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INDIAN POLITY AND GOVERNANCE June 2020-July 2021
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Contents
Constitutional Framework...... 13
1. Torture...... 13
2. Right of Persons with Disabilities (RPwD) Act, 2016...... 14
3. Rule of law...... 16
4. Consumer protection act...... 17
5. Fundamental Rights of Police...... 18
6. 103rd Amendment...... 19
7. Reservations in job...... 20
8. NSA...... 20
9. Basic structure...... 22
10. Prior restraint and Article 19...... 24
11. Bonded Labour...... 25
13. Right to strike...... 28
14. Right to life and Right against exploitation...... 29
15. Free Speech...... 30
16. Prevention of Atrocities Act...... 30
17. Right to Work...... 31
18. Article 32...... 32
19. National Population Registrar...... 33
20. Seventh Schedule...... 34
21. Agriculture: Division of power between states and the Centre by the Constitution...... 35
22. Law Commission...... 36
23. Preamble...... 37
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24. Ninth Schedule...... 39
25. Sedition Law...... 40
26. Writer’s Cramp and the Rights of Persons with Disabilities Act, 2016...... 41
27. Habeus Corpus...... 43
28. Overseas Citizen of India (OCI)...... 43
29. National Population Register...... 45
30. Right to Counsel in Custody...... 46
31. Prevention of Insults to National Honour Act...... 47
32. Concurrent List...... 48
33. Uniform Civil Code...... 49
34. Refugees and Illegal Immigrants...... 51
35. Right to protest in India: Is it a Fundamental Right?...... 52
36. Acquisition and Termination of Citizenship...... 53
37. Article 19(1) (a)...... 55
38. Literacy numeracy mission deadline pushed to 2027...... 56
39. NIPUN Bharat Mission...... 56
40. Project BOLD to Boost Tribals...... 57
41. Rajasthan’s education guidelines irk NCPCR...... 58
42. Amending Procedure of Constitution...... 59
43. Land rights...... 61
Parliament and State Legislature...... 66
44. Article 275(I) and Van Dhan Scheme...... 66
45. Rajya Sabha elections...... 67
46. Floor Test...... 67
47. Question Hour and Zero Hour...... 68
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48. Rajya Sabha Deputy Chairman...... 69
49. Adjournment motion...... 70
50. Speaker role and adjournment...... 72
51. Voice Vote and division...... 74
52. Suspension of MPs...... 75
53. Election to legislative Council...... 77
54. No Confidence Motion...... 78
55. Breach of Privilege...... 79
56. Summoning of Parliament...... 81
57. Supplementary Grants...... 82
58. Motion of Thanks...... 83
59. Vote on Account...... 84
60. Private Members bill...... 86
61. Money bill...... 86
62. Appropriation Bill...... 88
63. Point of Order...... 89
64. Prorogation...... 89
65. Monsoon Session Likely to begin in July...... 90
66. Appoint Lok sabha Deputy Speaker: Congress to Om Birla...... 91
67. PM asks to have a ‘Zero Hour’ in Cabinet...... 92
68. Rajya Sabha Election Controversy...... 93
69. Article 164(4)...... 93
70. Legislative Council...... 94
71. Election of Speakers and Deputy Speakers...... 96
72. Leader of the House...... 97
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73. Session of Parliament...... 98
74. Adjournment motion in the Lok Sabha to seek repealing of three farm laws...... 99
75. Supplementary demands for grants...... 100
76. Privilege motion...... 101
77. CPI(M)’s Brittas moves privilege motion against Law Minister...... 102
78. Left MPs oppose private member’s bill seeking uniform civil code...... 103
79. Special Mention...... 104
80. Plan for adjournment motion...... 105
Executive...... 108
81. Ordinance...... 108
82. 74th Constitutional Amendment...... 109
83. District Development Coordination and Monitoring Committee (Disha)...... 110
84. Article 371 ...... A 111
85. What is National Pharmaceutical Pricing Authority (NPPA)?...... 112
86. Sec 69A of IT Act...... 113
87. National statistics Commission...... 114
88. NDRF...... 116
89. Cabinet decision binding on Governor and Governor’s discretion...... 117
90. Article 78...... 117
91. Metropolitan Planning Committees (MPCs)...... 118
92. Jammu and Kashmir and Article 35A...... 119
93. Subordinate Legislation...... 120
94. Article 341 and 342...... 120
95. Business Advisory Committee...... 121
96. MPLADS...... 122
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97. Article 293...... 123
98. Select Committee...... 124
99. National medical commission...... 125
100. Cauvery Water Management Authority’s (CWMA)...... 126
101. Article 270 and history of cess...... 128
102. River Boards...... 129
103. District Development Council...... 130
104. Committee of Parliament...... 131
105. Lokur Committee...... 133
106. Punjab Farm Laws...... 133
107. Essential Commodities Act...... 134
108. NDPS ACT...... 136
109. Committee to Review TRP Agencies...... 137
110. FCRA...... 138
111. Anganwadi Services...... 139
112. Inter State Migrant Workmen Act...... 140
113. Article 356...... 141
114. Impeachment Procedure in USA AND INDIA...... 142
115. Pardoning Power of president...... 144
116. Kotia dispute...... 145
117. Power to make changes in the SC list...... 146
118. LG of Puducherry/UTs...... 147
119. Surya Prakash Committee...... 148
120. Article 342 A...... 149
121. President Consent to State Bills...... 150
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122. PESA...... 151
123. Public Accounts Committee...... 152
124. Article 244 A...... 153
125. Doctrine of Colourable Legislation...... 154
126. ISI Mark and BIS Hallmark...... 154
127. President Rule in Delhi...... 155
128. Govt considering plea for Rs 4 lakh to COVID victims, SC told...... 156
129. DCGI Relaxes Norms for Clearing Vaccines...... 157
130. Centre starts action against West Bengal ex-chief secretary Alapan...... 157
Bandyopadhyay...... 157
131. National River Conservation Plan...... 158
132. MoS Jal Shakti Urges All MPs To Participate And Support Jal Shakti Abhiyan-2...... 159
133. RENEWABLE ENERGY CERTIFICATE (REC) Mechanism...... 160
134. NISHTHA Capacity Building Programme for EMRS Teachers and Principals...... 161
135. Article 311...... 162
136. Section 66A of IT Act...... 164
137. Identifying SEBC...... 165
138. Parliamentary Standing Committee...... 165
139. FCRA Amendement...... 166
140. Common Service Centre...... 168
141. Recall of Chief Secretary Unprecedented...... 169
142. How IAS Officers are put on Central Deputation...... 170
143. Integerated Disease Survillence Programme...... 170
144. GoM to look into GST Relief on COVID Essentials...... 171
145. Tussle between Central vs Union Government...... 172
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146. Investment in neo-banking space plunges...... 173
147. Four years on delay derails Railways CCTV Project...... 174
148. Clinical Trials Registry India (CTRI)...... 176
149. New CM took oath in Uttarakhand...... 177
150. Section 43D (5) of the Unlawful Activities Prevention Act (UAPA)...... 177
151. Amid Cabinet reshuffle buzz eight States get new Governors...... 178
152. Central govt creates New Ministry for Co-operatives...... 179
153. Water disputes and irrigation projects in Krishna and Godavari...... 180
154. Cabinet reshuffle...... 180
155. Department of Public Enterprises...... 182
156. Cabinet extends Agri Infra Fund loans to APMCs...... 183
157. Appointment of Chief Minister...... 184
158. SPARSH (System for Pension Administration Raksha)...... 185
159. Ministry of Cooperation...... 186
160. Ending the shift the between Jammu & Kashmir...... 187
161. Cabinet Committee...... 188
162. Constitution of an Expert Committee on Longevity Finance...... 188
163. Simpler drone rules in the offing...... 189
164. Godavari River Management Board and Krishna River Management Board...... 191
165. Reservation for Economically Weaker Sections (EWS)...... 191
166. Draft Trafficking Rules 2021...... 192
167. 97th constitutional amendment...... 194
168. Aquaculture farmers to sell produce on e-Santa...... 196
169. Parliamentary Committees...... 196
170. India signed 26 pacts to fight drug menace...... 198
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171. Essential Defence Service Bill introduced in Lok Sabha...... 199
172. The Joint Parliamentary Committee...... 200
173. An emigration Bill that does not go far enough...... 201
174. Thane sanctuary proposed as MMR’s Ramsar site...... 202
175. Sexual Harassment at Workplace (Prevention-Prohibition and Redressal) Act (the SH Act) 2013 ...... 203
Judiciary...... 208
176. Official Language of HC...... 208
177. Judicial appointment...... 208
178. Prevention to cruelty act...... 209
179. Constitution bench...... 209
180. S Mulgaonkar v Unknown (1978) case...... 210
181. Independence of Judiciary...... 211
182. TELE Law...... 211
183. Contempt of Court...... 212
184. The Supreme Court put a stay on the three farm laws as an Interim order...... 213
185. Contempt Jurisdiction of the Supreme Court...... 214
186. National Commission for Minorities, Act 1992...... 215
187. Collegium...... 216
188. AMICUS CURIAE...... 217
189. SUPACE...... 218
190. Ad-Hoc Judges in Supreme Court...... 218
191. Lokadalats...... 219
192. Official Language in Courts...... 220
193. CJ High Court...... 221
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194. Election Petition filed by West Bengal CM...... 222
195. Special Leave Petition...... 223
196. Indicative Notes...... 224
197. Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary...224
198. Bail orders will be sent instantly to jail authorities: SC...... 225
199. Supreme Court’s remarks on sedition cases bode well for its inevitable...... 226
invalidation...... 226
200. Live-streaming court proceedings crucial for dissemination of information: CJI...... 227
201. HC stays Arunachal’s entry permit notification...... 228
202. ‘HC appointments an ongoing process’...... 230
203. District judge...... 231
204. No immunity for acts of vandalism: SC...... 233
Constitutional and Statutory Bodies...... 235
205. Solicitor General...... 235
206. Tribal Council...... 235
207. Role of CAG...... 239
208. Finance Commission...... 242
209. A-WEB...... 243
210. 15th FC Report Submitted...... 243
211. Electoral Bonds...... 244
212. D Voters...... 245
213. State Election Commission...... 246
214. NCBC...... 247
215. G Rohini Commission...... 249
216. Delimitation Commission...... 249
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217. Role of Attorney General in Contempt Proceedings...... 250
218. Chief Electoral Officer...... 252
219. Chief Election Commissioner...... 252
220. Extension of Tenure for Attorney General of India...... 254
221. Delimitation Panel for Jammu & Kashmir...... 255
222. Appointment of Election Commissioners...... 258
223. Appointment of CEC and EC...... 259
224. CBI Director Appointment...... 259
225. GST Council...... 260
226. NHRC, UBI, Universal periodic review...... 261
227. NHRC and SHRC...... 263
228. Lokayukta...... 265
229. NCPCR...... 266
230. State Consent to CBI...... 267
231. Information Commissioners...... 268
232. National Commission for Women...... 269
233. CCI...... 270
234. Human rights (HRs) and generation of HRs...... 271
235. AIM PRIME...... 273
236. NITI AAYOG NEEDS TO PERHAPS LOOK AT SDG 10 AT A HOLISTIC MANNER...... 273
237. Odisha Lokayukta sends notice to officials over alleged encroachment by...... 274
institute...... 274
Miscellaneous Topics...... 276
238. NIRF ranking...... 276
239. What is India Patent Act?...... 276
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240. Pragyata Guideline...... 277
241. Official language...... 278
242. Official languages for state...... 279
243. Poll Spending...... 280
244. Model Code of Conduct...... 281
245. Forest Rights Act...... 282
246. UMANG App...... 283
247. NRI Voting...... 284
248. Postal Voting...... 285
249. UAPA...... 286
250. Institute of Excellence...... 287
251. Kevadia Tourism Circuit...... 288
252. Foreigner’s Tribunal...... 288
253. Central Consumer Protection Authority...... 290
254. Emergency Use Authorization...... 291
255. Disqualification under 10th Schedule...... 293
256. POCSO Act...... 294
257. CDSCO...... 295
258. Child Welfare Committee (CWCs)...... 296
259. Regulatory Approval of Vaccines...... 297
260. Drugs and cosmetics Act...... 298
261. DCGI relaxes norms for clearing Vaccines...... 299
262. Central Administrative Tribunal (CAT)...... 300
263. Covax Facility...... 301
264. INSACOG...... 302
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265. Bharat Net implementation through Public Private Partnership (PPP) Model...... 303
266. Enforcing Contracts Portal...... 304
267. Unified District Information System for Education Plus (UDISE+)...... 305
268. Organ transplantation...... 306
269. Open Network for Digital Commerce (ONDC) Project...... 307
270. Nominate inspiring individuals for Padma awards: Narendra Modi...... 308
271. U.P.’s new population policy keeps all sections in mind: Adityanath...... 309
272. Kongu Nadu...... 310
273. Startup India Showcase Platform...... 310
274. Puri becomes India’s first city to provide quality drinking tap water...... 310
275. Clinical Establishments (Registration and Regulation) Act 2010...... 311
Constitutional Framework 1. Torture
Context: Five policemen have been arrested and charged with murder in relation to the custodial deaths of a father and son in Tamil Nadu which created debate over torture.
