaction. Commission will not be very effective in development programs. It will lead to conflict with the mandates of OBJECTIVES existing bodies such as NCSC, NCST, NCBC. • To improve public service delivery • State wise list prepared by the Idate Commission is not • To promote good-governance and citizen-centric complete in the sense that with respect to some administration communities the Commission has stated in its report that • To provide induction training to recently recruited frontline this requires further validation. functionaries in the states ABOUT DENOTIFIED TRIBES

• Also known as Vimukta Tribes, they are tribes were listed originally under the Criminal Tribes Act of 1987. Criminal ►NITI FORUM FOR NORTH-EAST Tribes was defined as those addicted to the systematic THEME AND KEY FEATURES commission of non-bailable offences. • It is tasked to identify various constraints on the way of • After Independence, Criminal Tribes Act of 1871 was accelerated, inclusive and sustainable economic growth in repealed and replaced by Habitual Offenders Act. ccording

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the North East Region of the country and to recommend • It would make the functioning of Parliament and State suitable interventions for addressing identified constraints. Legislatures participative, responsive, transparent, • It will also review the development status in the NER. productive and more accountable to the public and make the entire Legislative process more efficient. • The basic aim is to identify constraints and recommend • suitable interventions for speedy and sustainable growth This is mission mode project of Government of India in NER. under Digital India. • • The Forum’s first meeting was held in April 2018 at With the availability of huge digital database, the Agartala where a wide ranging spectrum of issues was legislation making process will improve; will be discussed. enlightened and comprehensive.

►HIMALAYAN STATE REGIONAL ►STATUTORY STATUS OF STAFF COUNCIL SELECTION COMMISSION NODAL AGENCY IN NEWS NITI Aayog A Parliamentary Standing Committee (PSC) has recommended that the Centre accord statutory status to THEME AND KEY FEATURES the Staff Selection Commission (SSC) which is one of the • NITI Aayog has constituted the ‘Himalayan State Regional largest recruitment agencies in the country. As of now SSC is Council’ in 2018 to ensure sustainable development of the an attached office of Department of Personnel and Training. Indian Himalayan region. EXPLAINED • The Council has been constituted to review and • The Government of India, in the Department of Personnel implement identified action points based on the and Administrative Reforms in November, 1975 Reports of five Working Groups, which were established constituted a Commission called the Subordinate along thematic areas to prepare a roadmap for action. Services Commission after the suggestion of First ARC. • It will be chaired by the Dr VK Saraswat, Member, NITI • The Subordinate Services Commission was re-designated Aayog and will consist of the Chief Secretaries of the as Staff Selection Commission effective from the 26th Himalayan States as well as the Secretaries of key Central September, 1977. Ministries, senior officers of NITI Aayog as well as special • invitees. SSC makes recruitment to various posts in Group B, Group C and Group D for the various Ministries/Departments of • The council will be the nodal agency for the Sustainable the Govt. of India and in Subordinate Offices. development in the Himalayan Region which consists of • the twelve States namely Jammu &Kashmir, Uttarakhand, The SSC was created to ease the burden of Union Public Himachal Pradesh, Arunachal Pradesh, Manipur, Service Commission (UPSC) by taking-over the recruitment Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, two for posts below Group ‘A’ level. Over the years, the districts of Assam namely Dima Hasao and KarbiAnglong workload and responsibilities of the Commission have and Darjeeling and Kalimpong in West Bengal. increased exponentially. • However, the status of the Commission has remained as an ‘Attached Body’ under the Department of Personnel & ►E-Sansad Training (DoPT). Thus, the Commission has to depend MINISTRY entirely on the department for all its needs and requirements. This deprives the Commission of any Ministry of Parliamentary Affairs autonomy. THEME AND KEY FEATURES • The Expert Group constituted by the Government in the • Aim is to make functions of Parliament Legislatures year 2014, under the Chairmanship of Shri I.M.G. Khan, paperless. for reviewing the examination system in the SSC, had

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recommended according statutory status to the ►CENTRAL BUREAU OF Commission. INVESTIGATION

IN NEWS ►BACKLOG AT CENTRAL • Supreme Court of India in Vineet Narayan Judgment ADMINISTRATIVE TRIBUNAL (Hawala) observed that CBI had failed in its responsibility and has become a caged parrot and thereby laid down IN NEWS guidelines to ensure independence and autonomy of the The Parliamentary Standing Committee in its report has CBI. The Court ordered CBI to be placed under the stated that even after 30 years of establishment of Central supervision of the Central Vigilance Commission (CVC), to Administrative Tribunal (CAT), it lacks human as well as ensure that it remains free from executive control or physical infrastructure leading to vacancies. Because of the interference. vacancies, backlog of cases in the Tribunal is increasing. EXPLAINED EXPLAINED • The Central Bureau of Investigation traces its origin to the • The Parliamentary Committee made the following Special Police Establishment (SPE) which was set up in recommendations: 1941 by the Government of India. ο To fill the vacancies at CAT in strict timelines. • The government enacted The Delhi Special Police ο Starting of appointment process of tribunal members Establishment Act, 1946 after the war which provided for in advance the constitution of special force for investigation of ο The government should examine the reasons for offences alleged to have been committed under the members leaving service prematurely and take Prevention of Corruption Act, 1988. remedial measures. • The 1946 Act transferred the superintendence of the SPE ο Ensure that infrastructural work does not get delayed to the Home Department and its functions were enlarged due to procedural hurdles. to cover all departments of the Govt. of India. T • ο The committee has recommended that the Department he jurisdiction of the SPE extended to all the Union of Personnel and Training and CAT to work out any Territories and could be extended also to the States with difficulties with respect to proper functioning of the the consent of the State Government concerned. Tribunal. • The SPE acquired its popular current name, Central CONSTITUTIONAL PROVISIONS Bureau of Investigation (CBI), through a Home Ministry resolution dated 1st April, 1963. • Article 323A of the Constitution provides that Parliament • may by law establish an administrative tribunal for the Initially the offences that were notified by the Central Union and a separate administrative tribunal for each Government related only to corruption by Central Govt. State or for two or more States for adjudication of disputes servants. In due course, with the setting up of a large - with respect to recruitment and conditions of service of number of public sector undertakings, the employees of persons appointed to public services and posts – by these undertakings were also brought under CBI purview. • ο Union, Similarly, with the nationalisation of the banks in 1969, the Public Sector Banks and their employees also came within ο States, the ambit of the CBI. ο any local or other authority within the territory of India

or under the control of the Government of India or ο of any corporation owned or controlled by the ►LATERAL ENTRY IN INDIAN Government. BUREAUCRACY • Article 323B provides for constitution of Tribunal for other matters as provided by appropriate legislatures. EXPLAINED • • Article 323A and 323B was added by Constitution 42nd The Department of Personnel and Training had Amendment. published invitation of applications for senior positions in Government of India at the level of Joint Secretary.

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• Even the NITI Aayog in its Three Year Action Agenda under • Those devices operating in unlicensed spectrum but using civil services reform has suggested increasing wide area networks will come under the category of specialisation and inducting talent through lateral entry in licensing and there will be a new authorisation called UL – bureaucracy. Universal Licence M2M for such devices. • Persons from Private Sector Organisations and public TELECOM COMMISSION institutions including state government, Union Territory • Telecom Commission is the highest decision-making Administration, Public Sector Enterprises were eligible to body of the Telecom Department. apply. • The Telecom Commission is responsible for: • Age: Minimum of 40 years as on July 1, 2018. 1. Formulating the policy of Department of • Qualifications: Graduate from a recognized Telecommunications for approval of the Government; University/Institute. Higher qualifications would be an 2. Preparing the budget for the Department of added advantage. Telecommunications for each financial year and getting APPOINTMENT PROCESS it approved by the Government; & • Candidates from private sector organisation shall be 3. Implementation of Government's policy in all matters appointed on contract basis whereas members from concerning telecommunication. public institutions shall be appointed on deputation

including short term contract. • The period of contract shall be for 3 years from the date of ►SIX NORTH EAST TRIBES TO GET ST commencement of job. It can be extended upto 5 years STATUS depending upon the performance. EXPLAINED

• The Union Cabinet has approved Scheduled Tribe (ST) ►NATIONAL TRUST CENTRE FOR M2M status to six communities of Assam namely SERVICES 1. Tai Ahom,

IN NEWS 2. Koch Rajbongshi, Telecom Commission has approved constituting a National 3. Chutia, Trust Centre to certify devices and applications for machine- 4. Tea Tribes, to-machine communication. 5. Moran and EXPLAINED 6. Matak. • The Commission has also decided to form an apex body • The cabinet will introduce a bill to declare these six for this technology segment and its members will include communities in Assam as Scheduled Tribe. The representatives from other regulatory authorities like government also intends to amend the Sixth Schedule to National Highways Authority of India and Central Electricity strengthen Autonomous District Councils under the Sixth Regulatory Commission. Schedule. • Machine-to-Machine (M2M) communications forms the • The essential characteristics of these communities are: basis for automated information exchange between ο machines. It can impact various industries like smart cities Primitive Traits and grids, transportation systems and healthcare, among ο Geographical isolation others. ο Distinct culture • Telecom Engineering Centre (TEC) and Standardisation ο Shy of contact with community at large Testing and Quality Certification (STQC) will spell out the ο Economically backward detailed security parameters for registration of M2M devices.

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HOW COMMUNITIES DECLARED AS SCHEDULED TRIBE • DiEM25 arose after the debt crisis in Greece had resulted • Article 342 provides that the President may, with respect in a wide-ranging “structural adjustment programme” to any State or Union territory, and where it is a state, after imposed upon Greece by the European Commission, the consultation with the Governor thereof by public European Central Bank, and the International Monetary notification, specify the tribes or tribal communities or Fund. parts of or groups within tribes or tribal communities • This included severe austerity measures (including cuts to which shall, for the purposes of this constitution, is public funding, resulting in mass unemployment) and deemed to be scheduled tribes in relation to that state or widespread privatisation, in direct contravention of the Union Territory, as the case may be. publicly expressed will of the people, through both • Parliament may by law include in or exclude from the list elections and a public referendum. of Scheduled tribes specified in a notification issued under • The issues on which DiEM25 engages with citizens across clause(1) any tribe or tribal community or part of or group Europe includes public debt, banking, inadequate within any tribe or tribal community, but save as aforesaid, investment, migration, and rising poverty. a notification issued under the said clause shall not be varied by any subsequent notification. ►BENAMI TRANSACTION • Thus, the first specification of Scheduled Tribes in relation to a particular State/ Union Territory is by a notified order EXPLAINED of the President, after consultation with the State • Most of the black money is funnelled in real estate market governments concerned. These orders can be modified and bullion market through benami transactions. Thus, the subsequently only through an Act of Parliament. government wanted to effectively regulate this corrupt practice by making people involved in transactions criminally liable. ►PROGRESSIVE INTERNATIONAL • Thus, the Parliament passed The Benami Transactions EXPLAINED (Prohibition) Amended Act, 2016 to amend the original • A decline in quality of democracy has been witnessed Benami Transactions (Prohibition) Act, 1988 so as to around the world as political leaders around the globe are give more teeth to the previous Act. using democracy as a facade to unveil their authoritarian • In simple words, in a benami transaction – property is concept of nationalism by using economy and technology. purchased in the name of a different person and the • It is in this aspect, Bernie Sanders (US Politician) and Yanis money is paid by a different person. Varoufakis (Greek economist, academic and politician) in an RELATED CONCEPTS article in The Guardian (U.K), has called for an • "Benami Property" means any property which is the International Progressive Movement to combat the rise subject matter of a benami transaction and also includes of authoritarianism across the globe. the proceeds from such property. • The movement aims to fight underlying current of fascism • “Property" means assets of any kind, whether movable or in the rising nationalism in different countries around the immovable, tangible or intangible, corporeal or incorporeal world by understanding the causes and nature of the and includes any right or interest or legal documents or people’s unrest and unhappiness. instruments evidencing title to or interest in the property • The movement aims to mobilise behind a vision of shared and where the property is capable of conversion into some prosperity, security and dignity for all people, and that other form, then the property in the converted form and addresses the massive global inequality that exists, not also includes the proceeds from the property. only in wealth but in political power. • "Benamidar" means a person or a fictitious person, as the DEMOCRACY IN EUROPE MOVEMENT 25 (DiEM25) case may be, in whose name the benami property is • Several movements across the globe have sprung up on transferred or held and includes a person who lends his international progressive movement like DiEM25. name.

