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Table of Contents
Polity & Governance ...... 1
1. How child rapes led to four death sentences (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance) ...... 1
2. How India identifies citizens (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance) ...... 2
3. How Parliament has amended anti-graft law (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance) ...... 4
4. How is seniority decided in the SC? (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance) ...... 6
5. How Rajya Sabha elects Deputy Chairperson (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance) ...... 8
6. Reform with some concessions: What SC order means for Cricket Board (Relevant for GS Prelims, GS Mains Paper I; Polity & Governance)) ...... 10
7. Beyond Delhi: how law makes begging a crime (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance) ...... 12
8. In Fact: In call for separate North Karnataka, some old wounds, some new politics (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance) ...... 13
9. How, why Bill proposes to let NRIs nominate proxies to vote on their behalf (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance) ...... 15
10. India and Pakistan: How they differ on key constitutional questions (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance) ...... 17
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11. Naga agreement: three years in the making (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance) ...... 19
12. What a petition on citizenship law could mean to Assam NRC update (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance) ...... 21
13. How Maharashtra law defines dangerous persons (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance) ...... 23
14. Cap on election expenses by parties and candidates: where things stand (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance) ...... 24
15. Why court acquitted two in 1981 Indian Airlines flight hijack case (Relevant for GS Mains Paper II; Polity & Governance) ...... 26
16. India s tightrope walk on Maldives (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance) ...... 27
17. TADA to UAPA, what India s terror laws say (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance) ...... 29
18. Drone regulations: how, where Indians can fly from December 1 onward (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance) ...... 30
International Organizations and Relations ...... 32
1. Import of dual-use tech from US: Dual use, multiple benefits (Relevant for GS Prelims, GS Mains Paper II; IOBR) ...... 32 2. Hope in Harare? — on victory in Zimbabwe elections (Relevant for GS Prelims, GS Mains Paper II; IOBR) ...... 34 3. What lies behind India s Africa outreach? (Relevant for GS Prelims, GS Mains Paper II; IOBR) ...... 35 4. Re-imposed US sanctions on Iran kick in — what they are, what it means (Relevant for GS Prelims, GS Mains Paper II; IOBR) ...... 36
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5. Why Antigua and Barbuda for citizenship? (Relevant for GS prelims, GS Mains II; IOBR) .. 38 6. On road to Mandalay, beyond (Relevant for GS Prelims, GS Mains Paper II; IOBR) ...... 41 7. India-Pakistan trade: status, outlook (Relevant for GS Prelims, GS Mains Paper II; IOBR) 44 8. India-Pakistan, cricket and politics (Relevant for GS Prelims, GS Mains Paper II; IOBR) .... 46 9. Kerala floods: Why India turned down UAE offer — a 2004 policy, its symbolic signal (Relevant for GS Prelims, GS Mains Paper II; IOBR) ...... 49 10. A year after Doklam face-off (Relevant for GS Prelims, GS Mains Paper II; IOBR)...... 52
Geography ...... 56
1. Bermuda Triangle mystery solved? Experts claim 100-feet rogue waves behind disappearances (Adapted from GS Prelims, GS Mains Paper I; Geography) ...... 56 2. What a liquid water lake reveals and conceals about Mars (Relevant for GS Prelims, GS Mains Paper I; Geography) ...... 57 3. Why, for only third time, Idukki dam is open (Relevant for GS Prelims, GS Mains Paper I; geography) ...... 59
Economics ...... 61
1. Online shopping set to change (Relevant for GS Prelims, GS Mains Paper III; Economics) . 61 2. Position of India s forex reserves (Relevant for GS Prelims, GS Mains Paper III; Economics) ...... 62 3. Why a currency war is a worry (Relevant for GS Prelims, GS Mains Paper III; Economics) 63 4. What makes an airport fit for night landing: lighting, landing guidance (Relevant for GS Prelims, GS Mains Paper III; Economics) ...... 65
5. Politics and economics: The rupee s Turkish worries ...... 67