Concept:
UN Convention against Torture The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT or the Convention) is an international human rights treaty which mandates a global prohibition on torture and other acts of cruel, inhuman, or degrading treatment or punishment and creates an instrument to monitor governments and hold them to account. The UNCAT was adopted by the UN General Assembly on 10 December 1984 and came into force on 26 June 1987. 13 | P a g e OPTIMIZE IAS
There are 16 substantive articles of the UNCAT which describe the obligations to respect, protect and fulfill the absolute prohibition against torture and other forms of ill-treatment, and various additional procedural provisions. On ratification, all the obligations in the UNCAT become binding legal commitments. Although India signed the UNCAT in 1997, it is yet to ratify it. In 2010, Prevention of Torture Bill was passed by the Lok Sabha, and the Rajya Sabha later sent it to a select Committee for review. But the Bill was lapsed.
Article 21 and Right against Torture In Francis Coralie Mullin v. Union Territory of Delhi (1981) and Sheela Barse vs. State of Maharashtra (1987), Supreme Court condemned cruelty and torture as violative of Article 21. This interpretation of Article 21 is consistent with the principles contained in the UNCAT.
2. Right of Persons with Disabilities (RPwD) Act, 2016
Context: Department of Empowerment of Persons with Disabilities move to decriminalize minor offences under Right of Persons with Disabilities (RPwD) Act, 2016 has attracted protest from people.
Concept: The Act replaces the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. It fulfills the obligations to the United National Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory. The Act came into force during December 2016. The types of disabilities have been increased from existing 7 to 21 and the Central Government will have the power to add more types of disabilities. Persons with "benchmark disabilities" are defined as those certified to have at least 40 percent of the disabilities specified above.
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Responsibility has been cast upon the appropriate governments to take effective measures to ensure that the persons with disabilities enjoy their rights equally with others. Additional benefits such as reservation in higher education (not less than 5%),government jobs (not less than 4 %), reservation in allocation of land, poverty alleviation schemes (5% allotment) etc. have been provided for persons with benchmark disabilities and those with high support needs. Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education. Government funded educational institutions as well as the government recognized institutions will have to provide inclusive education to the children with disabilities. For strengthening the Prime Minister's Accessible India Campaign, stress has been given to ensure accessibility in public buildings (both Government and private) in a prescribed time-frame.
UN Convention on Rights of Persons with Disabilities (UNCRPD) The Convention on the Rights of Persons with Disabilities and its Optional Protocol was adopted on 13 December 2006 at the United Nations Headquarters in New York. There were 82 signatories to the Convention. The Convention entered into force on 3May 2008. It is the first comprehensive human rights treaty of the 21st century. The Convention follows decades of work by the United Nations to change attitudes and approaches to persons with disabilities. It takes to a new height the movement from viewing persons with disabilities as “objects” of charity, medical treatment and social protection towards viewing persons with disabilities as “subjects” with rights, who are capable of claiming those rights and making decisions for their lives based on their free and informed consent as well as being active members of society. The Convention is intended as a human rights instrument with an explicit, social development dimension. It adopts a broad categorization of persons with disabilities and reaffirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms.
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3. Rule of law
Context: The Supreme Court has said that government has the responsibility to uphold the law while hearing a plea connection with the death of gangster Vikas Dubey.
Concept: The concept of equality before law is an element of the concept of Rule of Law, propounded by A.V. Dicey, the British jurist. His concept has the following three elements or aspects: Absence of arbitrary power, that is, no man can be punished except for a breach of law. Equality before the law, that is, equal subjection of all citizens (rich or poor, high or low, official or non-official) to the ordinary law of the land administered by the ordinary law courts. The primacy of the rights of the individual, that is, the constitution is the result of the rights of the individual as defined and enforced by the courts of law rather than the constitution being the source of the individual rights. The first and the second elements are applicable to the Indian Systemand not the third one. In the Indian System, the constitution is the source of the individual rights. The Supreme Court held that the Rule of Law as embodied in Article 14 is a basic feature of the constitution. Hence, it cannot be destroyed even by an amendment.
Rule of Law Index The World Justice Project Rule of Law Index is the world’s leading source for original, independent data on the rule of law. The Rule of law Index measures “how the rule of law is experienced and perceived by the general public.” In 2019, on this Index, India was ranked 68 out of 126 countries, down 3places from last year. This Index measures performance across various socio-legal and political focus areas including “Open Government, Fundamental Rights, Regulatory Enforcement, Civil Justice, and Criminal Justice.” India has never been rated among top 50 in the index.
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Recently a petition was filed in SC to direct the government to take measure to improve its ranking on the index
4. Consumer protection act
Context: New consumer protection act comes into force today.
Concept: The newly enacted Consumer Protection Act replacing more than three decades old Consumer Protection Act, 1986. The new Consumer Protection Act 2019 seeks to revamp the process of administration and settlement of consumer disputes, with strict penalties, including jail term for adulteration and misleading ads by firms. It defined 6 rights of the consumers which include: Right to be protected against the marketing of goods, products or services which can be hazardous to life and property Right to be informed about the quality, quantity, potency, purity, standard and price of goods, products and services Right to be assured of access to goods, products and services at competitive prices. Right to be heard at appropriate forums Right to seek redressal against unfair trade practices that are involved in exploitation of customers Right to consumer awareness It proposes to set up Central Consumer Protection Authority (CCPA) to promote, protect and enforce the rights of consumers. The CCPA would make interventions to prevent consumer detriment arising from unfair trade practices. The agency can also initiate class action, including enforcing recall, refund and return of products. It also simplified dispute resolution process, has provision for Mediation and e-filing of cases. The Consumer will be able to file cases in the nearest commission under the jurisdiction of which he resides. Consumer Disputes Redressal Commissions (CDRCs) would be setup at various levels. The CDRCs would be set up at multiple levels – district, state
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and national. Consumers can file complaints with the CDRCs regarding any of the following. Defective goods or services Overcharging or deceptive charging on goods and services Any unfair or restrictive trade practices Offering services or sale of goods which can be hazardous to life or not safe As per the new act, all the laws that apply for direct selling would also be applicable for E-Commerce. Consumers can file complaints from anywhere and they do not need to hire lawyer to represent theircases. For mediation, there will be strict timeline fixed in the rules. On misleading advertisements there is provision for jail term and fine for manufacturers. For the first time there will be an exclusive law dealing with Product Liability. A manufacturer or product service provider or product seller will now be responsible to compensate for injury or damage caused by defective product or deficiency in services.
5. Fundamental Rights of Police
Context: While issuing a first-of-its-kind ‘gag order’ or ‘code of conduct’ for personnel of Gujarat Police regarding their usage of social media, Gujarat Director General of Police (DGP) said that police do not enjoy the same rights as citizens.
Concept: Article 33 empowers the Parliament to restrict or abrogate the fundamental rights of the members of armed forces, para-military forces, police forces, intelligence agencies and analogous forces. The objective of this provision is to ensure the proper discharge of their duties and the maintenance of discipline among them. The power to make laws under Article 33 is conferred only on Parliament and not on state legislatures. Any such law made by Parliament cannot be challenged in any court on the ground of contravention of any of the fundamental rights.
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Accordingly, the Parliament has enacted the Army Act (1950), the Navy Act (1950),the Air Force Act (1950), the Police Forces (Restriction of Rights) Act, 1966, the Border Security Force Act and so on. These impose restrictions on their freedom of speech, right to form associations, right to be members of trade unions or political associations, right to communicate with the press, right to attend public meetings or demonstrations, etc. The expression members of the armed forces also cover non-combatants in armed forces.
6. 103rd Amendment
Context:
Supreme Court has referred a batch of petitions challenging the 103rd Constitution Amendment of 2019 to a five-judge Constitution Bench
Concept:
It provides for 10% reservation in government jobs and educational institutions for Economically Weaker Section by amending Articles 15 and 16 that deal with the fundamental right to equality. An additional clause was added to both provisions, giving Parliament the power to make special laws for EWS like it does for Scheduled Castes, Scheduled Tribes and Other Backward Castes. The states are to notify who constitute EWS to be eligible for reservation. Issue:
The law was challenged primarily that it violates the Basic Structure of the Constitution. This argument stems from the view that the special protections guaranteed to socially disadvantaged groups is part of the Basic Structure and that the 103rd Amendment departs from this by promising special protections on the sole basis of economic status Another challenge has been made on behalf of private, unaided educational institutions. They have argued that their fundamental right to practice a trade/profession is violated when the state compels them to
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implement its reservation policy and admit students on any criteria other than merit.
7. Reservations in job
Context:
The Madhya Pradesh government’s decision to give government jobs only to “children” of the state is likely to trigger a fresh debate on the fundamental right to equality of citizens.
Concept:
Article 16(2) of the Constitution states that “no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against, in respect of any employment or office under the State.”
The Supreme Court has, in its rulings since 1955, underlined the distinction between domicile status and place of birth.
Domicile or status of residence is a fluid concept that can change from time to time, unlike place of birth. The place of birth is one of several grounds on which domicile status is conferred.
8. NSA
Context:
The Allahabad High Court revoked the charges under the National Security Act against Gorakhpur doctor Kafeel Khan, and asked the state government to release him immediately.
