POLITY and CONSTITUTION Table of Contents

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POLITY AND CONSTITUTION Table of Contents

1. ISSUES RELATED TO CONSTITUTION ____ 3 3.7. North-Eastern Council ______21 1.1. Reservation ______3 3.8. Inter-State Council ______21 1.1.1. Reservation in Legislative Bodies ______3 3.9. Dadra and Nagar Haveli and Daman and 1.1.2. Reservation in Promotions for SC/ST. ___ 3 Diu Merged ______22 1.1.3. Reservation in Promotion for Persons with Disabilities (PwDs) ______4 3.10. Sixth Schedule ______22 1.1.4. Reservation for EWS ______5 1.1.5. Job Reservations, Promotion Quotas not a 4. JUDICIARY ______23 Fundamental Right ______5 4.1. Provisions Related to Addition and 1.1.6. Bill to include more Tribes in ST Category 5 Transfer of Judges ______23 1.2. Rights ______6 4.1.1. Addition of Judges ______23 1.2.1. Internet as Basic Right ______6 4.1.2. Transfer of Judges ______23 1.2.2. Right to Property ______6 4.1.3. Acting Chief Justice ______23 1.2.3. Sedition ______7 4.2. Regional Bench of Supreme Court ____ 24 1.2.4. Minority Educational Institutions ______7 1.2.5. Sabarimala Temple Issue ______8 4.3. Gram Nyayalayas ______24 1.3. President ______9 4.4. National Legal Services Authority (NALSA)25 1.3.1. Impeachment of US President ______9 1.3.2. Pardoning Power of President ______9 4.5. New Rules for Tribunals ______25 1.4. 9th Schedule of Indian Constitution ____ 9 4.6. Zero Pendency Courts Project ______26 1.5. Overseas Citizen of India ______10 4.7. Curative Petition ______26 1.6. UN not a State ______10 4.8. Witness Protection Scheme ______27 1.7. Other Constitutional Articles in News _ 10 5. ELECTIONS ______28 2. FUNCTIONING OF PARLIAMENT/STATE 5.1. Electoral Bonds ______28 LEGISLATURE/LOCAL GOVERNMENT ____ 12 5.2. National Party Status ______28 2.1. Legislature ______12 5.3. Delimitation Commission ______29 2.1.1. Parliamentary Committees ______12 2.1.2. Ethics Committee ______12 5.4. Electronic Voting Machines (EVMs) ___ 29 2.1.3. Parliamentary Privileges ______12 5.5. Sections of Representation of the People 2.1.4. Anti-Defection Law ______13 Act (RP Act), 1951 in News ______30 2.1.5. Legislative Council ______13 2.1.6. Leader of Opposition ______14 5.6. Some Initiatives by Election Commission30 2.1.7. Private Member’s Bill ______14 5.6.1. Political Parties Registration Tracking 2.1.8. Lapsing of Bills ______14 Management System (PPRTMS) ______30 2.1.9. Office of Profit ______15 5.6.2. Facial Recognition for Voter Verification 30 5.6.3. Postal Ballot ______30 2.2. Cabinet Committees Reconstituted ___ 15 5.6.4. Association of World Election Bodies (A- 3. CENTRE-STATE RELATIONS ______17 WEB) ______30 3.1. NITI Aayog ______17 6. IMPORTANT LEGISLATIONS/BILLS ____ 32 3.2. Rationalisation of Centrally Sponsored 6.1. Amendment to the RTI Act ______32 Schemes ______17 6.1.1. Recent Judgements Related to RTI _____ 32 3.3. Promotion of Hindi Language ______18 6.2. Protection of Human Rights (Amendment) Act 2019 ______33 3.4. Article 131 ______19 6.3. The Inter-State River Water Disputes 3.5. Removal of Article 370 and 35A ______19 (Amendment) Bill, 2019 ______35 3.6. Inner Line Permit ______20 1 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW | CHANDIGARH 8468022022

6.4. Arbitration Acts ______35 8.1. Prevention of Corruption (Amendment) Act 2018 ______45 6.5. National Population Register ______36 6.5.1. Nationwide NRC ______37 8.2. IPC and CrPC ______45 6.5.2. Citizenship Amendment Act ______38 8.3. India Enterprise Architecture (IndEA) 6.7. Scheduled Castes and Tribes (Prevention Framework ______46 of Atrocities) Act______39 8.4. E-Governance Initiatives ______46 6.8. Aadhaar Report ______39 6.8.1 Aadhaar and Other Laws (Amendment) Act, 8.5. Good Governance Index ______48 2019 ______39 8.6. Corruption Perception Index ______48 7. IMPORTANT CONSTITUTIONAL/ 8.7. One Nation, One Ration Card ______49 STATUTORY/ EXECUTIVE BODIES IN NEWS 41 9. MISCELLANEOUS ______50 7.1. Comptroller and Auditor General of India41 9.1. Enemy Properties ______50 7.2. Lokpal ______41 9.2. Police Commissionerate System ______50 7.3. Law Commission of India ______42 9.3. Bru Community ______51 7.4. Central Vigilance Commissioner ______43 9.4. Democracy Index ______51 7.5. National Crime Records Bureau ______43 9.5. Central Adverse List ______51 7.6. Controller General of Accounts ______43 9.6. Waqf Properties______52 7.7. Competition Commission of India ____ 44 9.7. Places of Worship (Special Provisions) Act 8. IMPORTANT ASPECTS OF GOVERNANCE 45 1991 ______52

1. ISSUES RELATED TO CONSTITUTION 1.1. RESERVATION o Article 368 deals with power of Parliament to amend the Constitution and procedure therefor. 1.1.1. RESERVATION IN LEGISLATIVE BODIES Who is An Anglo-Indian? According to Article 366(2), An Anglo-Indian means a Why in news? person whose father or any of whose other male progenitors in the male line is or was of European th Recently, 104 Constitutional Amendment Act descent but who is domiciled within the territory of (126th Constitutional Amendment Bill) was India and is or was born within such territory of parents enacted. habitually resident therein and not established there for temporary purposes only”. Some recent amendments to constitution • 103rd CAA- 10% Reservation for Economically Constitutional Provisions for reservation of seats Weaker Sections (EWSs) • 102nd CAA- Constitutional status to National • For SC/STs Commission for Backward Classes o Article 330 and 332 provides for the • 101st CAA- Introduced the GST. reservation of seats for SC/STs in Lok • 100th CAA- Exchange of enclave territories with Sabha and State Legislative Assemblies Bangladesh and conferment of citizenship rights to respectively, on the basis of their residents of enclaves. population ratio. o More on news Also, there is no bar on SC/STs candidates contesting from general seats. • This Act was brought for two objectives: • For Anglo-Indians: o Extend reservation for Scheduled castes o Provisions (SC) and Scheduled Tribes (ST) to Lok ✓ Under Article 331 President can Sabha and legislative bodies. nominate two members of Anglo- o Not extending the provision of Indian community in Lok Sabha, if not nominating Anglo Indians to Lok Sabha adequately represented. and legislative bodies. ✓ Article 333 provides same powers to • The act has provisions for amending article Governor of a state to nominate one 334 and extending reservation only for Anglo-Indian member. Scheduled castes (SC) and Scheduled Tribes ✓ According to the 10th Schedule of the (ST) to Lok Sabha and legislative bodies till Constitution, Anglo-Indian members 25th January, 2030 (which was expiring in of Lok Sabha and state Assemblies 2020). can take the membership of any party • Article 334 originally provided that within six months of their nomination. reservation of seats and special But, once they do so, they are bound representation would cease 10 years after the by their party whip. commencement of Constitution. But this was ✓ The Anglo-Indian members enjoy the extended every 10 years (8th,23rd,45th,62nd,79th same powers as other MPs, but they and 95th amendments). cannot vote in the Presidential • Currently, only some state Assemblies like election. Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand etc. have one Anglo-Indian 1.1.2. RESERVATION IN PROMOTIONS member each. The Amendment does away FOR SC/ST. with this as well. Why in News? • No member from the Anglo-Indian community has been nominated to the current Lok Sabha. • The Central Government has demanded for a • Since, the amendment falls within the purview review of 2018 Supreme Court Verdict in of Article 368 (2) (d) dealing with “the Jarnail Singh vs Lachhmi Gupta Case, related representation of States in Parliament”, it is to reservations in promotions for SC/ST. required to be ratified by the Legislature of • Recently, the Supreme Court upheld ‘The not less than half of the States by simple Karnataka Extension of Consequential majority. Seniority to Government Servants Promoted on the Basis of Reservation (To the Posts in

the Civil Services of the State) Act, 2018’, the rest of the class as backward as they granting a quota in promotions for state always were. government employees from the Scheduled • It declined the demand to refer the case to a Caste and Scheduled Tribe communities. 7-judge bench to reconsider its 2006 Nagaraj judgement. Related cases, constitutional provisions and amendments • Now, the union government has urged the • Article 15(4) allows State to make special provision court to reconsider the ruling and refer the for the advancement of any socially and issue to a seven-judge Bench. educationally backward classes of citizens or for Creamy Layer SCs and STs. • The concept has its genesis in the Indira Sawhney • Article 16(4B)- provides that reserved promotion Case (1992). Supreme Court asked the Government posts for SCs and STs that remain unfilled can be to define the criteria by fixation of income, carried forward to the subsequent year. It ensures property or status. that the ceiling on the reservation quota – capped • Currently creamy layer criteria is applicable to at 50% by Indra Sawhney Case – for these carried Other backward classes (OBCs) in reservation. forward unfilled posts does not apply to • At present, Group A and Group B officers of both subsequent years. Central and State Government, Employees of • Article 335 mandates that reservations have to be Armed Forces and PSUs along with people earning balanced with the ‘maintenance of efficiency’. more than 8 lakh per annum come under the • In the Indira Sawhney case (1992), the Supreme purview of Creamy layer. Court held that the reservation policy cannot be extended to promotions. • Consequential Seniority means elevation to a • However, 77th Constitutional Amendment (CA), senior position consequential to circumstances, 1995, inserted Clause 4A in Article 16, which and not through normal rules. enables the state to make any law regarding • Illustrating it, suppose there are 100 sanctioned reservation in promotion for SCs and STs. posts in a department, out of which 30 are • The court in 1990s restored seniority of general occupied by unreserved candidates, 15 are candidates. occupied by reserved candidates and 55 remain • However, 85th CA Act, 2001 gave back ‘vacant’. The reservation is 30%, which implies that “consequential seniority” to SC/ST promotees. 30 posts must be manned by reserved category employees. So, if a reserved category employee is Background and Details junior to a general category employee, but there is • M. Nagaraj vs Union of India Case (2006) vacancy for reserved category at a senior position, o The Supreme Court upheld the so reserved category employee will be considered constitutional validity of reservations for senior and promoted above the general category employee. SCs and STs to include promotions with three conditions: 1.1.3. RESERVATION IN PROMOTION ✓ quantifiable data on the FOR PERSONS WITH DISABILITIES backwardness of Scheduled Castes (SC) and Scheduled Tribes (ST) (PWDS) ✓ the facts about their inadequate Why in news? representation ✓ the overall administrative efficiency is Supreme Court (SC) bench has upheld that 3% not affected. reservation should be given to persons with • The Centre approached supreme Court that disabilities (PwDs) both in direct recruitment and the verdict in the M Nagraj case put in promotions. unnecessary conditions in granting quota More on news benefits. • • Thus, In Jarnail Singh vs Lachhmi Gupta Case SC held that Indira Sawhney case which (2018) Supreme Court allowed for grant of capped reservation at 50% and prohibited quota for promotions in the government jobs reservation in promotions pertained only to to SCs and STs without the need to "collect Backward Classes (BC) not to PwDs. quantifiable data". • It held that the ceiling of 50% reservation • The court also asked the government to applies only to reservation in favour of BCs examine the possibility of introducing creamy under Article 16(4) whereas the reservation in layer for Scheduled Castes (SCs) and favour of PwDs is horizontal, which is under Scheduled Tribes (STs) by saying that if some Article 16(1). sections bag all the coveted jobs, it will leave

• Vertical reservation is appointments and promotions under articles 16(4) social reservation provided to reserved caste and 16(4A) of the Constitution. like SC/ST, OBC etc. The Court held that whereas horizontal reservations are reservation within reservation like reservation • Article 16 (4) and 16 (4-A) are in the nature of to female, ex-service man etc. enabling provisions, vesting a discretion on • Persons with Disabilities (Equal the State Government to consider providing Opportunities, Protection of Rights and Full reservations, if the circumstances so warrant. Participation) Act, 1995 provides for o Article 16(4) empowers state to make any reservation in public employment for provision for reservation of identified post for PWD. appointments in favour of any backward class which in opinion of the State, is not 1.1.4. RESERVATION FOR EWS adequately represented in the services under State. Why in news? o Article 16(4A), empowers state to make The central government recently told the provisions for reservation in matters of Supreme Court that state governments were free promotion to SC/ST employees. to decide whether to implement the 10% • It is settled law that the state cannot be reservation for the economically backward in jobs directed to give reservations for and admissions. appointment in public posts. The order further adds that the state is not bound to About reservation for economically weaker make a reservation for SCs and STs in matters sections (EWS). of promotions. • The 103rd Constitution Amendment Act 2019 inserted Article 15 (6) and Article 16 (6) in the 1.1.6. BILL TO INCLUDE MORE TRIBES Constitution to allow reservation for the EWS IN ST CATEGORY among the general category. Why in news? • Article 15 has been amended to enable the government to take special measures for the The Constitution (Scheduled Tribes) Order advancement of “economically weaker (Amendment) Bill, 2019, which seeks to grant sections” (EWS). Scheduled Tribes (ST) status to certain • Up to 10% of seats may be reserved for such communities in Karnataka, was passed by sections for admission in educational Parliament. Communities included: Parivara, institutions. Such reservation will not apply to Talawara, Siddi tribes of Belagavi, Dharwad. minority educational institutions. Constitutional provisions • The newly added Article 16(6) permits the government to reserve up to 10% of all • Article 366 (25) defined 'Scheduled Tribes' government posts for the “economically (STs) as those deemed under Article 342 to be weaker sections” of citizens. ST for the purposes of this constitution. • This reservation of up to 10% for the EWS will • Article 342 prescribes procedure to be be in addition to the existing reservation cap followed in the matter of specification of STs. of 50% reservation for SC, ST and OBCs. o First specification of STs in a particular • Centre has no role in deciding the reservation State/ UT is by a notified order of policy of a state government. President, after consultation with State • State governments are free to decide governments concerned. These orders whether to implement the 10% quota for EWS can be modified subsequently only in state government jobs and admissions to through an Act of Parliament. state government educational institutions. o The criterion followed for specification of a community, as STs are indications of 1.1.5. JOB RESERVATIONS, primitive traits, distinctive culture, PROMOTION QUOTAS NOT A geographical isolation, shyness of contact FUNDAMENTAL RIGHT with the community at large, and backwardness. This criterion is not spelt Why in news? out in the Constitution but has become The Supreme Court ruled that there is no well established. fundamental right to reservations in

o It also provides for listing of scheduled empowered by the state government to issue tribes State/Union Territory wise and not orders to prevent and address urgent cases of on an all India basis. apprehended danger or nuisance. o This usually includes restrictions on 1.2. RIGHTS movement, carrying arms and from assembling unlawfully. It is generally believed that assembly of three or more people is 1.2.1. INTERNET AS BASIC RIGHT prohibited under Section 144. However, it can be used to restrict even a single individual. Why in news? • Duration of the order: Order passed under Section Recently, Supreme Court has delivered verdict on 144 cannot remain in force for more than two a bunch of petitions challenging the restrictions months from the date of the order, unless the imposed on internet services and movement of state government considers it necessary. Even people in Jammu and Kashmir. then, the total period cannot extend to more than six months. Provisions for Internet shutdowns in India Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017 (Suspension • Suspension of Internet services are dealt with Rules) under the Information Technology Act, 2000, • These Rules were framed by Ministry of the Criminal Procedure Code (CrPC), 1973 and Communications under the Indian Telegraph Act, the Telegraph Act, 1885. which talks about interception of messages in the “interests of the sovereignty and integrity of Supreme Court’s observation India”. • On Internet shutdown • It empowers the government to block o Freedom of speech and expression transmission of messages in case of a public through the medium of internet is a emergency or for public safety in any part of the country. fundamental right under Article 19(1)(a) • Any order suspending internet under the Rules, of the Constitution. can be only for a temporary duration and not for o The restrictions on internet have to follow an indefinite period. the principles of proportionality under Article 19(2). Other judgements on Internet as right ✓ The doctrine essentially signifies that • In Faheema Shirin v. State of Kerala, the Kerala the punishment should not be High Court declared the right to Internet access as a fundamental right, forming part of right to disproportionate to the offence privacy under Article 21 of the Constitution of committed or the nature and extent India. of the State’s interference with the exercise of a right must be 1.2.2. RIGHT TO PROPERTY proportionate to the goal it seeks to achieve. Why in news? o Freedom of trade and commerce through Supreme Court was hearing a plea where land of internet is also a constitutionally the appellant was taken over by Himachal Pradesh protected right under Article 19(1)(g). government in 1967. o Suspension of internet for indefinite period not permissible. What Supreme Court said? • On Section 144 of CrPC: • To forcibly dispossess a person of his private o When Sec 144 is imposed for reasons of property, without following due process of apprehended danger, that danger must law, would be violative of a human right. be an “emergency”. o Article 300A, which provides for Right to o Powers under Sec 144 should be Property, required the state to follow due exercised in a reasonable and bona fide procedure and authority of law to deprive manner, and the order must state a person of his or her private property. It material facts in order to enable judicial ceased to be a fundamental right with review. the 44th Constitution Amendment Act in Section 144 CrPC 1978. • Powers under the law: • The State cannot be permitted to perfect its o It is a colonial era law that empowers a title over the land by invoking the doctrine of district magistrate, a sub-divisional adverse possession to grab property of its magistrate or any other executive magistrate own citizens.