6. The data that's making growth under Manmohan Singh look so good (Relevant for GS Prelims, GS Mains Paper III; Economics) ...... 71
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7. Why a few hold most mutual funds assets (Relevant for GS Prelims, GS Mains Paper III; Economics) ...... 72
Environment ...... 76
1. How do roads impact wildlife, and why should anyone bother? (GS Prelims, GS Mains Paper III; Environment & Biodiversity) ...... 76 2. What is a national disaster ? (Relevant for GS Prelims, GS Mains Paper III; Internal Security & Disaster Management) ...... 78 3. Kerala floods: The prescriptions for the Western Ghats (Relevant for GS Prelims, GS Mains Paper III; Environment & Biodiversity) ...... 80 4. Cyclone Warning Centre to be set up in Thiruvananthapuram within a month (Relevant for GS Prelims; Disaster Management) ...... 84
Science & Technology ...... 84
1. Research, training needed: Why snakebites remain a burden for India (Relevant for GS Prelims, GS Mains Paper III; Science & Technology) ...... 84 2. How mosquito vs mosquito can fight dengue (Relevant for GS Prelims, GS Mains Paper III; Science & Technology) ...... 86 3. Clampdown on oxytocin: why, what now (Relevant for GS Prelims, GS Mains Paper III; Science & Technology) ...... 87 4. Gaganyan: How to send an Indian into space (Relevant for GS Prelims, GS Mains Paper III; Science & Technology) ...... 89 5. What Cosmos Bank s Rs 94 crore online fraud says of bank security (Read only for understanding, Science & Technology) ...... 92 6. How Chandrayaan-1 helped confirm and reconfirm water on the Moon (Relevant for GS Prelims, GS mains Paper III; Science & Technology) ...... 93
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7. Why biofuel for aircraft holds out promise, but isn t ready to fly yet (Relevant for GS Prelims, GS Mains Paper III; Science & Technology) ...... 95 8. How Johnson and Johnson hip implants system went wrong (Relevant for GS Prelims, GS Mains Paper III; Science & Technology)...... 97
Social Issues ...... 102
1. Who are Dhangars, why demand for ST status is a challenge for Maharashtra (Relevant for GS Prelims, GS Mains Paper I; Social Issues) ...... 102 2. Indians online: One in five harassed, here is how, why (Relevant for GS Mains Paper I; Social Issues) ...... 103 3. In the running of children s homes, the rules that apply — or do not (Relevant for GS Mains Paper II; Social Issues) ...... 105 4. What is Sikh pilgrim corridor to Pakistan (Relevant for GS Prelims, GS Mains Paper I; Social Issues) ...... 107
Miscellaneous ...... 110
1. Maths that won Fields Medal: number theory diversified, optimal transport (Relevant for GS Prelims) ...... 110
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Polity and Governance
1. How child rapes led to four death sentences (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance)
Change in criminal law? In the three months since April 21, when the government promulgated the Criminal Law (Amendment) Ordinance providing for the death penalty for the rape of girls below age 12 the Ordinance has been replaced by the Criminal Law (Amendment) Bill, 2018, passed by Lok Sabha courts in at least two states have already sentenced four convicts to death under— the provisions of the Ordinance. — Corresponding state laws These states are Madhya Pradesh and Rajasthan, both of which had also passed their own laws with the same provision. Their Bills were pending central clearance when the Ordinance took effect. Haryana and Arunachal Pradesh, too, had passed similar laws providing for the death sentence for the rape of girls below age 12.
The Madhya Pradesh Assembly unanimously passed its Dand Vidhi (Madhya Pradesh Sanshodhan) Vidheyak on December 4, 2017, proposing amendments to sections of the IPC and CrPC, and was waiting for the President s assent when the Centre passed the Ordinance. The Rajasthan government had passed its Criminal Laws (Rajasthan Amendment) Bill in March. It introduced sections 376AA (rape for girls up to age 12) and 376DD (gangrape for girls up to age 12), with both offences punishable with death.
On July 21, special judge Jagendra Kumar Agarwal of Alwar s SC/ST court convicted Pintu, 19, for raping a seven-month-old child on May 9 this year, and sentenced him to death under Section 376AB of the central Ordinance.
Haryana and Arunachal Pradesh too had passed their Bills in March, with similar provisions. After the Ordinance came, Haryana informed the Centre that the state was adopting the law, DGP B S Sandhu said.