Concept:
History
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Preventive detention laws in India date back to early days of the colonial era when the Bengal Regulation III of 1818 was enacted to empower the government to arrest anyone for defence or maintenance of public order without giving the person recourse to judicial proceedings.
A century later, the British government enacted the Rowlatt Acts of 1919 that allowed confinement of a suspect without trial.
Post-independence India got its first preventive detention rule when the government of Prime Minister Jawaharlal Nehru enacted the Preventive Detention Act of 1950.
The NSA is a close iteration of the 1950 Act. After the Preventive Detention Act expired on December 31, 1969, the then Prime Minister, Indira Gandhi, brought in the controversial Maintenance of Internal Security Act (MISA) in 1971 giving similar powers to the government.
Though the MISA was repealed in 1977 after the Janata Party came to power, the successive government, brought in the NSA.
NSA
The National Security Act (NSA) is an act that empowers the government to detain a person if the authorities are satisfied that he/she is a threat to national security or to prevent him/her from disrupting public order.
Under the law, the maximum span for which a person can be detained is 12 months. However, the government can extend it, if it feels so.
In the normal course, if a person is arrested, he or she is guaranteed certain basic rights. These include the right to be informed of the reason for the arrest. Section 50 of the Criminal Procedure Code (Cr.PC) mandates that the person arrested has to be informed of the grounds of arrest, and the right to bail. Sections 56 and 76 of the Cr. PC also provides that a person has to be produced before a court within 24 hours of arrest. Additionally, Article 22(1) of the Constitution says an arrested person 21 | P a g e OPTIMIZE IAS
cannot be denied the right to consult, and to be defended by, a legal practitioner of his choice.
But none of these rights are available to a person detained under the NSA. A person could be kept in the dark about the reasons for his arrest for up to five days, and in exceptional circumstances not later than 10 days. Even when providing the grounds for arrest, the government can withhold information which it considers to be against public interest to disclose. The arrested person is also not entitled to the aid of any legal practitioner in any matter connected with the proceedings before an advisory board, which is constituted by the government for dealing with NSA cases.
9. Basic structure
Context:
Kesavananda Bharati, the petitioner of the landmark ruling in which the Supreme Court announced the basic structure doctrine was dead.
Concept:
A 13-judge Bench was set up by the Supreme Court, the biggest so far, and the case was primarily about the extent of Parliament’s power to amend the Constitution.
First, the court was reviewing a 1967 decision in Golaknath v State of Punjab which, had ruled that Parliament cannot amend fundamental rights.
Second, the court was deciding the constitutional validity of several other amendments.
The executive vs judiciary manoeuvres displayed in the amendments ended with the Kesavananda Bharati case, in which the court had to settle these issues conclusively.
In its majority ruling, the court held that fundamental rights cannot be taken away by amending them. While the court said that Parliament had 22 | P a g e OPTIMIZE IAS
vast powers to amend the Constitution, it drew the line by observing that certain parts are so inherent and intrinsic to the Constitution that even Parliament cannot touch it.
The origins of the basic structure doctrine are found in the German Constitution which, after the Nazi regime, was amended to protect some basic laws.
In India, the basic structure doctrine has formed the bedrock of judicial review of all laws passed by Parliament.
The present position is that the Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the basic structure of the Constitution.
However, the Supreme Court is yet to define or clarify as to what constitutes the basic structure of the Constitution. From the various judgments, the following have emerged as basic features of the Constitution or elements / components / ingredients of the ‘basic structure’ of the constitution:
o Supremacy of the Constitution
o Sovereign, democratic and republican nature of the Indian polity
o Secular character of the Constitution
o Separation of powers between the legislature, the executive and the judiciary
o Federal character of the Constitution
o Unity and integrity of the nation
o Welfare state (socio-economic justice)
o Judicial review
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o Freedom and dignity of the individual
o Parliamentary system
o Rule of law
o Harmony and balance between Fundamental Rights and Directive Principles
o Principle of equality
o Free and fair elections
o Independence of Judiciary
o Limited power of Parliament to amend the Constitution
o Effective access to justice
o Principle of reasonableness
Powers of the Supreme Court under Articles 32, 136, 141 and 142
10.Prior restraint and Article 19
Context:
Different courts recently gave conflicting rulings involving the broadcast of two shows. In each case, one court restricted the broadcast and another refused to interfere.
These raise questions on the fundamental right to freedom of speech and expression, and whether these can be restrained prior to broadcast or publishing.
Concept:
Section 5 of Cable Television Network (Regulation) Act, 1995 prescribes that no person shall transmit or re-transmit through a cable service any
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programme unless such programme is in conformity with the prescribed programme code.
Section 19 gives the power to prohibit a broadcast in the public interest if the programme is likely to promote, on grounds of religion, race, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, linguistic or regional groups or castes or communities or which is likely to disturb the public tranquility.
Prior restraint is prohibiting the exercise of free speech before it can take place.
Imposition of pre-censorship or prior restraint on speech is a violation of the fundamental right to freedom of speech and expression enshrined in Article 19 (1) (a) of the Constitution.
Any restrictions imposed on this right have to be found under Article 19(2) of the Constitution, which lists out “reasonable restrictions” that include interests of the sovereignty and integrity of India, security of the state, public order, and incitement to an offence.
Any legislation that imposes a prior restraint on speech usually has the burden to show that the reason for such restraint can be found under Article 19(2). It is generally allowed only in exceptional circumstances.
The idea is that speech can be restricted only when judged on its actual content and not pre-emptively based on perceptions of what it could be.
The court has adopted the “proximity” test to determine if public order would be affected to allow prior restraint — the state is required to demonstrate a proximate link between public order and the speech.
11.Bonded Labour
Context :
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Swami Agnivesh was widely known for his campaign against bonded labour through his foundation BandhuaMuktiMorcha (Bonded Labor Liberation Front).
Concept: Bonded labour in India is defined as a system of forced labour caused by a debt or by social custom or obligation, under which a debtor loses freedom of movement, and/or freedom to look for alternative employment, and /or is subjected to a reduction in wages and/or to product prices less than the minimum or market rates Article 23 deals with bonded labour Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them
Bonded Labour System (Abolition) Act, 1976 Bonded Labour System (Abolition) Act, 1976 is implemented by the concerned State Govts./UTs. Itprovides for an institutional mechanism at the district level in the form of Vigilance Committees. For the purpose of implementing the provisions of this Act, the State Governments/UTs may confer, on an Executive Magistrate, the powers of a Judicial Magistrate of the first class or second class for trial of offences under this Act. Government of India has introduced a revamped Central Sector Scheme for Rehabilitation of Bonded Labourers- 2016, under which financial assistance are provided to released bonded labourers based on their category and level of exploitation along with other non-cash assistance for their livelihood.
12.Official Secrets Act
Context:
The Delhi police has arrested a under the Official Secrets Act (OSA).
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Concept: OSA has its roots in the British colonial era. The original version was The Indian Official Secrets Act (Act XIV), 1889. This was brought in with the main objective of muzzling the voice of a large number of newspapers that had come up in several languages, and were opposing the Raj’s policies, building political consciousness and facing police crackdowns and prison terms. It was amended and made more stringent in the form of The Indian Official Secrets Act, 1904, during Lord Curzon’s tenure as Viceroy of India. In 1923, a newer version was notified. The Indian Official Secrets Act (Act No XIX of 1923) was extended to all matters of secrecy and confidentiality in governance in the country. It broadly deals with two aspects Section 3 cover spying or espionage, covered Section 5 covers disclosure of other secret information of the government. Secret information can be any official code, password, sketch, plan, model, article, note, document, or information. Under Section 5, both the person communicating the information and the person receiving the information can be punished RTI Act vs OSA Section 22 of the RTI Act provides for its primacy vis-a-vis provisions of other laws, including OSA. Therefore, if there is any inconsistency in OSA with regard to furnishing of information, it will be superseded by the RTI Act. However, under Sections 8 and 9 of the RTI Act, the government can refuse information. Effectively, if the government classifies a document as “secret” under OSA Clause 6, that document can be kept outside the ambit of the RTI Act, and the government can invoke Sections 8 or 9. Do we need to reform OSA? Law Commission report ‘Offences against National Security’, 1971 observed that “it agrees with the contention” that “merely because a 27 | P a g e OPTIMIZE IAS
circular is marked secret or confidential, it should not attract the provisions of the Act if the publication thereof is in the interest of the public and no question of national emergency and interest of the State as such arises”. The Law Commission, however, did not recommend any changes to the Act. Second Administrative Reforms Commission (ARC) recommended that OSA be repealed, and replaced with a chapter in the National Security Act containing provisions relating to official secrets. In 2015, the government had set up a committee to look into provisions of the OSA in light of the RTI Act. It submitted its report to the Cabinet Secretariat on June 16, 2017, recommending that OSA be made more transparent and in line with the RTI Act.
13.Right to strike Context: Three Codes on labour law were passed by Parliament, amid strident criticism and vociferous protests by many trade unions. Concept: The right to strike in the Indian constitution set up is not absolute right but it flow from the fundamental right to form union.
As every other fundamental right is subject to reasonable restrictions, the same is also the case to form trade unions to give a call to the workers to go on strike and the state can impose reasonable restrictions.
Supreme court held that the right to strike or right to declare lock out may be controlled or restricted by appropriate industrial legislation Changes The Code on Industrial Relations prohibits strikes and lock-outs in all industrial establishments without notice.
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No unit shall go on strike in breach of contract without giving notice 60 days before the strike, or within 14 days of giving such a notice, or before the expiry of any date given in the notice for the strike. Further, there should be no strike during any conciliation proceedings, or within seven days of the conclusion of such proceedings; or during proceedings before an industrial tribunal or 60 days after their conclusion or during arbitration proceedings. Similar restrictions have been given on the employer from announcing a lock-out. The Industrial Disputes Act, 1947, had placed such restrictions on announcing strikes only in respect of public utility services. However, the present Code extends it to all establishments.
14.Right to life and Right against exploitation
Context The Supreme Court on Thursday quashed the Gujarat government’s notifications granting temporary “relaxations” to employers on certain conditions related to working hours and payment of wages under the Factories Act, 1948. The court observed that the notifications, in denying humane working conditions and overtime wages provided by law, are an affront to the workers’ right to life and right against forced labour that are secured by Articles 21 and 23 of the Constitution
Concept Article 21 is protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to procedure established by law. Article 21 applies to natural persons. The right is available to every person, citizen or alien. Thus, even a foreigner can claim this right. Article 23 provides for prohibition of traffic in human beings and forced labour
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Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law Nothing in this article shall prevent the State from imposing compulsory service for public purpose, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.
15.Free Speech
Context The Bombay High Court said that in a democracy citizens are free to express their views, but they have to ensure that while exercising their right they don’t violate someone else’s constitutional rights.
Concept Article 19 in the Indian constitution gives us the freedom of speech and expression with some reasonable restrictions under as follows: It should not affect the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offense.
16.Prevention of Atrocities Act
Context The Supreme Court has said that all insults or intimidations to persons belonging to Dalit or tribal communities will not be an offence under the Scheduled Castes and Scheduled Tribes( Prevention of Atrocities) Act.