o State government had opposed the NCMEI, a quasi-judicial body, regulates the certification petition stating that it had perfected title of minority educational institutions all over India. by 42 years of 'adverse possession'. • Its Chairman should be who has been a Judge of o Under "doctrine of adverse possession", the High Court and three members are to be a person who is not the original owner nominated by Central Government. • becomes the owner because of the fact It has the powers of a Civil Court. It has both original and appellate jurisdiction in such matters, that he has been in possession of the as laid down by the SC in Joseph of Cluny v/s The property for a minimum of 12-years, within State of West Bengal case. which the real owner did not seek legal • Commission has adjudicatory functions and recourse against him. recommendatory powers. • It decides on disputes regarding affiliation of a 1.2.3. SEDITION minority educational institution to a university. • It has power to enquire, suo motu, into complaints Why in news? regarding deprivation or violation of rights of The recent arrests in Bengaluru and Kashmir, on minorities to establish and administer educational the grounds of protesting against the Citizenship institutions of their choice. Amendment Act and raising pro-Pakistan Slogans • It specifies measures to promote and preserve the have reignited the debate around India’s sedition minority status and character of institutions of their choice established by minorities. law. • It can also cancel the minority status granted to About Sedition Law in India institutions if they are found to have violated the conditions of the grant. • Sedition, which falls under Section 124A of National Commissioner for Linguistic Minorities the Indian Penal Code, is defined as any action (NCLM) that brings or attempts to bring hatred or • The NCLM established under Article 350B of the contempt towards the government of India. Constitution has less power than the NCMEI. • Section 124A was drafted by Thomas • It can only review safeguards for the protection of Babington Macaulay and included in the IPC in linguistic minority rights and make 1870. recommendations to the parliament based on its findings. • Punishment under Section 124A Sedition is a non-bailable offence. More on news • A person charged under this law can't apply • SC stated that regulation of minority for a government job. They have to live institutions, including in matter of without their passport and must present appointment of teachers, is permissible if it is themselves in the court as and when required. intended to ensure excellence in minority • Famous sedition trials: Jogendra Chandra institution, without interfering with its Bose, 1891, three sedition trials of Bal minority status. Gangadhar tilak and Mahatma Gandhi in 1922, • The court referred to the TMA Pai vs State of for his articles published in Young India. Karnataka 2002 case, while deciding this case. • Essential ingredients for a seditious act: o In this case, the Supreme Court held that Various verdicts in Romesh Thappar case, the fundamental right under Article 30 (1) Kedar Nath Singh case, Kanahiya Kumar case was neither absolute nor above the law. re-defined a seditious act only if it had essential ingredients as Minority Educational Institutions (MEIs) o Disruption of public order • National Commission for Minority o Attempt to violently overthrow a lawful Educational Institutions (NCMEI) Act defines government MEI as a college or an educational institution o Threatening the security of State or of established and administered by a minority or public. minorities. 1.2.4. MINORITY EDUCATIONAL • The Constitution of India does not define the term minority. The NCMEI Act defines INSTITUTIONS minority means a community notified as such Why in news? by the Central Government. • As per notification of the Government of Recently, the Supreme Court has held that state India, there are 6 notified religious minority can regulate minority institutions in national communities - Muslim, Sikh, Christian, interest. Buddhist, Parsis and Jain. 7 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW | CHANDIGARH 8468022022

• No linguistic minority has been notified by • Article 30 (2) prohibits the state in discriminating the Central Government till date. Thus, against such institutions in granting aid on the linguistic minorities are outside the purview ground that it is under the management of of the NCMEI. minority. • Eligibility criteria- 1.2.5. SABARIMALA TEMPLE ISSUE o Educational institution is established and being administered by the minority Why in news? community. Recently, the Supreme Court has deferred its o If it is run by a trust/ registered society, decision on review of “2018 Sabarimala verdict” majority of members must be from the until a Seven Judges’ Bench examines broader minority community. issues such as essentiality of religious practices o It has been established for the benefit of and constitutional morality. the minority community. • Once conferred a status of minority Constitutional Morality educational institution, there is no need for its • The term ‘morality’ or ‘constitutional morality’ has renewal periodically. not been defined in the Constitution. • Rights obtained by Minority Educational • In the 2018 Sabarimala verdict, the majority opinion Institutions (MEIs) defined ‘morality’ in Article 25 to mean constitutional morality. o In respect of control over representatives, • As per the Supreme Court, the magnitude of minority educational institutions have constitutional morality is not confined to the substantially more prominent power literal text which a Constitution contains, rather it than other institutions. embraces within itself virtues of a wide o MEIs are out of purview of reservation magnitude. policy under Article 15. More on news o MEIs can have a reservation of up to 50 percent for the student of their own • In the “Indian Young Lawyers Association & community. Others vs The State of Kerala & Others” case, o Section 12 of Right to Education Act (RTE) 2018, a five-judge bench had delivered a 2009, which mandates 25% reservation for landmark 4:1 ruling setting aside the decades- children belonging to economically old restrictions on the entry of women of weaker section (EWS), is also not reproductive age inside Sabarimala Temple. applicable on MEI. However, the SC has o The judgment remarked that ban on the held that all schools run by minority entry of women in Sabarimala is a kind of institutions will have to grant free untouchability, and thus violative of admissions to poor children on 25% on Article 17. their seats, under the Right to Education • Review pleas were filed against above order. (RTE) act. • Now, the larger Bench would also consider o They can also have separate fee structure the entry of women into mosques and the but not allowed to charge capitation fee. practice of female genital mutilation, Minorities at state-level prevalent among the Dawoodi Bohras Sect.

• Constitution of India does not define minorities. Doctrine of essentiality: It was invented by Supreme Centre, under the powers conferred by Section 2 Court in the ‘Shirur Mutt’ case in 1954. Court that the of the National Commission for Minorities Act, term “religion” will cover all rituals and practices 1992 can notify a community a minority “integral” to a religion, and took upon itself the community. responsibility of determining the essential and non- • Recently, Supreme Court ruled that religious essential practices of a religion. classification should be on all-India basis and not

state-wise. Related news: Karnataka High Court (HC) on Article 25 Constitutional Provisions regulating Minority It said that denial of permission to put up temporary Institutions structures on roads and footpaths for religious festivals • Article 30 of the Constitution deals with the Right or functions will not infringe upon the freedom of minorities to establish and administer granted Article 25 (Freedom to free profession, practice educational institutions. and propagation of religion). • Under Article 30 (1), all minorities, whether based on religion or language, have the right to establish and administer educational institutions of their choice. 8 8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW | CHANDIGARH

1.3. PRESIDENT Pardoning power of president • Article 72 of the Indian Constitution says that 1.3.1. IMPEACHMENT OF US the President shall have the power to grant PRESIDENT pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute Why in news? the sentence of any person convicted of any Donald Trump became the 3rd President of USA to offence. have been impeached. But since he was acquitted o Pardon – Completely absolves from all by the Senate, he was not removed. sentences and punishment o Commutation –To replace the Procedure for Impeachment Procedure for punishment with less severe punishment. of President of India (Article Impeachment of o Reprieve – Temporary suspension of 61) President of US death sentence. • • US president can Indian President can be o Respite – Awarding a lesser punishment removed from office for be removed from on some special grounds like pregnancy “violation of the office for constitution” whose ‘Treason, etc. meaning is not defined in Bribery, or other o Remissions – Reduction of the amount of the constitution. high Crimes and sentence without changing its character. Misdemeanours’. • The President can exercise these powers • The impeachment • Only House of o In all cases where the punishment or charges can be initiated Representatives sentence is by court martial; by either House of (lower house) o In all cases where the punishment or Parliament. can initiate sentence is for an offence against any law impeachment relating to a matter to which the proceedings executive power of the Union extends; • These charges should be • Once this is o signed by one-fourth passed with a In all cases where the sentence is a members of the House simple majority, sentence of death. (that framed the the process goes • The power to pardon of the president is charges), and a 14 days’ for trial. exercised on the advice of council of notice should be given to ministers. the President. • After the impeachment • Next, the Senate 1.4. 9TH SCHEDULE OF INDIAN resolution is passed by a (upper house) is majority of two-thirds of convened like a CONSTITUTION the total membership of court, with both that House, it is sent to sides presenting Why in news? the other House, which evidence. Recently there was demand to put reservation should investigate the provisions for schedule caste, schedule tribe and charges. other backward classes under 9th schedule of • • If the other House also At the conclusion constitution. sustains the charges and of these passes the impeachment hearings, the About 9th Schedule resolution by a majority President can be th of two-thirds of the total removed from • 9 Schedule of the Constitution contains a list membership, then the office only if of central and state laws which cannot be President stands two-thirds of the challenged in courts. removed from his office Senate votes for o Any act which is added under the 9th from the date on which it. schedule gets resistant from any the bill is so passed. encroachment from judiciary even if it infringes the fundamental rights of an 1.3.2. PARDONING POWER OF individual. PRESIDENT o It was added with the First amendment in Why in news? 1951. It was created by the new Article 31B, which along with 31A was brought in President has rejected mercy pleas by convicts in by the government to protect laws Nirbhaya case. related to agrarian reform and for abolishing the Zamindari system.

• In IR Coelho versus State of Tamil Nadu case, 1.6. UN NOT A STATE Supreme Court held that laws placed in the 9th Schedule were open to judicial scrutiny. Why in news? • SC laid down dual test to examine the validity The Delhi High Court has ruled that the United of a law placed in the Ninth Schedule i.e. Nations is not a "State" within the meaning of Whether it violates any fundamental right Article 12 of the Constitution of India and is not and if yes whether the violation also damages amenable to the jurisdiction of the Court under the basic structure. Article 226 of the Constitution of India. o If the answer to both the questions is in Details the affirmative, then only a law placed in • According to Article 12 of the Constitution of the Ninth Schedule can be declared India, the term ‘State’ denotes the union and unconstitutional. state governments, the Parliament and state legislatures and all local or other authorities 1.5. OVERSEAS CITIZEN OF INDIA within the territory of India or under the control of the Indian government. Why in news? • The government has also stated that the Recently, government held that Overseas Citizen consent of the Government of India is not of India (OCI) card holders do not enjoy required to initiate a legal suit against UNO as fundamental rights guaranteed by the it is not a foreign state and is only an Internal Constitution. Organization. o About OCI scheme Section 86 of Civil Procedure Code, 1908 provides that a foreign State may be sued • OCI Scheme was introduced by amending the in any Court with the consent of the Citizenship Act, 1955 in August 2005. Central government. • A foreign national, who was eligible to • It, however, said UNO and its officials enjoy become citizen of India on 26.01.1950 or was a immunity under the United Nations (Privileges citizen of India on or at anytime after and Immunities) Act, 1947. 26.01.1950 or belonged to a territory that o As per the act, UNO has immunity from became part of India after 15.08.1947 is every form of legal process except insofar eligible for registration as OCI. as in any particular case it has expressly o Minor children of such person are waived its immunity. also eligible for OCI. • However, if the applicant had ever been a 1.7. OTHER CONSTITUTIONAL citizen of Pakistan or Bangladesh, he/she will ARTICLES IN NEWS not be eligible for OCI. • OCI cardholders do not get voting rights and Article What it says cannot hold a government job. They have Article 87 • It deals with Special Address by been granted statutory rights under the President and provides that Citizenship Act, 1955. Therefore, what right is President shall address both Houses granted depends on policy of Central of Parliament assembled together government. o at the commencement of first session after each general • A registered OCI is granted multiple entry, election to the Lok Sabha multipurpose, life-long visa for visiting India. o at the commencement of the • OCI is entitled to general parity with Non- first session of each year. Resident Indians in respect of all facilities • President’s address contains available to them in economic, financial and legislative and policy proposals that educational fields except in matters relating the government intends to initiate. to the acquisition of agricultural or plantation 164 (3) • It mandates that Governor shall properties. administer the oaths of office and • A registered OCI is exempted from secrecy to a minister, before a registration with Foreign Regional Minister enters upon his/her office. • Form of oath is mentioned in Third Registration Officer or Foreign Registration Schedule of constitution. Officer for any length of stay in India. • Schedule requires the oath-taker either to ―’swear in the name of God’ or ―’solemnly affirm’.

Article 340 • Empowers President to appoint with Assam, 371C- Manipur, 371D & E- commission to investigate the Andhra Pradesh, 371F- Sikkim, 371G- conditions of backward classes. Mizoram, 371H- Arunachal Pradesh, • Under this, commission headed by 371I-Goa, 371J- Karnataka etc. Justice G. Rohini was formed to look into the sub-categorisation of Other Backward Classes (OBC) in 2017. Article 371 • It is part of XXI Constitution of India, to 371-J and grants temporary, transition and special provisions to some states in the country. • While article 371 was part of the Constitution at the time of its commencement; Articles 371A through 371J were incorporated subsequently. • Article 371 deals with Gujarat and Maharashtra, 371A-Nagaland, 371B

2. FUNCTIONING OF PARLIAMENT/STATE LEGISLATURE/LOCAL GOVERNMENT

2.1. LEGISLATURE 2.1.3. PARLIAMENTARY PRIVILEGES 2.1.1. PARLIAMENTARY COMMITTEES Why in news? Why in news? On the Rafale fighter jet deal issue, a breach of privilege motion was moved against Prime In recent sessions of Parliament, certain bills were Minister and Defence Minister. passed without the scrutiny by parliamentary standing committees. Types of Privileges Collective About Parliamentary Committees • Exclude strangers from proceedings. Hold a secret sitting of the legislature • Parliamentary committees are of two kinds: • Freedom of press to publish true reports of o Standing Committees: Permanent in Parliamentary proceedings. But, this does not in case nature; Constituted every year; work on a of secret sittings continuous basis. • Only Parliament can make rules to regulate its own o Ad Hoc Committees: Temporary in nature; proceedings Cease to exist on completion of the task • There is a bar on court from making inquiry into assigned to them. proceedings of the house (speeches, votes etc.) • The constitution makes a mention of these Individual committees at different places but without • No arrest during session and 40 days before and 40 days after the session. Protection available only in making any specific provisions regarding civil cases and not in criminal cases their composition, tenure etc. All these • Not liable in court for any speech in parliament matters are dealt by the rules of two houses. • Exempted from jury service when the house is in • They session. o Ensure detailed scrutiny and uphold government accountability About parliamentary privileges o work in non-partisan manner • Art. 105 (for Parliament, its members & o aids the Opposition to play a greater role committees and Art. 194 (for State in exercising control over the executive. Legislature, its members & committees) o engage with relevant stakeholders confers certain privileges on legislative o ensure financial prudence. institutions and their members to: o Protect freedom of speech and 2.1.2. ETHICS COMMITTEE expression in the House and insulates Why in news? them against litigation over matters that occur in these houses Ethics Committee decided to form a code of o Protect against any libel through conduct for Lok Sabha MPs. speeches, printing or publishing About Ethics Committee o Ensure their functioning without undue influence, pressure or coercion • This committee was constituted in Rajya o Ensure sovereignty of Parliament Sabha in 1997 and in Lok Sabha in 2000. • Currently, there is no law that codifies all the • Ethics committee in Lok Sabha does not have privileges of the legislators in India. more than 15 members and in Rajya Sabha it • Privileges are based on five sources: i) has 10 members. Constitutional provisions ii) Various laws of • It enforces the code of conduct of members parliament (iii) Rules of both the houses iv) of Parliament and examines the cases of Parliamentary conventions v) Judicial misconduct and recommends appropriate interpretations action. • Privilege Motion is moved by a member when • A code of conduct had come into force for the (s)he feels that a minister has committed a Rajya Sabha MPs in 2005. breach of privilege of the House or one or more of its members by withholding facts of a case or by giving wrong or distorted facts.