Application of new law This month, courts in the state have passed two death sentences under provisions of the Ordinance. On July 7, a court in Rehli of Sagar district sentenced Bhaggi alias Narayan Patel, 40, to death for the rape of a nine-year-old child in a temple on May 21. Bhaggi was arrested on May 22, and the chargesheet was filed within 72 hours.
On July 27, Rajkumar Kol, 35, an autorickshaw driver, was sentenced to death by a POCSO court for the rape of a kindergarten student in Katni town. She had told her mother that the auto wale bhaiyya had kissed her, penetrated her with his finger, beaten her, and asked not to disclose it to anyone. Kol, who drove the six-year-old girl to school, was arrested on Website: www.prepmate.in Telegram Channel: @upscprepmate Prepmate Cengage Books Preview: https://prepmate.in/books/ Youtube channel: PrepMate Edutech For updates on WhatsApp, share your name & city on WhatsApp No. 75978-30000
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July 7, and the chargesheet was filed on July 18. He was sentenced to death under IPC section 376 AB, introduced by way of the amendment.
Also on July 27, Jitendra Kushwah, an ice candy vendor, was given a double death sentence by a Gwalior court for raping and killing a six-year-old girl he had lured from a wedding hall in the intervening night of June 20 and 21. He was arrested on June 22, the chargesheet was filed 10 days later. The double death sentence was handed under sections 376AB as well as 302.
Besides these, there have been four more death sentences in rape cases in Madhya Pradesh this year. Two verdicts came before the Ordinance came into effect. While the other two came after the Ordinance, they related to rapes that predated the Ordinance.
(Adapted from The Indian Express)
2. How India identifies citizens (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance)
The issue of citizenship has been dominating the public discourse since Monday, when Assam released the draft of an updated National Register of Citizens (NRC) leaving out 40 lakh of 3.29 crore applicants for inclusion. What determines who is or is not a citizen of India? And what are the special circumstances in Assam, the only state with an NRC?
How is citizenship determined in India? Indian citizenship can be acquired by birth, descent, registration and naturalisation. A person domiciled in India as on November 26, 1949 the date when the Constituent Assembly adopted the Constitution automatically became a citizen if he or either of his parents was born in India, or if he had been in India for at— least five years until that date. — For those born in India after the Constitution came into effect, the Citizenship Act, 1955, grants citizenship by birth based on birth dates. Anyone born between January 26, 1950 and July 1, 1987 is a citizen by birth; a person between July 1, 1987 and December 3, 2004 is a citizen by birth if either of his parents is a citizen of India at the time; those born on or after December 3, 2004 is a citizen by birth if both parents are citizens of India at the time, or if one parent is a citizen and the other is not an illegal migrant defined as a foreigner who entered India without valid documents, or stayed beyond the allowed period — Citizenship by registration can be acquired by persons of Indian origin who have lived in India for 7 years before applying, persons of Indian origin who live in any country outside undivided India, persons married to a citizen of India and who have lived in India for 7 years before the application. Any minor child can be registered as a citizen if the government is satisfied that there are special circumstances.
Is it possible for a foreigner with no connection to India (marriage, descent etc) to become a citizen of India ?
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This is citizenship by naturalisation. Any foreigner, provided he is not an illegal migrant, can acquire citizenship, provided he has stayed in India for 12 consecutive months preceding the date of application, and for 11 years out of the preceding the 14 years.
Is citizenship permanent? Under Section 9(1) of the 1955 Act, a person ceases to be a citizen if he or she voluntarily acquires the citizenship of another country or renounces Indian citizenship. India does not allow dual citizenship. Under Section 10, anyone who has become a citizen of India by naturalization or by registration due to marriage to an Indian citizen can be deprived of the citizenship by the Home Ministry for certain reasons.
How is Assam different? Why a separate National Register of Citizens? This is because of a history of migration. During British rule, Assam was merged with Bengal Presidency for administrative purpose. From 1826 to 1947, the British continuously brought migrant workers to Assam for cheap labour in tea plantations. Two major waves of migration came after British rule first after Partition, from East Pakistan (now Bangladesh), and then in the aftermath of the liberation of Bangladesh in 1971. This eventually led to an agitation during— 1979-85, led by the All Assam Students Union. It culminated in the 1985 Assam Accord signed with the Rajiv Gandhi government, under which illegal migrants were to be identified and deported. Clause 6A was inserted in the Citizenship Act with special provisions for Assam.