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• "Beneficial Owner" means a person, whether his identity how the rule of law is experienced and perceived by the is known or not, for whose benefit the benami property is general public in 126 countries and jurisdictions held by a Benamidar. worldwide. IMPLEMENTATION • By using primary data, the WJP Rule of Law • To implement the provisions of the Act, the Central Index measures countries’ rule of law performance across Government shall appoint one or more adjudicating eight factors: 1. Constraints on Government Powers, 2. authorities to exercise jurisdiction, powers and authority Absence of Corruption, 3. Open Government, 4. conferred. Fundamental Rights, 5. Order and Security, 6. Regulatory Enforcement, 7. Civil Justice and 8. Criminal Justice. • An Adjudicating Authority shall consist of a Chairperson • and atleast two other Members. The Rule of Law is a framework of laws and institutions that embodies four universal principles: • The Act seeks to establish four Authorities: 1. Accountability 1. Initiating Officer 2. Just Laws 2. Approving Authority 3. Open Government 3. Administrator 4. Accessible & Impartial Dispute Resolution 4. Adjudicating Authority HIGHLIGHTS OF RULE OF LAW INDEX, 2019 • Qualifications for appointment as Chairperson or • Members of Adjudicating Authority are: The new WJP Rule of Law Index scores show that more countries declined than improved in overall rule of law • He/she has been a member of the Indian Revenue performance for the second year in a row, continuing a Service and has held the post of Commissioner of Income- negative slide toward weaker rule of law around the world. tax or equivalent post in that Service. • The Index also signals rising authoritarianism around the • He/she has been a member of the Indian Legal Service world. In a sign suggesting rising authoritarianism, the and has held the post of Joint Secretary or equivalent post factor score for “Constraints on Government Powers” in that Service. declined in more countries than any other factor • The authorities shall have the power of: worldwide over the last year. (61 countries declined, 23 ο discovery and inspection of documents related to stayed the same, 29 improved) benami transactions • The second largest decline over last year was seen in the ο enforcing attendance of persons or institutions involved area of “Criminal Justice,” followed by “Open Government” in such transactions and “Fundamental Rights." However, more countries improved in “Absence of Corruption” than declined for ο compelling production of books of accounts and other the second year in a row. related documents • The top three overall performers in the 2019 WJP Rule of ο receiving affidavits on oath Law Index were Denmark (1), Norway (2), and Finland (3); ο attachment of properties the bottom three were the Democratic Republic of the Congo (124), Cambodia (125), and Venezuela (126). • ►WORLD JUSTICE PROJECT – RULE India ranked 68 out of 126 countries on Rule of Law Index dropping three positions as compared to last year. OF LAW INDEX

EXPLAINED • The World Justice Project (WJP) is an independent, ►REAL ESTATE REGULATORY multidisciplinary organization working to advance the rule AUTHORITY (RERA) of law worldwide. Effective rule of law reduces corruption, combats poverty and disease and protects people from EXPLAINED injustices large and small. • With an aim to curb black money conversion into real • World Justice Projects (WJP) releases Rule of Law Index. estate and also to protect interest of genuine home The World Justice Project - Rule of Law Index measures buyers, government of India enacted The Real Estate

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(Regulation and Development) Act, 2016 which came into to the sanctioned plan, layout plan and specifications as effect on 1st May, 2017. approved earlier. • The Broad Framework on which 2016 Act has been MAINTAINING SEPARATE ESCROW ACCOUNT proposed are: The developer, within three months of applying for ο Mandatory registration of projects with the Authority registration of a project with the Real Estate Regulatory ο Mandatory Public Disclosure of all project details with Authority shall deposit in a separate bank account 70 per Real Estate Authority cent of the amount collected and unused for ensuring completion of ongoing projects. ο Mandatory registration of Real Estate Agents CENTRAL ADVISORY COUNCIL ο Establishment of Regulatory Authority/Tribunals at State Level CAC shall advice on matters concerning implementation of the Act, on major questions of policy, protection of consumer ο Provision of penalty and compensation for better interest and to foster growth and development of the real consumer protection estate sector. This is expected to promote professionalism, standardisation

and orderly growth which will boost private investment in housing sector. ►TELECOM REGULATORY AUTHORITY OF INDIA (TRAI)  FEATURES OF RERA The Telecom Regulatory Authority of India (TRAI) has issued REGULATOR FOR EACH STATE the Telecommunication Interconnection Regulations, According to RERA, each state and Union territory will have its 2018, that are effective from February 1, 2018. own regulator and set of rules to govern the functioning of ABOUT TRAI the regulator. Government of two or more States or Union • It is the independent regulator of the territories may establish one single Authority. Government telecommunications business in India, also of TV, may establish more than one Authority in a State or Union Broadband etc. territory. • It was established in 1997 by an Act of Parliament to MANDATORY REGISTRATION regulate telecom services and tariffs in India • It shall be mandatory for every promoter/builder or a real • TRAI regularly issues orders and directions on various estate agent to apply for registration to state regulator of subjects such as tariffs, interconnections the real estate project which the builder aims to develop • In January 2000, TRAI act was amended to establish the and sell. Telecom Disputes Settlement Appellate Tribunal • The builder/promoter cannot advertise, market, book, sell (TDSAT) to take over the adjudicatory functions of the or invite persons to purchase any part of the property TRAI. before applying for registration to such state regulator.

DISCLOSURE OF PLAN • Promoters shall declare original sanctioned plans, changes ►DIGITAL COMMUNICATION made later, fresh timeline for completion of ongoing COMMISSION projects to the state regulator. The details of all registered IN NEWS projects will be put up on a website for public access. The Telecom Commission was set up by the Government of COMMENCEMENT & COMPLETION CERTIFICATE India through the Resolution dated 11th April, 1989 with • Granting of commencement certificate by the authority administrative and financial powers of the Government of allows a builder to begin development works on an India to deal with various aspects of Telecommunications. immovable property as per the sanctioned plan. The Government, vide Resolution dated 22nd October, 2018, • Similarly, completion certificate by the authority signifies has re-designated the 'Telecom Commission' as the 'Digital that the real estate project has been developed according Communications Commission'. 103 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

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EXPLAINED • Presently functioning as an attached office of the Ministry The Digital Communications Commission consists of of Water Resources, River Development and Ganga Rejuvenation, Government of India. • A Chairman, • It is headed by a Chairman, with the status of ExOfficio • Four full time members, who are ex-officio Secretaries to Secretary to the Government of India the Government of India in the Department of • Telecommunications and It is entrusted with the general responsibilities of initiating, coordinating and furthering in consultation of the State • Four part time members who are the Secretaries to the Governments concerned, schemes for control of water Government of India in the concerned Departments. resources throughout the country. • The Secretary to the Government of India in the

Department of Telecommunications is the ex-officio Chairman of the Digital Communications Commission. ►PRASAR BHARATI

• The full-time Members of the Digital Communications Recently Prasar Bharati (PB) turned down a resolution Commission are moved by the ministry of information and broadcasting (I&B) ο Member (Finance), to appoint a serving IAS officer to its board ο Member (Production), ABOUT PRASAR BHARATI • ο Member (Services) & It is a statutory autonomous public broadcasting agency which was set up in 1997 under the Prasar Bharati ο Member (Technology). (Broadcasting Corporation of India) Act, 1990 • The part-time Members of the Digital Communications • It comprises Doordarshan Television Network and All India Commission are Radio, which were earlier part of the Ministry of ο Chief Executive Officer, NITI Aayog, Information and Broadcasting. ο Secretary (Department of Economic Affairs), MORE INFORMATION ο Secretary ( Ministry of Electronics & Information • The Ministry does not have a direct role in appointment Technology) and of the chairman and whole-time members of the Board ο Secretary (Department of Industrial Policy & Promotion). ►BRAHMAPUTRA BOARD RESPONSIBILITIES The 9th meeting of High Powered Review Board of 1. Formulating the policy of Department of Brahmaputra Board was recently held at Borgos, Kaziranga Telecommunications for approval of the Government; in Assam 2. Preparing the budget for the Department of EXPLAINED Telecommunications for each financial year and getting it approved by the Government; & • It is an autonomous statutory body which is responsible for preparation and implementation of plans related to 3. Implementation of Government's policy in all matters flood management and water resource development in concerning telecommunication. the Brahmaputra valley

• The board was set up under the Ministry of Irrigation (later ►CENTRAL WATER COMMISSION renamed as Ministry of Water Resources) as per the Brahmaputra Board Act 1980 Central Water Commission has received Central Board of Irrigation and Power (CBIP) Special Recognition Award • It’s headquarters are located at Guwahati, Assam. 2018 for Excellence in Health & Safety of Large Dams. • The jurisdiction of the Board includes both the ABOUT CENTRAL WATER COMMISSION Brahmaputra and Barak Valley and covers all the States of the North Eastern Region, Sikkim and part of • It is a premier Technical Organization of India in the field West Bengal falling under Brahmaputra river basin. of Water Resources 104 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

MISCELLANEOUS

►NATIONAL TRUST • To advice regarding coordination between the Central and State Governments Union Cabinet has approved the proposal to amend the

National Trust for the Welfare of Person with Autism, Cerebral Plasy, Mental Retardation and Multiple ►DEFENCE ACQUISITION COUNCIL Disabilities Act, 1999 to fix the term of the Chairperson and (DAC) Members of the Board of National Trust for three years. ABOUT NATIONAL TRUST The Defence Acquisition Council (DAC) has simplified procedure, which prescribes guidelines to be followed to • It is a Statutory Body under Department of develop and manufacture defence equipment. Empowerment of Persons with Disabilities (Divyangjan), Ministry of Social Justice & Empowerment. ABOUT DEFENCE ACQUISITION COUNCIL • • It was envisaged with a core mission of providing To counter corruption and speed up decision- making opportunities for capacity development of Persons with in military procurement, the government of India in 2001 Disabilities and their families decided to set up an integrated DAC • • The National Trust has been set up to discharge two basic It is headed by the Defence Minister duties – legal and welfare • It is responsible to give policy guidelines to acquisitions, • Legal duties are discharged through Local Level based on long-term procurement plans Committee (LLC) set up at district level • It also clears all acquisitions, which includes both • Welfare duty is discharged through the schemes and imported and those produced indigenously activities ►NATIONAL FOUNDATION FOR ►CENTRAL ADVISORY BOARD OF COMMUNAL HARMONY (NFCH) EDUCATION (CABE) The National Foundation for Communal Harmony (NFCH) The 65th Meeting of the Central Advisory Board of Education observed the Communal Harmony Campaign and Fund (CABE) was recently held. Raising Week from November 19- 25, 2017 ABOUT NATIONAL TRUST ABOUT NFCH • • It is is the highest advisory body to advise the Central and It is is an autonomous organisation with the Ministry of State Governments in the field of education. Home Affairs. • • It was first established in 1920 and dissolved in 1923 as a It organises the Communal Harmony Campaign measure of economy. It was revived in 1935 and has been • It promotes Communal Harmony and strengthens in existence ever since National Integration. • Chairman of the board shall be Union Minister of Human Resource Development. Minister of State for Human ►INLAND WATERWAYS AUTHORITY Resource Development shall be the Vice- Chairman • The tenure of office of members of the Board, other than OF INDIA (IWAI) the exofficio members, shall be three years IWAI has raised Rs660 crore through a bond sale to finance FUNCTIONS the development of national waterways • To review the progress of education from time to time. ABOUT IWAI • • To appraise the extent and manner in which the education It came into existence on 27th October 1986 for policy has been implemented by the Central and State development and regulation of inland waterways for Governments, and other concerned agencies, to give shipping and navigation. appropriate advice in the matter. • It is the statutory authority in charge of the waterways in India. 105 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