Committee on Privileges then he could resign from his party, and • Standing committee constituted in each house of rejoin the party once he demits that post. the Parliament/state legislature. • Consists of 15 members in Lok Sabha (LS) and 10 Related Information: Interpretation of various members in Rajya Sabha (RS) to be nominated by aspects of the Anti-defection law by the Supreme the Speaker in LS and Chairman in RS. Court • Its function is to investigate the cases of breach of Decision of The law initially stated that the privilege and recommend appropriate action to the the Presiding decision of the Presiding Officer is Speaker/Chairperson. Officer is not subject to judicial review. subject to However, the SC in Kihoto 2.1.4. ANTI-DEFECTION LAW judicial Hollohan vs Zachillhu And Others review case (1992), stated that the Why in news? Speaker, while exercising the power to disqualify, acts like a Tribunal and • The Supreme Court recently upheld hence, the validity of the orders is former Karnataka assembly amenable to judicial review. speaker’s decision to disqualify 17 rebel Time limit The law does not specify a time- lawmakers but allowed the rebels to contest within which period for the Presiding Officer to the by-polls. the Presiding decide on a disqualification plea. • Recently, the Supreme Court Officer has to The Supreme Court asked the State asked Parliament to amend the Constitution decide on Assembly Speaker to decide the anti- disqualification petition in four to strip Legislative Assembly Speakers of their defection weeks. exclusive power to decide on the matter of cases disqualification under the anti-defection law. About Anti-defection Law 2.1.5. LEGISLATIVE COUNCIL • The Tenth Schedule was inserted in the Why in news? Constitution in 1985, by the Andhra Pradesh assembly passed resolution to 52nd Amendment Act. abolish Legislative Council. • It lays down the process by which legislators may be disqualified on grounds of defection Procedure for formation and abolition of by the Presiding Officer of a legislature based Legislative Council on a petition by any other member of the • Under Article 169 (1) of Constitution a State House. legislative assembly can pass a resolution o The presiding officer does not have requesting Parliament for creation or the power to either indicate the abolition of legislative council in the state. period for which a person is Based on resolution, Parliament makes an act disqualified, nor to bar someone from for amending Constitution to that effect. contesting elections. • Resolution by the assembly has to be passed • A legislator is deemed to have defected if by a special majority i.e. majority of the total o he either voluntarily gives up the membership of the Assembly and a majority membership of his party or of not less than 2/3rd of members of Assembly o disobeys the directives of the party present and voting. leadership on a vote. This implies that a • The Parliamentary law makes amendment to legislator defying (abstaining or voting Article 168 (1) (a) of Constitution which against) the party whip on any issue can includes names of states that have two lose his membership of the House) houses. • The law applies to both Parliament and state • This Act of Parliament is not to be deemed as assemblies. an amendment of the Constitution for the • Exceptions under the law: Legislators may purposes of Article 368 and is passed like an change their party without the risk of ordinary piece of legislation (i.e. by simple disqualification in certain circumstances. majority). o The law allows a party to merge with or • States with Legislative Council: Currently, six into another party provided that at least states have Legislative Councils. These are two-thirds of its legislators are in favour Andhra Pradesh, Telangana, Uttar Pradesh, of the merger. Bihar, Maharashtra, Karnataka. o If a person is elected as the speaker of Lok Sabha or the Chairman of Rajya Sabha

Powers of Legislative Council candidate election expenditure and proposed state funding of elections. • Council is not a revising body like the Rajya Sabha; it is only a dilatory chamber or an About Private member’s bill advisory body. • Any Member of Parliament (MP) who is not a • The final power of passing an ordinary bill lies minister is referred to as a private member. with the assembly. At the most, the council • Its introduction in the House requires one can detain or delay the bill for the period of month’s notice. four months—three months in the first • The government bills can be introduced and instance and one month in the second discussed on any day, private member’s bills instance. can be introduced and discussed only on • When an ordinary bill, which has originated in Fridays. the council and was sent to the assembly, is • The last time a private member’s bill was rejected by the assembly, the bill ends and passed by both Houses was in 1970. becomes dead. o It was the Supreme Court (Enlargement • The council has no effective say in the of Criminal Appellate Jurisdiction) Bill, ratification of a constitutional amendment bill. 1968. In this respect also, the will of the assembly • 14 private member’s bills — five of which prevails over that of the council. were introduced in Rajya Sabha — 2.1.6. LEADER OF OPPOSITION have become law so far. • They can bring in constitutional amendment Why in news? bills but not money bills. In recent Lok Sabha Election, none of the political Related information: Cap on election expenditure parties were able to secure minimum 10% of • Election Commission of India has set an strength required to be eligible for Leader of expenditure limit of Rs 70 lakh for the candidates Opposition post. in the Lok Sabha elections 2019. It is mandatory for all candidates to open an account in bank for the About Leader of Opposition (LoP) expenses, the payment of which will be made • LoP is a statutory post, drawing its power through cheque. o An incorrect account, or expenditure beyond from Salaries and Allowances of Leaders of the ceiling, can attract disqualification for up Opposition in Parliament (SALOP) Act, 1977. to three years. • The act defines LoP as the the Leader in that o However, there is no ceiling on campaign House of the party in opposition to the expenditure by political parties in the Lok Government having the greatest numerical Sabha and Assembly polls. strength and recognised as such by the Chairman of the Council of States or the 2.1.8. LAPSING OF BILLS Speaker of the House of the People. Why in news? • However, while recognizing LoP the Speaker should follow the Directions by the Speaker Recently, Vice President called for rethink on of Lok Sabha issued in 1956. provision that provides for automatic lapsing of • According to the directions, Speaker is not Bill leading to wastage of time in Lok Sabha. obliged to recognise any member of the Provisions for lapsing of bills largest Opposition party in the Lok Sabha as LoP in case the said party does not have the • Article 107 deals with introduction and strength equal to 1/10th of the quorum passing of bills. required for a sitting of the House. • According to this article, on the dissolution of • LoP enjoys the rank of a Cabinet Minister and Lok Sabha, Cases when a bill lapse are is a member of panels that select candidates o A bill originated in the Lok Sabha but for key Constitutional and statutory posts like pending in the Lok Sabha – lapses. CVC, CBI Director, Lok Pal etc. o A bill originated and passed by the Rajya Sabha but pending in Lok Sabha – lapses. 2.1.7. PRIVATE MEMBER’S BILL o A bill originated and passed by the Lok Sabha but pending in the Rajya Sabha – Why in News? lapses. A private member’s bill was proposed in the Rajya o A bill originated in the Rajya Sabha and Sabha that seeks removal of the limit on returned to that House by the Lok Sabha 14 8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW | CHANDIGARH

with amendments and still pending in the 2.2. CABINET COMMITTEES Rajya Sabha - lapses. • Cases when a bill does not lapse RECONSTITUTED o A bill pending in the Rajya Sabha but not Why in news? passed by the Lok Sabha does not lapse. o If the president has notified the holding of Recently the central government has a joint sitting before the dissolution of reconstituted eight key cabinet committees Lok Sabha, does not lapse. including creation of two new committees. o A bill passed by both Houses but pending Cabinet Committees assent of the president does not lapse. • They are extra-constitutional bodies, which are o A bill passed by both Houses but returned provided by the Governments of India Transaction by the president for reconsideration of of Business Rules, 1961. Houses does not lapse. • They are set up by the Prime Minister according to the exigencies of the time and requirements of the 2.1.9. OFFICE OF PROFIT situation. Hence, their number, nomenclature, and composition varies from time to time. Why in news? • Classification- They are of two types—standing Recently, President has rejected a petition and ad hoc. The former are of permanent nature demanding disqualification of Delhi MLAs for while the latter are of temporary nature. allegedly holding office of profit. • Function- They are an organisational device to reduce the enormous workload of the Cabinet. About office of profit They also facilitate in-depth examination of policy issues and effective coordination. • Articles 102(1) and 191 (1) mention • The Cabinet can review their decisions. disqualifications on the basis of Office of • Composition- They usually include only Cabinet Profit in the Parliament and state legislature Ministers. However, the non-cabinet Ministers are respectively. not debarred from their membership. They not • But it is neither defined in the constitution only include the Ministers in charge of subjects nor under Representation of People’s Act. covered by them but also include other senior • Supreme Court in Pradyut Bordoloi vs Ministers. Their membership varies from three to Swapan Roy (2001) case, outlined the eight. • following questions for the test for office of Head of the Committee- They are mostly headed by the Prime Minister. Sometimes other Cabinet Profit: Ministers also acts as their Chairman. But, in case o Whether the government makes the the Prime Minister is a member of a committee, he appointment; invariably presides over it. o Whether the government has the right to remove or dismiss the holder; More on news o Whether the government pays the • The committees that have been reconstituted remuneration; are: o What are the functions of the holder and o Appointments Committee of the Cabinet: does he perform them for the It decides all higher-level appointments in government; and the Central Secretariat, Public Enterprises, o Does the government exercise any Banks, the three service chiefs etc. It also control over the performance of those decides on the transfer of officers serving functions. on Central deputation. • Further in Jaya Bacchan v. Union of India case o Cabinet Committee on Economic Affairs: SC defined it as “an office which is capable of It reviews economic trends, problems and yielding a profit or pecuniary gain.” Thus, it is prospects for evolving a consistent and not the actual ‘receipt’ of profit but the integrated economic policy. ‘potential’ for profit that is the deciding factor ✓ It also deals with fixation of prices of in an ‘office of profit’ case. agricultural produce and prices of essential commodities. ✓ It deals with industrial licensing policies and review rural development and the Public Distribution System. ✓ It considers proposals for investment of more than Rs 1,000 crores.

o Cabinet Committee on Parliamentary • The new committees include: Affairs: It draws the schedule for o Cabinet Committee on Investment and Parliament sessions and monitors the Growth: progress of government business in ✓ It will identify key projects required Parliament. to be implemented on a time-bound o Cabinet Committee on Political Affairs: basis, involving investments of Rs deals with all policy matters pertaining to 1,000 crore or more, or any other domestic and foreign affairs. critical projects, as may be specified o Cabinet Committee on Security: It deals by it, with regard to infrastructure with issues relating to law and order, and manufacturing. It will also internal security and policy matters monitor the progress of such concerning foreign affairs with internal or projects. external security implications. o Cabinet Committee on Employment and ✓ It considers all cases involving capital Skill Development: defence expenditure more than Rs ✓ It is supposed to provide direction to 1,000 crore. all policies, programmes, schemes o Cabinet Committee on Accommodation: and initiatives for skill development It determines the guidelines or rules with aimed at increasing the employability regard to the allotment of government of the workforce. accommodation, including that to • Prime Minister is part of six panels except for Members of Parliament. the Committee on Accommodation and Committee on Parliamentary Affairs.

3. CENTRE-STATE RELATIONS 3.1. NITI AAYOG Why in news? Recently Government has reconstituted NITI Aayog, renaming Rajiv Kumar as its vice chairman and appointing Home Minister as ex-officio member. Background • Planning Commission was initially set up in 1950 as an agency to direct investment activity in a country. • Planning Commission of India had two key duties to perform i.e.; to implement five-year plan and second was to provide the finances to the state. • National Institution for Transforming India (NITI Aayog) was constituted in 2015 as a think tank and advisory body of the government, replacing Planning Commission.

Performance of NITI Aayog • Launching of various initiatives and programmes o Measuring performance and ranking States on outcomes in critical sectors o Sustainable Action for Transforming Human Capital (SATH) o Ek Bharat Shrestha Bharat o Development Support Services to States (DSSS) for Development of Infrastructure o ‘Aspirational District Programme (ADP)’: to realise the vision of ‘SabkaSaath, SabkaVikas’ • Enabling evidence-based policy making and enhancing productive efficiency with long-term vision o Three Year National Action Agenda and the Strategy for New India @75. o Balanced Regional Development ✓ NITI Forum for North East o Health & Nutrition Sector Reforms ✓ Evolving the National Nutrition Strategy o In energy sector ✓ NITI has prepared a report on ‘India’s 3.2. RATIONALISATION OF Renewable Electricity Roadmap 2030.’ CENTRALLY SPONSORED • Promote entrepreneurial and innovation ecosystem SCHEMES o Atal Innovation Mission, which established Why in News? Atal Tinkering Labs in India, has already done commendable work in improving the The chairman of the Fifteenth Finance innovation ecosystem in India. Commission has voiced that there needs to be o Global Entrepreneurship Summit 2017: Women further rationalization of the Centrally Sponsored First: Prosperity for All Schemes (CSS). o Women Entrepreneurship Platform

About CSS some 50: 50 • National River or all of • Special Conservation Plan • CSS are plan transfers to States by the Union them Category Government, which are implemented through states: the State Governments and in sectors falling 80: 20 in the State and Concurrent Lists of the Constitution. Steps taken towards rationalization of CSS • CSS is the biggest component of Central • States taken into deliberation- From 2014-15 Assistance to state plans (CA), where states onwards, direct transfers to State don’t have much flexibility. implementing agencies have been done away • In the initial years of planning in India, the with, and all transfers to States for Centrally number of CSS was very large (190 at the end sponsored schemes are now being routed of Fifth Plan which increased to 360 at the end through the Consolidated Fund of the State. of Ninth Plan). • Reduced number of CSS- from 66 to 28 and Current Structure of Centrally Sponsored they were divided into three categories. Schemes • Increased choice given to states- to select optional schemes they want to implement. Type Criteria Funding Schemes • Reduced rigidity in usage of funds- The flexi- of Pattern funds available in each CSS has been raised CSS (Centre: from 10% to 25% for the States and 30% for the States) UTs of the overall annual allocation under Core Have • General • MGNREGA each Scheme. of compul Category • National Social • the sory states: Assistance Program Evaluation of CSS- Approval of the schemes is Core particip Existing (For Senior citizens, being made co-terminus with the Finance (6) ation of pattern widows etc.) Commission cycle. NITI Aayog is in process of states • Special • Umbrella Scheme evaluation of all the CSS. Category for SC (All schemes states: for SC in one) 3.3. PROMOTION OF HINDI Existing • Umbrella Scheme LANGUAGE pattern for ST (All schemes for ST in one) Why in news? • Umbrella Scheme for OBC (All Recently, on the occasion of Hindi Diwas, the schemes for OBC in Union home minister had proposed to promote one) Hindi as the country’s common language. • Umbrella Scheme for Minorities (All Constitutional Basis for promoting Hindi schemes for language Minorities in one) • Article 351: It shall be the duty of the Union- Core Have • General Rashtriya Krishi Vikas o to promote the spread of the Hindi (20) compul Category Yojana, Rashtriya sory states: Pashudhan Vikas language, particip 60: 40 Yojana, Pradhan o to develop it so that it may serve as a ation of • Special Mantri Gram Sadak medium of expression for all the elements states Category Yojana, National Rural of the composite culture of India and states: Drinking Water o to secure its enrichment by assimilating 90: 10 Mission, National without interfering with its genius, the Health Mission, forms, style and expressions used in Swachh Bharat Hindustani and in the other languages of Abhiyan, Integrated India specified in the Eighth Schedule. Child Development Scheme, National • Article 120 and 210 regarding language to be Education Mission, used in Parliament and state legislature Forestry and Wild Life, respectively gives the option of transacting Pradhan Mantri Awas business in Hindi as well in English. Yojana etc. • Article 343 states Hindi written in Devanagari Optio States • General • Border Area script is to be the official language of the nal could Category Development Union and gives power to parliament to (2) choose states: Program

decide by law, the languages to be used for o A dispute arising out of any treaty, official work. agreement, covenant, engagement or • Article 344 provides for constitution of a other similar instrument executed before parliamentary committee every 10 years to the commencement of the constitution recommend to the President regarding and continues to be in operation or which progressive use of the Hindi language for the provides that the jurisdiction of the official purposes of the Union and restrictions Supreme Court shall not extend to such a on the use of English. dispute; o disputes relating to the use, distribution, Other Constitutional provisions with respect to languages or control of the water of any inter-state • Article 29 gives every Indian the right to a distinct river; language, script & culture. o Suits brought by private individuals • Article 30 provides for Right of minorities to against the government of India.

establish and administer educational institutions Other Jurisdictions of the Supreme Court for all minorities, whether based on religion or • Advisory: Under its advisory jurisdiction, the language. President has the power to seek an opinion from • Article 350A: Facilities for instruction in mother- the apex court under Article 143 of the tongue at primary stage Constitution. • Article 350B: Special Officer for linguistic minorities • Appellate: Under its appellate jurisdiction, the Three-language formula Supreme Court hears appeals from lower courts. • It is commonly understood that the three • Extraordinary original jurisdiction: The Supreme languages referred to are Hindi, English and the Court has exclusive power to adjudicate upon regional language of the respective States. disputes involving elections of the President and • Teaching of Hindi across the country was the Vice President, those that involve states and crystallised into a policy in an official document in the Centre, and cases involving the violation of National Policy on Education, 1968. fundamental rights. • It was again mooted in NPE 2019 but later the idea • Writ Jurisdiction: The Supreme Court is was dropped from the draft. empowered to issue writs including habeas • State has been following the two-language corpus, mandamus, prohibition, quo warranto formula for many decades, under which only and certiorari for the enforcement of the English and one regional language are compulsory fundamental rights of an aggrieved citizen.

in schools. Related information 3.4. ARTICLE 131 • Article 256 states that the executive power of every State shall be so exercised as to ensure Why in news? compliance with the laws made by Parliament and any existing laws which apply in that State. Recently Kerala and Chhattisgarh have filed a suit • It also states that the executive power of the in the Supreme court challenging the Union shall extend to the giving of such directions constitutional validity of various central laws to a State to ensure compliance may appear to the under Article 131 of the Indian Constitution. Government of India to be necessary for that purpose. About Article 131 • Article 131 of the Constitution talks about the 3.5. REMOVAL OF ARTICLE 370 original jurisdiction of the Supreme Court, AND 35A where the apex court deals with any dispute between the Centre and a state; the Centre Why in news? and a state on the one side and another state The Centre decided to end the special status given on the other side; and two or more states. to Jammu and Kashmir (J&K) under Article 370. • This means no other court can entertain such a dispute. Article 370 and Article 35A • A dispute to qualify under Article 131, it must • Art. 370 had “temporary provisions with respect involve a question of law or fact on which the to the State of Jammu and Kashmir” which gave existence of a legal right of the state or the special powers to the state allowing it to have its own Constitution. Centre depends. • According to article 370, except for defence, • The original jurisdiction of the Supreme foreign affairs, finance and communications, Court does not extend to: Parliament needs the state government’s concurrence for applying all other laws. 19 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW | CHANDIGARH 8468022022