Concept
Background Article 17 seeks to abolish ‘untouchability’. To enforce this, Untouchability (Offences) Act 1955 was enacted. The lacuna in the above act lead to the passing of Protection of Civil Rights Act 1976
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Protection of Civil Rights Act, Indian Penal Code, was inadequate to check many dimensions of atrocities meted to SC/ST. This lead to Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and Rules, 1995. The Scheduled Castes and Tribes (Prevention of Atrocities) Act is known as POA, SC/ST Act, the Prevention of Atrocities Act, or the Atrocities Act.
Provisions of Prevention of Atrocities Act : Creation of new types of offences not in the Indian Penal Code (IPC) or in the Protection of Civil Rights Act 1955 (PCRA). Atrocities can be committed only by non-SCs and non-STs on members of the SC or ST communities. Crimes among SCs and STs or between STs and SCs do not come under the purview of this Act. Defines various types of atrocities against SCs/STs and prescribes stringent punishments for the same. Enhanced minimum punishment for public servants. Punishment for neglect of duties by a public servant(Section 4) Cancellation of arms licenses in the areas identified where an atrocity may take place or has taken place and grant arms licenses to SCs and STs Denial of anticipatory bail (Section 18) provided in Section 438 of the CrPC Denial of probation to convict (Section 19). provisions for relief and compensation for victims Creation of Special Courts and special public prosecutor Mandatory, periodic monitoring system at District, State and National level Identification of atrocity prone areas.
17.Right to Work
Context The lockdown enforced to control COVID-19 led to huge job losses. In this context, MNREGA and Right to Work has become very important.
Concept
Status of Right to Work: The Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, both of which were acceded by
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India, in Article 23 and Article 6 respectively, recognise the right to work in an employment of one’s choice and the State’s responsibility to safeguard this right.
Right to Work in Indian Constitution: The Indian Constitution does not explicitly recognise the ‘right to work’ as a fundamental right. It is placed in Part IV (Directive Principles of State Policy) of the Constitution under Article 41, which hence makes it unenforceable in the court of law. Honorable Supreme Court in Olga Tellis&Ors. v Bombay Municipal Corporation &Ors recognised ‘right to work’ as a fundamental right inherent in the ‘right to life’. MNREGA: The Act guarantees the right to work to by providing 100 days of guaranteed wage employment in a financial year to every rural household whose adult members are willing to do unskilled manual work.
18.Article 32
Context A Supreme Court Bench headed by Chief Justice of India S A Bobde observed that it is “trying to discourage” individuals from filing petitions under Article 32 of the Constitution.
Concept Article 32 is one of the fundamental rights listed in the Constitution that each citizen is entitled. Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution. Only if fundamental rights is violated can a person can approach the Supreme Court directly under Article 32. Both the High Courts and the Supreme Court can be approached for violation or enactment of fundamental rights through five kinds of writs: Habeas corpus – related to personal liberty in cases of illegal detentions and wrongful arrests
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Mandamus — directing public officials, governments, courts to perform a statutory duty; Quo warranto — to show by what warrant is a person holding public office; Prohibition — directing judicial or quasi-judicial authorities to stop proceedings which it has no jurisdiction for; and Certiorari — re-examination of an order given by judicial, quasi-judicial or administrative authorities. When it comes to violation of fundamental rights, an individual can approach the High Court under Article 226 or the Supreme Court directly under Article 32. Article 226, however, is not a fundamental right like Article 32.
19.National Population Registrar
Context The office of the Registrar-General of India (RGI) has said the schedule of the National Population Register (NPR) is being finalised and the information about the expected date of the first phase of Census 2021 is not available.
Concept National Population Register: It is a list of “usual residents of the country”. A “usual resident of the country” is one who has been residing in a local area for at least the last six months, or intends to stay in a particular location for the next six months.
Legal Provisions: The NPR is being prepared under provisions of the Citizenship Act 1955 and the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003. It is mandatory for every “usual resident of India” to register in the NPR.
Background The data for the NPR was first collected in 2010 along with the house listing phase of Census 2011.
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In 2015, this data was further updated by conducting a door-to-door survey. However, with the use of Aadhaar as the key vehicle for transfer of government benefits in the last few years, the NPR has taken a backseat. Scope: The NPR exercise is conducted at the local, sub-district, district, state and national levels. The NPR will collect both demographic data and biometric data. Biometric data will be updated through Aadhar details. In the 2010 exercise, the RGI had collected only demographic details. In 2015, it updated the data further with the mobile, Aadhaar and ration card numbers of residents. For the 2020 exercise, it has dropped the ration card number but added other categories.
NPR and the NRC: Unlike the NRC, the NPR is not a citizenship enumeration drive, as it would record even a foreigner staying in a locality for more than six months. With the government insisting that the NRC would be implemented across the country, the NPR has raised anxieties around the idea of citizenship in the country. All this is happening in the backdrop of the NRC in Assam which has excluded 19 lakh among the 3.3 crore who had applied. NRC countrywide would only happen on the basis of the upcoming NPR. After a list of residents is created (i.e. NPR), a nationwide NRC could go about verifying the citizens from that list.
20.Seventh Schedule
Context Fifteenth Finance Commission chairman N.K. Singh has called for a fresh look at the Constitution’s Seventh Schedule and hinted at the need to fill an ‘institutional vacuum’ created by the abolition of the Planning Commission.
Concept
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The Constitution provides for a three-fold distribution of legislative subjects between the Union and the states, viz., List-I (the Union List), List-II (the State List) and List-III (the Concurrent List), described in this schedule: Union List: This List contains matters of national importance and the matters which require uniformity of legislation nationwide. This list has at present 100 subjects (originally 97) like defence, naturalisation & citizenship (entry 17), banking, foreign affairs, atomic energy, communication, census, etc. State List: This List contains matters of regional and local importance which require state-specific solution and the matters which permit diversity of interest. It presently contains 61 subjects (originally 66 subjects) like public order, police, public health and sanitation, agriculture, local government, gambling, etc. Concurrent List: This List contains matters on which uniformity of legislation throughout the country is desirable but is not essential. This List at present has 52 subjects (originally 47 subjects) like criminal law and procedure, civil procedure, marriage and divorce, population control and family planning, electricity, economic and social planning, etc.
21.Agriculture: Division of power between states and the Centre by the Constitution
Context India has been witnessing a month-long farmers’ protest over three farm acts passed by the Parliament. One of the issues in whole saga has been “agriculture” as a subject which is majorly in states subject list is being encroached by the Centre.
Concept: The Constitution under article 246 divides subject in three lists: 1) Union list with exclusive power of legislation to the Parliament. Ex- Defence, Citizenship etc. 2) State list: Exclusive power to the state legislatures in normal circumstances (Exception examples are like Emergency). Ex- Policing, Public order etc. 3) Concurrent List: Both can make laws with the Parliament having overriding power. Ex- Education
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4) Residuary list: Any subject not in above list to be legislated by the Parliament. Agriculture subjects under state list: Entry 14: Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases energy; Entry 18: Rights in or over land, land tenures, rents, transfer agricultural land, agricultural loans, etc. Entry 26: Trade and commerce within the State subject to the provisions of entry 33 of List III or concurrent list (Trade and commerce in, and the production, supply and distribution of … b) foodstuffs, including edible oilseeds and oils) Entry28: Markets and fairs Entry 30: Money-lending and money-lenders; Entry 45: Land revenue, land records, etc.) Entry 46: Taxes on agricultural income Entry 47: Succession of agricultural land Entry 48: Estate duty in respect of agricultural land Entry52: Taxes on the entry of goods in to a local area for consumption, use or Sale therein Concurrent List: Entry 6 mentions transfer of property other than agricultural land; Entry 7 is about various contracts not relating to agricultural land; and Entry 41 deals with evacuee property, including agricultural land. Parliament enacted law for contract farming, inter-state commerce as in farm laws under the entry 33 of the concurrent list: Trade and commerce in, and the production, supply and distribution of … b) Foodstuffs, including edible oilseeds and oils) The committees headed by Ashok Dalwai and Ramesh Chand recommended that ‘agricultural market’ be entered in the Concurrent List.
22.Law Commission
Context: The Supreme Court asked the Home and Law Ministries to explain the nearly three-yearlong lapse in making appointments to the Law Commission.
Concept:
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The Law Commission of India is a non-statutory body constituted by the Government of India from time to time. The first Law Commission of independent India was established in 1955 for a three-year term. Since then, twenty one more Commissions have been established. The first Law Commission was established during the British Raj era in 1834 by the Charter Act of 1833 and was chaired by Lord Macaulay. It works as an advisory body to the Ministry of Law and Justice. The Law Commission undertakes research in law and review of existing laws in India for making reforms therein and enacting new legislations on a reference made to it by the Central Government or suo-motu.
23.Preamble
Context Invoking the Preamble in times of protest.
Concept The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose, principles and philosophy of the constitution. The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947. Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts as an aid during the interpretation of Articles when language is found ambiguous. Preamble gives an idea about the following : (1) the source of the constitution, (2) nature of Indian state (3) a statement of its objectives and (4) the date of its adoption.
Components of Preamble It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India. Preamble declares India to be a sovereign, socialist, secular and democratic republic.
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The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation. The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.
Key words in the Preamble We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power. Sovereign: The term means that India has its own independent authority and it is not a dominion of any other external power. In the country, the legislature has the power to make laws which are subject to certain limitations. Socialist: The term means the achievement of socialist ends through democratic means. It holds faith in a mixed economy where both private and public sectors co-exist side by side. It was added in the Preamble by 42nd Amendment, 1976. Secular: The term means that all the religions in India get equal respect, protection and support from the state. It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976. Democratic: The term implies that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election. Republic: The term indicates that the head of the state is elected by the people. In India, the President of India is the elected head of the state.
Amendment of the Preamble 42nd Amendment Act, 1976: After the judgment of the Kesavanand Bharati case, it was accepted that the preamble is part of the Constitution. As a part of the Constitution, preamble can be amended under Article 368 of the Constitution, but the basic structure of the preamble can not be amended.
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Because the structure of the Constitution is based on the basic elements of the Preamble. As of now, the preamble is only amended once through the 42nd Amendment Act, 1976. The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through 42ndAmendment Act, 1976. ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’. ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.
24.Ninth Schedule
Context The Supreme Court on Tuesday agreed to examine a petition seeking an immediate stay on the implementation of a Tamil Nadu law that allows 69% quota in educational institutions and government jobs in the State.
Concept Tamil Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of appointments or posts in the Services under the State) Act of 1993 is protected under the ninth Schedule of the Constitution from judicial review. Section 4 of the Act provides 30% reservation to the Backward Classes, 20% for the Most Backward Classes and de-notified communities, 18% for the Scheduled Castes and 1% for the Scheduled Tribes. Thus, a total of 69% reservation is provided.
Ninth Schedule The Schedule contains a list of central and state laws which cannot be challenged in courts and was added by the Constitution (First Amendment) Act, 1951. The first Amendment added 13 laws to the Schedule. Subsequent amendments in various years have taken the number of protected laws to 284 currently. It was created by the new Article 31B, which along with Article 31A was brought in by the government to protect laws related to agrarian reform and for abolishing the Zamindari system.