MISCELLANEOUS

• It is under the Ministry of Shipping. • It is headed by Director General (DG) who is also the • Its headquarters is located in Noida, UP Principal Technical Advisor to the Government of India • CPWD consists of three wings in execution field: 1. B&R (Buildings and Roads). 2. E&M (Electrical and ►NCRB MERGED WITH BUREAU OF Mechanical). 3. Horticulture POLICE RESEARCH • CPWD has PAN India presence and has ability to Merger the National Crimes Records Bureau (NCRB) with the undertake construction of complex projects Bureau of Police Research and Development (BPR&D) ABOUT NCRB ►INTEGRATED MONITORING AND • It was established in 1986 with a mandate to empower Indian police with information technology solutions ADVISORY COUNCIL (IMAC) and criminal intelligence to enable them to enforce the law The first meeting of the newly formed (IMAC) was held in effectively New Delhi. • It also compiles data on crimes, prosecutions, traffic ABOUT IMAC related prosecutions, and prisons, suicides • Functipns under Ministry of Petroleum and Natural Gas. • It also has the database of all the fingerprints in India • and also plays a role in capacity building for – Crime and IMAC is an inter-ministry monitoring and advisory body for Criminal Tracking Networks and Systems (CCTNS) policy formulation and implementation of ‘Roadmap to achieve target of 10% reduction in import dependency • NCRB’s data on crimes against women, particularly rapes, in oil and gas by 2021-22 has shaped government’s policies • MAC is envisaged to facilitate better coordination for all

energy resources by focusing on supply and demand side ►BORDER ROADS ORGANISATION management (BRO) Union Defence Ministry has approved delegation of ►THE PAYMENT OF GRATUITY administrative and financial powers to the BRO (AMENDMENT) BILL, 2017 ABOUT BRO The Payment of Gratuity (Amendment) Bill, 2017 was passed • It is engaged in road construction to provide connectivity by the Parliament. to difficult and inaccessible regions in the border areas of the country PROVISIONS • It is Functioning under the control of the Ministry of • It increases the ceiling of tax-free gratuity amount to Rs Defence since 2015 20 lakh from Rs 10 lakh bringing organized sector • Currently, the organisation maintains operations in workers at par with Central Government employees twenty-one states, one UT (Andaman and Nicobar • It empowers the Central government to notify the Islands), and neighbouring countries such as Afghanistan, gratuity ceiling without amending the law Bhutan, Myanmar, and Sri Lanka • To notify the period of maternity leave eligible for qualifying as continuous service by removing the ►CENTRAL PUBLIC WORKS reference to 12 weeks in the 1972 Gratuity Act DEPARTMENT (CPWD) MORE INFORMATION • The public sector construction major, CPWD turned 163 on Gratuity is given the force of law by the Payment of July 12th, 2017. Gratuity Act 1972, • ABOUT CPWD The Act provides for gratuity of Rs 10 lakh to workers with five or more years of continuous service • It is housed under the Ministry of Urban Development now MoHUA (Ministry of Housing and Urban Affairs) 106 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

MISCELLANEOUS

►HUMAN RIGHTS (AMENDMENTS) and the National Commission for Women shall be deemed to be Members of the Commission. BILL, 2018

The Union Cabinet has given its approval to the Protection of Human Rights (Amendments) Bill, 2018 ►ANTI TORTURE LEGISLATION PROVISIONS OF THE AMENDMENT Law Commission of India has recommended the Centre to • Include “National Commission for Protection of Child ratify the United Nations Convention Against Torture and Rights” as deemed member of the National Human Rights frame a standalone anti torture law Commission PROVISIONS OF THE AMENDMENT • Add a woman member in the composition of the NHRC. • • Enlarge the scope of eligibility and scope of selection of Wide Definition of Torture not confined to physical Chairperson of NHRC, as well as of State Human Rights pain but also includes “inflicting injury or even an attempt Commission to cause such an injury, which will include physical, mental NHRC or psychological • It is consisting of a chairperson and seven other members • State to own the responsibility for injuries caused by its • Out of the seven members, three are ex-officio members agents on citizens and four others are appointed by the President on the • Punishment for torture for public officials inflicting recommendation of a Selection Committee. torture • The Committee is consisting of the Prime Minister who is

the chairman of this Committee, Union Home Minister, Deputy Chairman of the Rajya Sabha, Speaker of the Lok ►WITNESS PROTECTION SCHEME Sabha and the Leaders of the Opposition in both the Houses of Parliament Recently Supreme Court asked the states to adopt Witness Protection Scheme • The Chairperson and the members of the NHRC have a tenure of five years. EXPLAINED

• But if any member attains the age of 70 years before the • The scheme aimed to enable a witness to depose completion of his tenure, he or she has to retire from the fearlessly and truthfully membership. • Secretary, District Legal Services Authority (DLSA) can CURENT COMPOSITION OF NHRC pass witness protection order for the witness protection The Commission shall consist of— • The Threat Analysis Report shall be prepared by the ACP (a) a Chairperson who has been a Chief Justice of the / DSP after investigation on direction from DLSA. Supreme Court; • The responsibility of implementation lies on witness (b) one Member who is, or has been, a Judge of the Supreme Court; protection cell constituted under the scheme (c) one Member who is, or has been, the Chief Justice of a MORE INFORMATION High Court; • Witness Protection Bill 2015 : The proposed Bill seeks to (d) two Members to be appointed from amongst persons ensure the protection of witness by- having knowledge of, or practical experience in, matters ο Formulation of witness protection programme and relating to human rights. constituting National Witness Protection Council and The Chairpersons of the National Commission for State Witness Protection Councils to ensure its Minorities, 1 [the National Commission for the Scheduled implementation Castes, the National Commission for the Scheduled Tribes]

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MISCELLANEOUS

ο constitution of a "witness protection cell" to prepare a month, in case of non-compliance with rules and report for the trial court to examine and grant regulations, user agreement and privacy policy.

protection to the witness referred as "protectee" after • Nodal person of contact: The intermediary is liable to being admitted in the programme provide information sought by any government agency ο providing safeguards to ensure protection of Identity of within 72 hours of the query. They are expected to witness appoint a ‘nodal person of contact

ο providing stringent punishment to the persons • Removal of unlawful content: The intermediary after contravening the provisions and against false being notified by the appropriate authority should remove testimonies or disable access to unlawful content within 24 hours.

ο Providing transfer of cases out of original Jurisdiction • The intermediary is also expected to preserve such to ensure that the witness can depose freely; information and associated records for at least 180 days

EXISTING PROVISIONS for investigation purposes (as against 90 days now). • • In India there is no separate legislation regarding witness It will introduce a “traceability requirement” to enable protection. tracing the originator of information on the platform

• These provisions are stated in different legislations. INFORMATION TECHNOLOGY ACT 2000 • • Furthermore, these laws are not effective to ensure the It is the primary law in India dealing with cybercrimes and safety of the witnesses or his /her relatives. electronic commerce, based on United Nations Model Law on Electronic Commerce 1996. • Some of these are • It defines several cyber-crimes like tampering with ο Section 151 and 152 of the Evidence Act. computer source documents, hacking etc. ο Section 17 of the National Investigation Agency Act,

2008.

►CONTROLLER GENERAL OF ACCOUNTS ►DRAFT IT RULES The Controller General of Accounts, Department of The Ministry of Electronics and Information Technology Expenditure has launched the upgraded version of Central (MEITy) has sought public comments on the proposed Pension Accounting Office (CPAO) amendments to the rules under Information Technology (IT) Act 2000 ABOUT CONTROLLER GENERAL OF ACCOUNTS • DRAFT IT [INTERMEDIARIES GUIDELINES (AMENDMENT) It is the apex Accounting Authority of the Central RULES] 2018 Government • • It requires online platforms to deploy automated tools to It exercises the powers of the President under Article 150 identify and disable access to unlawful content of the constitution for prescribing the forms of Accounts of the Union and State Governments on the advice of the • Definition of intermediaries: Any social media platform Comptroller & Auditor General of India. with more than 50 lakh users or in the list notified by the • government is defined as an “intermediary”. Ex : It works under the Ministry of Finance, Government of WhatsApp, Facebook, Instagram ,search engines like India Google • it is not a constitutional body, it derives its mandate • Informing non-compliance: A new rule 3(4) requires from Article 150 of the constitution intermediary to inform its users at least once every

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MISCELLANEOUS

►REPORTS & INITIATIVES

REPORTS & INITIATIVE OF INDIA INITIATIVES Corruption Perc- An index published annually by Transparency International In 2018 India rose by three points eptions Index (CPI) since 1995 to 78 from 81 in 2017

• By Public Affairs Centre (PAC) Public Affairs Index (PAI) is a data • Public Affairs Centre (PAC) engages in action research The Public Affairs driven platform to rank the 30 focussing on Sustainable Development Goals (SDG) in the Index 2018 States of India from the lens of context of India. governance • PAC is a not for profit Think Tank

The survey, published every two years, ranks 193 UN member It has ranked India at 96 position states on basis of their performance on mainly three for its performance in development The UN E-Government dimensions or e-governance development index (EGDI): and execution of information Survey 2018 • Online service index (OSI) technologies, up from 107 in 2016

• Telecommunication infrastructure index(TII) and 118 in 2014 —a massive leap over the years. • Human capital index (HCI).

• It depicts democratic trends at the country, regional and global levels across a broad range of different attributes of democracy from1975–2017. The Global • It is published by The International Institute for State Democracy Democracy and Electoral Assistance (International Index IDEA) which is an intergovernmental organization that supports sustainable democracy worldwide. • International IDEA is an official United Nations Observer.

It is compiled by the Economist Intelligence Unit (EIU), a UK- Democracy Index India was at 41st place. based company

• India have seen precipitous declines in many aspects of liberal democracy • University of Gothenburg (Sweden) has recently published • India, the world’s most populous Varieties of the “Varieties of Democracy Report” (V-Dem) for 2018. democracy, has seen a decline in Democracy Report for • the freedom of expression, 2018 / V-DEM ANNUAL The new report released by the Varieties of Democracy (V- through issues such as media DEMOCRACY REPORT Dem) Institute today is based on world’s largest data set on self-censorship and harassment. 2018 democracy including the assessments of more 3,000 democracy experts for 201 countries. • New laws have reduced active civil society organisations operating in India by around 60% in 2017 alone.

World Trends in • The report is published by UNESCO Freedom of Expression • and Media Press freedom is examined in four of its key dimensions: Development Global (i) media freedom, (ii) media pluralism, (iii) media Report 2017/2018 independence and (iv) safety of journalists. Emergency Response Himachal Pradesh is the first state • Launched by Home Ministry Support System (ERSS) to launch pan-India single

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MISCELLANEOUS

• Emergency Response Centre has been integrated with emergency number ‘112’ under Police (100), Fire (101), Health (108) and Women helpline ERSS. (1090) Services to provide emergency services via single emergency number - 112. • The service also includes a ‘112 India’ mobile app integrated with Panic Button of smartphones and ERSS State website for ease of citizen in availing immediate assistance.

iGOT (Integrated • It is developed by Department of Personnel and Training, The initiative aims at “Competent Government Online Ministry of Personnel, Public Grievances & Pensions. Civil Services for Good Governance” Training Programme) The app aims to provide information as well as data related • Railway Ministry has launched the Aapoorti mobile app of Aapoorti app to e-tendering and e-auction Indian Railways e-procurement system (IREPS) related activities of the national transporter.

• It is developed by the Union Ministry of Parliamentary Affairs • With the inauguration of the • This system has made the information regarding OAMS, all assurances being assurances given on the floor of the Houses of Parliament culled out by the Ministry of paper less and available in digital format. Parliamentary Affairs through e- Office would be reflected on this • Different Ministers, while giving replies to questions or system and various Online Assurances making statements in Parliament, give assurances on the Ministries/Departments, Lok Monitoring System floor of the House. Sabha Secretariat and Rajya (OAMS) • The Ministry of Parliamentary Affairs culls out such Sabha Secretariat would assurances from the proceedings of the House, based on communicate for all purposes the guidelines for this purpose, and sends the extract of through this system. those assurances to the concerned Ministries for their • This would encompass various fulfilment. actions related to Parliamentary • There is a committee on government Assurances in each Assurances. house.

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SECTION 2

M C QS

ANSWER KEY

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PRACTICE MCQs

Q1. With reference to the Parliament's power to 1. All the States and Union Territories have reorganize the States under Article 3 of the Indian representation in it. Constitution’, which of the following statements is/are 2. It is a directly elected body like the Lok Sabha. correct? 3. The term of Rajya Sabha is six years. (1) A bill contemplating the reorganisation of States can Which of the statements given above is/are correct? be introduced in the Parliament with or without prior (a) 1 and 3 only recommendation of the President. (b) 1 only (2) The bill, after its introduction in the Parliament has to (c) 3 only be referred to the State Legislature concerned for (d) None of the above expressing its views within a specified period.

Select the correct answer using the code given below: Q 5. With reference to ‘Parliamentary Privileges’ provided (a) 1 only by the Indian Constitution, which of the following (b) 2 only statement(s) is/are correct? (c) Both 1 and 2 1. The Members of Parliament enjoy freedom of Speech (d) Neither 1 nor 2 and Expression in the Parliament. 2. The President of India has the final powers to decide Q2. Consider the following statements with respect to the matters of breach of such privileges. Citizenship Amendment Bill, 2016. 3. Parliamentary Privileges act as an effective check on (1) The recent Citizenship Amendment Bill, 2016 seeks to Cabinet Dictatorship. amend the Citizenship Act, 1955. Select the correct answer using the code given below: (2) The Bill seeks to grant citizenship to people belonging (a) 3 only to minority communities from Afghanistan, Pakistan (b) 1 and 3 only and Bangladesh (c) 1 and 2 only (3) Only the Muslims and the Christians are designated as (d) 1, 2 and 3 minority communities in India under the bill.