What are those provisions? These take into account two cutoff dates January 1, 1966 and March 25, 1971. Anyone who was a resident of Assam before the first date is a citizen. Migrants who entered on any day between these two dates, and remained— there, would need to register with a Foreigners Tribunal. For 10 years, they would have all rights of a citizen except the right to vote, which would be granted at the end of 10 years. Finally, migrants who entered Assam on or after March 25, 1971, are not eligible for citizenship.
Is this not the cutoff date for NRC, too? Yes. For inclusion, applicants need to prove that they or their parents, grandparents etc were citizens before March 25, 1971. Those who could not prove this, as well as their offspring, have been excluded. Assam already has an —NRC, prepared in 1951 with 80 lakh citizens,— on the basis of that year s Census. In 2003, the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules were amended for updating the NRC in order to identify genuine citizens.
What was the mechanism for identifying migrants earlier? When Indira Gandhi was Prime Minister, the government introduced the Illegal Migrants (Determination by Tribunal) Act, applicable only to Assam. Against the Foreigners Act that was in force elsewhere, the IMDT Act was seen as ineffective as the burden of proof of someone being a foreigner was on the accuser and not on the state or the accused. In 2005, the Supreme Court struck down IMDT Act on a petition filed by Sarbananda Sonowal, then an AGP leader, now Assam Chief Minister and a BJP leader.
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Before the NRC update, Assam was witnessing protests over the Citizenship Amendment Bill. What was this about? In 2016, the Centre introduced amendments to the Citizenship Act to grant citizenship to religious minorities (mostly Hindus and including other non-Muslims) from Pakistan, Bangladesh and Afghanistan who took shelter in India. The Bill relaxes norms for granting them citizenship by decreasing the residency requirement from 11 years to six years. In Assam, where the agitation was against migrants irrespective of religion, this has led to protests. The Bill is currently pending with a Joint Parliamentary Committee.
Is there a similar situation for migrants in any other state? In Arunachal Pradesh, a demand for citizenship to Chakmas has been pending for decades. While the Centre is keen to grant them citizenship, it is being opposed by the state government. In Kashmir, West Pakistan refugees are allowed to vote in national elections but not in Assembly elections.
Assam s updated National Register of Citizens, which has listed 2.89 crore citizens, has left out 40 lakh others who could not prove their citizenship. How did the 2.89 crore prove that they were citizens? NRC officials verified two kinds of evidence legacy data , or any one of 12 admissible documents. Legacy data is a collective term for a set of legacy documents , comprising Assam s 1951 NRC and electoral rolls up— to 1971. Anyone named in any of these legacy documents, as well as their descendants, were eligible for the updated NRC. Legacy data were available in photocopies (area-specific) at NRC Seva Kendras, which also had digitised legacy data (all-Assam). For every entry in these documents, a unique 11-digit legacy data code was generated; every applicant had to submit either her own legacy data code, or that of an ancestor. For those who could not link their ancestry to these legacy records, the option was to submit any one of 12 documents land/tenancy records; citizenship certificate; permanent residential certificate; refugee registration certificate; passport; LIC policy; govt licence/certificate; govt service certificate;— bank/post office accounts; birth certificate; board/university educational certificate; court records provided that the document was dated before the 1971 cutoff.
(Adapted from The Indian— Express)
3. How Parliament has amended anti-graft law (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance)
Parliament last month passed crucial amendments to the Prevention of Corruption Act, 1988, changing definitions and giving the anti-graft law more teeth. In the nearly five years since The Prevention of Corruption (Amendment) Bill, 2013 was introduced in Rajya Sabha, the proposed amendments have been discussed by a Parliamentary Standing Committee, which submitted its report in 2014, the Law Commission, which gave an extensive report in 2015, and finally a Select Committee of Rajya Sabha, which studied the amendments over 15 sittings and several field visits before finalising its recommendations in August 2016. The content, tone and tenor of The Prevention of Corruption (Amendment) Bill, 2018, passed by Rajya Sabha on July 19 and by Lok Sabha on July 24, reflect these detailed deliberations.