• Article 35A of the Indian Constitution, which and Kashmir was under the president rule, stemmed out of Article 370, gave powers to the concurrence of governor is considered as Jammu and Kashmir Assembly to define “Jammu and Kashmir government”. permanent residents of the state, their special Implications of the move rights and privileges. • Complete applicability of Indian Constitution to More on news J&K • No separate flag • President of India in “concurrence” with the • Tenure of the J&K assembly to be five years, “Jammu and Kashmir government” instead of the earlier six years. promulgated Constitution (Application to • Replacing Ranbir Penal Code (the separate penal Jammu and Kashmir) Order, 2019 which code for J&K) with the Indian Penal Code. states that provisions of the Indian • Article 356 under which the President’s Rule can be Constitution are applicable in the State. imposed in any state, will also be applicable to the UT of Jammu and Kashmir. • This effectively means that all the provisions • The central quota laws in school-college that formed the basis of a separate admissions and state government jobs will apply. Constitution for Jammu and Kashmir stand • People from other states may be able to acquire abrogated. With this, Article 35A is scrapped property and residency rights. automatically. • RTI would be made applicable. • Along with this, a statutory resolution was • Certain provisions of the J&K Constitution which approved by the Parliament which – invoking denied property rights to native women who the authority that flows from the effects of marry a person from outside the State may stand Presidential Order – recommended that the invalidated. President abrogate (much of) Article 370. • Also, Jammu and Kashmir Reorganization 3.6. INNER LINE PERMIT Act, 2019 was passed by the Parliament. Why in news? Jammu & Kashmir (J&K) was re-organized into two Union Territories - J&K division with Recently, Manipur has launched an online portal a legislative assembly and the UT of Ladakh for the travellers to seek Inner Line Permits. without having an assembly. About ILP How the Scrapping of Article 370 and 35A became • It is a travel document that allows an Indian possible? citizen to visit or stay in a state that is • President issued a presidential order under protected under the ILP system. Article 370 (1) of the Constitution. This clause o Foreigners need a Protected Area Permit enables the President to specify the matters (PAP) to visit tourist places which are which are applicable to Jammu and Kashmir in different from Inner Line Permits needed concurrence with the Jammu and Kashmir by domestic tourists. government. • The system is in force today in four North • The order amended Article 367. Article 367 eastern states — Arunachal Pradesh, contains guidance on how to read or interpret Nagaland, Manipur and Mizoram. some provisions. The amended Article • No Indian citizen can visit any of these states declares that “the expression ‘Constituent unless he or she belongs to that state, nor can Assembly of the State…’ in Article 370 (3) he or she overstay beyond the period shall be read to mean ‘Legislative Assembly of specified in the ILP. the State’. Article 370(3) provided that the • The concept stems from the Bengal Eastern Article 370 was to be amended by the Frontier Regulation Act, 1873, where the concurrence of the Constituent Assembly. British framed regulations restricting the However, because of the amendment, it can entry and regulating the stay of outsiders in now be done away by a recommendation of designated areas. the state legislature. • This was to protect the Crown’s own • In other words, the government used the commercial interests by preventing “British power under 370(1) to amend a provision of subjects” (Indians) from trading within these the Constitution (Article 367) which, then, regions. amends Article 370(3). And this, in turn, • In 1950, the Indian government replaced becomes the trigger for the statutory “British subjects” with “Citizen of India”. resolution - Resolution for Repeal of Article 370 of the Constitution of India. As Jammu 20 8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW | CHANDIGARH

o This was to address local concerns about Council shall formulate specific projects protecting the interests of the indigenous and schemes for that State. people from outsiders belonging to other Indian states. 3.8. INTER-STATE COUNCIL • An ILP is issued by the state government concerned. Why in news? o It can be obtained after applying either Recently, Inter-State Council (ISC) has been online or physically. reconstituted. • It states the dates of travel and also specifies the particular areas in the state which the ILP About Inter-State Council holder can travel to. • Article 263 of the constitution provides for the establishment of an ISC. • It was set up on the recommendation of Sarkaria Commission by a Presidential Order in 1990. • It is a recommendatory body on issues relating to inter-state, Centre–state and Centre–union territories relations. • It aims at promoting coordination between them by examining, discussing and deliberating on such issues. • It is not a permanent constitutional body. It can be established 'at any time' if it appears to the President that the public interests would be served by its establishment. 3.7. NORTH-EASTERN COUNCIL • Organisation structure includes: o Prime minister as the Chairman Why in news? o Chief ministers of all the states Recently, government decided to allocated 30% of o Chief ministers of union territories the North-Eastern Council’s (NEC’s) budget for having legislative assemblies developing deprived areas. o Administrators of union territories not having legislative assemblies About North-Eastern Council o Six Central cabinet ministers, including • It is a statutory advisory body established the home minister, to be nominated by under the North Eastern Council Act, 1971, as the Prime Minister. amended in 2002. • The Presidential Order of 1990 has been • It is the nodal agency for economic and social amended twice to provide for Governor of a development of 8 North Eastern Region State under President’s rule to attend the States of Arunachal Pradesh, Assam, Manipur, meeting of the Council and nomination by the Meghalaya, Mizoram, Nagaland, Sikkim and Chairman of permanent invitees from Tripura. amongst the other Union Ministers, • Organisation structure includes respectively. o Ex-officio Chairman – Union Home • There is also a Standing Committee of the Minister Council for continuous consultation and o Vice Chairman - Minister of State processing of matters for the consideration of (Independent Charge), Ministry of DoNER the Council. It consists of the following o Members - Governors and Chief Ministers members: of all the eight States and 3 members o Union Home Minister as the Chairman nominated by President. o Five Union Cabinet Ministers o It is mandated to function as a Regional o Nine Chief Ministers Planning Body for the North Eastern Region. o While formulating the regional plans, it needs to give priority to schemes and projects, benefitting two or more States, provided that in case of Sikkim, the 21 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW | CHANDIGARH 8468022022

3.9. DADRA AND NAGAR HAVELI 3.10. SIXTH SCHEDULE

AND DAMAN AND DIU MERGED Why in news? Why in news? Recently National Commission For Scheduled Recently, Dadra and Nagar Haveli and Daman and Tribes (Art 338A) has recommended Union Diu (Merger of Union Territories) Act, 2019 was Territory of Ladakh to be declared as a “tribal passed. area” under the Sixth Schedule of the Constitution. About Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019 About sixth Schedule • The Act amends the First Schedule to merge • Article 244 of provides special system of the two union territories into the UT of Dadra administration for certain areas designated as and Nagar Haveli and Daman and Diu. ‘scheduled areas’ and ‘tribal areas. Amendment to First Schedule of constitution • Sixth Schedule contains special provisions for is not recognized as a constitutional the administration of tribal areas in the four amendment under Article 368 of the north-eastern states of Assam, Meghalaya, constitution. Tripura and Mizoram. th o First Schedule to the Constitution • Provisions under 6 schedule include: specifies the territories that come under o Autonomous districts: The tribal areas in various states and UTs. these states have been constituted as • Article 240(1) of the Constitution allows the autonomous districts, each of which has President to make regulations for certain UTs, an autonomous district council and each including the UTs of Dadra and Nagar Haveli, autonomous region has a separate and Daman and Diu. The Act amends the regional council consisting of 30 Article to replace these two UTs with the members. Currently, there are 10 such merged UT. councils. • The First Schedule to the Representation of o Legislative power: To make laws on the People Act, 1950 provides one seat in Lok certain specified matters like land, forests, Sabha to each of the two UTs. The Act canal water, shifting cultivation, village amends the Schedule to allocate two Lok administration, inheritance of property, Sabha seats to the merged UT. marriage and divorce, social customs and • The Act provides that the jurisdiction of the so on. These require assent of the High Court of Bombay will continue to extend governor. o to the merged UT. Judicial power: The councils can • With this amendment total Union Territories constitute village councils or courts for trial of suits and cases between the tribes in India become 8: where the jurisdiction of high court over o Andaman and Nicobar Islands these suits and cases is specified by the o Jammu and Kashmir governor. o Chandigarh o Regulatory power: The district council o Ladakh can establish, construct or manage o Dadra & Nagar Haveli and Daman & Diu o Lakshadweep primary schools, dispensaries, markets, ferries, fisheries, roads and so on in the o Delhi district. It can also make regulations for o Puducherry the control of money lending and trading • Out of these Delhi, Puducherry and Jammu & by non-tribals. But such regulations Kashmir have legislatures. require the assent of the governor.

o Tax revenue collection: The district and

regional councils are empowered to

assess and collect land revenue and to

impose certain specified taxes.

4. JUDICIARY Three Judges Cases 4.1. PROVISIONS RELATED TO • First Judges Case, 1981 or S P Gupta Case: The ADDITION AND TRANSFER OF Supreme Court ruled that the recommendation JUDGES made by the CJI to the President can be refused for “cogent reasons”, thereby giving greater say to executive. 4.1.1. ADDITION OF JUDGES • Second Judges Case, 1993: Supreme Court Advocates-on Record Association vs Union of Why in news? India. CJI only need to consult two senior-most • Parliament has recently passed the legislation judges over judicial appointments and transfers. to increase the sanctioned strength of the However, on objection raised by executive on Supreme Court from 31 to 34 including the appointment, Collegium may or may not change Chief Justice of India. their recommendation, which is binding on • Constitutional provisions executive. o Originally, under Article 124 of the Indian • Third Judges Case, 1998: CJI should consult with Constitution the strength of Supreme four senior-most Supreme Court judges and the Court was fixed at eight (one chief justice chief justice of two high courts (one from which the judge is being transferred and the other and seven other judges). receiving him) to form his opinion on judicial o Article 124 (1) provides the power to the appointments and transfers. Parliament to increase the number of judges if it deems necessary. 4.1.3. ACTING CHIEF JUSTICE o The Parliament through The Supreme Court (Number of Judges) Act, 1956 Why in news? increased strength of Supreme Court to Recently Supreme Court has recently ruled that a ten. judge who retired as an Acting Chief Justice of a o The Act was last amended in 2009 to High Court cannot claim the pension of a regular increase the judges’ strength from 25 to Chief Justice (CJ). 31. About Acting Chief Justice 4.1.2. TRANSFER OF JUDGES • Article 223 states that President can appoint a Why in news? judge of a high court as an acting chief justice of the high court when: Recently, Chief Justice of the Madras High Court, o the office of chief justice of the high court was transferred to Meghalaya High Court. is vacant; or Procedure for transfer of judges o the chief justice of the high court is temporarily absent; or • Constitutional provision: Transfer of Judges o the chief justice of the high court is from one High Court to another High Court is unable to perform the duties of his made by the President after consultations office. with the Chief Justice of India under Article • Similarly, under Article 126, President can 222 (1) of the Constitution. appoint a judge of the Supreme Court as an • Judicial Interpretation: The Supreme Court acting Chief Justice of India when: derives its power to select, appoint and o the office of Chief Justice of India is transfer judges from its verdicts in Three vacant; or Judges Cases. From the SC decisions on the o the Chief Justice of India is temporarily subject of judges' transfer, following points absent; or emerge: o the Chief Justice of India is unable to o Transfer of a judge cannot be a punitive perform the duties of his office. measure. o Transfer can be ordered only on 'public interest' for the 'better administration of justice'. o Transfer can be ordered by President only on the basis of concurrence of the CJI after effective consultation.

4.2. REGIONAL BENCH OF o reduce delay by providing for summary procedure. SUPREME COURT o reduce workload on higher tiers of judiciary. Why in News? • Gram Nayalayas Act, 2008 came into force on Vice President of India has suggested setting up of October 2, 2009. More than 5000 Gram four Regional Benches of the Supreme Court. Nyayalayas were expected to be set up under Currently, the Supreme Court sits at Delhi. the Act for which the Central Government allocated about Rs.1400 crores by way of More on news assistance to the concerned States/Union • Article 130 states that the Supreme Court may Territories. sit at place(s) other than Delhi on the order of • However, presently only 11 states have taken the Chief Justice of India with the prior steps to notify Gram Nyayalayas so far. Only approval of the President of India. 208 Gram Nyayalayas are functioning in the • Also, no constitutional amendment would be country. Not a single Gram Nyayalayas have required in order to set up such benches. become operational in North- Eastern States. • Law commission had recommended the About Gram Nyayalayas division of the Supreme Court into 1) Constitutional court and 2) National court of • Structure: It is established for every appeal. Panchayat at intermediate level or a group of • The Supreme Court itself, as early as in 1986, contiguous Panchayats at intermediate level had recommended establishment of National in a district. Court of Appeal with regional Benches at o The State Government, in consultation Chennai, Mumbai and Kolkata. with the High Court, notifies the • In V. Vasantha Kumar case, 2016 the Supreme boundaries of the area under the Court referred the matter to a Constitutional jurisdiction of a Gram Nyayalaya. It can Bench for decision on the National Court of also alter such limits at any time. Appeal. o It can hold mobile courts in villages falling o The National Court of Appeal with under its jurisdiction and State regional benches in Chennai, Mumbai and Government shall extend all required Kolkata is meant to act as final court of facilities. justice in dealing with appeals from the • Appointments: The State Government shall decisions of the High Courts and tribunals appoint a presiding officer called within their region in civil, criminal, labour Nyayadhikari for every Gram Nyayalaya in and revenue matters. consultation with the High Court, who will be a person eligible to be appointed as a Judicial 4.3. GRAM NYAYALAYAS Magistrate of the First Class. o The salary and other allowances along Why in news? with the other terms and conditions of Supreme Court has directed all the states to come service shall be on the same lines as well. out with notifications for establishing ‘Gram o Representation shall be given to the Nyayalayas’ within a month and has asked the members of the SC, ST, women and High Courts to expedite the process of others. consultation with state governments on this issue. • Jurisdiction, powers and authority: Gram Nyayalaya shall exercise both civil and Background criminal jurisdiction. The judgment passed by • 114th Report of the Law Commission (1986) a Gram Nyayalaya in civil cases shall be recommended setting up of Gram Nyayalayas deemed to be a decree. (mobile village courts) at the grass root levels o Gram Nyayalaya can try criminal cases, to: civil suits, claims or disputes which are o provide access to justice to the most specified in the Act. For e.g. marginalized sections of the society ✓ Offences not punishable with death, specifically to reduce barriers to access in imprisonment for life or terms of distance, time & associated imprisonment for a term exceeding costs. two years.

✓ Offences related to central acts such o Persons in custody as payment of wages, minimum o Persons whose annual income does not wages, Protection of civil rights, exceed Rs. 1 lakh (in the Supreme Court bonded labour, Protection of Women Legal Services Committee the limit is Rs. from Domestic Violence Act, etc. 5,00,000/-). o The nature of jurisdiction specified in the o Victims of Trafficking in Human beings or Act can be amended by both the central beggar. and state governments. Related information: Tele-Law initiative • A Gram Nyayalaya is not bound by the rules of • Tele-Law aims to facilitate delivery of legal advice evidence provided in the Indian Evidence Act, through a panel of lawyers stationed at the state 1872 but is guided by the principles of natural Legal Services Authorities (SALSA) and Common justice and is subject to any rule made by the Services Center (CSC). High Court. • Department of Justice has partnered with NALSA o An appeal against a judgement of a and CSC e-Governance Service India Limited for criminal case shall be taken to the Court mainstreaming legal aid to the marginalized of Session, while a civil case appeal shall communities through CSC. be taken to District court. Appeals have • Launched in 2017, this scheme has been expanded to 115 Aspirational Districts. to be heard and disposed of within six months. Legal aid as a human right • Under Article 21 of Indian constitution right to free 4.4. NATIONAL LEGAL SERVICES legal aid or free legal service is fundamental right. AUTHORITY (NALSA) • Article 39A of constitution (added through 42nd Amendment Act along with articles 39, 43A, 48A) Why in news? provides for free legal aid to the poor and weaker sections of the society and ensures justice for all. NALSA issued Vision 2020 document “Mission • Legal aid as a human right is envisaged in the Access Justice to All”. Universal Declaration of Human Rights, 1948. About National Legal Services Authority (NALSA) 4.5. NEW RULES FOR TRIBUNALS • NALSA has been constituted under the Legal Services Authorities Act, 1987 to provide free Why in News? Legal Services to the weaker sections of the Union Ministry of Finance has framed new rules society and to organize Lok Adalats for prescribing uniform norms for the appointment amicable settlement of disputes. and service conditions of members to various • NALSA shall consist of the Chief Justice of Tribunals. India who shall be the Patron-in-Chief and a About Tribunals serving or retired Judge of the Supreme • A tribunal is a quasi-judicial body established in Court to be nominated by the President, in India by an Act of Parliament or State Legislature consultation with the Chief Justice of India, under Article 323A or 323B to resolve disputes that who shall be the Executive Chairman. are brought before it. • Act also proposes, in every State, a State • Articles 323-A and 323-B were inserted through the Legal Services Authority and in every High 42nd Amendment Act of 1976 on recommendation Court, a High Court Legal Services Committee of Swaran Singh Committee. have been constituted. o Article 323A deals with administrative • District Legal Services Authorities, Taluk tribunals. o Legal Services Committees have been Article 323B deals with tribunals for other matters. constituted in the Districts and most of the • They play an important role in the sphere of the Taluks to provide free legal services to the adjudication of disputes especially when the people and conduct Lok Adalats in the State. subject demand technical expertise. • Persons eligible for getting free legal services • They do not have to follow any uniform procedure include as laid down under the Civil Procedure Code and o Women and children the Indian Evidence Act but they have to follow o Members of SC/ST the principles of Natural Justice. o Industrial workmen • They enjoy some of the powers of a civil court, viz., o Victims of mass disaster, violence, flood, issuing summons and allowing witnesses to give drought, earthquake, industrial disaster. evidence. Its decisions are legally binding on the parties, subject to appeal. o Disabled persons. 25 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW | CHANDIGARH 8468022022

