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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 2 8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW | CHANDIGARH 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 3 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW | CHANDIGARH 8468022022 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
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