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While Article 31A extends protection to ‘classes’ of laws, Article 31B shields specific laws or enactments. While most of the laws protected under the Schedule concern agriculture/land issues, the list includes other subjects. Article 31B also has a retrospective operation which means that if laws are inserted in the Ninth Schedule after they are declared unconstitutional, they are considered to have been in the Schedule since their commencement, and thus valid. Although Article 31B excludes judicial review, the apex court has said in the past that even laws under the Ninth Schedule would be open to scrutiny if they violated Fundamental Rights or the basic structure of the Constitution.
25.Sedition Law
Context The Supreme Court on Tuesday protected Congress leader Shashi Tharoor and six senior journalists from arrest in multiple sedition FIRs registered against them for allegedly tweeting and sharing unverified news.
Concept Sedition, which falls under Section 124A of the Indian Penal Code, is defined as any action that brings or attempts to bring hatred or contempt towards the government of India and has been illegal in India since 1870.
Historical Background of Sedition Law: Sedition laws were enacted in 17th century England when lawmakers believed that only good opinions of the government should survive, as bad opinions were detrimental to the government and monarchy. This sentiment (and law) was borrowed and inserted into the Section 124A of IPC in 1870, by the British. British used Sedition law to convict and sentence freedom fighters. It was first used to prosecute Bal Gangadhar Tilak in 1897. Mahatama Gandhi, too, was later tried for sedition for his articles in Young India. Supreme Court Observations
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In 1962, the Supreme Court decided on the constitutionality of Section 124A in Kedar Nath Singh v State of Bihar. It upheld the constitutionality of sedition, but limited its application to “acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence”. It distinguished these from “very strong speech” or the use of “vigorous words” strongly critical of the government. In 1995, the Supreme Court, in Balwant Singh v State of Punjab, held that mere sloganeering which evoked no public response did not amount to sedition.
26.Writer’s Cramp and the Rights of Persons with Disabilities Act, 2016
Context To ensure equal opportunity to persons with disabilities, the Supreme Court on Thursday asked the Centre to ensure framing of proper guidelines within three months to regulate and facilitate the grant of scribe facility to candidates whose nature of disability imposes a barrier to writing an exam.
Concept The act is part of the state's welfare efforts Article 41 of the Directive Principles of State Policy (DPSP) which states that State shall make effective provision for securing right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, within the limits of its economic capacity and development. The court held that a civil services candidate with writer’s cramp – dysgraphia – was entitled to a scribe (overruling UPSC position that a scribe can be provided only if there was “benchmark disability” as set by the Ministry of Social Justice and Empowerment guidelines under the Act). The court applied the principle of reasonable accommodation as part of positive obligation of the State and private parties to provide additional support to persons with disabilities to facilitate their full and effective participation in society
About Writer’s Cramp
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It is a specific type of focal dystonia (neurologic movement disorder) that affects fingers, hand, or forearm. In this the brain sends incorrect information to the muscles, causing involuntary, excessive muscle contractions. It is a task-specific dystonia. It happens almost only when you perform a particular activity. Other highly skilled movements can incite focal hand dystonia — things like playing a musical instrument, typing or sewing. It is also known as musician’s cramp, focal hand dystonia, arm dystonia, finger dystonia. Symptoms usually appear between the ages of 30 and 50.
About the Rights of Persons with Disabilities Act, 2016: The Rights of Persons with Disabilities Act, 2016 It replaced the existing PwD Act, 1995. Disability has been defined based on an evolving and dynamic concept. The types of disabilities have been increased from existing 7 to 21 and the Central Government will have the power to add more types of disabilities. Speech and Language Disability and Specific Learning Disability have been added for the first time. Acid Attack Victims have been included. Dwarfism, muscular dystrophy have has been indicated as separate class of specified disability. The New categories of disabilities also included three blood disorders, Thalassemia, Hemophilia and Sickle Cell disease. Additional benefits such as reservation in higher education, government jobs, reservation in allocation of land, poverty alleviation schemes etc. have been provided for persons with benchmark disabilities and those with high support needs. Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education. Reservation in vacancies in government establishments has been increased from 3% to 4% for certain persons or class of persons with benchmark disability. The Act provides for grant of guardianship by District Court under which there will be joint decision – making between the guardian and the persons with disabilities.
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The Chief Commissioner for Persons with Disabilities and the State Commissioners will act as regulatory bodies and Grievance Redressal agencies and also monitor implementation of the Act. District level committees by the states to solve local concerns. National and State Fund will be created to provide financial support to the persons with disabilities.
27.Habeus Corpus
Context A report by the Forum on Human Rights in Jammu and Kashmir has concluded that the priority to counter-insurgency has vitiated protections like habeas corpus, prevention of illegal detention
Concept The SC (under Art 32) and the HC (under art 226) can issue writs (a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court) of Habeas Corpus, mandamus, prohibition, certiorari and Quo-Warranto.Further, the Parliament can authorize other courts to issue such writs (borrowed from Britain’sPrerogative Writs).
About Habeus Corpus It means “You may have the body”. Its purpose is to release a person who has been detained unlawfully whether in prison or in private custody. It is considered bulwark of individual liberty against arbitrary action. It is not issued when: Detention is lawful Proceeding is for contempt of legislature or a court. Detention is by a competent court It is outside the jurisdiction of the concerned court.
28.Overseas Citizen of India (OCI)
Context The government issued a consolidated list of rights that OCI enjoy.
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Concept The OCI scheme came with the amendment of the Citizenship Act in 2005. Further in 2015 it was merged with the PIO (Person of Indian Origin) card. Individuals who do not have citizenship of any other country are not eligible to gain an OCI status. Individuals whose parents or grandparents hold citizenship of Pakistan and Bangladesh are not eligible to apply.
The Ministry of Home Affairs defines an OCI as a person who: Was a citizen of India on or after 26th January 1950; or Was eligible to become a citizen of India on 26th January 1950; or Belong to a territory which became part of India after 15 august 1947; or Is a child or grandchild of such a person; or Is a minor child of the persons from any of the above category or either or both of the parents are citizens of India. For foreign origin spouse of the Citizen of India or An OCI card holder: 1) Whose marriage is registered 2) Married for more than two years before the date of application Benefits of OCI card: OCI cardholders can enter India multiple times, get a multipurpose lifelong visa to visit India, and are exempt from registering with Foreigners Regional Registration Office (FRRO). If an individual is registered as an OCI for a period of five years, he/she is eligible to apply for Indian citizenship. At all Indian international airports, OCI cardholders are provided with special immigration counters. OCI cardholders can open special bank accounts in India, buy the non-farm property and exercise ownership rights and can also apply for a Permanent Account Number (PAN) card. On par with the Indian nationals in the matter of domestic air fares, entry fees to monuments and public places. Parity with Non-Resident Indians (NRIs) in adoption of children, appearing in competitive exams, purchase or sale of immovable property barring agricultural land and farmhouses, and pursuing professions such as doctors, lawyers, architects, and chartered accountants
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Limitations OCI cardholders do not get voting rights, cannot hold a government job and purchase agricultural or farmland. They cannot travel to restricted areas without government permission. Need prior permission for a set of activities that include research, journalism, mountaineering, missionary or Tablighi work, and visits to restricted areas.
29.National Population Register
Context Centre likely to allow residents to fill their NPR details online.
Concept National Population Register It is a list of “usual residents of the country”. A “usual resident of the country” is one who has been residing in a local area for at least the last six months, or intends to stay in a particular location for the next six months. Legal Provisions: The NPR is being prepared under provisions of the Citizenship Act 1955 and the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003. It is mandatory for every “usual resident of India” to register in the NPR.
Background The data for the NPR was first collected in 2010 along with the house listing phase of Census 2011. In 2015, this data was further updated by conducting a door-to-door survey. However, with the use of Aadhaar as the key vehicle for transfer of government benefits in the last few years, the NPR has taken a backseat. Scope The NPR exercise is conducted at the local, sub-district, district, state and national levels.
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The NPR will collect both demographic data and biometric data. Biometric data will be updated through Aadhar details. In the 2010 exercise, the RGI had collected only demographic details. In 2015, it updated the data further with the mobile, Aadhaar and ration card numbers of residents. For the 2020 exercise, it has dropped the ration card number but added other categories. NPR and the NRC: Unlike the NRC, the NPR is not a citizenship enumeration drive, as it would record even a foreigner staying in a locality for more than six months. With the government insisting that the NRC would be implemented across the country, the NPR has raised anxieties around the idea of citizenship in the country. All this is happening in the backdrop of the NRC in Assam which has excluded 19 lakh among the 3.3 crore who had applied. NRC countrywide would only happen on the basis of the upcoming NPR. After a list of residents is created (i.e. NPR), a nationwide NRC could go about verifying the citizens from that list.
30.Right to Counsel in Custody
Context National Investigation Agency (NIA) told a special court in Mumbai that the arrested assistant police inspector Sachin Waze, now suspended from Mumbai Police, was not cooperating in the probe against him and was insisting on his lawyer being present during interrogation
Concept Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial.
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may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice." Section 41D of the Criminal Procedure Code (CrPC) states that an accused is entitled to “meet an advocate of his choice during interrogation, though not throughout interrogation” In 2011, the Supreme Court of India ruled that a court could not decide a case without a lawyer present for the defendant, and mandated that a court must appoint a lawyer when the defendant cannot afford one. Public legal assistance is provided through the National Legal Services Authority and state level legal services organizations. Courts appoint legal aid lawyers in both civil and criminal case
31.Prevention of Insults to National Honour Act
Context Cutting cake depicting national flag not unpatriotic or an insult , rules Madras High Court.
Concept The Prevention of Insults to National Honour Act, 1971 Prevent dishonour: The act was legislated to prevent dishonour to National symbols which shall include the Indian Constitution, National anthem and National Flag. Fundamental Duties: The Act is in consonance to Article 51 (A)(a) of the Indian Constitution which lays down the fundamental duty to respect and abide constitution, national anthem and national flag. It extends to the whole of India. Disqualification: President, Vice president, Prime minister, Speaker of the Lok Sabha, etc are liable for disqualification upon committing any violation of the constitution under this Act read with sections 7 & 8k of Representation of the People Act, 1951.
What are some of the punishable offences? On the matter of National Anthem:
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whoever intentionally prevents the singing of the Indian National Anthem or causes disturbance to any assembly engaged in such singing shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both. On the matter of national flag: Dipping the Indian National Flag in salute to any person or thing Using the Indian National Flag as a drapery in any form whatsoever except in state funerals Putting any kind of inscription upon the Indian National Flag; Allowing the Indian National Flag to touch the ground or the floor or trail in water intentionally Using the Indian National Flag as a receptacle for receiving, delivering or carrying anything except flower petals in state funerals Using the Indian National Flag as covering for a statue or a monument or a speaker’s desk or a speaker’s platform draping the Indian National Flag over the hood, top, and sides or back or on a vehicle, train, boat or an aircraft or any other similar object; using the Indian National Flag as a covering for a building; Intentionally displaying the Indian National Flag with the “saffron” down.
32.Concurrent List
Context Health should be shifted to the Concurrent list under the Constitution, and a developmental finance institution (DFI) dedicated to healthcare investments set up, Fifteenth Finance Commission Chairman N.K. Singh said on Friday.