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Bribe, bribe-giver The Bill describes bribe as an undue advantage , an expression used by the United Nations Convention Against Corruption, which India ratified in 2011. Any gratification other than legal remuneration (official salaries and perks) received by a public servant can be construed as an undue advantage. Gratification would include things that can t be measured in money, as well as gifts . While endorsing the expression undue advantage , however, the Select Committee cautioned that enforcement/probe agencies may misuse the said expression to harass public servant as well as members of civil society in corruption cases , and advised that adequate precautions be taken.
As per the changed law, a collusive bribe giver can be punished with up to seven years in jail, and fined. The Select Committee wanted courts to decide the minimum punishment for bribe givers on the merits of the specific case. Someone who is forced to give a bribe to avail of a service a coercive bribe giver is treated differently, however. During the discussion in Lok Sabha, the Congress gave the example of a father who is forced to bribe a government doctor— to have his child admitted — to hospital. Under the changed law, anyone who is forced to give such a bribe can inform the authorities within seven days to escape punishment. Minister Jitendra Singh assured Lok Sabha that the government would consider increasing this window, given that its beginning may change depending on the circumstances of the bribe-giving. Activists have warned that corrupt officials may delay providing services until seven days after taking the bribe, to escape this provision.
Punishment, faster Punishment for corruption has been enhanced to a minimum three years in jail, extendable up to seven years with fine, from the earlier 6 months with an extension up to three years.
Repeat offenders will attract 5-10 years in prison, with a fine. A corruption case must be ordinarily concluded between two and four years from the date of filing the case. The Select Committee had found cases often went on for 20 years currently. The use of the word ordinarily is intended to provide for situations in which the judiciary may feel an extension is required, the government told Lok Sabha. Permission first A new provision says government functionaries at all levels, including those who are retired, can be prosecuted only with the permission of the competent authority . Earlier, this immunity was available only to officials of the level of Joint Secretary and above. The request for permission (granted or denied) must be processed within three months. The government has argued that this provision would mitigate corruption and check undue harassment of honest public servants.
A public servant who is found to be in possession of assets disproportionate to his/her legal sources of income will be deemed to have committed criminal misconduct , and will have to explain the sources of those assets. Law enforcers have been empowered to immediately attach the illegal property of a public servant, invoking provisions of the Prevention of Money Laundering Act. Possession of illicit property is cause for
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6 investigation/prosecution.A new provision criminalises corporate bribery by bringing in superior functionaries of a commercial organisation into the ambit of direct accountability, if an employee/agent is found to have bribed with their approval, for advancement of the organisation s interests.
(Adapted from The Indian Express)
4. How is seniority decided in the SC? (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance)
What was the significance of the Supreme Court Collegium recommending Justice K M Joseph first among three judges for elevation? What changes after government placed him third in its list?
On Monday, a day ahead of the swearing-in of three new judges in the Supreme Court, a section of sitting judges met Chief Justice of India Dipak Misra and lodged their protest against the lowering in seniority of one of the three new judges in the government notification on the appointments. The government has placed Justice K M Joseph last in seniority, after Justices Indira Banerjee and Vineet Saran, although the SC Collegium had recommended his name ahead of the other two.
How is the seniority of judges in the Supreme Court decided? It is decided on the basis of date of induction in the Supreme Court. A judge who takes oath earlier becomes senior to another who takes oath later. In cases where warrants for appointment of judges to Supreme Court are issued by the government on different dates, the seniority is automatically decided by virtue of the dates of swearing-in by the CJI.
There is no stated rule, whether in the current Memorandum of Procedure (MoP) or the draft MoP that is under finalisation, to decide the seniority of judges whose warrants of appointment are issued on the same date. As the warrants are issued by the government in a sequence, the practice has been for the CJI to administer the oath in the same order. For example, the warrants for appointment of current CJI Misra and now retired Justice J Chelameswar were issued on the same day but, as Misra s warrant was numbered above that of Justice Chelameswar, he was sworn in first. This ensured that he became CJI, deemed as senior to Justice Chelameswar.