Which of the statement(s) given above is/are correct? Q6. With reference to ‘Local Government provisions before (a) 2 only 73rd and 74th amendments to the Indian (b) 1 and 2 only Constitution’, which of the following statements is/are (c) 1 and 3 only correct? (d) 1, 2 and 3 1. The subject of Local Government was assigned to the State Governments. Q3 : Consider the following statements: 2. It was mentioned in the Directive Principles of State (1) The Zonal Councils are constitutionally mandated to Policy. achieve an emotional integration of the country. Select the correct answer using the code given below: (2) The Inter-State Council has jurisdiction in deciding (a) 1 only issues relating to inter-state, centre–state and centre– (b) 2 only union territories relations. (c) 1 and 2 only Which of the statements given above is/are incorrect? (d) Neither 1 nor 2 (a) 1 only (b) 2 only Q7. In the context of ‘Indian Judiciary’, which of the (c) Both 1 and 2 following statements are correct? (d) Neither 1 nor 2 1. Both the Supreme Court and the High Courts have the power to interpret the Constitution. Q4. With reference to the Rajya Sabha, consider the 2. Indian Judiciary acts as the guardian of the following statements: Fundamental Rights. 112 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

PRACTICE MCQs

3. Indian Judiciary is one of the most powerful judiciaries (a) 1 only in the world. (b) 1 and 2 only Select the correct answer using the code given below: (c) 2 and 3 only (a) 1 and 2 only (d) 1, 2 and 3 (b) 2 and 3 only (c) 1 and 3 only Q11. Consider the following statements with reference to (d) 1, 2 and 3 denotified tribes: (1) The Constitution of India has special provisions for Q8. Which of the following features related to 'Indian Denotified Tribes. Judiciary' have been provided in the Constitution of (2) Denotified Tribes are the tribes that were originally India? listed under the Criminal Tribes Act of 1871. 1. Judicial Independence (3) The National Commission for De-notified, Nomadic 2. Judicial Supremacy and Semi Nomadic Tribes (NCDNT) is a constitutional 3. Integrated Judiciary for the Union and the States body to study various developmental aspects of 4. Each State with its own High Court independent of the Denotified Tribes. jurisdiction of the Supreme Court. Which of the statements given above is/are correct? Select the correct answer using the code given below: (a) 2 only (a) 2 and 3 (b) 2 and 3 only (b) 1, 2 and 3 (c) 1 and 3 only (c) 1 and 3 (d) 1 and 2 only (d) 1, 2, 3 and 4 Q12. Which of the following is/are not the Q9. Consider the following statements with respect to recommendations of B N Srikrishna Committee on Data Security Council of India (DSCI) data privacy? (1) It is a not-for-profit, industry body on data protection (1) Amending Aadhaar Act to tighten data protection and in India. to empower UIDAI to act against companies misusing (2) The objective of DSCI is to make the cyberspace safe, information. secure and trusted by establishing best practices in (2) All firms have to appoint a Data Protection Officer. cyber security and privacy. (3) Data protection authority of India shall be set by GOI. Which of the statement(s) given above is/are correct? Select the correct answer using the code given below: (a) 1 only (a) 2 only (b) 2 only (b) 2 and 3 only (c) Both 1 and 2 (c) 1 and 3 only (d) Neither 1 nor 2 (d) None of the above

Q10. UIDAI introduced a new concept of 'Virtual ID'. With Q13. Consider the following statements regarding reference to this concept, which of the following Ayushman Bharat: statements is/are correct? (1) Ayushman Bharat is a national health protection (1) Aadhaar holder can regenerate Virtual ID multiple scheme which will cover over 50 crore poor and times in a day. vulnerable people. (2) Only Virtual ID is sufficient to authenticate (2) It will provide coverage of up to 5 lakh per family per transactions and e-know-your customer (KYC) services year. of Aadhaar holder. (3) National Health Authority is statutory body created to (3) One's Aadhaar number can be derived from the implement the scheme. Virtual ID generated. Which of the statement(s) given above is/are correct? Select the correct answer using the code given below: (a) 1 and 2 only

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PRACTICE MCQs

(b) 2 and 3 only 1. All documents covered under the Official Secrets Act (c) 3 only 1923. (d) 1, 2 and 3 2. Information related to national security and sovereignty. Q14 : With reference to BharatNet, consider the following 3. Information available to a person in his fiduciary statements: relationship. (1) It aims to connect all Gram Panchayats with optical 4. Information that can cause invasion of privacy of an fibre by March, 2019. individual. (2) It proposes connecting all public institutions and every Select the correct answer using the code given below. home in a village through internet. (a) 1, 2 and 3 only Which of the statements given above is/are correct? (b) 2, 3 and 4 only (a) 1 only (c) 1 and 4 only (b) 2 only (d) 1, 2, 3 and 4 (c) Both 1 and 2 (d) Neither 1 nor 2 Q18. With respect to District Development Ministry Coordination and Monitoring Committee (DISHA), Answer : a which of the following statements is/are correct? 1. The primary objective of the committee is to ensure Q15 : Consider the following statements regarding ‘Project timely implementation of the Central schemes. Navlekha’ 2. The District Collector is member secretary of DISHA. (1) It is a project to bring India’s 135,000 Indic language Select the correct answer using the code given below. publications online in a hassle-free manner. (a) 1 only (2) The project is launched by Intel Corporation. (b) 2 only Which of the statements given above is/are correct? (c) Both 1 and 2 (a) 1 only (d) Neither 1 nor 2 (b) 2 only (c) Both 1 and 2 Q19. With reference to the Government e- Marketplace (d) Neither 1 nor 2 (GeM), consider the following statements: 1. It is meant to enable the sale of assets of sick Public Q16 : With reference to „E-Government Development Index Sector Undertakings to registered businesses. (EGDI), recently in news, consider the following 2. MSMEs (Micro, Small and Medium Enterprises) cannot statements: be registered on this platform. 1. It is a composite indicator which reflects how a country Which of the statements given above is/are correct? is using information technologies to promote access (a) 1 only and inclusion of its people. (b) 2 only 2. It is presented biannually by the United Nations (c) Both 1 and 2 Department of Economic and Social Affairs (UN DESA). (d) Neither 1 nor 2 Which of the statements given above is/are correct? (a) 1 only Q20. The Ministry of Human Resource Development has (b) 2 only launched ‘Samagra Shiksha’ – an integrated scheme (c) Both 1 and 2 for school education. Which of the following (d) Neither 1 nor 2 statements is/are correct in this regard? (1) One of the most important provisions of the scheme is Q17. Which of the following are the exemptions provided to fill the vacant teaching posts and to give training to under Section 8 of RTI Act 2005? untrained teachers.

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PRACTICE MCQs

(2) It subsumes the three Schemes of Sarva Shiksha 2. According to Census 2011, Tamil is the second most Abhiyan, Rashtriya Madhyamik Shiksha Abhiyan, and spoken language in India after Hindi. Teacher Education. Select the correct answer using the code given below: Select the correct answer using the code given below: (a) 1 only (a) 1 only (b) 2 only (b) 2 only (c) Both 1 and 2 (c) Both 1 and 2 (d) Neither 1 nor 2 (d) Neither 1 nor 2 Q24. With reference to the ‘Special status of Jammu & Q21. Recently Rashtriya Gram Swaraj Abhiyan was rolled Kashmir under Article 370 of the Indian Constitution’, out by the government to deliver benefits of several which of the following statements is/are correct? flagship programmes to poor households in rural 1. Jammu & Kashmir has a separate Constitution and a areas. Flag. Which of the following schemes is/are part of Gram 2. The Union Government can impose Financial Swaraj Abhiyan? Emergency in the State. (1) Pradhan Mantri Ujjwala Yojana 3. No emergency due to internal disturbance can be (2) Saubhagya declared in the State without the concurrence of the (3) Ujala Scheme Governor of the State. (4) Pradhan Mantri Jan Dhan Yojana Select the correct answer using the code given below: Select the correct answer using the code given below: (a) 1 only (a) 2 only (b) 2 only (b) 2 and 3 only (c) 1 and 2 only (c) 1 and 3 only (d) 1, 2 and 3 (d) 1, 2, 3 and 4 Q 25. The Government of India has decided to take the Q22. Consider the following statements regarding the ‘Ease ordinance route to implement the proposed ‘Indian of Living Index’ Arbitration Council Act, 2017’. In this context, consider (1) It is an index released by UN-Habitat to assess the the following statements: liveability of cities with regards to global benchmarks. (1) The Institution will conduct only international (2) The index captures the quality of life based on the arbitration. data collected from the urban local bodies on four (2) The Minister of Law and Justice will chair the parameters viz governance, social, economic and Arbitration Council. physical factors. (3) The Council will take over the undertakings of (3) Pune, Bengaluru and Ahmadabad are among top International Centre for Alternative Dispute Resolution three cities in India under Ease of Living Index. International Centre (ICADR). Which of the statements given above is/are correct? Which of the statements given above is/are correct? (a) 1 and 2 only (a) 3 only (b) 2 and 3 only (b) 1 and 2 only (c) 2 only (c) 1 and 3 only (d) 1, 2 and 3 (d) 1, 2 and 3

Q23 : With reference to ‘Indian Languages’, which of the Q26. With reference to ‘Tribal Advisory Council’, in a State, following statements is/are correct? which of the following statements is/are correct? 1. The Seventh Schedule to the Indian Constitution (1) It consists of a maximum of 20 members out of which includes 22 official languages of India. 3/4th are Scheduled Tribe MLAs of the State concerned.

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PRACTICE MCQs

(2) It advises the President on matters pertaining to (2) The oath of the office to the Governor is administered welfare and advancement of Scheduled Tribes in the by the President of India. State concerned. (3) He should not be a member of either House of the Select the correct answer using the code given below: Parliament or a House of the State Legislature. (a) 1 only (4) His emoluments and allowances cannot be diminished (b) 2 only during his term of office. (c) Both 1 and 2 Select the correct answer using the code given below: (d) Neither 1 nor 2 (a) 1 and 2 only (b) 3 and 4 only Q27. In the context of the Parliamentary system of India, (c) 2, 3 and 4 only the term 'whip' is often in the news. Which of the (d) 1, 2, 3 and 4 statements given below is/are correct regarding the office of the Whip? Q30. Recently, which State has passed a Bill to do away with (1) The Office of Whip is mentioned in the Rules of each the intermediate level Panchayat? House of the Parliament. (a) Goa (2) The Speaker/Chairman appoints Whip for each party (b) Sikkim who ensures attendance of party members. (c) Arunachal Pradesh Select the correct answer using the code given below: (d) Rajasthan (a) 1 only (b) 2 only Q31. Which of the following statements is/are correct with (c) Both 1 and 2 respect to a Departmentally Related Standing (d) Neither 1 nor 2 Committee? (1) It consists of 31 members Q28. The Supreme Court of India recently decriminalized (2) The objective is to secure more accountability of the the offence of adultery Which of the following is/are Executive to the Parliament the reason(s) observed by the Supreme Court to (3) A Minister is eligible to be nominated as a member of decriminalize adultery? any of the Standing Committees. (1) Criminalization of adultery led to commodification of Select the correct answer using the code given below: women. (a) 2 only (2) Criminalization of adultery is violative of Article 14 of (b) 1 and 2 only the Constitution (c) 2 and 3 only (3) Criminalization of adultery is the violation of the right (d) 1, 2 and 3 to privacy and to live with dignity, thus violating their

fundamental rights under Article 21 of the Q32. In India, the privileges of a State Legislature extend to Constitution. which of the following functionaries? Select the correct answer using the code given below: (1) The Governor of the State. (a) 1 only (2) The Advocate-General of the State (b) 2 only (3) The Members of the State Legislative Assembly. (c) 1 and 2 only (4) The Members of the State Legislative Council. (d) 1, 2 and 3 Select the correct answer using the code given below:

(a) 1, 3, 4 only Q29. The Indian Constitution lays down certain conditions (b) 2, 3 and 4 only for the office of the Governor. In this context, which of (c) 3 and 4 only the following conditions are correct? (d) 1, 2, 3 and 4 (1) His emoluments and allowances are charged upon the