Concept Article 246 adopts a threefold distribution of legislative power between the Union and the states. The subject-wise distribution of this power is given in the three lists of the Seventh Schedule of the constitution: List-I- the Union List List-II- the State List List-III- the Concurrent List
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Concurrent List: Both, the Parliament and state legislature can make laws with respect to any of the matters enumerated in the Concurrent List. It includes the matters on which uniformity of legislation throughout the country is desirable but not essential. However State legislation operates to the extent that it is not in conflict with the Central legislation. At times, the very presence of a central legislation can negate the state’s ability to legislate. This list has at present 52 subjects (originally 47) like criminal law and procedure, civil procedure, marriage and divorce, population control and family planning, electricity, labour welfare,economic and social planning, drugs, newspapers, books and printing press, and others. The 42nd Amendment Act of 1976 transferred five subjects to Concurrent List from State List i.e education, forests, weights and measures, protection of wild animals and birds, and administration of justice; constitution and organisation of all courts except the Supreme Court and the High Courts.
33.Uniform Civil Code
Context Chief Justice of India S A Bobde on Saturday hailed Goa's uniform civil code and said the state already has what the framers of the Constitution envisaged for the whole of India.
Concept
What is UCC? The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption. The code comes under Article 44 of the Constitution, which lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.
Background of Uniform Civil Code
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The origin of the UCC dates back to colonial India when the British government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts, specifically recommending that personal laws of Hindus and Muslims be kept outside such codification. Increase in legislation dealing with personal issues in the far end of the British rule forced the government to form the B N Rau Committee to codify Hindu law in 1941. Based on these recommendations, a bill was then adopted in 1956 as the Hindu Succession Act to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. However, there were separate personal laws for muslim, chirstian and Parsis. In order to bring uniformity, the courts have often said in their judgements that the government should move towards a uniform civil code. The judgement in the Shah Bano case is well known, but the courts have made the same point in several other major judgements. By arguing that practices such as triple talaq and polygamy impact adversely on the right of women to a life of dignity, the Centre has raised the question whether constitutional protection given to religious practices should extend even to those that are not in compliance with fundamental rights. UCC and Implications Protection to Vulnerable Section of Society: The UCC aims to provide protection to vulnerable sections as envisaged by Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity. Simplification of Laws: The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith. When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Sharia law, and others.
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Adhering to Ideal of Secularism: Secularism is the objective enshrined in the Preamble, a secular republic needs a common law for all citizens rather than differentiated rules based on religious practices. Gender Justice: India has separate sets of personal laws for each religion governing marriages, divorce, succession, adoption and maintenance. However, the rights of women are usually limited under religious law, be it Hindu or Muslim. The practice of triple talaq is a classic example. If a uniform civil code is enacted, all personal laws will cease to exist. It will do away with gender biases in Muslim law, Hindu law and Christian law that have been often challenged by women on the ground that they violate the right to equality.
34.Refugees and Illegal Immigrants
Context Last week, the Supreme Court appeared to accept the Centre’s contention that the Rohingya people in India are illegal immigrants, most of whom are in a detention camp inJammu, and others in Delhi. It said they should be deported according to procedures under theForeigners Act, 1946.
Concept Under the 1951 UN Convention on the Status of Refugees and the subsequent 1967.Protocol, the word refugee pertains to any person who is outside their country of origin and unable or unwilling to return owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion. Stateless persons may also be refugees in this sense, where country of origin (citizenship) is understood as ‘country of former habitual residence’. Under the Citizenship Act an “illegal migrant” is defined as a foreigner who has entered into India— Without a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf; or
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with a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf but remains therein beyond the permitted period of time. An illegal migrant is excluded from the acquisition of citizenship through birth, registration, or naturalization. There is no program to grant citizenship to illegal migrants or their children. India & UN convention India has welcomed refugees in the past, and on date, nearly 300,000 people here are categorised as refugees. But India is not a signatory to the 1951 UN Convention on the Status of Refugees and the subsequent 1967 Protocol. Nor does India have a refugee policy or a refugee law of its own. The closest India has come to a refugee policy in recent years is the Citizenship Amendment Act, 2019, which discriminates between refugees on the basis of religion in offering them Indian citizenship.
35.Right to protest in India: Is it a Fundamental Right?
Context Delhi High Court rebuked the Delhi Police for “casually” invoking provisions of the anti-terror law against the three accused, who had protested against the enactment of the Citizenship Amendment Act (CAA), noting that the line between the constitutionally guaranteed “right to protest” and “terrorist activity” had been blurred.
Concept
Right to Protest The right to protest is the manifestation of the right to freedom of assembly, the right to freedom of association, and the right to freedom of speech. The Constitution of India provides the right of freedom, given in Article 19 with the view of guaranteeing individual rights that were considered vital by the framers of the constitution.
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The Right to protest peacefully is enshrined in Article 19(1) (a) guarantees the freedom of speech and expression; Article 19(1) (b) assures citizens the right to assemble peaceably and without arms. Article 19(2) imposes reasonable restrictions on the right to assemble peaceably and without arms. Article 19(2) confers the right on the State to impose reasonable restrictions on the exercise of the freedom of speech and expression on the grounds of, Sovereignty and integrity of India, Security of the state, Friendly relations with foreign states, Public order, decency or morality, Contempt of court, defamation, and incitement to an offence.
36.Acquisition and Termination of Citizenship
Context The citizenship of fugitive businessman Mehul Choksi, whose purported ‘eloping’ to Dominica from Antigua where he had fled to escape the Indian law in 2018 after an alleged multi crore scam, holds the key to his extradition back home.
Concept The Citizenship Act, 1955 has rules for acquisition and loss of citizenship in India. Articles 5 to 11 in Part 2 of the Indian constitution have the provisions of citizenship.
Acquisition and Determination of Indian Citizenship There are four ways in which Indian citizenship can be acquired: birth, descent, registration and naturalisation. The provisions are listed under the Citizenship Act, 1955. By Birth: Every person born in India on or after 26.01.1950 but before 01.07.1987 is an Indian citizen irrespective of the nationality of his/her parents. Every person born in India between 01.07.1987 and 02.12.2004 is a citizen of India given either of his/her parents is a citizen of the country at the time of his/her birth.
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Every person born in India on or after 3.12.2004 is a citizen of the country given both his/her parents are Indians or at least one parent is a citizen and the other is not an illegal migrant at the time of birth. By Registration: Citizenship can also be acquired by registration. Some of the mandatory rules are: A person of Indian origin who has been a resident of India for 7 years before applying for registration. A person of Indian origin who is a resident of any country outside undivided India. A person who is married to an Indian citizen and is ordinarily resident for 7 years before applying for registration. Minor children of persons who are citizens of India. By Descent: A person born outside India on or after January 26, 1950 is a citizen of India by descent if his/her father was a citizen of India by birth. A person born outside India on or after December 10, 1992, but before December 3, 2004 if either of his/her parent was a citizen of India by birth. If a person born outside India or or after December 3, 2004 has to acquire citizenship, his/her parents have to declare that the minor does not hold a passport of another country and his/her birth is registered at an Indian consulate within one year of birth. By Naturalisation: A person can acquire citizenship by naturalisation if he/she is ordinarily resident of India for 12 years (throughout 12 months preceding the date of application and 11 years in the aggregate) and fulfils all qualifications in the third schedule of the Citizenship Act. The Act does not provide for dual citizenship or dual nationality. It only allows citizenship for a person listed under the provisions above ie: by birth, descent, registration or naturalisation.
Termination of Indian Citizenship The Citizenship Act, 1955 cites three reasons for the termination of citizenship; Voluntary Renunciation By Termination By Deprivation
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37.Article 19(1) (a)
Context A bench comprising Justices DY Chandrachud and MR Shah held that freedom of speech and expression under Article 19(1)(a) extends to reporting judicial proceedings as well.
Concept Article 19(1)(a) According to Article 19(1)(a): All citizens shall have the right to freedom of speech and expression. This implies that all citizens have the right to express their views and opinions freely. This includes not only words of mouth, but also a speech by way of writings, pictures, movies, banners, etc. The right to speech also includes the right not to speak. The Supreme Court of India has held that participation in sports is an expression of one’s self and hence, is a form of freedom of speech. In 2004, the SC held that hoisting the national flag is also a form of this freedom. Freedom of the press is an inferred freedom under this Article. This right also includes the right to access information because this right is meaningless when others are prevented from knowing/listening. It is according to this interpretation that the Right to Information (RTI) is a fundamental right. The SC has also ruled that freedom of speech is an inalienable right adjunct to the right to life (Article 21). These two rights are not separate but related. Restrictions on the freedom of speech of any citizen may be placed as much by an action of the state as by its inaction. This means that the failure of the State to guarantee this freedom to all classes of citizens will be a violation of their fundamental rights. The right to freedom of speech and expression also includes the right to communicate, print and advertise information.
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This right also includes commercial as well as artistic speech and expression.
38.Literacy numeracy mission deadline pushed to 2027
Context: No extra funds for the goal (NEP) , money are allocated from Samagra Shiksha Abhiyan
Concept: SamagraShiksha is an integrated scheme for school education extending from preschool to class XII to ensure inclusive and equitable quality education at all levels of school education. It subsumes the three Schemes of SarvaShikshaAbhiyan (SSA), RashtriyaMadhyamikShikshaAbhiyan (RMSA) and Teacher Education (TE). The scheme treats school education holistically as a continuum from Pre- school to Class 12. The main emphasis of the Scheme is on improving the quality of school education by focussing on the two T’s – Teacher and Technology.
Funding Pattern: The Scheme is being implemented as a Centrally Sponsored Scheme. The fund sharing pattern for the scheme between Centre and States is at present in the ratio of 90:10 for the North-Eastern States and the Himalayan States and 60:40 for all other States and Union Territories with Legislature. It is 100% centrally sponsored for Union Territories without Legislature. The scheme also proposes to give flexibility to the States and UTs to plan and prioritize their interventions within the scheme norms and the overall resource envelope available to them.
39.NIPUN Bharat Mission
Context
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Recently, the Ministry of Education has announced that it will launch NIPUN Bharat Mission.
Concept:
NIPUN Bharat It is a National Initiative for Proficiency in Reading with Understanding and Numeracy (NIPUN Bharat). It marks an important step undertaken by the Department of School Education and Literacy, among a series of measures taken for implementation of the National Education Policy 2020. Its vision is to create an enabling environment to ensure universal acquisition of foundational literacy and numeracy. Its primary focus will be on that every child achieves the desired learning competencies in reading, writing and numeracy by the end of Grade 3, by 2026-27. It will be implemented by the Department of School Education and Literacy. Under the mission, a five-tier implementation mechanism will be set up at the National- State- District- Block- School level in all States and UTs, under the aegis of the centrally sponsored scheme of Samagra Shiksha. It will help in improving the overall education and literacy standards in the country.
40.Project BOLD to Boost Tribals
Context: Recently, the Ministry of Micro, Small & Medium Enterprises (MSMEs) has announced a Project BOLD in order to boost tribals’ lives and livelihoods.
Concept:
Project BOLD It is a unique initiative of Khadi and Village Industries Commission (KVIC). It is named as “Bamboo Oasis on Lands in Drought” (BOLD). It is the first of its kind exercise in India which was launched from the tribal village Nichla Mandwa in Udaipur, Rajasthan.