About new rules and 57,987 cases in Supreme Court respectively. • The 'Tribunal, Appellate Tribunal and other • Uttar Pradesh (61.58 lakh) has highest Authorities (Qualifications, Experience and pendency followed by Maharashtra (33.22 other Conditions of Service of Members) lakh). Rules, 2020', were framed by the Ministry of Finance in exercise of powers under Section Related information: Legal Information Management 184 of the Finance Act 2017. & Briefing System (LIMBS) is a web-based portal • These apply to 19 Tribunals including Central developed by Ministry of Law & Justice for monitoring Administrative Tribunals; Income Tax and handling of various court cases of Govt. Departments and Ministries. Appellate Tribunal; Customs, Excise, Service Tax Appellate Tribunal etc. Notably, 4.7. CURATIVE PETITION Foreigners Tribunals are not covered. • Appointment: appointments to the above Why in news? Tribunals will be made by Central Government on the recommendations by the "Search cum Curative petitions were filed in Nirbhaya case, Selection Committee" composed of: recently. o The Chief Justice of India, or a judge About Curative Petition nominated by the CJI o President/chairperson of tribunal • Concept of the curative petition first evolved concerned by the Supreme Court in Rupa Ashok Hurra o Two government secretaries from the vs. Ashok Hurra & another case (2002) on the concerned ministry/department. question whether an aggrieved person is • Removal: Search Cum Selection Committee entitled to any relief against the final has the power to recommend the removal of judgement/order of the Supreme Court, even a member, and also to conduct inquiry into after the dismissal of a review petition. allegations of misconduct by a member. • It is based on interpretation of Article 137, • Qualifications for tribunal members: Only which provides that in the matter of laws and persons having judicial or legal experience are rules made under Article 145, Supreme Court eligible for appointment. has the power to review any judgement • Term: Rules also provide a fixed term of four pronounced (or order made) by it. years to the Tribunal members. • Its objectives are two: avoid miscarriage of • Independence: The condition in the 2017 Rules justice and to prevent abuse of process. (which were set aside by Court) that the Procedure members will be eligible for re-appointment • has also been dropped in 2020 Rules. A curative petition may be filed after a review plea against the final conviction is dismissed. 4.6. ZERO PENDENCY COURTS • It can be entertained if the petitioner establishes that there was a violation of the PROJECT principles of natural justice, and that he was not heard by the court before passing an Why in news? order. Recently the Delhi High Court has released the • A curative petition must be first circulated to a report on its pilot project titled "Zero Pendency Bench of the three senior-most judges, and Courts". the judges who passed the concerned More on news judgment, if available. Only when a majority of the judges conclude that the matter needs • Zero Pendency Courts Project is started by hearing should it be listed before the same Delhi High Court in certain subordinate courts Bench. in Delhi. • A curative petition is usually decided by • The objectives of the project were to study judges in the chamber unless a specific the actual, real-time 'Flow of Cases' from the request for an open-court hearing is allowed. date of institution till final disposal. • In the event of the Bench holding at any stage • As per the National Judicial Data Grid (NJDG), that the petition is without any merit, it may in 2018, 2.93 crore cases are pending in the impose a penalty on the petitioner. subordinate courts, 49 lakhs in High Courts

• Art. 141 - law declared by the Supreme Court shall 4.8. WITNESS PROTECTION be binding on all courts within the territory of SCHEME India. • Art. 142- Under this, SC can grant appropriate relief Why in news? for doing complete justice. Recently Supreme Court asked the states to adopt About the Witness Protection Scheme Witness Protection Scheme. • Under this, Secretary, District Legal Services Background Authority (DLSA) can pass witness protection • Supreme Court under Article 141/142 of the order for the witness protection under this Constitution of India has provided legal Scheme for protection of identity/change of sanctity to the scheme. identity/relocation of a witness, categorization of threat etc. • Although National Investigation Agency (NIA) • act provides for witness protection, the It has provisions related to o scheme has extended it to the witnesses in all procedure to be followed for witness other cases as per the threat perception. protection, o use of technology like in-camera trials • In Zahira sheikh vs. State of Gujarat, SC o Witness Protection Fund etc. observed that witness protection is necessary for free and fair trial.

5. ELECTIONS 5.1. ELECTORAL BONDS 5.2. NATIONAL PARTY STATUS

Why in news? Why in news? Recently, the information received under the The Election Commission of India recently Right to Information revealed some startling facts declared the National People’s Party (NPP) as a on electoral bonds. national party, making it the first from the north- eastern region to earn this status. More on news More on news • Electoral bonds with denomination of Rs 1 crore accounted for more than 91 per cent of • The NPP is recognised as a State party in the amount raised. Arunachal Pradesh, Manipur, Meghalaya and • The four cities, i.e. Mumbai, Kolkata, New Nagaland. Delhi and Hyderabad, accounted for 83 per • It became the 8th national political party in cent of all electoral bonds by value. the country. The other national political parties are: Indian National Congress, Bhartiya Janta Party, Bahujan Samaj Party, Communist Party of India, Communist Party of India (Marxist), National Congress Party, All India Trinamool Congress. • A party is recognized as national party by the Election Commission if it fulfils at least one of the following qualifications: o If it secures six per cent of valid votes polled in any four or more states at a general election to the Lok Sabha or to the legislative assembly; and, in addition, it wins four seats in the Lok Sabha from any state or states; or o If it wins two per cent of seats in the Lok Sabha at a general election; and these candidates are elected from three states; or o If it is recognized as a state party in four states. • EC, however, has no power to de-register political parties. Related information: Star Campaigner • A recognised political party can have 40 Star campaigners and an unrecognized (but registered) political party can have 20. • List of star campaigners must be communicated to Chief Electoral Officer and Election Commission within a week from the date of notification of an election. • The expenditure incurred on campaigning star campaigners is exempt from being added to the election expenditure of a candidate. It is not available for trading on stock exchanges and • If a candidate or her election agent shares the cannot be used as collateral for loans. It is available stage with a star campaigner at a rally, then the only in physical form. entire expenditure on that rally, other than the travel expenses of the star campaigner, is added to the candidate’s expenses.

General Elections 2019 - Important Data • In India, such Delimitation Commissions have • Voter Turnout - The final voter turnout stood at been constituted 4 times – in 1952, 1963, 1973 67.11% and registered the highest voter turnout in and 2002. the history of the Lok Sabha election. • The Delimitation Commission is appointed by • NOTA - In 2019, it was about 1.04% of the voters. In the President of India and works in the 2014 Lok Sabha election, this was around 1.08% of the voters. collaboration with the Election Commission • Women Voters - Parity in the voting percentage of of India. men and women at 66.79 per cent and 66.68 per • The commission has three ex-officio cent, respectively. members: • Women Parliamentarians - 17th Lok Sabha has a o a serving or retired judge of the Supreme record number of women parliamentarians — the Court as the chairperson, highest-ever standing at 78. o the Chief Election Commissioner or Election Commissioner nominated by the 5.3. DELIMITATION COMMISSION CEC and o State Election Commissioner of the Why in news? concerned state. Central government has constituted the • Its functions include: Delimitation Commission for the purpose of o Determining the number and boundaries delimitation of Assembly and Parliamentary of constituencies to make population of constituencies in the Union territory of Jammu all constituencies nearly equal and and Kashmir and the States of Assam, Arunachal providing equal representation to Pradesh, Manipur and Nagaland. equal segments of a population. o Identifying seats reserved for Scheduled More in News Castes and Scheduled Tribes, wherever • Delimitation will be done in Jammu and their population is relatively large. Kashmir based on the Census of 2011 in • Its orders have the force of law and cannot accordance with the provisions of the Jammu be called in question before any court. and Kashmir Reorganisation Act. • There was no delimitation after the 1981 and • In Assam, Arunachal Pradesh, Manipur and 1991 censuses due to various family planning Nagaland delimitation will be done in programmes implemented by the central accordance with the provisions of the government. Delimitation Act, 2002. • In 2002, the 84th Constitutional Amendment o Delimitation exercise for the purpose of was used to freeze the process of delimitation elections to the Lok Sabha and to the for Lok Sabha and State assemblies till at least State Legislative Assemblies on the basis 2026. of 2001 census figures was completed by November, 2008. 5.4. ELECTRONIC VOTING o However, this exercise was postponed in MACHINES (EVMS) Arunachal Pradesh, Assam, Manipur and Nagaland on apprehension of threat to Why in news? the peace and public order. Recently, Delhi High Court ruled that Electronic • Commission will be headed by former Voting Machines (EVMs) is not ‘information’ under Supreme Court judge, Justice (Retd.) Ranjana RTI Act. Desai. About Electronic Voting Machine (EVM) About Delimitation • An EVM consists of a "control unit" and a • Delimitation literally means the act or process "balloting unit". The control unit is with the of fixing limits or boundaries of territorial Election Commission-appointed polling constituencies in a country or a province officer; the balloting unit is in the voting having a legislative body. compartment into where voter casts her vote • Under Article 82, the Parliament enacts a in secret. Delimitation Act after every Census which • It runs on a single alkaline battery fitted in the establishes a delimitation commission. control unit, and can even be used in areas • Under Article 170, States also get divided into that have no electricity. territorial constituencies as per Delimitation Act after every Census.

• They are manufactured by Electronics are simply declared as registered- Corporation of India Limited (ECIL) and Bharat unrecognised parties. Electronics Limited (BEL). o Registration of political parties is governed by the provisions of section 29A History of EVMs in Indian Elections of the Representation of the People Act, • EVMs were 1st used in 1982 Kerala Assembly 1951. elections (by-election). • However, SC struck down the election since 5.6.2. FACIAL RECOGNITION FOR Representation of People Act, 1951, and VOTER VERIFICATION Conduct of Elections Rules, 1961, did not allow • Telangana State Election Commission use of EVMs. successfully tested the facial recognition • RP Act 1951 was amended in 1988 to allow application for voter verification at polling usage of EVMs. stations using real time authentication • In 1999, they were used for the 1st time in the capabilities. entire state for Goa Legislative Assembly • It helps to reduce impersonation or 'proxy- elections. voting' cases. • In 2004, EVMs were used for the 1st time in • The application using latest technologies like Lok Sabha elections. artificial intelligence, big data and machine 5.5. SECTIONS OF learning was uploaded in mobile phones and tested in 10 polling stations for urban local REPRESENTATION OF THE body elections in Kompally Municipality. PEOPLE ACT (RP ACT), 1951 IN 5.6.3. POSTAL BALLOT NEWS • Recently, Person with disabilities (PwDs) and Section What it says people over 80 years of age were allowed to Section • A person convicted of an offence cast their vote in Delhi Assembly Election 8 (1) punishable under certain provisions of through postal ballot. Indian Penal Code, Prevention of • Corruption Act 1988, etc. shall be It is a type of voting whereby Electronically disqualified from contesting election. Transmitted Postal Ballot Papers (ETPB) are Section • Empowers the Election Commission distributed to electors and returned by post. 11 to remove or reduce the period of • Service voters, have the option of either disqualification. voting through postal ballot or through a Section • Prohibits election campaign activities proxy voter. It includes 126 through public meetings, processions, o members of Armed Forces of the Union etc., and displaying of election matter o members of forces to which provisions of by means of television and similar Army Act, 1950 applies. apparatus 48 hours before voting day. o members of armed police force of a State

Section • Registration of political parties by and serving outside that state 29A election Commission. o persons who are employed by GoI in a 5.6. SOME INITIATIVES BY post outside India. • Under Section 62 of the Representation of ELECTION COMMISSION the People Act, 1951 prisoners are not 5.6.1. POLITICAL PARTIES allowed to vote but people under preventive detention can cast their votes through postal REGISTRATION TRACKING ballots. MANAGEMENT SYSTEM (PPRTMS) • Launched by Election Commission, PPRTMS is 5.6.4. ASSOCIATION OF WORLD an online portal to facilitate tracking of ELECTION BODIES (A-WEB) status of application. Why in news? • Registration of Political Parties o The Election Commission registers ECI hosted 4th General Assembly of Association of political parties for the purpose of World Election Bodies (A-WEB) at Bengaluru. elections and grants them recognition as national or state parties on the basis of their poll performance. The other parties

About A-WEB participative elections worldwide and achieving sustainable democracy. • It is largest association of Election • It also undertakes Election Visitor and Management Bodies (EMBs) worldwide. Observation Programmes in various countries • It was established in 2013 in South Korea. Its to study various election management Permanent secretariat is located at Seoul. practices and share knowledge with other • It aims at strengthening the processes of Member of EMBs. election management in member countries. • The A-WEB Secretariat also undertakes • It seeks to foster efficiency and effectiveness Election Management Capacity Building in conducting free, fair, transparent and Programme for the officials from Member EMBs.

6. IMPORTANT LEGISLATIONS/BILLS 6.1. AMENDMENT TO THE RTI o Final interpretation of all the rules rests with Central Government. ACT 6.1.1. RECENT JUDGEMENTS RELATED Why in news? TO RTI Recently, the Parliament passed the Right to Information (Amendment) Act, 2019. • In Central public information officer, About Central Information Commission Supreme Court of India vs Subhash Chandra • CIC was established under the provisions of the Agarwal case a five-judge Constitution Bench Right to Information Act, 2005. of Supreme Court (SC) declared that the • The Commission consists of a Chief Information Office of the Chief Justice of India (CJI) is a Commissioner and not more than ten Information ‘public authority’ under Section 2(h) of RTI Commissioners (IC). Act. • They are appointed by President on the o Following information can be disclosed recommendation of a committee consisting of under RTI Prime Minister as Chairperson, Leader of ✓ Information about personal assets of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. judges and CJI is not a violation of • They should be persons of eminence in public life their right to privacy. with wide knowledge and experience in law, ✓ Names of judges recommended by science and technology, social service, the Collegium. management, journalism, mass media or o Following information cannot be administration and governance. disclosed under RTI • They are not eligible for reappointment. ✓ Reasons cited by collegium for Amendments brought in the RTI Act recommendation of judges ✓ • Removal of fixed term- As per the act, the CIC Information protected under Section and ICs will hold office for a term of five years. 8 of RTI Act The Amendment removes this provision and • In D.A.V. College Trust and Management states that the central government will notify Society Vs. Director of Public Instructions the term of office for the CIC and the ICs. case Supreme Court ruling has brought non- • Determination of Salary- As per the act, the government organizations (NGOs) receiving salary of the CIC and ICs (at the central level) funds from the governments under the ambit will be equivalent to the salary paid to the of RTI Act. o Chief Election Commissioner and Election Currently, NGOs are regulated under the Commissioners, respectively. Similarly, the provisions of Foreign Contribution salary of the CIC and ICs (at the state level) Regulation Act (FCRA) and Foreign will be equivalent to the salary paid to the Exchange Management Act (FEMA Act). o Election Commissioners and the Chief This ruling would mean that NGOs will Secretary to the state government, have to maintain records as provided respectively. under the RTI Act, and every citizen will o The Amendment empowers the Central have the right to get information from Government to determine the salaries, them. allowances, and other terms and conditions of service of the central and state CIC and ICs. • Following RTI Rules were introduced under the amended Act. o It grants absolute power to Government to decide “conditions of service” which are not expressly covered under the Rules (in exercise of residuary powers). ✓ In such cases, decision of Central Government is binding upon the ICs. o Government has “power to relax” the applicability of provisions of rules.