Consolidated Fund of India

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Q33. For being elected to the office of the President of (2) It consists of a Chairman and four other members to India, one must not hold any office of profit. Which be appointed by the Prime Minister among the following is considered as an office of (3) Its members are eligible for reappointment. profit? (4) The Constitution has specified the qualifications of its (a) The Vice-President Chairman and members. (b) The Chief Justice of India Which of the statements given above is/are correct? (c) The Governor of any State (a) 1 only (d) The Minister of the Union or any State (b) 1 and 2 only (c) 1 and 3 only Q34. In the context of special provision for Jammu and (d) 1, 2, 3 and 4 Kashmir under Article 35A of the Constitution, Answer : C consider the following statements: (1) It was introduced in 1954 by a parliamentary Q37. Consider the following statements about the resolution. implementation of Lokpal and Lokayukta in India: (2) It provides for rights such as ownership of land (1) More than half of the States in India have State restricted to ‘permanent residents’ of the State. Lokayukta Acts in place. (3) The amendment made there upon did not invoke (2) The Lokpal will have the power of superintendence Article 368 of the Constitution. and direction over any investigation agency including Which of the statements given above is/are not correct? the Central Bureau of Investigation (CBI), over cases (a) 1 only that are referred to them by the Lokpal. (b) 2 and 3 only (3) The President of India is the sole authority to select (c) 1 and 2 only and appoint the Lokpal. (d) 1, 2 and 3 Which of the statements given above is/are correct? (a) 3 only Q35. Consider the following statements regarding the (b) 1 and 2 only National Medical Commission (NMC) Bill, 2017: (c) 1 and 3 only (1) The National Medical Commission Bill seeks to replace (d) 2 and 3 only the Medical Council of India with a new regulatory body. Q38. Consider the following statements regarding the (2) A Medical Advisory Council (MAC) will be set up to Election Commission of India: provide a platform to states/union territories to (1) The Constitution of India provides for a three-member express their views and concerns. Election Commission. (3) The Bill allows practitioners of Ayurveda and other (2) The Chief Election Commissioner holds his office traditional Indian Systems of Medicine to prescribe during the pleasure of the President. allopathic drugs after they have passed a ‘bridge (3) The Election Commission of India administers course’. elections to the Lok Sabha, the Rajya Sabha and the Which of the statements given above are correct? office of the President only. (a) 1 and 2 only Which of the statements given above is/are not correct? (b) 2 and 3 only (a) 1 and 2 only (c) 1 and 3 only (b) 2 and 3 only (d) 1, 2 and 3 (c) 1 and 3 only (d) 1, 2 and 3 Q36. Consider the following statements regarding composition and functions of the Finance Commission Q39. The Attorney General of India (AG) is the Government of India of India’s Chief Legal Advisor. In this context, consider (1) It is a quasi-judicial body the following statements:

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(1) He must be a person qualified to be appointed as a Q42. In India, Electoral Bonds are being pitched as an Judge of the Supreme Court. alternative to cash donations made to political parties (2) He can be made a member of any Parliamentary and bring transparency in political funding. In this Committee. context, consider the following statements: (3) He enjoys all the powers and privileges of a Cabinet (1) Electoral Bonds were introduced in the Union Budget Minister. 2017-18. Which of the statements given above are correct? (2) There is no compulsion of KYC fulfilment before (a) 1 and 2 only issuing the Electoral Bonds. (b) 2 and 3 only (3) The funding through Electoral Bonds has been made (c) 1 and 3 only available only to political parties with minimum one (d) 1, 2 and 3 per cent of the votes polled in the last general election to the House of the People or a Legislative Assembly.

Which of the statements given above is/are correct? Q40. Consider the following statements regarding the National Commission for Scheduled Castes (NCSCs) in (a) 3 only India: (b) 1 and 3 only (1) It is a statutory body and its members are appointed (c) 2 and 3 only by the President. (d) 1, 2 and 3 (2) It has all the powers of a civil court trying a suit like summoning and enforcing the attendance of any Q43 : In the context of the National Commission for person from any part of India and examining him on Scheduled Tribes (NCSTs) in India, which of the oath. following statements are correct? (3) It is also required to discharge similar functions with (1) The National Commission for Scheduled Tribes regard to the Other Backward Classes (OBCs) and the (NCSTs) is a constitutional body. Anglo-Indian Community as it does with respect to the (2) It deals with measures to be taken over conferring SCs. ownership rights in respect of all non-timber forest Which of the statements given above is/are not correct? produce to Scheduled Tribes living in forest areas. (a) 1 only (3) It decides measures to be taken to reduce and (b) 3 only ultimately eliminate the practice of shifting cultivation (c) 1 and 3 only by tribals that lead to their continuous (d) 2 and 3 only disempowerment and degradation of land and the environment.

Select the correct answer using the code given below: Q41. In the Indian context, which of the following statements is/are correct about the State Human (a) 1 and 2 only Rights Commission (SHRC)? (b) 2 and 3 only (1) The SHRC can intervene in the subject related to (c) 1 and 3 only Human Rights violation in List II and List III of the (d) 1, 2 and 3 Seventh Schedule to the Indian Constitution. (2) Its members are appointed by the Governor on the Q44. The Prime Minister of India is the Chairperson of recommendation of the State Council of Ministers. which of the following bodies? Select the correct answer using the codes given below: (1) NITI Aayog (a) 1 only (2) Inter-State Council (b) 2 only (3) National Development Council (c) Both 1 and 2 (4) Economic Advisory Council (d) Neither 1 nor 2 Select the correct answer using the code given below: (a) 1, 2 and 3 only (b) 1, 3 and 4 only

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(c) 2, 3 and 4 only (b) The CBI possesses functional and financial autonomy (d) 1, 2, 3 and 4 granted by the statute. (c) The CBI functions under the Cabinet Secretariat. Q45 : Regarding the National Commission for Backward (d) The CBI provides assistance to the Central Vigilance Classes (NCBC) in India, which of the following Commission and the Lokpal. statements is correct? (a) It lies under the jurisdiction of Ministry of Home Q49. Which of the following languages in the original Indian Affairs. Constitution were added by means of amendments to (b) It has been conferred a status of a constitutional body. the Eighth Schedule to the Constitution? (c) It considers inclusions in and exclusions from the lists (1) Nepali of communities notified as backward for the purpose (2) Manipuri of job reservations and tenders the needful advice to (3) Odia the Central Government. (4) Sindhi (d) It has been empowered to look into the grievances of Select the correct answer using the code given below: persons of Other Backward Classes (a) 1, 2 and 3 only (b) 1, 2 and 4 only Q46. Which of the following correctly indicates the status of (c) 2, 3 and 4 only the NITI Aayog? (d) 1, 2, 3 and 4 (a) A constitutional body (b) A statutory but extra-constitutional body Q50. With reference to the pardoning power of the (c) A non-statutory and extra-constitutional body President and the Governor in India, which of the (d) None of the above following statements is/are correct? (1) The President can pardon sentences inflicted by Court Q47. Consider the following statements about River Water Martial (military courts) while the Governor cannot. Disputes : (2) Both the President and the Governor have concurrent (1) Under Article 262 of the Constitution the Parliament powers in respect of suspension, remission and may by law provide for the adjudication of any dispute commutation of death sentence. or complaint with respect to the use, distribution and Select the correct answer using the code given below: control of waters of any inter-State river and river (a) 1 only valley. (b) 2 only (2) The President may also provide that neither the (c) Both 1 and 2 Supreme Court nor any other court can exercise (d) Neither 1 nor 2 jurisdiction in respect of any such dispute or complaint

(3) The decision of the tribunal would be final and binding Q51. The Electronic Voting Machines (EVMs) reduce the time on the parties to the dispute in both casting a vote and declaring the results as Which of the statements given above are correct? compared to the old paper ballot system. Consider the (a) 1 and 2 only following statements with reference to EVMs: (b) 1 and 3only 1. India turned into a complete e-democracy in General (c) 1, 2 and 3 Elections 2004 when EVMs were used across all polling (d) 2 and 3 only stations in the country. 2. EVMs are tamper-proof and cannot be connected to Q48. In the context of ‘the Central Bureau of Investigation any external network devices. (CBI) in India’, which of the following statements is Which of the statements given above is/are correct? correct? (a) 1 only (a) The CBI in its present form was created in 1964 by (b) 2 only enactment of Delhi Special Police Establishment Act. (c) Both 1 and 2

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(d) Neither 1 nor 2 2. The expression 'natural justice' is not mentioned in the Constitution of India. Q52. Which among the following States in India never had a 3. Article 32 of the Indian Constitution provides State Legislative Council? constitutional remedies against the violation of (a) West Bengal principle of natural justice. (b) Odisha Which of the statements given above is/are correct? (c) Tamil Nadu (a) 1 only (d) Maharashtra (b) 2 and 3 only (c) 1, 2 and 3 Q53. Consider the following statements with respect to the (d) 3 only establishment of Tribunals in India: (1) Under Article 323A, tribunals can only be established Q56. Consider the following statements with regard to the by the Parliament of India for the administrative office of the Comptroller and Auditor General (CAG)? purposes. 1. Constitution of India (Article 148) provides for an (2) Under Article 323B, the Parliament and the State independent office of the Comptroller and Auditor Legislatures are authorized to provide for the General of India (CAG). establishment of tribunals for the adjudication of 2. CAG reports are discussed by the Public Accounts disputes related to taxation and land reforms. Committee. Which of the statements given above is/are correct? 3. While dealing with the audit and accounting of (a) 1 only government companies, CAG has certain judicial (b) 2 only powers for prosecuting those who violate the law. (c) Both 1 and 2 Which of the statements given above is/are correct? (d) Neither 1 nor 2 (a) 1 and 2 only (b) 2 only Q54. Model Code of Conduct is a set of guidelines issued by (c) 1 and 3 only the Election Commission of India for conduct of (d) 1, 2 and 3 political parties and candidates during elections. Which of the following are permissible activities under Q57 : With respect to 15th Finance Commission, Which the Model Code of Conduct? among the following Statements is/are Correct ? (1) On-going well-being programmes, which actually 1. Commission has been asked by the Union government started before the announcement of elections. to consider 2011 census data instead of 1971 Census (2) Criticism of other political parties and candidates data. related to their policies, programmes, past record and 2. The Commission may consider proposing measurable work. performance-based incentives for States, at the (3) Aspect of the private life, not connected with the appropriate level of government. public activities, of the leaders or workers of other Select the correct answer using the codes given below. parties shall be permitted to be criticized. (a) 1 only Select the correct answer using the code given below: (b) 2 only (a) 1 and 2 only (c) Both 1 and 2 (b) 1, 2 and 3 only (d) Neither 1 and 2 (c) 2, 3 only (d) 1 and 3 Q58. Which of the following statements is NOT true for Public Accounts Committee of Indian Parliament ? Q55. Consider the following statements: (a) This committee was setup first in 1921 under the 1. The principle of natural justice ensures that no person provisions of the Government of India Act of 1919 and shall be punished without a fair hearing. has since been in existence.

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(b) It consists of members from both Loksabha and 2. Constitution does not specify the qualifications and Rajyasabha procedure for removal of the Special Officer for (c) The term of office of the members is five years. Linguistic Minorities. (d) A minister cannot be elected as a member of the Select the correct answer using the codes given below. committee (a) 1 only (b) 2 only Q59. As per Article 110 of the Indian Constitution a bill is (c) Both 1 and 2 deemed to be a money bill if it contains ‘only’ (d) Neither 1 and 2 provisions dealing with all or any of the matters which includes Q63 : With reference to the Press Council of India, consider I. The imposition, abolition, remission, alteration or the following statements: regulation of any tax by any local authority or body for 1. It is a statutory body. local purposes. 2. It is usually chaired by the retired judge of Supreme II. The regulation of the borrowing of money by the Court. Union government; 3. It has the powers to take penal action against the III. The appropriation of money out of the Consolidated delinquent newspapers. Fund of India; Which of the statements given above is/are correct? (a) Only I and III (a) 1 and 2 only (b) Only II and III (b) 3 only (c) Only III (c) 1 and 3 only (d) I, II and III (d) 1, 2 and 3

Q60. Which of the following statements are true for Q64. Which of the following functions is/are performed by Privilege Motion ? the Telecom Regulatory Authority of India (TRAI)? (a) It is introduced in the Parliament by a member to call 1. Granting new licenses for cellular services the attention of a minister to a matter of urgent public 2. Fixing tariffs for telecommunication services importance 3. Settlement of disputes in the telecom sector (b) It is concerned with the breach of parliamentary Select the correct answer using the code given below. privileges by a minister. (a) 1 and 3 only (c) Its purpose is to censure the concerned minister. (b) 2 only (d) Both B and C (c) 1 and 2 only

(d) 1, 2 and 3 Q61. Which of the following bodies does not/do not find

mention in the Constitution? Q65. With reference to the National Legal Service Authority 1. NITI Ayog (NALSA), consider the following statements: 2. Planning Commission 1. It is a statutory body aimed at providing free legal 3. Special Officer for Linguistic Minorities services to the weaker sections of the society. Select the correct answer using the codes given below. 2. Chief Justice of India is its Patron-in- Chief. (a) 1 and 2 only 3. It organizes Lok Adalats for amicable settlement of (b) 2 only disputes. (c) 1 and 3 only Which of the statements given above is/are correct? (d) 1, 2 and 3 (a) 1, 2 and 3

(b) 2 and 3 only Q62. Which reference to the Special Officer for Linguistic (c) 1 and 3 only Minorities ,consider the following statements: (d) 1 only 1. It did not find mention in the original constitution.