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Under the project, 5000 saplings of special bamboo species i.e. Bambusa Tulda and Bambusa Polymorpha have been planted over 16 acres approx. of vacant arid Gram Panchayat land. About KVIC It is a statutory body established by an Act of Parliament in 1956. It is under the administrative control of Ministry of Micro, Small & Medium Enterprises (MSMEs). The broad objectives that the KVIC has set before it are: The social objective of providing employment; The economic objective of producing saleable articles; and The wider objective of creating self-reliance amongst the poor and building up of a strong rural community spirit It is charged with the planning, promotion, organisation and implementation of programs for the development of Khadi and other village industries in the rural areas.
41.Rajasthan’s education guidelines irk NCPCR
Context National Commission for Protection of Child Rights (NCPCR) has pulled up the Rajasthan government for its new guidelines on elementary education.
Concept NCPCR said the new guidelines “violate” the Right to Education Act of 2009 and deny children from economically weaker sections the right to free education in nursery classes. The guidelines state that admissions to private schools under the RTE Act, 2009, for the 2020-21 academic year will take place only from class 1 or above, and that the law’s provisions will not be applicable for pre- schoolers. This is in contravention of the RTE Act 2009, which states that private schools will have to admit, “to the extent of at least twenty five per cent of the strength of that class, children belonging toweaker section and disadvantaged group in the neighbourhood and provide free and compulsory education till its completion.”
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The guidelines also violate the RTE Act insofar as they recommend the age of admission to be “5 years or above but less than 7 years as of 31st March 2020.” However, under the Central law there is no such restriction and a “male or female child of the age of six to fourteen years” can seek admission.
Under the RTE Act, 2009, the NCPCR can: inquire into complaints about violation of the law. summon an individual and demand evidence. seek a magisterial enquiry. file a writ petition in the High Court or Supreme Court. approach the government concerned for prosecution of the offender. recommend interim relief to those affected.
About NCPCR: Set up in March 2007 under the Commission for Protection of Child Rights Act, 2005. It works under the administrative control of the Ministry of Women & Child Development. The Commission’s Mandate is to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of the Child.
Composition: This commission has a chairperson and six members of which at least two should be women. All of them are appointed by Central Government for three years. The maximum age to serve in commission is 65 years for Chairman and 60 years for members.
42.Amending Procedure of Constitution
Concept Part XX of the Constitution deals with its amendment.
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Under Article 368(2), Parliament can amend the Constitution by passing a Bill in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. Thereafter, the Bill shall be presented to the President who shall give his assent… and thereupon the Constitution shall stand amended. Parliament cannot amend those provisions which form the basic structure of the Constitution according to the Supreme Court ruling in the landmark 1973 KesavanandaBharati case. FRs and DPSPs are the two most important provisions that can be amended by the special majority. All provisions that do not require ratification by states, and those that come directly under the purview of Article 368, have to be amended by the special majority. Various Procedures for Amendments
[I] Simple Majority A large number of provisions contained in the constitution are open to change by a simple majority. These may be divided into two classes: 1. Where the text of the constitution is not altered but the law is changed Article 11 confers on the Parliament power to enact a law regarding citizenship. An Act made in pursuance of that power will change the law relating to citizenship without altering the text of Article 5 to 10. Article 124 still refers to the Supreme Court as consisting of the Chief justice and 7 judges. But in exercise of its power the Parliament has increased the strength of the judges from 7 to 25. 2. Where the text of the constitution is changed Formation of new state. Creation or abolition of legislative council Creation of council of ministers for Union territories Extending the period of 15 years fixed for the use of English in Article 343 Defining Parliamentary privileges Salaries and allowances of President, Vice-President, Judges, etc. [II] Special Majority
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Except those provisions which are amendable by an ordinary majority, the rest of the provisions require a special majority for amendment. The Amendment Bill must be passed by a majority of two-thirds of the members of each House present and voting and such majority must exceed 50% of the total membership of the House. [III] Special Majority and Ratification by half of the States Those provisions which relate to the federal structure of the constitution require special majority in Parliament as well as ratification by at least half of the state legislatures. This procedure is required in the following provisions: Manner of election of President Executive power of the Union and the State The Supreme Court and the High Courts Distribution of legislative power between the Union and the States Representation of states in Parliament Article 368 itself
43.Land rights
Context To a query on whether it is a fact that the government has recognised the land rights as human rights, Singh said that as per inputs provided by the home ministry, there is no document in custody which shows that land rights has been recognised as human rights.
Concept There is no document in custody which shows that land rights has been recognised as human rights. As per Section 2(d) of the Protection of Human Rights Act, 1993, ‘human rights’ means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution of India or embodied in the international covenants and enforceable by courts in India. Article 17 of the Universal Declaration of Human Rights (UDHR) states: Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property.
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Supreme Courts View The Supreme Court has recently held that a citizen’s right to own private property is a human right and the state cannot take possession of it without following due procedure and authority of law. The state cannot trespass into the private property of a citizen and then claim ownership of the land in the name of ‘adverse possession’. Grabbing private land and then claiming it as its own makes the state an encroacher. In a welfare state, right to property is a human right. A welfare state cannot be permitted to take the plea of adverse possession, which allows a trespasser i.e. a person guilty of a tort, or even a crime, to gain legal title over such property for over 12 years. The State cannot be permitted to perfect its title over the land by invoking the doctrine of adverse possession to grab the property of its own citizens.
Right to Property ‘Right to private property was previously a fundamental right’ under Article 31 of the Constitution. Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978. Nevertheless, Article 300A required the state to follow due procedure and authority of law to deprive a person of his or her private property. The right to property is now considered to be not only a constitutional or statutory right, but also a human right.
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Parliament and State Legislature 44.Article 275(I) and Van Dhan Scheme
Context: Tribal people due to lack of market access have been severely affected by COVID pandemic. As relief Central government announced expanded coverage of PM Van Dhan Yojana current 18,000 SHGS to 50,000 Van Dhan SHGS. Coverage to 10 lakh tribal gatherers through the Covid19 relief plan of the Ministry of Tribal Affairs under article 275(I).
Concept:
Van Dhan Vikas Karyakram The programme launched in 2018 aims to tap into the traditional knowledge and skill sets of tribal people by adding technology and Information Technology for upgradation of output at each stage and to convert the tribal wisdom into a remunerative economic activity.
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Van Dhan Vikas Karyakram seeks to promote and leverage the collective strength of tribal people to achieve a viable scale The proposition is to set-up tribal community owned MFP-centric multi- purpose Van Dhan Vikas Kendras (the Kendra) in predominantly tribal districts. About 3000 Van Dhan Kendras are proposed to be set up in span of 2 years i.e. 1500 Kendras to be set-up in each year. Each Kendra would act as common facility centres for procurement cum value addition to locally available MFPs and skill based handicraft. A typical Van Dhan Vikas Kendra shall constitute of 10 tribal Van Dhan Vikas Self Help Groups (SHG), each comprising of upto 30 MFP gatherers or tribal handicraft artisans
Article 275(1) Under Article 275, the parliament is authorized to provide grants-in-aid to any state as parliament may determine to be in need of assistance, and different sums may be fixed for different States.
45.Rajya Sabha elections
Context: Voting for 18 Rajya Sabha seats which deferred due to the nationwide lockdown held on June 19.
Concept: Members of Rajya Sabha are elected by the elected members of the Assemblies of States and Union territories in accordance with the system of proportional representation by means of the single transferable vote. Parliament passed a law in 2003 requiring MLAs to show their votes to their party before voting in a Rajya Sabha election, which made it open ballot. In 2003, Representation of People Act amended to done away with domicile requirement. In 2006, the Supreme Court said that the practice of cross voting would not attract the penalty under the anti-defection law.
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Context: Rajasthan cabinet wants to have assembly session to prove majority.
Concept: A floor test is a motion initiated by the government seeking to know if it enjoys the confidence of the legislature. As part of this procedure, the chief minister appointed by the governor will be asked to prove majority on the Legislative Assembly. When a floor test is called for in the assembly of a state, the chief minister will move a vote of confidence and prove that he has the majority support. If the floor test fails, fails, the government will have to resign.
47.Question Hour and Zero Hour
Context:
Lok Sabha and Rajya Sabha secretariats notified that there will be no Question Hour during the Monsoon Session of Parliament in view of the Covid- 19 pandemic, and that Zero Hour will be restricted in both Houses
Concept:
Question Hour
The first hour of every parliamentary sitting is slotted for this.
Question Hour is the liveliest hour in Parliament. It is during this one hour that Members of Parliament ask questions of ministers and hold them accountable for the functioning of their ministries.
The questions that MPs ask are designed to elicit information and trigger suitable action by ministries.
The questions are of three kinds, namely, starred, unstarred and short notice.
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Parliament has comprehensive rules for dealing with every aspect of Question Hour.
And the presiding officers of the two houses are the final authority with respect to the conduct of Question Hour
Zero Hour
Unlike the question hour, the zero hour is not mentioned in the Rules of Procedure.
Thus it is an informal device available to the members of the Parliament to raise matters without any prior notice.
The zero hour starts immediately after the question hour and lasts until the agenda for the day (ie, regular business of the House) is taken up.
In other words, the time gap between the question hour and the agenda is known as zero hour. It is an Indian innovation in the field of parliamentary procedures and has been in existence since 1962.
48.Rajya Sabha Deputy Chairman
Context:
Opposition parties is going to field a joint candidate for the post of Deputy Chairman of the Rayja Sabha, the Congress decided after a virtual meeting of its parliamentary strategy group (PSG).
Concept:
The Deputy Chairman is elected by the Rajya Sabha itself from amongst its members. Whenever the office of the Deputy Chairman falls vacant, the Rajya Sabha elects another member to fill the vacancy.
The Deputy Chairman vacates his office in any of the following three cases:
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o if he ceases to be a member of the Rajya Sabha;
o if he resigns by writing to the Chairman; and
o if he is removed by a resolution passed by a majority of all the members of the Rajya Sabha. Such a resolution can be moved only after giving 14 days advance notice.
The Deputy Chairman performs the duties of the Chairman’s office when it is vacant or when the Vice-President acts as President or discharges the functions of the President. He also acts as the Chairman when the latter is absent from the sitting of the House. In both the cases, he has all the powers of the Chairman.
It should be emphasised here that the Deputy Chairman is not subordinate to the Chairman. He is directly responsible to the Rajya Sabha.
Like the Chairman, the Deputy Chairman, while presiding over the House, cannot vote in the first instance; he can only exercise a casting vote in the case of a tie.
Further, when a resolution for the removal of the Deputy Chairman is under consideration of the House, he cannot preside over a sitting of the House, though he may be present.
When the Chairman presides over the House, the Deputy Chairman is like any other ordinary member of the House. He can speak in the House, participate in its proceedings and vote on any question before the House.
Like the Chairman, the Deputy Chairman is also entitled to a regular salary and allowance. They are fixed by Parliament and are charged on the Consolidated Fund of India.
49.Adjournment motion
Context:
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Congress moved an adjournment motion notice in the Lok Sabha over the “surveillance” of key Indian personalities, including the President and Prime Minister, by a firm linked to the Chinese government
Concept:
It is introduced in the Parliament to draw attention of the House to a definite matter of urgent public importance, and needs the support of 50 members to be admitted.
As it interrupts the normal business of the House, it is regarded as an extraordinary device. It involves an element of censure against the government and hence Rajya Sabha is not permitted to make use of this device.