On what basis are the warrants issued by the government? These are on the basis of the recommendation of the Collegium, which comprises the five most senior SC judges. The Collegium s recommendations for any name can be returned by the government, but if the Collegium reiterates the name, the government is bound to issue the warrant of appointment. The procedure for this is laid down in the MoP.
Article 124(2) of the Constitution says: Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age
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7 of sixty-five years. Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted.
What does the Collegium consider while making the recommendation? As per the judgment in the Second Judges case which led to the current Collegium system, it is a subjective process that doesn t just follow the seniority list. The Collegium, along with merit, is also supposed to consider the suitability of a person for elevation to the Supreme Court, and as stated in the MoP, it looks at seniority of judges in the All India High Court Judges Seniority List and broadly tries to ensure balanced representation of various high courts. For example, Justice J S Khehar was junior to both Justices Misra and Chelameswar in the High Court seniority list but was elevated to the Supreme Court a few months before them. This led to him becoming the CJI, which would not have been possible if he had been elevated along with the other two, who came to the High Court before him.
What is the current controversy around Justice Joseph s seniority? The Collegium had recommended the name of Justice Joseph, Chief Justice of Uttarakhand High Court, on January 10 for elevation to the Supreme Court, along with the name of then senior advocate Indu Malhotra. In April, the government issued the warrant of appointment for (now Justice) Malhotra but returned the name of Justice Joseph. On July 16, the Collegium reiterated Justice Joseph s name. The same day, it also recommended the names of Justices Banerjee and Saran for elevation but segregated the reiteration of Justice Joseph s name from the two new recommendations, making it the first file, so that his case remains separate and first in the list. On Friday, the government issued the three warrants, with Justice Joseph s seniority placed after Justices Banerjee and Saran in the order in which warrants were issued. This means he will be junior to the two judges, whose names were recommended in July while his name was originally recommended in January.
Why are some SC judges upset about it? As per the unanimous Collegium resolution of January 10, Justice Joseph was found to be more deserving and suitable in all respects than other Chief Justices and senior Puisne Judges of High Courts for being appointed as Judges of the Supreme Court of India . Some judges of the Supreme Court feel that the established procedure for determining seniority of judges has been violated by the government, to deliberately slight the judiciary, a position which should not be acceptable to the CJI. While none of these three judges are in a position to become the CJI, if the principle of seniority is followed while appointing the CJI, it does affect the membership of the Collegium. If more senior to his two colleagues, Justice Joseph would have started heading benches earlier.
What is the government s argument about placing Justice Joseph third in seniority? The government stand is that as it received all three names one reiteration and two recommendations on the same day, it treated all of them as equal, going by the principle of their inter-se seniority in the All India High Court Judges— Seniority List. It did not consider the original— dates of recommendation as having a bearing on the warrants.
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(Adapted from The Indian Express)
5. How Rajya Sabha elects Deputy Chairperson (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance)
The new Deputy Chairperson of Rajya Sabha will be elected Thursday. The Deputy Chairman is a constitutional position created under Article 89 of the Constitution, which specifies that Rajya Sabha shall choose one of its MPs to be the Deputy Chairman as often as the position becomes vacant. The office becomes vacant either by resignation or removal from office or when the Rajya Sabha member s term gets over. The last Deputy Chair of Rajya Sabha was Prof P J Kurien, whose tenure in Rajya Sabha ended on July 1. Procedure The process of electing the Deputy Chair is straightforward. Any Rajya Sabha MP can submit a motion proposing the name of a colleague for this constitutional position. They have until Wednesday afternoon to do so. The motion has to be seconded by another MP. Additionally, the member moving the motion has to submit a declaration signed by the MP whose name s/he is proposing stating that the MP is willing to serve as the Deputy Chairperson if elected. Each MP is allowed to move or second only one motion.
On Wednesday, the valid motions will be taken up in the House a little after 11 am when the House convenes. If there are motions that propose the names of more than one MP, then the majority of the House will decide who gets elected as the Deputy Chairperson. But if the political parties arrive at a consensus candidate, then that MP will be unanimously elected as the Deputy Chair.