• Section 2(h) of the RTI Act states that “public accounts in which they receive foreign funds. authority” means any authority or body or o In 2017, the Ministry of Home Affairs issued institution of self-government established or circular under which all NGOs registered under constituted FCRA should receive foreign donations in a o By or under the Constitution; single designated bank account. o By any other law made by Parliament; o NGO have to file an affidavit declaring that the o By any other law made by state legislature; individual has not been involved in any act of o By notification issued or order made by the religious conversion or prosecuted for appropriate Government, and includes any communal disharmony. ✓ Body owned, controlled or substantially Foreign Exchange Management Act (FEMA) financed • It was introduced to consolidate and amend the ✓ Non-Government organization law relating to foreign exchange with the substantially financed, directly or objective of facilitating external trade and indirectly by funds provided by the payments. appropriate Government. • Certain NGOs are also registered under FEMA o The RTI Act does not define substantial come under Ministry of Finance. financing. Other regulations related to NGOs o Supreme Court in its judgement has widened • Labour Laws: Any NGO employing more than 20 the definition of substantial financing and held employees must comply with the Employees’ that it can be direct and indirect. Provident Fund (compliance is voluntary if an NGO • Section 8 (1) (j) of the RTI Act says that personal has less than 20 employees). information, which has no relationship to any • Accreditation: Recently, New accreditation public activity or interest, or which would cause guidelines for NGOs had been formed on the basis unwarranted invasion of the privacy of the of recommendations of Vijay Kumar Committee individual shall be disclosed only if the appellate o NITI Aayog has been appointed as the nodal authority is satisfied that the larger public interest agency for the purpose of registration and justifies the disclosure of such information. accreditation of NGOs seeking funding from • Any person who is a citizen of India can file an RTI Government. application. • All below poverty line (BPL) families are exempt RTI and Judiciary from paying any fees for other there is nominal fee • The RTI Act conferred powers on the Chief justice of Rs 10 which may also vary from state to state. of the Supreme Court of India and the chief justices of high courts of states for carrying out its Foreign Contribution Regulation Act (FCRA) 2010 provisions, and all these courts framed their own It regulates the acceptance and utilization of foreign rules. contribution by individuals or associations and prohibits • However, the Supreme Court Rules undermined acceptance and utilization of foreign contribution or the RTI in four key ways. Unlike the RTI Act, the foreign hospitality for any activities detrimental to Rules do not provide for: national interest and for matters connected therewith o a time frame for furnishing information or incidental. o an appeal mechanism • It required all NGOs to apply for a license to o penalties for delays or wrongful refusal of receive foreign funding. information o NGO must be in existence for at least 3 years o makes disclosures to citizens contingent upon and spending at least Rs 1,000,000 over 3 “good cause shown” years preceding the date of its application on • The RTI Act does not permit any appeals to be its activities entertained by any court under Section 23. Nevertheless, the contradiction arises from the o It must have undertaken reasonable activity fact that the Indian Constitution gives powers to in its field for which the foreign contribution is the Supreme Court and the high courts that proposed to be utilised. override any statute. o NGO with permanent FCRA licenses now have • Further, SC has said that the decision of the to get these renewed every five years. Registrar General of the Court will be final and not o NGO shall not spend more than 50% of subject to any independent appeal to Central Foreign Contribution received in a Financial Information Commission. Year to meet administrative expenses without prior approval of Central Government. 6.2. PROTECTION OF HUMAN • Recent changes in FCRA o Government barred several prominent NGOs RIGHTS (AMENDMENT) ACT 2019 from receiving funds from foreign countries after they failed to file their annual returns for Why in news? five consecutive years. President gave assent to the Protection of Human o NGOs are required to validate the bank Rights (Amendment) Act, 2019. 33 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW | CHANDIGARH 8468022022

Need for the amendment in the existing Act Commission National for Commission • The NHRC was denied A-grade Scheduled for the accreditation in 2017 by the Global Alliance of Castes, Protection of National Human Rights Institutions National Child Rights, (GANHRI), a UN body based in Geneva, due Commission and the Chief Commission’s failure in ensuring gender for Commissioner balance and pluralism in its staff and lack of Scheduled for Persons transparency in selecting its members and Tribes, and with rising political interference. National Disabilities as Commission members of o However, in February 2018, GANHRI, re- for Women the NHRC. accredited India’s apex rights watchdog are with the ‘A’ status. members of About Paris Principles the NHRC. • UN Paris Principles provide the international Chairperson • Under the • It amends this benchmarks against which National Human Rights of SHRC: Act, the to provide that Institutions can be accredited under five heads: chairperson a person who o Monitor any situation of violation of human of a SHRC is has been Chief rights which it decides to take up. a person Justice or o Able to advise the Government on specific who has Judge of a violations, on issues related to legislation and been a Chief High Court will general compliance and implementation with Justice of a be chairperson international human rights instruments. High Court. of a SHRC. o Be able to relate to regional and international Term of • The Act • It reduces the organizations. office: states that term of office o Have a mandate to educate and inform in the the to three years field of human rights. chairperson or till the age o Some institutions should be given a quasi- and of seventy judicial competence members of years, the NHRC whichever is Amendments to the original Act of 1993 and SHRC earlier. will hold • Provisions Original Act of Amended Act of It removes the office for 1993 2019 five-year limit five years or for Composition • Under the • It amends this till the age reappointmen of NHRC: Act, the to provide that of seventy t. chairperson a person who years, of the NHRC has been Chief whichever is is a person Justice of the earlier. who has Supreme • Further, the been a Chief Court, or a Act allows Justice of Judge of the for the the Supreme Supreme reappointme Court. Court will be nt of • It provides the members of for two chairperson of the NHRC persons the NHRC. and SHRCs having • It amends this for a period knowledge to allow three of five years. of human members to Union • It provides rights to be be appointed, Territories: that the appointed as of which at central members of least one will government the NHRC. be a woman. may confer on • Under the • It provides for a SHRC human Act, including the rights chairpersons chairpersons functions of various of the National being commissions Commission discharged by such as the for Backward Union National Classes, the Territories.

Functions • Establishment of a Single Inter-State River relating to Water Disputes Tribunal dissolving all existing human rights tribunals. in the case of • It prescribes composition of tribunal, Delhi will be timelines, and makes mandatory for the dealt with by the NHRC. Central Government to make a scheme to give effect to the decision of the Tribunal. 6.3. THE INTER-STATE RIVER • Data Collection and maintenance of a databank- at national level for each river basin WATER DISPUTES (AMENDMENT) by an agency to be appointed and authorized BILL, 2019 by central government. Why in news? 6.4. ARBITRATION ACTS Recently, the Lok Sabha passed the Inter-State River Water Disputes (Amendment) Bill, 2019 Why in news? which seeks to replace Inter State River Water Recently, government has passed New Delhi Dispute Act, 1956. International Arbitration Centre (NDIAC) Act and Arbitration and Conciliation (Amendment) Act. Constitutional and Legal Provisions with regard Arbitration to Water • It is the settlement of dispute between parties to a • Article 262(1) provides that Parliament may by contract by a neutral third party (the arbitrator) law provide for the adjudication of any without resorting to court action. dispute or complaint with respect to the use, • It is one of the ways of alternative dispute distribution or control of the waters of, or in, resolution. Others being mediation, conciliation and Lok Adalats. any inter State river or river valley. • It is confidential, speedier and cheaper than court. • Article 262(2) empowers Parliament with the • Arbitral awards are binding and enforceable power to provide by law that neither the through courts. Supreme Court nor any other court shall exercise jurisdiction in respect of any such About NDIAC Act dispute or complaint. • The Act envisages NDIAC to replace • Under Article 262, two acts were enacted International Centre for Alternative Dispute o River Boards Act 1956: It was enacted Resolution (ICADR) as an Institution of with a declaration that centre should take National Importance. control of regulation and development of o ICADR was registered as a Society in May Inter-state rivers and river valleys in public 1995 under the Societies registration Act, interest. However, not a single river board 1860 for the promotion and development has been constituted so far. of ADR facilities o The Interstate River Water Disputes Act, • It will facilitate conducting of international 1956 (IRWD Act) confers a power upon and domestic arbitration, mediation and union government to constitute tribunals conciliation proceedings in a most to resolve such disputes. It also excludes professional, cost effective and timely jurisdiction of Supreme Court over such manner. disputes. • It will be headed by a chairperson, who has • However, if states feel that the order is not been a judge of the Supreme Court or a High satisfactory only then they can approach Court or an eminent person having special supreme Court under article 136. knowledge and experience in the o Article 136 gives discretion to allow leave administration of arbitration. to appeal against order, decree, judgment • Other objectives of the centre include: passed by any Court or tribunal in India. o maintaining panels of accredited Key Provisions of Inter-State River Water arbitrators, conciliators and mediators Disputes (Amendment) Bill, 2019. through a Chamber of Arbitration. o establishing an Arbitration Academy for • Dispute Resolution Committee to resolve the training arbitrators. dispute amicably by negotiations within one o promoting studies and reforms in the year (extendable by six months), before field of alternative dispute resolution and referring it to tribunal. related matters. 35 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW | CHANDIGARH 8468022022

o co-operating with other societies, Data collected in NPR institutions and organisations, national or • The NPR will collect both demographic data and international for promoting alternative biometric data. dispute resolution. • There are 15 different categories of demographic data, ranging from name and place of birth to About Arbitration and Conciliation (Amendment) education and occupation. Act, 2019 • For biometric data it will depend on Aadhaar, for • It amends the Arbitration and Conciliation Act, which it will seek Aadhaar details of the residents. 1996 to deal with domestic and international • While registering with the NPR is mandatory, arbitration. furnishing of additional data such as PAN, Aadhaar, • Under it, an independent body called the driving licence and voter ID is voluntary. Arbitration Council of India (ACI) will be set About National Population Register up for • o promotion of alternative dispute redressal A group of ministers created after the Kargil mechanisms, war recommended compulsory registration o framing policies for grading arbitral of all residents in India, to facilitate the institutions and accrediting arbitrators, preparation of a national register of citizens o maintaining a depository of arbitral and curb illegal migration. judgments made in India and abroad, and • In 2010 Registrar General of India collected o maintenance of uniform professional data for a National Population Registry during standards for all alternate dispute Census 2011 enumeration. This data further redressal matters. updated in 2015. • Appointment of arbitrators will now be done • Thus, NPR is a list of “usual residents of the by the Supreme Court designated arbitral country”. o institutions, which was earlier used to be According to the Ministry of Home Affairs, done by parties themselves. a “usual resident of the country” is one • It seeks to remove time restriction for who has been residing in a local area for international commercial arbitrations and says at least the last six months, or intends to tribunals must try to dispose of international stay in a particular location for the next arbitration matters within 12 months. six months. • • Completion of written submissions to be NPR is being prepared under provisions of the completed within six months of the Citizenship Act 1955 and the Citizenship appointment of the arbitrators. Earlier there (Registration of Citizens and issue of National was no time limit. Identity Cards) Rules, 2003. o The Citizenship Act 1955 was amended in Related news: Challenging Arbitral award 2004 by inserting Section 14A which • Supreme Court recently held that High Courts provides for the following: should not interfere in the arbitral awards in a ✓ The Central Government may casual manner. It should only interfere if it compulsorily register every citizen of concludes that there is completely unacceptable reasoning and not only merely on absence of India and issue National Identity Card. reasoning. ✓ The Central Government may • Section 34 of the Arbitration and Conciliation Act maintain a National Register of Indian provides for setting aside of an arbitral award by Citizens (NRIC) or National Register making an application to the Court. of Citizens (NRC). and for that • Section 34 (4) of the Arbitration Act gives the purpose, establish a National opportunity to the Tribunal to cure the defects in Registration Authority. award by itself. ✓ Out of the universal data set of residents, the subset of citizens 6.5. NATIONAL POPULATION would be derived after due REGISTER verification of the citizenship status. Therefore, it is also compulsory for all Why in News? usual residents to register under the Recently, government has decided to prepare a NPR. National Population Register (NPR) by September • NPR will be conducted at the local, sub- 2020 to lay the foundation for rolling out a district, district, state and national levels. citizens' register across the country. • It will be conducted in conjunction with the first phase of the Census 2021, by the Office

of the Registrar General of India (RGI) under 6.5.1. NATIONWIDE NRC the Home Ministry. o Only Assam will not be included, as it Why in news? recently completed NRC. Recently, the Government of India has signalled • There is also a proposal to issue Resident its intent of not carrying out a nationwide Identity Cards to all usual residents in the NPR National Register of Citizens (NRC). of 18 years of age. About NRC NPR vs Aadhar The data collected in NPR will be sent to UIDAI for de- • The National Register of Citizens is a list of all duplication and issue of Aadhaar Number. the legal citizens of the country, with • Voluntary vs. Mandatory: It is compulsory for all necessary documents. Indian residents to register with the NPR, while • Earlier, following the Supreme Court’s order, registration with the UIDAI is considered voluntary. the Government conducted the NRC updating • Number vs. Register: UID will issue a number, exercise in Assam and as a result over 19 lakh while the NPR is the prelude to the National Citizens Register. Thus, it is only a Register. applicants failed to make it to the NRC list. • Authentication vs. Identification: The UID number (See box) will serve as an authenticator during transactions. Criteria for determining the citizenship The National Resident Card will signify resident status and citizenship. • Citizenship Act, 1955 states that anyone born • UIDAI vs. RGI: The UIDAI is responsible for in India on or after January 26, 1950 up till enrolling individuals in the UID scheme, and the July 1, 1987 is an Indian citizen by birth. RGI is responsible for enrolling individuals in the • Anyone born on or after July 1, 1987 but NPR scheme. before the commencement of the Citizenship • Door to door canvassing vs. center enrollment: (Amendment) Act, 2003 and either of whose Individuals will have to go to an enrollment center and register for the UID, while the NPR will carry parents is an Indian citizen at the time of his out part of the enrollment of individuals through birth is an Indian citizen. door to door canvassing. • Anyone born after the commencement of the • Prior documentation vs. census material: The UID Citizenship (Amendment) Act, 2003 and both will be based off of prior forms of documentation of whose parents are Indian citizens at the and identification, while the NPR will be based off time of his birth is an Indian citizen. of census information. • The only exception to this was Assam where

Related news: Cabinet clears Census 2021 as per the 1985 Assam Accord foreigners who • The Census Act, 1948 and the Census Rules, 1990 came to the state up to March 24, 1971 were provide the legal framework for conduct of to be regularised as Indian citizens. Census. • To implement Citizenship Amendment Act, • Census 2021 will be 16th Census in the country. 2019 (next section), citizens and illegal Decennial Population Census was started in 1872 migrants have to be identified. So, a National under British Viceroy Lord Mayo. Register Citizens (NRC) is the necessary first • New initiatives taken for the Census 2021 are: step. o Use of Mobile App for the first time for data collection. The Assam Accord and NRC in Assam o Facility of online self-enumeration for public • It was a Memorandum of Settlement signed during Population Enumeration phase. between representatives of the Government of o Census Monitoring & Management Portal as a India and the leaders of the Assam Movement in single source for all officers/ officials involved New Delhi on 15 August 1985. in Census activities to provide multi language • The Citizenship Act of 1955 was amended after the support. Assam Accord as per which all Indian-origin people How is Census different from NPR? who came from Bangladesh before January 1, 1966 • Census doesn’t ask for individual identity details, to be deemed as citizens. and is a macro exercise. NPR collects identity • Those who came between January 1, 1966 and details of every individual. March 25, 1971 were eligible for citizenship after • Census data is protected by a confidentiality registering and living in the State for 10 years. clause. The government has committed that it will • Those who came after March 25, 1971 should be not reveal information received from an individual detected and deported under the Illegal Migration for the headcount. Determination (by Tribunals) (IMDT) Act, 1983. It also talked about the deletion of foreigners' names from the electoral rolls. • NRC was updated in Assam as per Assam Accord. 37 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW | CHANDIGARH 8468022022

Provisions for people having missed out the NRC list o enters with valid documents, but stays • Assam government has assured people that those beyond the permitted time period. who find their names missing from the final NRC Key provisions of the Citizenship Amendment Act will not immediately be termed "foreigners" or illegal immigrants. (CAA), 2019 • Such people will be allowed to register protests • The amendment provides that illegal migrants with the Foreigners Tribunal. They can approach who fulfil four conditions will not be treated the High Court or even the Supreme Court for as illegal migrants under the Act. The further appeal in the matter. conditions are: • The State government will also provide legal aid to o they are Hindus, Sikhs, Buddhists, Jains, the poor who find their names missing from the Parsis or Christians list. o they are from Afghanistan, Bangladesh or • Under the Foreigners Act of 1946, the burden of proving whether an individual is a citizen or not, Pakistan lies upon the individual applicant and not on the o they entered India on or before December state. 31, 2014they are not in certain tribal areas • Doubtful or D-voters are those who are of Assam, Meghalaya, Mizoram, or Tripura disenfranchised by the government on the account included in the Sixth Schedule to the of their alleged lack of proper citizenship Constitution, or areas under the “Inner credentials and their inclusion will depend on Line” permit, i.e., Arunachal Pradesh, decision of the Foreigners Tribunal. Mizoram, and Nagaland.

Related News ✓ These tribal areas include Karbi Anglong (in Assam), Garo Hills (in Recently, Foreigners (Tribunals) Order, 1964 was amended to empower district magistrates in all States Meghalaya), Chakma District (in and Union Territories to set up Foreigners tribunals. Mizoram), and Tripura Tribal Areas About Foreigners tribunals District. • All legal proceedings against above category • These were established through Foreigners (Tribunal) Order, 1964 of Ministry of Home Affairs of migrants in respect of their illegal under Foreigners Act, 1946. migration or citizenship will be closed. • They were setup to decide whether a person • The period of naturalisation has been staying illegally in India is a foreigner or not as per reduced from 11 years to 5 years for above Foreigners Act. category of migrants. • Recent amended order, also empowers individuals o The 1955 Act allows a person to apply for to approach the Tribunals. Earlier, only the State citizenship by naturalisation, if the person administration could move the Tribunal against a meets certain qualifications. One of the suspect. qualifications is that the person must have 6.5.2. CITIZENSHIP AMENDMENT ACT resided in India or been in central government service for the last 12 months Why in News? and at least 11 years of the preceding 14 years. Citizenship Amendment Act (CAA), 2019 was • Grounds for cancelling OCI registration: The recently enacted by the Parliament that seeks to amendment provides that the central amend the Citizenship Act, 1955. government may cancel registration of OCIs, if Background the OCI has violated Citizenship Act or any • Article 11 of constitution empowers other law so notified by the central Parliament to make any provision with government. Also, the cardholder has to be respect to the acquisition and termination of given an opportunity to be heard. o citizenship and all other matters relating to The Act provides that the central citizenship. government may cancel registration of OCIs on five grounds including • Citizenship (Amendment) Act, 2003 provided registration through fraud, showing that ‘illegal migrants’ will not be eligible to disaffection to the Constitution, apply for citizenship by either registration or engaging with the enemy during war, naturalisation. necessity in the interest of sovereignty of • Section 2(1)(b) of Citizenship Act, 1955 defines India, security of state or public interest, illegal migrant as a foreigner who: or if within five years of registration the o enters the country without valid travel OCI has been sentenced to imprisonment documents, like a passport and visa or for two years or more. 38 8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW | CHANDIGARH