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Q66 : Power of Lokpal under Lokpal and Lokayuktas Act 3. The code is applicable even during bye- elections in 2013 extends to which of the following? the entire district or districts in which the constituency 1. Prime Minister falls. 2. Members of Parliament Select the correct answer using the code given below. 3. Civil Servants (a) 1 and 2 only Select the correct answer using the code given below. (b) 3 only (a) 1 and 2 only (c) 2 and 3 only (b) 2 and 3 only (d) 1, 2 and 3 (c) 3 only (d) 1, 2 and 3 Q70. Which of the following is/are provided under Representation of People's Act, 1951? Q67. With respect to Fugitive Economic Offenders‟ Act 2018, 1. It allows a candidate to contest elections from more a person to be declared as a fugitive economic than two constituencies at the same time. offender if: 2. For contesting an election as a candidate a person 1. an arrest warrant has been issued against him for any must be registered as a voter. specified offenses. 3. A person confined in prison can vote in elections. 2. the value of an offence involved is over Rs 100 crore. Select the correct answer using the code given below. 3. he has left the country and refuses to return to face (a) 1, 2 and 3 prosecution. (b) 2 only Which of the statements given above is/are correct? (c) 2 and 3 only (a) 1 and 2 only (d) 1 and 3 only (b) 2 and 3 only (c) 1 only Q71. With reference to the Systematic Voters‟ Education (d) 1, 2 and 3 and Electoral Participation (SVEEP), consider the following statements: Q68. Consider the following statements with respect to 1. It is a programme designed to educate citizens in Electronically Transmitted Postal Ballot System? order to increase their awareness of the electoral 1. It was developed jointly by Election Commission of processes. India and National Informatics Centre (NIC). 2. It takes the history of a state’s electoral participation 2. It was first used in Nellithope by-elections in into consideration. Puducherry in 2016 3. It has been launched by Election Commission of India 3. It can only be used by those voters who are posted Which of the statements given above is/are correct? outside their constituency. (a) 1 and 2 only Which of the statements given above is/are correct? (b) 2 and 3 only (a) 1 only (c) 3 only (b) 1 and 3 only (d) 1, 2 and 3 (c) 1 and 2 only (d) 2 and 3 only Q72. Consider the following statements with respect to Rashtriya Gram Swaraj Abhiyaan: Q69. Which of the statements given below is/are correct (1) This scheme aims at making rural local bodies self regarding Model Code of Conduct in India? sustainable, financially stable and more efficient. 1. It is prepared by the Central government in (2) This scheme will extend to all States and Union consultation with the Election Commission of India. Territories of the country. 2. Its violation can attract a penalty under the (3) It includes institutions of local government in rural Representation of the People, 1951 Act. areas where Panchayats do not exist. Which of the statements given above are not correct?

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(a) 1 and 3 only 2. It will include persons whose names appear in any of (b) 2 and 3 only the electoral rolls upto the midnight of 24th March, (c) 1, 2 and 3 1971 or National Register of Citizens, 1951 and their (d) None of the above descendants. Select the correct answer using the code given below: Q73. In the context of ‘Governor’s Rule in Jammu & Kashmir (a) 1 only (J&K)’, which of the following statements is/are correct? (b) 2 only (1) In J&K, Governor’s Rule can be imposed for failure of (c) Both 1 and 2 the constitutional machinery in the State. (d) Neither 1 nor 2 (2) The Governor, by proclamation, may subsume to himself all or any of the functions of the Government Q77. Consider the following statements about Prasar Bharti of the State and all or any of the powers vested in or 1. It is non statutory body. exercisable by anybody or any authority in the State. 2. It comprises Doordarshan Television Network and All Select the correct answer using the code given below: India Radio, which were earlier part of the Ministry of (a) 1 only Information and Broadcasting (b) 2 only Select the correct answer using the code given below: (c) Both 1 and 2 (a) 1 only (d) Neither 1 nor 2 (b) 2 only (c) Both 1 and 2 Q74. Consider the following statements about Delhi union (d) Neither 1 nor 2 territory : 1. Delhi is the only union territory having legislative Q78. Consider the following statements about NITI forum assembly. for north East. 2. The chief minister of Delhi is appointed by president . 1. The first meeting of the newly constituted ‘NITI Forum Select the correct answer using the code given below: for North East’ took place in Agartala, Tripura (a) 1 only 2. Prime minister of India is the chairman of NITI forum (b) 2 only for north east. (c) Both 1 and 2 Select the correct answer using the code given below: (d) Neither 1 nor 2 (a) 1 only (b) 2 only Q75. Consider the following statements about special (c) Both 1 and 2 category status : (d) Neither 1 nor 2 1. The Constitution does not include any provision for categorisation of any State as a SCS Q79. Consider the following statements about National 2. It first introduced in 1969 by the 5th Finance trust frequently in news Commission based on the Gadgil formula 1. It is statutory body Select the correct answer using the code given below: 2. It was envisaged with a core mission of providing (a) 1 only opportunities for capacity development of Persons (b) 2 only with Disabilities and their families (c) Both 1 and 2 Select the correct answer using the code given below: (d) Neither 1 nor 2 (a) 1 only (b) 2 only Q76. Consider the following statements about National (c) Both 1 and 2 register of citizen frequently in news : (d) Neither 1 nor 2 1. Assam is the only state with such a document.

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Q80. Consider the following statements about Defence (a) 1 only Acquisition Council frequently in news (b) 2 only 1. It is headed by the Defence Minister (c) Both 1 and 2 2. It is responsible to give policy guidelines to (d) Neither 1 nor 2 acquisitions, based on long-term procurement plans 3. It also clears all acquisitions, which includes both Q84 : Which among the following were the issues highlighted imported and those produced indigenously post- Indian independence with the system of Which of the statements given above are not correct? Proportional Representation for the election of (a) 1 and 3 only members to the Lok Sabha? (b) 2 and 3 only 1. Difficult to understand for large illiterate population of (c) 1, 2 and 3 India (d) None of the above 2. Possibility of political instability 3. Risk of all sections of people not getting Q81. Consider the following statements about Law representation commission of India frequently seen in news (a) Only 1 1. The Commission is established for a fixed tenure and (b) Only 1 and 2 works as an advisory body to the Ministry of Law and (c) Only 2 Justice. (d) 1, 2 and 3 2. It undertakes research in law and review of existing laws in India for making reforms therein and enacting Q85 : Under the Constitution, a person shall be disqualified new legislations. for being elected as a member of Parliament: Select the correct answer using the code given below: 1. if he is an undischarged insolvent. (a) 1 only 2. if he has been found guilty of corrupt practices in the (b) 2 only elections (c) Both 1 and 2 3. if he has been punished for practicing dowry (d) Neither 1 nor 2 (a) Only 1 (b) Only 1 and 2 Q82. Consider the following statements: (c) Only 2 and 3 (1) The Fundamental Duties enshrined in the Indian (d) 1, 2 and 3 Constitution are applicable to the citizens of India as well as foreigners. Q86 : Which among the following are the powers of the (2) The Parliament of India can enforce the Fundamental Loksabha Speaker ? Duties through suitable legislation. 1. He is the final interpreter of the provisions of the Which of the statements given above is/are correct? Constitution of India within the House. (a) 1 only 2. He presides over a joint setting of the two Houses of (b) 2 only Parliament. (c) Both 1 and 2 3. He decides the questions of disqualification of a (d) Neither 1 nor 2 member of the Lok Sabha, arising on the ground of defection under the provisions of the Tenth Schedule. Q83. Consider the following statements: His decision is not subject to judicial review. (1) A Joint State Public Service Commission (JSPSC) in India (a) Only 2 is a statutory and not a constitutional body. (b) Only 2 and 3 (2) A Joint State Public Service Commission (JSPSC) can be (c) Only 1 and 2 created by an act of the Parliament on the request of (d) 1, 2 and 3 the State Legislatures concerned. Which of the statements given above is/are correct?

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Q87. Consider the following statements with respect to the 1. He should not advise or hold a brief against the devices of the Parliamentary proceedings. Government of India. 1. Question Hour is the first hour of every parliamentary 2. He is debarred from private legal practice. sitting. 3. He should not defend accused persons in criminal 2. Question Hour starts just after the completion of Zero prosecutions without the permission of the Hour Government of India. 3. Zero Hour is an Indian innovation in the field of Select the correct answer using the codes given below. parliamentary procedures. (a) 1 and 2 only Which among the above statements are correct ? (b) 2 only (a) Only 1 (c) 1 and 3 only (b) Only 1 and 3 (d) 1, 2 and 3 (c) Only 2 and 3 (d) 1, 2 and 3 Q91. Consider the following statements Assertion (A): The Comptroller and Auditor General(CAG) of Q88. Which of the following is/are special power(s) of the India, in Practice, is an Auditor-General Only Rajyasabha in India? Reason(R): The CAG has no Control over the issue of money 1. Authorising the Parliament to legislate on specified from the Consolidated Fund. subjects under the State List. Select the correct answer using the codes given below. 2. Authorising the Parliament for creation of an All India (a) Both A and R are true and R is the correct explanation Service. of A 3. Authorising the Parliament to create/abolish a State in (b) Both A and R are true, but R is not a correct India. explanation of A 4. Passing a resolution for revocation of President’s Rule (c) Both A and R are false in a State. (d) A is false, but R is true Select the correct answer using the codes given below: (a) 1 only Q92. Under Article 12 of the Indian Constitution, which of (b) 1 and 2 only the following bodies come under the definition of (c) 1, 2 and 3 only ‘State’? (d) 2, 3 and 4 only (1) District Boards (2) Navratnas like ONGC Q89. Which among the following are the functions of (3) Any private agency working for AADHAR registration Committee on Public Undertakings of Indian Select the correct answer using the code given below: Parliament ? (a) 1 and 2 only 1. To examine the reports and accounts of public (b) 2 and 3 only undertakings. (c) 1 and 3 only 2. To examine the reports of the comptroller and auditor (d) 1, 2 and 3 general on public undertakings 3. To examine matters of day-to-day administration. Q93 : With reference to the ‘Parliamentary System in India’, Select the correct option consider the following statements: (a) 1 and 2 only (1) The Constitution of India provides for the (b) 1 only parliamentary form of government, both at the Centre (c) 3 only and in the States. (d) 1, 2 and 3 (2) The Executive, for its policies and acts, is constitutionally independent of the Legislature. Q90. Which among the following is not the limitation placed on the Attorney General of India?

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PRACTICE MCQs

(3) The Parliamentary form of government is also known (b) 1 and 3 only as responsible government, which is prevalent in (c) 2 and 3 only Maldives. (d) 3 and 4 only Which of the statements given above is/are correct? (a) 1 only Q97. Consider the following terms/phrases: (b) 1 and 2 only (1) Martial Law (c) 2 and 3 only (2) Judicial Review (d) 1, 2 and 3 (3) Essential Religious Practice Which of the above terms is/are not mentioned in the Q94. With reference to the ‘emergency declared under Constitution? Article 352 of the Indian Constitution’, which of the (a) 3 only following provisions are correct? (b) 2 and 3 only (1) The resolution declaring emergency is required to be (c) 1 and 2 only passed by a special majority of the Lok Sabha under (d) 1, 2 and 3 Article 368, within one month of such a proclamation.