Elections so far Since 1952, there have been 19 elections for the post. On 14 of these occasions, there was no contest in the election. 1969 was the first time that two MPs were in contention for the position of the Deputy Chair. By then, S V Krishnamoorthy Rao, the first Deputy Chair, had already served for a decade, followed by Violet Alva, the first woman Deputy Chair, who held the position for seven years. It was her resignation in 1969 that led to the contest between Dr Bhaurao Dewaji Khobragade and Godey Murahari.
The motion for Dr Khobragade to be elected as the Deputy Chair was passed with 128 votes in favour and 60 against. It was the first time that a non-ruling party MP (Dr Khobragade represented Republican Party of India) became the Deputy Chair of Rajya Sabha. When Dr Khobragade s term ended three years later in 1972, Murahari was elected unopposed twice and served until 1977. He then resigned and contested the Lok Sabha election and was elected the Deputy Speaker of the sixth Lok Sabha. He and Krishnamoorthy are the only two individuals who have held the position of Deputy Chair of Rajya Sabha as well as Deputy Speaker of Lok Sabha.
Ram Niwas Mirdha was the next Deputy Chair, elected in 1977 during the Prime Ministership of Morarji Desai. His election was unanimous. It was also the last time that an
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MP who was from the Opposition (Mirdha was a Congress MP) became the Deputy Chair of Rajya Sabha.
The next contested election happened in 1980. It was between Shyam Lal Yadav, who was from the ruling Congress party and had been Parliamentary Affairs Minister in Uttar Pradesh, and Arvind Ganesh Kulkarni whose name was proposed by Bhupesh Gupta, L K Advani and Piloo Modi. A tally of 134 votes carried the motion in favour of Yadav, with 81 against him. Yadav held the position until the end of 1984.
It was in 1985 that Dr Najma Heptulla became the second woman Deputy Chair of Rajya Sabha. During her election, Opposition MPs stated that the ruling party had not consulted them while deciding the candidate and walked out of the House in protest. Her first stint as the Deputy Chair was for a year.
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Her successor was M M Jacob, who was Deputy Chair for less than a year and was succeeded by Pratibha Devisingh Patil who became the third woman Deputy Chair in the Upper House. In 1988, Dr Heptulla was re-elected as the Deputy Chair. And it was her subsequent re-election in 1992 that saw the last contest for the Deputy Chair s position. The motion in her favour received 128 votes with 95 votes against her. The candidate on the other side was Renuka Chowdhury (then TDP). Dr Heptulla continued as the Deputy Chair until 2004. She has been the longest serving Deputy Chair of Rajya Sabha.
Since then, K Rahman Khan and Prof P J Kurien have both been elected unopposed. Although the Shiv Sena had given a motion for a candidate against Khan for his first election in 2004, the motion was not moved, following a consensus.
The Deputy Chair is the one position that is elected solely by members of Rajya Sabha. It is a critical position not just because s/he steps in when there is a vacancy in the office of Chairperson/Vice President but also because s/he plays a critical role in ensuring the smooth running of the House.
(Adapted from The Indian Express)
6. Reform with some concessions: What SC order means for Cricket Board (Relevant for GS Prelims, GS Mains Paper I; Polity & Governance)
The Supreme Court Thursday approved a new draft constitution for the BCCI, with a few tweaks. A look at what it means
What is the SC order about? The order was passed following a comprehensive exercise that involved the amicus curiae taking suggestions from all stakeholders involved with the Board, including the Committee of Administrators (CoA), state associations and office-bearers. The CoA s original draft constitution was prepared in accordance with the recommendations of the Justice Lodha committee that had looked at the functioning of the Board. After the SC approved these in 2016, the BCCI raised a number of objections and even had a review petition dismissed. The slight modifications to the final draft with relation to the one state, one vote and cooling period issues that were approved Thursday indicate that the BCCI s objections have been addressed. — — What is the cooling off issue? According to the Lodha panel report, no officer-bearer either at state or BCCI level was eligible to contest for a succeeding election and would have to serve a three-year cooling period following each term. The BCCI had raised many objections, stating that every office- bearer needed some form of continuity to apply his knowledge and experience to the administration of the game , or to strengthen the BCCI s clout within the ICC. The new constitution has found middle ground, allowing all office-bearers to serve two consecutive terms (six years) before they serve a necessary cooling-off period, but sticking to the
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11 maximum cumulative term of nine years. These include terms at both state and BCCI level, and/or a combination of both.