The Citizenship Act, 1955 and STs, denial of economic, democratic and social • It provides for acquisition of citizenship by birth, rights, discrimination, exploitation and abuse of descent, registration, naturalization and by the legal process, etc. incorporation of territory into India. • The Act is implemented by the respective State • The Act prohibits illegal migrants from acquiring Governments and Union Territory Indian citizenship. It defines an illegal migrant as a Administrations, which are provided due central foreigner: (i) who enters India without a valid assistance under the Centrally Sponsored Scheme passport or travel documents, or (ii) stays beyond for effective implementation of the provisions of the permitted time. the Act. • It regulates registration of Overseas Citizen of • The act was amended in 2016 to add new offences India Cardholders (OCIs), and their rights. to atrocities such as garlanding with footwears etc., addition of chapter on the ‘Rights of Victims 6.7. SCHEDULED CASTES AND and Witnesses’, defining ‘willful negligence’ of public servants clearly and addition of presumption TRIBES (PREVENTION OF of offence. ATROCITIES) ACT 6.8. AADHAAR REPORT Why in news? Recently, Supreme Court upheld the amendments Why in news? made by government in the Scheduled Castes and A report by consulting firm Dalberg, - ‘State of the Scheduled Tribes (Prevention of Atrocities) Aadhaar- A People’s Perspective’ report was Act, 1989. released. The amendments were About Aadhaar • Bar against anticipatory bail under Scheduled • Aadhaar is a verifiable 12-digit identification Castes and Tribes (Prevention of Atrocities number issued by the Unique Identification POA) Act, 1989. Authority of India (UIDAI) to the resident of • New section 18A was inserted which does India. away with requirements of undertaking o UIDAI, is a statutory authority established preliminary inquiry and of procuring under the provisions of Aadhaar Act 2016, approval prior to making an arrest. under the Ministry of Electronics & • In cases under the Atrocities Act, no Information Technology. procedure other than that specified under • Aadhaar collects only four pieces of personal the Act and Cr. P. C. shall apply. information – name, age, gender and address • Supreme court upheld these amendments, – along with biometric data. recalling its earlier judgement in Subhash • In addition, Aadhaar has created new features Kashinath Mahajan vs State of Maharashtra such as virtual IDs that help protect an case where SC diluted the Scheduled Castes individual’s privacy. and Tribes (Prevention of Atrocities POA) Act, • An important objective of Aadhaar has been 1989. to improve the ability of the state to provide Scheduled Castes and Tribes (Prevention of Atrocities) efficient, transparent and targeted delivery Act, 1989 (PoA Act in 1989.) of welfare services to a large number of • In 1955, the Protection of Civil Rights Act was residents who depend on it. enacted to protect the fundamental and socio- economic, political, and cultural rights of SCs and Some Fact Findings STs. It was later replaced with PoA Act in 1989. • 95% of adults have Aadhaar and 75% of children • It is an Act to prevent the commission of offences have Aadhaar. of atrocities against SC/STs by persons other than • 8% of people do not have Aadhaar– or an SC/ST against SC/ST. estimated 102 million people. • It is made in furtherance of the provisions for • 80% of beneficiaries feel Aadhaar has made PDS abolition of untouchability (Article 17) and equality rations, MGNREGS and social pensions more (Articles 14, 15). reliable. • It establishes for Special Courts for the trial of such offences and for the relief and rehabilitation 6.8.1 AADHAAR AND OTHER LAWS of the victims of such offences. (AMENDMENT) ACT, 2019 • It authorises the Central Government to frame rules for carrying out the purpose of the Act. Why in news? • The Act lists 22 offences relating to various Aadhaar and Other Laws (Amendment) Act, 2019 patterns of behaviours inflicting criminal offences was passed by Parliament to replace an ordinance for shattering the self-respect and esteem of SCs promulgated in March 2019.

Key features of the Act • Aadhaar number of children: At the time of • Offline verification of Aadhaar number enrolling a child to obtain an Aadhaar number, holder: It allows ‘offline verification’ of an the enrolling agency shall seek the consent of individual’s identity, without authentication, his parent or guardian. After attaining through modes specified by the Unique eighteen years of age, the child may apply for Identification Authority of India (UIDAI) by cancellation of his Aadhaar. regulations. • Disclosure of information in certain • Voluntary use: An individual may voluntarily cases: Allows disclosure only for orders by use his Aadhaar number to establish his High Courts (or above). identity, by authentication or offline o Directions for disclosing information in verification. Authentication of an individual’s the interest of national security cannot identity via Aadhaar, for the provision of any be made by officers below the rank of a service, may be made mandatory only by a Secretary. law of Parliament. • UIDAI Fund: Creates the Unique Identification • Amends the Telegraph Act, 1885 and the Authority of India Fund. All fees, grants, and Prevention of Money Laundering Act, 2002 to charges received by the UIDAI shall be state that persons with a license to maintain a credited to this fund. The fund shall be used telegraph, banking companies and financial for expenses of the UIDAI, including salaries institutions may verify the identity of their and allowances of its employees. clients by authentication or offline • Complaints: Allows individual to register verification of Aadhaar, among other things. complaints in certain cases, including o The client has the choice to use either impersonation or disclosure of their identity. mode to verify his identity and no person • Defines the Aadhaar ecosystem to include shall be denied any service for not having enrolling agencies, requesting agencies, and an Aadhaar number. offline verification-seeking entities. • Entities using Aadhaar: An entity may be • Penalties: UIDAI may initiate a complaint allowed to perform authentication through against an entity in the Aadhaar ecosystem for Aadhaar, if the UIDAI is satisfied that it is: (i) failure to (i) comply with the Act or the compliant with certain standards of privacy UIDAI’s directions, and (ii) furnish information and security, or (ii) permitted by law, or (iii) required by the UIDAI. The Telecom Disputes seeking authentication for a purpose specified Settlement and Appellate Tribunal shall be by the central government in the interest of the appellate authority against decisions of the State. the Adjudicating Officer.

7. IMPORTANT CONSTITUTIONAL/ STATUTORY/ EXECUTIVE BODIES IN NEWS 7.1. COMPTROLLER AND o Consolidated Fund of India, Contingency Fund of India and the Public Account of AUDITOR GENERAL OF INDIA India o Consolidated fund of each state and Why in news? Consolidated fund of each union territory The Supreme Court’s observations in connection having a Legislative Assembly. with the Rafale fighter aircraft deal by citing the o Contingency fund of each state and the Comptroller and Auditor General of India’s (CAG’s) public account of each state. report on redacted pricing brought back into the • CAG audits the receipts and expenditure of spotlight the role of the supreme audit institution the: of India. o All bodies and authorities substantially financed from the Central or state Redaction is the selection or adaption by ‘obscuring or removing sensitive information’ from a document revenues; prior to publication. Consequently, the full commercial o Government companies; and details were withheld and the figures on the o Other corporations and bodies, when so procurement deal were blackened in the report. required by related laws. • The CAG submits three audit reports to the About Comptroller and Auditor General of India President (CAG) o audit report on appropriation accounts, • Article 148 provides for an independent office o audit report on finance accounts, of the CAG. He is the head of the Indian Audit o audit report on public undertakings. and Accounts Department. • CAG acts as a guide, friend and philosopher of • CAG is appointed by the President of India. the Public Accounts Committee of the • She holds office for a period of six years or up Parliament. to the age of 65 years, whichever is earlier. • She can resign any time from her office by 7.2. LOKPAL addressing the resignation letter to the president. Why in news? • She can be removed by the president on Recent RTI enquiry revealed that Key provisions of same grounds and in the same manner as a Lokpal yet to be operationalised, after more than judge of the Supreme Court. (On the basis of a 5 years of passing the Lokpal Act. resolution passed to that effect by both the About Lokpal Houses of Parliament with special majority, either on the ground of proved misbehaviour • Lokpal and Lokayukta Act, 2013 establishes or incapacity.) Lokpal for the Union and Lokayukta for • She is not eligible for further office, either States to inquire into allegations of corruption under the Government of India or of any against certain public functionaries. state, after she ceases to hold his office. • Composition: Lokpal will consist of a • Administrative expenses of the office of CAG, chairperson and a maximum of eight including all salaries, allowances and pensions members, of which 50% shall be judicial are charged upon the Consolidated Fund of members and 50% shall be from SC/ST/OBCs, India and not subject to vote. minorities and women. • Appointment process: It is a two-stage Duties and powers of CAG process. • Under Article 149, the Constitution empowers o A search committee which recommends a the Parliament to prescribe the duties and panel of names to the high-power powers of the CAG and accordingly the CAG’s selection committee. (Duties, Powers and Conditions of Service) o The selection committee comprises the Act, 1971 was enacted. Prime Minister, the Speaker of the Lok • CAG audits the accounts related to all Sabha, the Leader of the Opposition, the expenditure from the following: Chief Justice of India (or his nominee) and an eminent jurist (nominated by President 41 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW | CHANDIGARH 8468022022

based on the recommendation of other • Confiscation of property: The act also members of the panel). incorporates provisions for attachment and o President will appoint the recommended confiscation of property acquired by corrupt names. means, even while prosecution is pending. • Jurisdiction: The jurisdiction of Lokpal • The administrative expenses of the Lokpal, extends to including all salaries, allowances and pensions o Anyone who is or has been Prime of the Chairperson, Members or Secretary or Minister, or a Minister in the Union other officers or staff of the Lokpal, will be government, or a Member of Parliament, charged upon the Consolidated Fund of India as well as officials of the Union and any fees or other money taken by the government under Groups A, B, C and D. Lokpal shall form part of that Fund. o The chairpersons, members, officers and • Suspension, removal of Chairperson and directors of any board, corporation, member of Lokpal: The Chairperson or any society, trust or autonomous body either Member shall be removed from his office by established by an Act of Parliament or order of the President on grounds of wholly or partly funded by the Centre. misbehaviour after the Supreme Court o Any society or trust or body that receives report. For that a petition has to be signed by foreign contribution above ₹10 lakh. at least one hundred Members of Parliament. • Exception for Prime Minister • Special Court shall be setup to hear and o It does not allow a Lokpal inquiry if the decide the cases referred by the Lokpal. allegation against the PM relates to international relations, external and 7.3. LAW COMMISSION OF INDIA internal security, public order, atomic energy and space. Why in news? o Complaints against the PM are not to be Recently, the Union Cabinet approved the probed unless the full Lokpal bench creation of the 22nd Law Commission, with a term considers the initiation of inquiry and at of three years. least 2/3rds of the members approve it. o Such an inquiry against the PM (if About the Law Commission conducted) is to be held in camera and if • The Law Commission is a non-statutory body the Lokpal comes to the conclusion that constituted by the GoI, every three years. the complaint deserves to be dismissed, • Its major function is to work for legal reform the records of the inquiry are not to be and works as an advisory body to the Ministry published or made available to anyone. of Law and Justice. • Salaries, allowances and service conditions of • The first Law Commission was established the Lokpal chairperson will be the same as during the British era in 1834 by the Charter those for the Chief Justice of India; those for Act of 1833 and was presided over by Lord other members will be the same as those for a Macaulay. judge of the Supreme Court. o However, the first Law Commission of • Inquiry wing and prosecution wing: Inquiry Independent India was constituted in Wing for conducting preliminary inquiry and 1955 with Mr. M. C. Setalvad, as its Prosecution Wing for the purpose of Chairman. prosecution of public servants in relation to • It has so far submitted 277 reports. any complaint by the Lokpal under this Act. nd • Power with respect to CBI: Power of About the 22 Law Commission superintendence and direction over any • Composition o a full-time Chairperson (usually who is a retired investigation agency including CBI for cases Supreme Court judge or Chief Justice of a High referred to them by Lokpal. Transfer of Court); officers of CBI investigating cases referred by o four full-time Members (including Member- Lokpal would need approval of Lokpal. Secretary) • Timelines for enquiry, investigation: Act o Secretary, Department of Legal Affairs as ex- specifies a time limit of 60 days for officio Member; completion of inquiry and 6 months for o Secretary, Legislative Department as ex officio completion of investigation by the CBI. This Member; and period of 6 months can be extended by the o not more than five part-time Members. • Lokpal on a written request from CBI. Terms of reference, include o identify laws which are no longer needed or 42 8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW | CHANDIGARH

relevant and can be immediately repealed; About NCRB o examine the existing laws in the light of • NCRB was set-up in 1986 to function as a Directive Principles of State Policy and suggest repository of information on crime and ways of improvement and reform. criminals so as to assist the investigators in o consider and convey to the Government its linking crime to the perpetrators. views on any subject relating to law and judicial administration that may be specifically • It was setup based on the recommendations referred to it by the Government through of the National Police Commission (1977-1981) Ministry of Law and Justice. and the MHA’s Task force (1985). It has been setup as an attached office of Ministry of 7.4. CENTRAL VIGILANCE Home Affairs. COMMISSIONER • It acts as the National storehouse of fingerprint (FP) records of convicted persons Why in news? including FP records of foreign criminals. • It releases Prison statistics of India. Recently, a committee headed by Prime Minister selected new Central Vigilance Commissioner Some trends (CVC). • Increase in crimes against women from during 2016-17, topped by Uttar Pradesh. About Central Vigilance Commission • Cybercrimes increased by 77% in 2017 from 2016. • • CVC is the main agency for preventing Decrease in number of prisons from 2015 to 2017. • Overcrowding in Jails, with Uttar Pradesh facing corruption in the Central Government. the steepest problem of overcrowding • It was established in 1964 by an executive • Increase in undertrial Prisoners during 2015-17. resolution of the central Government on the recommendation of Santhanam Committee on Prevention of Corruption (1962-64). In 7.6. CONTROLLER GENERAL OF 2003, it got conferred with statutory status. ACCOUNTS • The CVC is a multimember body consisting of a Central Vigilance Commissioner and not Why in news? more than two Vigilance Commissioners. Recently new Controller General of Accounts • They are appointed by the President by (CGA) was appointed. warrant under his hand and seal on the recommendation of a three-member About CGA committee consisting of a Prime Minister at • CGA works under Department of its head, Union Minister of Home Affairs and Expenditure, Ministry of Finance. Leader of Opposition in the Lok Sabha. • It functions as Principal Advisor on • They hold office for a term of four years or Accounting matters to the until the age of sixty-five years, whichever is Union Government earlier. • It is not a constitutional body, but it derives • After their tenure they are not eligible for its mandate and exercises the powers of the further employment under the Central or President from Article 150 of the constitution. State government. • Article 150 states that, the accounts of the • President can remove CVC from the office Union and of the States shall be kept in such under certain circumstances form as prescribed by the President on the • The salary, allowances and other service advice of the Comptroller and Auditor- conditions are similar to those of members of General. UPSC. They cannot be varied to his • Allocation of Business Rules 1961 brings out disadvantage during service. the duties and responsibilities of CGA, which include the following: 7.5. NATIONAL CRIME RECORDS o It administers the process of payments, BUREAU receipts and accounting in Central Ministries. Why in News? o Prepares, consolidates and submits the National Crime Records Bureau (NCRB), recently monthly and annual accounts of the released crime data for 2017. Central Government.

o It is responsible for maintaining the About Competition Commission of India requisite technical standards of • It is a statutory body established under the Accounting. Competition Act, 2002. o It is responsible for coordination and • Objectives of the Commission: monitoring the progress of submission of o To prevent practices having adverse corrective action taken on the effect on competition. recommendations contained in Public o To promote and sustain competition in Accounts Committee ‘s (PAC) and the CAG markets. reports. o To protect the interests of consumers and • CGA does the Cadre management of Group A o To ensure freedom of trade (Indian Civil Accounts Service) and Group B • Competition Act, 2002, stipulates that the CCI Officers of the Central Civil Accounts Offices. would comprise a chairperson and not less 7.7. COMPETITION COMMISSION than two and not more than six members. • Commission has regulatory and quasi-judicial OF INDIA powers. It has suo-moto power to enquire about an anti-competitive agreement. Why in news? • It is required to give opinion to the Central In 2019, Competition Commission of India Government on matters relating to completed 10 years since its inception. Competition Policies, but such opinion is not binding on the Central Government.

8. IMPORTANT ASPECTS OF GOVERNANCE 8.1. PREVENTION OF CORRUPTION (AMENDMENT) ACT 2018 Why in news? • Recently, Department of Personnel and Training (DoPT) issued guideline under Prevention of Corruption (Amendment) Act, 2018 which replaced Prevention of Corruption Act 1988. • Guidelines specify that in case of disagreement between disciplinary authority (any central government department) and the CVC in cases of granting the prosecution sanction, it shall be referred to DOPT, which is headed by Prime Minister, for final advice.

Key provisions of Prevention of Corruption (Amendment) Act, 2018

About Prevention of Corruption Act 1988 • The ‘public servant’ as per the definition includes any person in service of a government and in the pay of the government, or its department, its companies or any undertaking or control of the government. • The act shifted the burden of proof from prosecution to the accused. • MPs and MLAs have been kept out of this act. • If the offences against the public servant have been proved, it is punishable with imprisonment of not less than six months which may extend upto five years. • Under this Act special judges were to be appointed by the Central and State Government.