(2) The emergency once proclaimed can be extended by 6 Q98. Which of the following laws exist for the months at a time with no upper limit. implementation of the ‘Fundamental Duties’? (3) The President can revoke the proclamation of (1) The Protection of Civil Rights Act, 1955 emergency at any time. (2) The Prevention of Insults to National Honour Act, 1971 Select the correct answer using the code given below: (3) The Representation of People Act, 1951 (a) 2 and 3 only (4) The Wildlife (Protection) Act, 1972 (b) 1 and 2 only Select the correct answer using the code given below: (c) 1 and 3 only (a) 2 and 4 only (d) 1, 2 and 3 (b) 1, 2 and 4 only

(c) 2, 3 and 4 only Q95 : Consider the following statements: (d) 1, 2, 3 and 4 (1) The Council of Ministers is collectively responsible to

the Parliament of India. Q99. With reference to the Judges of the Supreme Court of (2) A person can be a Minister without being a Member of India, consider the following statements: the Parliament. (1) The Indian Constitution prescribes a minimum age for (3) The oath of secrecy to the ministers is administered by a person to be appointed as a Judge of the Supreme the Prime Minister of India. Court. Which of the statements given above is/are incorrect? (2) A Supreme Court Judge can be removed by the (a) 1 only President when the Parliament passes a motion to (b) 2 only that effect by a special majority. (c) 1 and 3 only (3) The ground mentioned for the removal of a Supreme (d) 1, 2 and 3 Court Judge, in the Indian Constitution, is ‘incapacity’ or ‘proved misbehaviour’ only. Q96. Which of the following are ‘Extra-Constitutional’ Which of the statements given above are correct? devices for promoting Centre-State coordination? (a) 1 and 2 only (1) National Institution for Transforming India (b) 1 and 3 only (2) Inter-State Council (c) 2 and 3 only (3) Zonal Councils (d) 1, 2 and 3 (4) Finance Commission of India Select the correct answer using the code given below: Q100. With reference to the Prime Minister of India, consider (a) 1 and 2 only the following statements: 126 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

PRACTICE MCQs

(1) The Prime Minister is the Head of the State category states as against 75 per cent in case of (2) According to the Conventions of the Parliamentary normal category states. System of Government, the President appoints the 2. Criteria for SCS are hilly terrain, Low density, Location Leader of the majority party in the Lok Sabha as the along borders, Economic backwardness. Prime Minister Which of the statements given above is/are correct? Which of the statements given above is/are correct? (a) 1 only (a) 1 only (b) 2 only (b) 2 only (c) Both 1 and 2 (c) Both 1 and 2 (d) Neither 1 nor 2 (d) Neither 1 nor 2 Q104. Consider the following statements with respect to Q101. Consider the following statements with respect to the Article 25 of the Indian Constitution: powers of the Governor under the Fifth Schedule of 1. Article 25 covers religious beliefs, as well as religious the Indian Constitution: practices. 1. The Governor is empowered to direct that any 2. Rights under Article 25 are available to all persons- particular law of the Parliament or the State citizens and non-citizens. Legislature does not apply to a scheduled area. 3. Rights under Article 25 are subject to public order, 2. The Governor is empowered to organize and morality and health. reorganize autonomous districts. Which of the statements given above is/are correct? 3. Laws related to matters, like land, forests, shifting (a) 2 and 3 cultivation etc., require the assent of the Governor. (b) 1 and 3 Which of the statements given above is/are correct? (c) 1 and 2 (a) 1 only (d) 1, 2 and 3 (b) 1 and 2 (c) 1 and 3 Q105. Consider the following statements about the Personal (d) 1, 2 and 3 Data Protection Bill, 2018: 1. The Personal Data Protection Bill, 2018 applies only to Q102. Consider the following statements: private entities. 1. The 70th Constitutional Amendment Act of 1991 2. The Bill places restrictions and conditions on cross- provided special status to the Union Territory of Delhi. border data flows. 2. The Chief Minister of the Union Territory of Delhi is Which of the statements given above is/are correct? appointed by the Lt. Governor. (a) 1 only 3. Article 239-AA empowers the Lt. Governor to refer to (b) 2 only the President any issue on which there is a difference (c) Both 1 and 2 of opinion with the Council of Ministers. (d) Neither 1 nor 2 Which of the statements given above is/are correct? (a) 1 and 3 Q106. Consider the following statements about the (b) 2 and 3 Protection of Human Rights (Amendments) Bill, 2018: (c) 3 only 1. It proposes to include “National Commission for (d) 1, 2 and 3 Protection of Child Rights” as deemed Member of the National Human Right Commission. Q103. Consider the following statements with respect to 2. It aims to incorporate a mechanism to look after the special category status (SCS) for states: cases of human rights violation in the Union 1. The Centre pays 90 per cent of the funds required in a Territories. centrally-sponsored scheme to special category status Which of the statements given above is/are correct? (a) 1 only

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PRACTICE MCQs

(b) 2 only Which of the statements given above are correct? (c) Both 1 and 2 (a) 3 and 4 only (d) Neither 1 nor 2 (b) 2, 3 and 4 only (c) 1, 3 and 4 only Q107. Which of the following statements is/are correct about (d) 1, 2 and 3 only recently launched ‘UPaAI App’ (Unified planning and analysis interface)? Q110. Consider the following statements about Deputy 1. It will help the Members of parliament to track the Chairman of Rajya Sabha: development work in their states. 1. Deputy Chairman shall be elected by members of 2. The app will also provide information on about 500 Council of States only. Central schemes and MP local area development 2. A member holding the office of Deputy Chairman of (MPLAD) fund. Council of States need not necessarily vacate his/her 3. It was developed by NITI Ayog and the Ministry of office if he/she ceases to be member of the Council of information and technology. States. Select the correct answer using the code given below: 3. Deputy Chairman may be removed from his office if (a) 1 only the Council of States passes a resolution by a majority (b) 1 and 3 only of all the then members of the Council. (c) 1 and 2 only Which of the statements given above are correct? (d) 1, 2 and 3 (a) 1 and 2 only (b) 1 and 3 only Q108. Consider the following statements: (c) 3 only 1. In case of appointment of Judge of Supreme Court (d) 1, 2 and 3 other than Chief Justice, it is not mandatory to consult Chief Justice of India in such appointments. Q111. Consider the following statements: 2. A distinguished Jurist in the opinion of the Prime 1. Article 35A grants the status of permanent residency Minister can be appointed as Judge of Supreme Court. to the residents of Jammu and Kashmir. 3. Form of oath and affirmation to be made by Judges of 2. Article 35A was added to the Indian Constitution Supreme Court has been provided in the Second through an amendment under Article 368. Schedule. 3. Basic Structure of the Constitution cannot be altered Which of the statements given above is/are correct? or amended by the Parliament or the Executive. (a) 1 only 4. Parliament enjoys unlimited power to amend any (b) 2 and 3 only provision of the constitution. (c) 3 only Which of the statements given above is/are correct? (d) None of the above (a) 1 and 2 (b) 3 and 4 Q109. Consider the following statements about Quality (c) 1 and 3 Council of India: (d) 2 and 4 1. It is set up jointly by the Government of India and the Indian Industry Associations. Q112. With reference to Representation of peoples Act 2. It operates under the administration of Ministry of (Amendment) Bill, 2017, which of the following Corporate Affairs. statements is /are correct? 3. It promotes quality competitiveness of India's 1. The Bill aims to provide Non Resident Indians with enterprises especially MSMEs (Micro, Small and voting rights for the first time. Medium Enterprises). 2. The Bill provides a Resident Indian citizen with the 4. It helps to develop, establish and operate National option to cast a proxy vote if he is not present in his Accreditation Programmes for various service sectors. electoral constituency.

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Select the correct answer using the code given below: Select the correct answer using the code given below: (a) 1 only (a) 1, 2 and 3 only (b) 2 only (b) 1 and 2 only (c) Both 1 and 2 (c) 2 and 4 only (d) Neither 1 nor 2 (d) 1 and 3 only

Q113. The Prime Minister’s Office has recently approved the Q116. Consider the following statements about Electronic constitution of Prime Minister’s Science, Technology Voting Machines (EVMs): and Innovation Advisory Council (PM-STIAC). Which of 1. EVMs can be tampered by altering its software the following best describe the aims and objectives of programme or by introducing malicious software. PM-STIAC? 2. EVMs are computer controlled machines and are also 1. Assist the government to solve socio-economic issues linked to internet for seamless service. in the country. 3. EVMs can be hacked through wireless, Wi-Fi or 2. Ensure sustainable growth in the country. Bluetooth devices. 3. Develop clusters of excellence in science, including city Which of the statements given above is/are correct? based research and development clusters. (a) 1 only 4. Preparing knowledge based economy and society. (b) 2 and 3 only Select the correct answer using the code given below: (c) 1 and 3 only (a) 1 and 3 only (d) 3 only (b) 2, 3 and 4 only (c) 1 and 4 only Q117. Consider the following statements about the Central (d) 1, 2, 3 and 4 Bureau of Investigation (CBI): 1. The CBI derives its power and authority by the Delhi Q114. Consider the following statements: Special Police Establishment Act, 1946. 1. Legislators can be debarred from practicing as 2. The Director of the CBI is appointed through a advocates during the period when they continue to be selection committee headed by the Cabinet Secretary. the Members of Parliament or the State 3. The CBI can investigate cases of corruption in different Assembly/Council. states and need not take state’s ‘general consent’. 2. Legislators cannot be styled or characterised as full Which of the statements given above is/are correct? time salaried employees. (a) 1 only Which of the statements given above is/are correct? (b) 2 and 3 only (a) 1 only (c) 1 and 3 only (b) 2 only (d) 3 only (c) Both 1 and 2 (d) Neither 1 nor 2 Q118. Which of the following statements about the ‘Private Member’s Bill’ is/are correct? Q115. Which of the following statements about Aadhaar are 1. The Private Member’s Bill is introduced by the correct in light of the judgment on constitutional members, who are not ministers. validity of Aadhaar? 2. The Private Member’s Bill can be introduced only in 1. Aadhaar does not create a surveillance state as it is the Rajya Sabha. purpose blind. 3. So far, no Private Member’s Bill has ever received 2. Aadhaar violates right to privacy. assent of the President of India. 3. Aadhaar is no longer mandatory to buy new sim card Select the correct answer using the code given below: for mobile phones. (a) 1 and 3 only 4. Aadhaar need not be linked with Permanent Account (b) 2 only Number (PAN) Card for filing income tax returns. (c) 2 and 3 only 129 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

PRACTICE MCQs

(d) 1 only 1. The Governor of Jammu and Kashmir derives his powers and authority from the Constitution of Jammu Q119. Which of the following statements can be said to be and Kashmir. part(s) of ‘protection granted in respect of conviction 2. The Governor of Jammu and Kashmir shall be of offences’ as per the Fundamental Rights of a appointed by the President of India by warrant under person? his hand and seal. 1. No person shall be convicted more than once for the Which of the statements given above is/are correct? same offence. (a) 1 only 2. No person shall be subjected to a greater penalty than (b) 2 only inflicted under the law. (c) Both 1 and 2 3. No person accused of an offence shall be compelled to (d) Neither 1 nor 2 be a witness against himself or herself. Select the correct answer using the code given below: Q123. With reference to the 'Gram Nyayalaya Act', which of (a) 1 and 3 only the following statements is/are correct? (b) 2 only 1. As per the Act, Gram Nyayalayas can hear only civil (c) 1 and 2 only cases and not criminal cases. (d) 1, 2 and 3 2. The Act allows local social activists as mediators/reconciliators. Q120. Consider the following statements about the Global Select the correct answer using the code given below: RTI Ratings, 2018: (a) 1 only 1. Afghanistan has topped the Global RTI Ratings. (b) 2 only 2. Global RTI Rankings are conducted by the Centre for (c) Both 1 and 2 Law and Democracy. (d) Neither 1 nor 2 3. India has improved its Global RTI Ratings, because of the Right to Information Act, 2005. Q124. Which of the following provisions can be found in the Which of the statements given above are correct? Constitution of Jammu & Kashmir? (a) 1 and 2 only 1. The State of Jammu and Kashmir is and shall be an (b) 2 and 3 only integral part of the Union of India. (c) 1 and 3 only 2. Appointment of Governor of Jammu & Kashmir (d) 1, 2 and 3 3. Permanent residents 4. Provision relating to ‘Pakistan Occupied Territory’ Q121. Which of the following are the initiatives of the Select the correct answer using the code given below: government under the Digital India Programme? (a) 2, 3 and 4 only 1. Aadhaar Enabled Payment System. (b) 1, 2, 3 and 4 2. Crime and Criminal Tracking Network and Systems. (c) 1, 3 and 4 only 3. Bharat Broadband Network. (d) 2 and 3 only 4. Bharat Interface for Money. 5. CERT-IN. Q125. Consider the following statements about Lokayukta 6. UMANG. Act, 2013: Select the correct answer using the code given below: 1. The Act allows setting up of an anti-corruption (a) 1, 2, 3 and 5 only ombudsman called the Lokpal at the centre and the (b) 2, 4, 5 and 6 only Lokayukta at the state-level. (c) 1, 2, 3 and 5 only 2. The Lokpal will cover all categories of public servants, (d) 1, 2, 3, 4, 5 and 6 including the Prime Minister and the armed forces. Which of the statements given above is/are correct? Q122. Consider the following statements: (a) 1 only 130 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

PRACTICE MCQs

(b) 2 only (b) 2 only (c) Both 1 and 2 (c) 2 and 3 only (d) Neither 1 nor 2 (d) 1, 2 and 3