What does this mean to the current BCCI leadership? It means there will be a new-look BCCI all the present office-bearers, including Amitabh Choudhary, Anirudh Chaudhry, Rajeev Shukla and Anurag Thakur, have served nine or more years either on the various committees— or as office-bearers. It also means that Sourav Ganguly, one of the prominent office-bearers in the Cricket Association of Bengal, can be in the running for a top BCCI position.
And what is one state, one vote ? Under the one state, one vote recommendation by the Lodha panel, the idea was to ensure representation for every state in the BCCI. The panel had also asked for only one association from each state to be considered a full member and have voting rights. Maharashtra and Gujarat, for example, have three associations each. The BCCI had argued that their geography was different, brought up how some of the smaller states had no cricketing culture, and argued that one state, one vote might end up compromising the influence of established cricketing bastions such as Mumbai and Baroda. Eventually, the BCCI had its way with the new draft constitution restoring full membership to all three associations in both states.
What are the other major takeaways from the ruling? A key one concerns the full membership status for Railways, Services and the Universities. The Lodha panel had recommended stripping them of full membership with a view that this would mean the end of government influence on the BCCI s functioning. A widely held view is that the party in power in New Delhi has control over these institutional votes. The BCCI argued against stripping of full membership, on the ground that the Railways had employed more cricketers than any other institution in the country. The Supreme Court has agreed with the Board s view.
What next for the BCCI and the CoA? The BCCI CEO will present the new constitution to the Registrar of Societies under the Tamil Nadu Societies Registration Act. The Registrar will then register them with the court within four weeks. The state associations then have 30 days to register their respective constitutions and provide a compliance report to the CoA. The CoA will conduct elections at state level, and the newly elected bodies will send their nominees to the BCCI. The new BCCI will adopt the new constitution and then elect their representatives. The CoA had said earlier that this whole process from now on should be completed within 120 days.
What does the new structure broadly mean? At no point has the BCCI had a holistically professional setup, with paid employees executing the decisions adopted by elected members. Even now, part-time office-bearers were performing executive roles. And it s this professional makeover that Justice Lodha and his panel were keen on bringing in. The new structure will allow employed professionals to execute the decisions made by the Apex Council, which for the first time will have well-rounded representation, including players and women cricketers.
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Will the BCCI finally have more transparency? It is likely, with the BCCI set to come under the RTI Act based on the Lodha panel recommendations and with the appointment of an ombudsman, an election officer and an ethics officer. If you want to ensure accountability and transparency in such an organisation, information must be available to the public at large, Lodha had said on the RTI Act. (Adapted from The Indian Express)
7. Beyond Delhi: how law makes begging a crime (Relevant for GS Prelims, GS Mains Paper II; Polity & Governance)
Last week, Delhi High Court decriminalised beggary by striking down, as unconstitutional, certain sections of the Bombay Prevention of Beggary Act, 1959, as extended to Delhi. There being no central Act on beggary, many states and Union Territories have used the Bombay Act as the basis for their own laws. The order, on a petition by Harsh Mander and Karnika Sawhney, is the first in the country to strike down provisions of the 1959 Act.
The order Among the 25 provisions struck down are those permitting the arrest, without a warrant, any person found begging, taking the person to court, conducting a summary inquiry and detaining the person for up to 10 years. People beg on the streets not because they wish for everyone, to ensure that all citizens have basic facilities, and the presence of beggars is evidenceto, but because that the they state need has to… not Themanaged government to provide has these the mandate to all its tocitizens, provide ruled social the security Bench of Delhi Acting Chief Justice Gita Mittal and Justice C Hari Shankar. The roots The Act was formulated with the objective of keeping the streets of then Bombay clear of the destitute, leprosy patients or the mentally ill so they could be sent into institutions. Section 10 (struck down) gives a chief commissioner powers to order the immediate, indefinite detention of any person detained in a certified institution who is considered blind, a cripple or otherwise incurably helpless .