8.2. IPC AND CRPC

Why in news? Recently, the Union Ministry asked all state governments to send their suggestions for a major overhaul and recasting of the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC). About IPC and CrPC • IPC determines the definition of crime, while the CRPC informs about the criminal investigations process

• Indian Penal Code: It is the official criminal 8.4. E-GOVERNANCE INITIATIVES code of India. o It is a comprehensive code intended to Initiative Features cover all substantive aspects of criminal National e- • It is an Independent Business law. Governance Division established by o The code was drafted in 1860 on the Division (NeGD) Ministry of Electronics and recommendations of first law Information Technology to commission of India. undertake Programme • CrPC is the main legislation on procedure for Management of National e- Governance Plan (NeGP). administration of substantive criminal law in • It is expected to support India. central o It was enacted in 1973, though initially ministries/departments/state created in 1882. governments in propagation o It provides the machinery for the of their e-Governance investigation of crime, apprehension of initiatives. suspected criminals, collection • NeGP is an initiative of the of evidence, determination of guilt or Government to make all innocence of the accused person and the government services available determination of punishment of the to the citizens of India via guilty. electronic media. PRAGATI (Pro- • It is an integrating and • Bureau of Police Research and Development Active interactive platform. (BPRD) will undertake review of the laws such Governance and • The platform is aimed at as IPC, CrPC, Indian Evidence Act and Narcotic Timely addressing common man’s Drugs and Psychotropic Substances Act. Implementation) grievances, and o BPRD under Ministry of Home Affairs was simultaneously monitoring set up in 1970 in furtherance of the and reviewing important objective of the Government for the programmes and projects of modernisation of police forces. the central as well as State Governments. 8.3. INDIA ENTERPRISE • It is a 3-tier system (PMO, Union Govt. Secretaries, and ARCHITECTURE (INDEA) Chief Secretaries of the FRAMEWORK States). • It bundles three technologies: Why in News? Digital data management, video-conferencing and geo- Shillong Declaration on e-governance adopted at spatial technology. nd the 22 National Conference on e-Governance • Recently, Prime Minister (NCeG) talked about India Enterprise Architecture chaired PRAGATI meeting. (IndEA). Government • It is an Indian equivalent of What is India Enterprise Architecture? Instant popular messaging platforms, • IndEA, is a framework for developing a Messaging such as WhatsApp which will holistic architecture treating the Government System (GIMS) be used by Central and State as a single enterprise which are functionally government departments and organisations for intra and inter-related. inter organisation • IndEA provides a generic framework, communications. comprising a set of architecture reference • It is designed and developed models, which can be converted into an by National Informatics integrated architecture, Centre (NIC). • With IndEA, there will be one personalised • It is considered safer as it has account for each individual and he or she can been developed in India. The avail all government services from that server hosting it is installed account. This shall eliminate the need to visit within the country and the information stored would be separate sites and have separate logins on in government-based cloud — them to access government services. NIC-operated data centers. • There are also provisions for documents and media

sharing. • It provides a storage space of Bhuvan • It has been developed by up to 1GB to each account Panchayat V 3.0 National Remote Sensing holder. Centre of ISRO. • On user's death, all documents • It is a user-friendly web Geo uploaded on digilocker would portal under ISRO’s SISDP not be accessible by his kin and project (Space Based would automatically pass on to Information Support for government. Decentralised Planning) for National E- • First-ever national e-service better planning and Service Delivery delivery assessment (NeSDA) monitoring of government Assessment rankings were released by projects. Department of administrative • It will provide geo-spatial reforms and public services to aid gram grievances. panchayat development • It primarily assesses all planning process of Ministry State/UT and Central Ministry of Panchayati Raj. service portals on 7 key • It aids database visualization, parameters: Accessibility, data analytics, generation of Content Availability, Ease of automatic reports, model Use, Information Security & based products and services Privacy, End service Delivery, for the benefit of Gram Integrated Service Delivery Panchayat members and and Status & Request other stake holders such as Tracking. PRIs and the public. • Framework covers six sectors, • For the first time, thematic viz. Finance, Labour & database on high scale for the Employment, Education, Local entire country is available with Government & Utilities, Social high integrated High Welfare (including Agriculture Resolution satellite data for & Health) and Environment planning. (including Fire) sectors. • Bhuvan, is the national Geo- Portal Santusht • The objective of ‘Santusht’ is portal developed and hosted to promote transparency, by ISRO comprising of Geo accountability, effective Spatial Data, Services and delivery of public services and Tools for Analysis. implementation of policies, Consumer App • Recently, the government schemes of Ministry of Labour launched a Consumer App that and Employment at grassroot would help consumers level through constant register their grievances monitoring. online as well as give ASKDISHA • It is an Artificial Intelligence suggestions on consumer- Chatbot based chatbot, launched in related issues. 2018 by Indian Railways, to • The complaint status will be resolve queries of railway monitored on a daily basis by passengers over internet the ministry and on a weekly pertaining to various services basis by the Union Minister of offered by IRCTC. Consumer Affairs, Food and • Initially it was launched in Public Distribution. English and now It is upgraded • It will help consumers get to converse in Hindi language. information pertaining to 42 Jan Soochna • Recently, Jan Soochna Portal Sectors including Consumer Portal was launched by the Durables, Electronic Products, Rajasthan State Government. e-commerce, Banking, • The portal has been Insurance, etc. developed by the Department DigiLocker • It is an initiative of Ministry of of Information Technology Electronics and Information and Communication (DoIT&C) Technology. in collaboration with civil • It is a secure cloud- based society and other platform for storage, sharing stakeholders. and verification of documents • It is the first of its kind system & certificates. in the country and has 47 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW | CHANDIGARH 8468022022

information about 23 Composite Ranking of All the States government schemes and services from 13 departments • Big States category: Tamil Nadu has topped on a single platform. followed by Maharashtra, Karnataka, • The initiative is inspired by the Chhattisgarh and Andhra Pradesh. spirit of Section 4 (2) of Right • North-East and Hill States category: Himachal to Information Act, 2005, i.e. Pradesh ranked first, followed by Proactive Disclosure of Uttarakhand, Tripura, Mizoram and Sikkim. Information”. • UTs: Puducherry topped followed by Chandigarh and Delhi. 8.5. GOOD GOVERNANCE INDEX Why in News? Related News ‘Nagpur Resolution: A holistic approach for Recently, Ministry of Personnel, Public Grievances empowering citizens’ was adopted during a regional & Pensions launched ‘Good Governance Index’ on conference on ‘Improving Public Service Delivery – the occasion of Good Governance Day (25th Role of Governments’, in Nagpur. December). • The conference was organised by the Department About Good Governance Index of Administrative Reforms and Public Grievances (Ministry of Personnel, Public Grievances & • Good Governance Index (GGI) is a uniform Pensions), in collaboration with the Government tool across States to assess the Status of of Maharashtra and the Maharashtra State Governance and impact of various Commission for Right to Public Services. interventions taken up by the State • It aims to empower the citizens by policy Government and UTs. interventions for better service delivery through timely updation of citizens charters, • The objectives of GGI are to provide implementation of enactments and benchmarking quantifiable data to compare the state of standards for continuous improvement. governance in all states and UTs. • The GGI takes into consideration ten sectors 8.6. CORRUPTION PERCEPTION as shown in Infographic. INDEX • The states and UTs are divided into three groups: a) Big States, b) North-East & Hill Why in news? States and c) UTs. The latest edition of Corruption perception Index • The states and UTs are ranked on all (CPI) 2019 was released. indicators separately, at the same time composite ranking is also calculated for these About the index states and UTs under their respective groups • It is released by Transparency International based upon these indicators. annually since 1995. • GGI helps to formulate and implement • It ranks 180 countries by their perceived suitable strategies for improving governance levels of public sector corruption. and shift to result oriented approaches and • It uses a scale of zero to 100, where zero is administration. highly corrupt and 100 is very clean. More than two-thirds of countries score below 50 on this year’s CPI, with an average score of just 43. Key Highlights • Denmark and New Zealand are at the top spot, followed by Finland, Singapore, Sweden and Switzerland in the top ten. Somalia is ranked last, preceded by South Sudan and Syria. • India slipped two positions to the 80th rank, while its score remained steady at 41.

Transparency International • It is an international non-governmental organization based in Berlin, Germany, since 1993. • With more than 100 national chapters worldwide, it

works with partners in government, business and About the scheme civil society to put effective measures in place to • Under the scheme the beneficiaries can buy tackle corruption. subsidized food grains from a ration shop in • It also publishes Global Corruption Barometer, and Global Corruption Report. any part of the country. • Ration card Aadhar linkage is must to access 8.7. ONE NATION, ONE RATION the scheme. • A person will only be eligible for the subsidies CARD supported by the centre such as those under Why in News? Nation Food security act, 2013. o Even if a beneficiary moves to a state Recently, central Government has given states where grains are given for free he/she will and Union Territories June 30, 2020 deadline, to not be able to access those benefits. roll out the ‘one nation, one ration card’ system. • A migrant will be allowed to buy maximum of About ration card 50% of the family quota. This is to ensure that • A Ration Card is a document issued under an order the individual, after shifting to another place or authority of the State Government, as per the does not buy the entire family quota in one Public Distribution System, for the purchase of go. essential commodities from fair price shops (FPS). • No new ration cards are being made • State Governments issue distinctive Ration Cards specifically for the 'one nation, one ration to Above Poverty Line, Below Poverty Line and card' scheme. Old ration cards will also remain Antyodaya families and conduct periodical review valid throughout the nation. and checking of Ration Cards. • o Families living below the poverty line are Under the scheme Centre has designed entitled to Blue Cards, under which they can a standard format for ration cards and has avail special subsidies. asked state governments to follow the • It helps save money by aiding in the procurement pattern while issuing new ration cards from of essential commodities at a subsidised rate. now on. • Proof of identification: It has become an Integrated Management of Public Distribution important tool of identification when applying for System” (IM-PDS) Scheme other documents like Domicile Certificate, for • IM-PDS is new central sector scheme, inclusion of your name in the Electoral Rolls, etc. implemented under Ministry of Consumer Affairs, Background Food & Public Distribution. • Partha Mukhopadhyay Working Group on • Objectives Migration in 2017 recommended portability of o Implementation of nation-wide portability in Public Distribution System benefits. food grains distribution. o Creation of national level data repository for • An intra-state access to the Public Distribution de-duplication of beneficiary data (Aadhaar System (PDS) under the Integrated based). Management of Public Distribution System o Use of advanced data analytics techniques to (IMPDS) is already in practice in a few states bring about continuous improvements. like Andhra Pradesh, Gujarat, Haryana etc.

9. MISCELLANEOUS affairs, Freedom Fighters Division, with its Head 9.1. ENEMY PROPERTIES Office at New Delhi and three branch offices at Mumbai, Kolkata and Lucknow. Why in news? • The Custodian is a quasi-judicial Authority under The Centre announced the formation of the Enemy Property Act and a Civil court under the committees and a group of ministers to sell Civil Procedure Court, 1908. enemy properties. 9.2. POLICE COMMISSIONERATE What is Enemy Property SYSTEM • When nations go to war, they often seize the properties in their countries of the citizens Why in news? and corporations of the enemy country. Recently, Uttar Pradesh cabinet approved Properties that are seized under these implementation of the commissioner system of circumstances are referred to as alien policing for the two cities, Lucknow and Noida. properties or enemy properties. • During India-China war in 1962, and India – Commissionerate system and Dual system Pakistan war in 1965 and 1971, Central Dual system Commissionerate system government took over properties of citizens Dual command structure Unified command of China and Pakistan in India under the over the district police structure with the Defence of India Acts. means that control and Commissioner of Police o The responsibility of the administration of direction over the police (rank of the Deputy enemy properties was handed over to the vests with the SP (head Inspector General or Custodian of Enemy Property for India of district police) and above) as the sole head of (CEPI), an office under the Central the District Magistrate the force within the city. government. (executive). • Enemy Property Act, 1968, defines ‘enemy’ as Separation of powers of Powers of policing and a country (and its citizens) that committed the DM (e.g., issues magistracy concentrated arrest warrants and in Commissioner. Directly external aggression against India (i.e., licenses) and the police accountable to state Pakistan and China). (e.g., investigate crimes government and state • The expanded definition of the term “enemy and make arrests). police chief. Lesser subject”, and “enemy firm” under Enemy Therefore, less accountability to the local Property (Amendment and Validation) Act, concentration of power administration. 2017 include the legal heir and successor of an in the police, and • It gives an integrated enemy, whether a citizen of India or a citizen accountability to DM at command structure of a country which is not an enemy; and the the district level. which helps in speedy succeeding firm of an enemy firm, irrespective decision. It helps fix of the nationality of its members or partners. responsibility with the Commissioner and • It prohibits Indian citizens who are legal heirs eliminates blame of enemies from inheriting enemy property game between civil and brings them within the definition of administration and ‘enemy’. police when • CEPI, with prior approval of the central something goes government, may dispose or sale enemy wrong. properties. • It reduces workload of • It prohibits civil courts and other authorities District Magistrate from hearing certain disputes relating to SP is assisted by Commissioner is assisted Additional/Assistant/ by Special/ Joint/ enemy property. Deputy SPs, Inspectors Additional/ Deputy Custodian of Enemy Property for India (CEPI) and constabulary. Commissioners, etc. • The Office of the CEPI was set up in the year 1939 Inspector downwards rank to deal with enemy properties confiscated during structure is the same. World War II. • The legal status to the office was given under Enemy Property Act, 1968. • It works under the aegis of Ministry of Home

9.3. BRU COMMUNITY participation, political culture and civil liberties. Why in news? • Based on the scores (on a scale of 0-10) on a range of indicators within these categories, it Centre, governments of Tripura and Mizoram and classifies a particular country as one of four representatives of Bru tribe signed a new types of regime: agreement to settle the refugee crisis of the o full democracy (22 countries) community. o flawed democracy (54 countries) About Bru community o hybrid regime (37 countries) o authoritarian regime (54 countries) • Bru is a community indigenous to Northeast • Norway topped the index, while North Korea India, living mostly in Tripura, Mizoram and was at the bottom. parts of Southern Assam. • India dropped 10 places in the Democracy • In 1997, following ethic clashes in Mizoram, Index’s global ranking to 51st place. India’s nearly 34,000 Brus fled Mizoram and were overall score fell from 7.23 in 2018 to 6.90 in accommodated in relief camps in Tripura. In 2019. Tripura, they are known as Reang. • Index categorises India under “flawed • According to the new agreement, Bru democracies”. refugees will settle in Tripura and will be given o These are countries that hold free and fair aid to help with their rehabilitation – elections and where basic civil liberties providing each family a small plot of land, are respected, but have significant grant of tribal status, voting rights and a one- weaknesses in aspects of democracy, time financial assistance. such as problems in governance, an • The Mizoram government will be responsible underdeveloped political culture and low for repatriated Bru refugees who were levels of political participation. identified and verified as per the 1997 electoral rolls of Mizoram. 9.5. CENTRAL ADVERSE LIST

Why in news? Recently, Centre has removed names of 312 Sikh foreign nationals from its blacklist/the Central Adverse List. About Central Adverse List • This list is maintained by Ministry of Home Affairs, that contains: o Names of individuals who supported the Khalistan movement in 1980s and 90s but left India to take asylum in foreign countries. o Names of those individuals who are suspected to have links with terrorist outfits or have violated visa norms in their

previous visit to India. 9.4. DEMOCRACY INDEX o Names of those persons who have indulged in criminal activities or have Why in news? been accused of sexual crimes against children in their respective countries. Economist Intelligence Unit (EIU) Democracy • List is used by all Indian Missions and Index provides a snapshot of the state of world Consulates to stop the individuals named in it democracy for 165 independent states and two from entering India. This is done by not territories. granting visa to such persons. It is a step Details taken by the Indian government to maintain internal security. • It is based on electoral process and pluralism, • Used to keep serious offenders outside India functioning of government, political as somebody may commit a crime in his native

nation and then apply for an Indian visa to • The Council is empowered to advise the escape prosecution. Central Government, State Governments and • List is maintained with inputs from all the State Waqf Boards. It can issue directives to state governments, central and state the boards/ State Government to furnish intelligence agencies. information to the Council on the performance of the board particularly on their 9.6. WAQF PROPERTIES financial performance, survey, revenue records, the encroachment of Waqf Why in news? properties, Annual and Audit report, etc. Recently a programme has been launched for 100 per cent geo-tagging and digitalization of Waqf 9.7. PLACES OF WORSHIP properties across the country to ensure these (SPECIAL PROVISIONS) ACT 1991 properties can be utilised for the welfare of the society. Why in news? About Waqf properties Supreme Court in its Ayodhya verdict mentioned Places of Worship (Special Provisions) Act, 1991. • Waqf implies the endowment of property, moveable or immovable, tangible or About Places of Worship (Special Provisions) Act, intangible to God by a Muslim, under the 1991. premise that the transfer will benefit the • The Act declares that the religious character needy. of a place of worship shall continue to be the • It typically involves donating a building, plot same as it was on August 15, 1947. of land or other assets for Muslim religious or • It says no person shall convert any place of charitable purposes with no intention of worship of any religious denomination into reclaiming the assets. one of a different denomination or section. • Waqfs are governed by Waqf Act, 1995. The • It also imposes a positive obligation on the waqf is managed by a mutawali, who acts as a State to maintain the religious character of supervisor. every place of worship as it existed at the • It is similar to a trust established under the time of Independence. Indian Trusts Act, 1882, but trusts can be set • It declares that all suits, appeals or any other up for a broader purpose than religious and proceedings regarding converting the charitable uses. character of a place of worship, which are • Waqf Board is a juristic person with power to pending before any court or authority on acquire and hold property and to transfer any August 15, 1947, will abate as soon as the law such property. The board can sue and be sued comes into force. in a court as it is recognised as a legal entity or • Exemptions provided: Exemption: juristic person. Each state has a Waqf Board. o The disputed site at Ayodhya is Central Waqf Council exempted from the Act. o The Act also does not apply monuments • Central Waqf Council is a statutory body and sites covered by the Ancient under the administrative control of the Monuments and Archaeological Sites and Ministry of Minority Affairs was set up in Remains Act, 1958. 1964 as per the provision in the Waqf Act, • Penalty: Section 6 of the Act prescribes a 1954 as Advisory Body. punishment of maximum three-years • The Council consists of Chairperson, who is imprisonment along with a fine for the Union Minister In-charge of Waqf and contravening the provisions of the Act. such other members, not exceeding 20 in number, as may be appointed by the Government of India. As of now, Union Minister of Minority Affairs is the ex-officio Chairperson of the Central Waqf Council.

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