Q126. Consider following statements with respect to Q129. Which of the following statements can be said to be Citizenship in India: the reason for introduction of The Muslim Women 1. Unlike friendly Aliens, enemy aliens do not enjoy rights (Protection of Rights on Marriage) Bill, 2018 in Lok with respect to protection against arrest and detention Sabha? under Article 22. 1. To provide for gender equality and dignity of women 2. The constitution only identifies the persons who 2. To protect the rights of married Muslim women who became citizens of India at its commencement and are being divorced by triple talaq does not deal with the problem of acquisition or loss 3. To declare the practice of triple talaq as void and of citizenship. illegal. Which of the statements given above is/are correct? 4. To make pronouncement of triple talaq a civil wrong (a) 1 only and not a punishable offence under the law. (b) 2 only Select the correct answer using the code given below: (c) Both 1 and 2 (a) 2, 3 and 4 only (d) Neither 1 nor 2 (b) 1, 2 and 3 only (c) 1, 3 and 4 only Q127. Consider the following statements about State of (d) 1, 2 and 4 only Jammu and Kashmir: 1. The Legislative Assembly of Jammu and Kashmir has Q130. The Draft Information Technology (Intermediaries tenure of five years. Guidelines) Amendment Rules, 2018 has been in news 2. Constitution of India provides for temporary recently. It aims to regulate which of the following? provisions with respect to the State of Jammu and 1. Fake news Kashmir. 2. Child pornography Which of the statements given above is/are correct? 3. Illegal contents online (a) 1 only 4. Right to privacy (b) 2 only 5. Curb cyber threats (c) Both 1 and 2 Select the correct answer using the code given below: (d) Neither 1 nor 2 (a) 1, 2, 3 and 5 only (b) 1, 3, 4 and 5 only Q128. Consider the following statements: (c) 2, 3, 4 and 5 only 1. The President of India issues the notification for (d) 1, 2, 3, 4 and 5 only constitution of separate High Court for a newly created state. Q131. The Consumer Protection Bill, 2018 aims to regulate 2. Andhra Pradesh Reorganisation Act, 2014 mentions which of the following? that the High Court at Hyderabad shall be the 1. Unfair trade practice common High Court for the State of Telangana and 2. Unfair contract the State of Andhra Pradesh till a separate High Court 3. Restrictive trade practice for both the states is constituted. 4. Unfair trade practice in e-commerce 3. Parliament may by law extend the jurisdiction of a Select the correct answer using the code given below: High Court to, or exclude the jurisdiction of a High (a) 1 and 3 only Court from, any Union territory. (b) 2 and 4 only Which of the statements given above is/are correct? (c) 1, 3 and 4 only (a) 1 and 3 only (d) 1, 2, 3 and 4 131 RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2019 Google it:- PDF4Exams https://t.me/PDF4Exams << Download From >> https://t.me/IAS201819

PRACTICE MCQs

3. All Remotely Piloted Aircr aft shall require a Unique Q132. The DNA Technology (Use and Application) Regulation Identification Number (UIN) from DGCA. Bill, 2018 which has been recently approved by the Select the correct answer using the codes given below: Union Cabinet will help in which of the following ways? (a) 1 and 2 only 1. To expand the application of DNA-based forensic (b) 2 only technologies to support and strengthen the justice (c) 3 only delivery system in India. (d) None of the above 2. To solve crimes accurately with the aid of forensic technology. Q135. With reference to Surrogacy (Regulation) Bill which has 3. To regulate DNA laboratories in India, both public and been passed in Lok Sabha, which of the following private. statements is/are correct? 4. To constitute a DNA Data Bank. 1. The Bill allows only altruistic surrogacy (by relatives) 5. To create an All India Forensic Service on the lines of and prohibits commercial surrogacy. Indian Administrative Service 2. The present Bill forbids the surrogate mother to use Select the correct answer using the code given below: her own gametes (eggs). (a) 1, 2, 3 and 4 only 3. In addition to married couples, even live-in couples, (b) 1, 3, 4 and 5 only divorced women/ widows can avail surrogacy services. (c) 2, 4 and 5 only Select the correct answer using the code given below: (d) 1, 3 and 5 only (a) 1 only (b) 1 and 2 only Q133. Plastic Waste Management Rules, 2016 aim to: (c) 1 and 3 only 1. Decrease in the thickness of carry bags and plastic (d) 1, 2 and 3 sheets 2. Make producers and generators of plastic wastes Q136. With reference to Transgender Persons (Protection of accountable. Rights) Bill, 2018 which of the following statements 3. Introduce collect back system of plastic waste by the is/are incorrect? producers/brand owners, as per extended producers 1. The bill provides for right of self-determination of the responsibility. gender. 4. Phase out manufacture and use of non- recyclable 2. Transgenders will be given reservation under the OBC multilayered plastic. category. Select the correct answer using the code given below: 3. The Bill recognizes the civil rights of Transgender (a) 1, 2 and 3 only persons to marriage and child adoption. (b) 3 and 4 only Select the correct answer using the code given below: (c) 2, 3 and 4 only (a) 1 and 2only (d) 1, 3 and 4 only (b) 2 only (c) 2 and 3 only Q134. Director General of Civil Aviation (DGCA) has published (d) 1, 2 and 3 final guidelines for operating drones or remotely piloted aircraft systems by ordinary citizens by 1st Q137. With reference to Draft Child Protection Policy, which December, 2018. Which of the following statements of the following statements is/are correct? regarding regulations on drones is/are correct? 1. The policy will be applicable to all institutions, and 1. DGCA has categorised drones into Nano, Micro, Small, organizations (including corporate and media houses), Medium and Large based on their weight. government or private sector. 2. These drones can be categorised as Remotely Piloted 2. The policy recommends that all organizations must Aircraft (RPA). have a code of conduct based on “zero tolerance of child abuse and exploitation”.

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PRACTICE MCQs

3. The draft policy provides special protection measures (b) 2 only for children affected by migration, communal violence, (c) Both 1 and 2 begging and those infected with HIV/AIDS. (d) Neither 1 nor 2 Select the correct answer using the code given below: (a) 1 only Q141. With respect to the Judges of the Supreme Court, (b) 2 only which of following statements is/are correct? (c) 1 and 2 only 1. Distinguished Jurists can be appointed as the Judge of (d) 1, 2 and 3 only to the Supreme Court and not to the High Court. 2. There are only two grounds of removal for the Judges Q138. With respect to Rights of Persons with Disabilities Act, of the Supreme Court - proved misbehavior and 2016, which of the following statements is/are correct? incapacity. 1. The types of disabilities have been increased to even Select the correct answer using the code given below: include Acid attack victims and people with blood (a) 1 only disorders. (b) 2 only 2. Every child with benchmark disability between the age (c) Both 1 and 2 group of 6 and 18 years shall have the right to free (d) Neither 1 nor 2 education. Select the correct answer using the code given below: Q142. Consider the following statements with respect to the (a) 1 only Anti-Defection Law: (b) 2 only 1. The presiding officer can take up a defection case, only (c) Both 1 and 2 when he receives a complaint from a member of the (d) Neither 1 nor 2 House. 2. For the first time, it gave clear-cut Constitutional Q139. With respect to the Governor, which of the following recognition to the existence of Political Parties. statement has/have been provided in the Constitution Which of the statements given above is/are correct? of India? (a) 1 only 1. The Governor can be removed from his office on the (b) 2 only ground of violation of the Constitution and incapacity. (c) Both 1 and 2 2. To be qualified to be a governor of a state, a person (d) Neither 1 nor 2 should not belong to the state where he is being appointed to. Q143. Which of the following statements with respect to Select the correct answer using the code given below: Tenth Schedule to the Constitution is/are correct? (a) 1 only 1. It allows for the provision of exemption from (b) 2 only disqualification in case of split by one-third members (c) Both 1 and 2 of the legislature party. (d) Neither 1 nor 2 2. It made the provision whereby, member of either House of the Parliament belonging to any political Q140. With respect to the Judges of the Supreme Court, party who is disqualified on the ground of defection which of following statements is/are correct? shall also be disqualified to be appointed as a 1. Distinguished Jurists can be appointed as the Judge of minister. only to the Supreme Court and not to the High Court. 3. Independent and nominated members of either house 2. There are only two grounds of removal for the Judges becomes disqualified to remain a member of the of the Supreme Court - proved misbehavior and House if she/he joins any political party after such incapacity. election. Select the correct answer using the code given below: Select the correct answer using the code given below: (a) 1 only (a) 2 only

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PRACTICE MCQs

(b) 1 and 3 only (b) 2 only (c) 1 and 2 only (c) Both 1 and 2 (d) 1, 2 and 3 (d) Neither 1 nor 2 Ans. c Q144. Consider the following statements with respect to Co- operative Societies: Q147. Consider the following statements about the `National 1. The Union government shall provide for the Commission for Scheduled Castes: reservation of one seat for the Schedules Castes or the 1. The National Commission for Scheduled Castes (SCs) is Schedules Tribes and two seats for women on the a statutory body in the sense that it is established by board of every co-operative society. Parliament under the power conferred to it by Article 2. The 97th constitutional amendment act of 2011 gave 338 of the Constitution. constitutional status to cooperative societies and 2. The commission presents an annual report to the made the right to form cooperative societies as central government which places all such reports fundamental right. before the Parliament, along with a memorandum Which of the statements given above is/are correct? explaining the action taken on the recommendations (a) 1 only made by the Commission. (b) 2 only Which of the statements given above is/are correct? (c) Both 1 and 2 (a) 1 only (d) Neither 1 nor 2 (b) 2 only (c) Both 1 and 2 Q145. Consider the following statements with respect to (d) Neither 1 nor 2 Official Language as mentioned in the Constitution: 1. The Constitution does not specify the official language Q148. Which of the following statements with respect to of different states. powers/functions of the National Commission of 2. The choice of the state with respect to their respective Scheduled Tribes is/are correct? official language is limited to the languages 1. The Central government and the State governments enumerated in the Eighth Schedule of the are required to consult the Commission on all major Constitution. policy matters affecting the STs. Which of the statements given above is/are correct? 2. The Commission is entitled to take measures to be (a) 1 only taken to ensure full implementation of the Provisions (b) 2 only of Panchayats (Extension to the Scheduled Areas) Act, (c) Both 1 and 2 1996. (d) Neither 1 nor 2 3. It is required to investigate and monitor all matters relating to the constitutional and other legal safeguards for the STs and to evaluate their working. Q146. Consider the following statements with respect to ‘Tribunals’ under Article 323 as mentioned in the Select the correct answer using the code given below: Constitution: (a) 3 only 1. Tribunals under Article 323-A can be established only (b) 1 and 3 only by Parliament, whereas tribunals under Article 323-B (c) 2 and 3 only can be established both by Parliament and State (d) 1, 2 and 3 Legislatures. 2. Under Article 323 A, there is no question of hierarchy Q149. Consider the following statements about the of tribunals, whereas under Article 323-B a hierarchy Constitution (One Hundred and Third Amendment) of tribunals may be created. Act, 2019: Which of the statements given above is/are correct? (a) 1 only

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PRACTICE MCQs

1. It provides ten percent reservation to the members of (c) 2 and 3 only Economically Weaker Section (EWS) in the general (d) 1 and 3 only category. 2. The amendment provides for reservation to EWS in Q150. Which of the following state has passed an ordinance admission to educational institutions and to make lynching a separate offence? appointments or posts in public offices. (a) Manipur 3. The amendment was passed in each House of the (b) Assam Parliament by a majority of the total membership of (c) Jammu and Kashmir that House and by a majority of not less than two- (d) Nagaland thirds of the members of that House present and

voting along with state ratification.

Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 only

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ANSWER KEY

ANSWER KEY

1. d 23. d 45. c 67. d 89. a 111. c 133. c

2. c 24. a 46. c 68. d 90. c 112. d 134. a

3. c 25. a 47. b 69. b 91. a 113. d 135. b

4. d 26. a 48. d 70. b 92. d 114. b 136. d

5. b 27. b 49. b 71. d 93. a 115. d 137. c

6. c 28. d 50. c 72. d 94. a 116. a 138. c

7. d 29. b 51. c 73. c 95. c 117. a 139. d

8. c 30. c 52. b 74. b 96. b 118. d 140. c

9. c 31. b 53. c 75. c 97. b 119. d 141. d

10. b 32. b 54. a 76. c 98. d 120. a 142. c

11. a 33. b 55. c 77. b 99. c 121. d 143. a

12. d 34. a 56. a 78. a 100. d 122. c 144. b

13. a 35. d 57. c 79. c 101. a 123. b 145. a

14. a 36. c 58. c 80. d 102. c 124. b 146. c

15. a 37. b 59. b 81. c 103. b 125. a 147. d

16. c 38. d 60. d 82. b 104. d 126. c 148. d

17. b 39. a 61. a 83. c 105. b 127. b 149. d

18. c 40. a 62. b 84. b 106. c 128. d 150. d

19. d 41. a 63. d 85. d 107. a 129. b

20. b 42. b 64. b 86. c 108. d 130. a

21. d 43. d 65. a 87. b 109. c 131. d

22. c 44. a 66. d 88. b 110. b 132. a

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