The discussion on an adjournment motion should last for not less than two hours and thirty minutes.
The right to move a motion for an adjournment of the business of the House is subject to the following restrictions:
1. It should raise a matter which is definite, factual, urgent and of public importance;
2. It should not cover more than one matter;
3. It should be restricted to a specific matter of recent occurrence and should not be framed in general terms;
4. It should not raise a question of privilege;
5. It should not revive discussion on a matter that has been discussed in the same session;
6. It should not deal with any matter that is under adjudication by court; and
7. It should not raise any question that can be raised on a distinct motion.
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50.Speaker role and adjournment
Context:
Lok Sabha Speaker obliged to demand for adjournment of the House. The request was made as several Opposition members were on a sit-in protest in Rajya Sabha, which would have meant that MPs allocated seats there on account of social distancing protocol would not have been able to take their places.
Concept:
The Speaker is elected by the Lok Sabha from amongst its members (as soon as may be, after its first sitting).
Whenever the office of the Speaker falls vacant, the Lok Sabha elects another member to fill the vacancy. The date of election of the Speaker is fixed by the President.
Usually, the Speaker remains in office during the life of the Lok Sabha. However, he has to vacate his office earlier in any of the following three cases:
o if he ceases to be a member of the Lok Sabha;
o if he resigns by writing to the Deputy Speaker; and
o if he is removed by a resolution passed by a majority of all the members of the Lok Sabha. Such a resolution can be moved only after giving 14 days advance notice.
When a resolution for the removal of the Speaker is under consideration of the House, he cannot preside at the sitting of the House, though he may be present. However, he can speak and take part in the proceedings of the House at such a time and vote in the first instance, though not in the case of an equality of votes.
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It should be noted here that, whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly- elected Lok Sabha meets.
The Speaker is the head of the Lok Sabha, and its representative. He is the guardian of powers and privileges of the members, the House as a whole and its committees. He is the principal spokesman of the House, and his decision in all Parliamentary matters is final. He is thus much more than merely the presiding officer of the Lok Sabha.
The Speaker of the Lok Sabha derives his powers and duties from three sources, that is, the Constitution of India, the Rules of Procedure and Conduct of Business of Lok Sabha, and Parliamentary Conventions (residuary powers that are unwritten or unspecified in the Rules).
Altogether, he has the following powers and duties:
o He maintains order and decorum in the House for conducting its business and regulating its proceedings. This is his primary responsibility and he has final power in this regard.
o He is the final interpreter of the provisions of (a) the Constitution of India, (b) the Rules of Procedure and Conduct of Business of Lok Sabha, and (c) the parliamentary precedents, within the House.
o He adjourns the House or suspends the meeting in absence of a quorum. The quorum to constitute a meeting of the House is one-tenth of the total strength of the House
o He does not vote in the first instance. But he can exercise a casting vote in the case of a tie. In other words, only when the House is divided equally on any question, the Speaker is entitled to vote. Such vote is called casting vote, and its purpose is to resolve a deadlock.
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o He presides over a joint setting of the two Houses of Parliament. Such a sitting is summoned by the President to settle a deadlock between the two Houses on a bill.
o He can allow a ‘secret’ sitting of the House at the request of the Leader of the House. When the House sits in secret, no stranger can be present in the chamber, lobby or galleries except with the permission of the Speaker.
o He decides whether a bill is a money bill or not and his decision on this question is final. When a money bill is transmitted to the Rajya Sabha for recommendation and presented to the President for assent, the Speaker endorses on the bill his certificate that it is a money bill.
o He decides the questions of disqualification of a member of the Lok Sabha, arising on the ground of defection under the provisions of the Tenth Schedule. In 1992, the Supreme Court ruled that the decision of the Speaker in this regard is subject to judicial review.
o He acts as the ex-officio chairman of the Indian Parliamentary Group of the Inter- Parliamentary Union. He also acts as the ex-officio chairman of the conference of presiding officers of legislative bodies in the country.
o He appoints the chairman of all the parliamentary committees of the Lok Sabha and supervises their functioning. He himself is the chairman of the Business Advisory Committee, the Rules Committee and the General Purpose Committee.
51.Voice Vote and division
Context:
Rajya Sabha passes two farm bills by voice vote amid opposition protests
Concept:
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Both the concepts of a voice vote as well as a division have been borrowed from the Parliament of the United Kingdom and were already in use in legislatures in British India.
A voice vote involves the speaker putting a question to the house and then asking the house to put forward its opinion in the forms of ayes (yes) or noes. Based on a rough measure of which side was louder, the speaker decides if the motion was passed or fell through.
The obvious advantage of a voice vote is that it is quick. The apparent disadvantage is that it is inaccurate, given that the speakers decides what the opinion of the house is based on which side is louder. A literal shouting match is not the ideal way to conduct any serious business other than in cases where voting is so one sided, it is basically a formality.
Due to this, parliamentary procedure requires that if a voice vote is challenged by any member, the speaker must ask for a division.
This once involved the physical separation of legislators and then a counting of heads – a procedure still followed in the UK. But nowadays in India, this is achieved by getting MPs and MLAs to vote electronically.
The advantage of a division, of course, is that it tells the public exactly what the vote count is. Moreover, it lets constituents know how their MP or MLA voted.
52.Suspension of MPs
Context:
Eight Rajya Sabha MPs were suspended for unruly behaviour in the House the previous day (September 20). The motion was passed by a voice vote.
Concept:
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The general principle is that it is the role and duty of the Presiding Officer Speaker of Lok Sabha and Chairman of Rajya Sabha to maintain order so that the House can function smoothly.
The suspension of the eight members comes a day after the Upper House witnessed massive unruly scenes by protesting Opposition members during the passage of two farm Bills.
In order to ensure that proceedings are conducted in the proper manner, the Speaker/Chairman is empowered to force a Member to withdraw from the House.
In Lok sabha
Rule Number 373 of the Rules of Procedure and Conduct of Business says that the Speaker is of the opinion that the conduct of any Member is grossly disorderly, may direct such Member to withdraw immediately from the House, and any Member so ordered to withdraw shall do so forthwith and shall remain absent during the remainder of the day’s sitting.
To deal with more recalcitrant Members, the Speaker makes take recourse to Rules 374 and 374A.
The Speaker may, if deems it necessary, name a Member who disregards the authority of the Chair or abuses the rules of the House by persistently and wilfully obstructing the business thereof. If a Member is so named by the Speaker, the Speaker shall, on a motion being made forthwith put the question that the Member (naming such Member) be suspended from the service of the House for a period not exceeding the remainder of the session: Provided that the House may, at any time, on a motion being made, resolve that such suspension be terminated. A member suspended under this rule shall forthwith withdraw from the precincts of the House.
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According to Rule 374A: Notwithstanding anything contained in rules 373 and 374, in the event of grave disorder occasioned by a Member coming into the well of the House or abusing the Rules of the House persistently and wilfully obstructing its business by shouting slogans or otherwise, such Member shall, on being named by the Speaker, stand automatically suspended from the service of the House for five consecutive sittings or the remainder of the session, whichever is less: Provided that the House may, at any time, on a motion being made, resolve that such suspension be terminated.
In Rajya Sabha
Chairman of Rajya Sabha is empowered under Rule Number 255 of its Rule Book to “direct any Member whose conduct is in his opinion grossly disorderly to withdraw immediately” from the House.
Unlike the Speaker, however, the Rajya Sabha Chairman does not have the power to suspend a Member. The House may, by another motion, terminate the suspension.
The Chairman may “name a Member who disregards the authority of the Chair or abuses the rules of the Council by persistently and wilfully obstructing” business. In such a situation, the House may adopt a motion suspending the Member from the service of the House for a period not exceeding the remainder of the session.
53.Election to legislative Council
Concept
Article 169: The Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist) by a simple majority, that is, a majority of the members of each House present and voting, if the legislative assembly of the concerned state, by a special majority, passes a resolution to that effect. 77 | P a g e OPTIMIZE IAS
Special majority implies, a majority of the total membership of the assembly and majority of not less than two-thirds of the members of the assembly present and voting.
Composition: Under Article 171 of the Constitution, the Legislative Council of a state shall not have more than one-third of the total strength of the State Assembly, and not less than 40 members. Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution. The tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the members retiring every two years.
Manner of Election: One-third of the MLCs are elected by the state’s MLAs, Another 1/3rd by a special electorate comprising sitting members of local governments such as municipalities and district boards, 1/12th by an electorate of teachers and another 1/12th by registered graduates. The remaining members are appointed by the Governor for distinguished services in various fields namely, literature, science, art, cooperative movement and social service.
LC vis-à-vis Rajya Sabha: The legislative power of the Councils are limited. Unlike Rajya Sabha which has substantial powers to shape non-financial legislation, Legislative Councils lack a constitutional mandate to do so. Assemblies can override suggestions/amendments made to legislation by the Council. Again, unlike Rajya Sabha MPs, MLCs cannot vote in elections for the President and Vice President. The Vice President is the Rajya Sabha Chairperson while a member from the Council itself is chosen as the Council Chairperson.
54.No Confidence Motion
Context
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Stating that he intends to move a no-confidence motion against the BJP-JJP government in Haryana, former chief minister has written to Governor.
Concept A no-confidence motion is a parliamentary motion which is moved in the Lok Sabha against the entire council of ministers, stating that they are no longer deemed fit to hold positions of responsibility due to their inadequacy in some respect or their failure to carry out their obligations. No prior reason needs to be stated for its adoption in the Lok Sabha.
Procedure to move a “No Confidence Motion”: A motion of “No Confidence Motion” against the Government can be introduced only in the Lok Sabha under rule 198. The Constitution of India does not mention about either a Confidence or a No Confidence Motion. Although, Article 75 does specify that the Council of Ministers shall be collectively responsible to the Lok Sabha. A motion of No Confidence can be admitted when a minimum of 50 members, support the motion in the house. The Speaker then, once satisfied that the motion is in order, will ask the House if the motion can be adopted. If the motion is passed in the house, the Government is bound to vacate the office. A no-confidence motion needs a majority vote to pass the House. If individuals or parties abstain from voting, those numbers will be removed from the overall strength of the House and then the majority will be taken into account.
55.Breach of Privilege
Context Maharashtra legislator submitted a letter to the state legislature secretariat seeking admission of his breach of privilege notice against print and electronic media outlets for defaming him.
Concept
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Parliamentary privileges are certain rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can effectively discharge their functions. Parliamentary privileges are defined in Article 105 of the Indian Constitution and those of State legislatures in Article 194. When any of these rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under law of Parliament. Besides, Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook govern privilege.
Privileges of Parliamentarians: Freedom of Speech: According to the Indian Constitution, the members of Parliament enjoy freedom of speech and expression. No member can be taken to task anywhere outside the four walls of the House (e.g. court of law) or cannot be discriminated against for expressing his/her views in the House and its Committees. Freedom from Arrest:It is understood that no member shall be arrested in a civil case 40 days before and after the adjournment of the House (Lok Sabha or Rajya Sabha) and also when the House is in session. It also means that no member can be arrested within the precincts of the Parliament without the permission of the House to which he/she belongs. Exemption from attendance as witnesses:The members of Parliament also enjoy freedom from attendance as witnesses.
Privileges of Parliament:
Right to publish debates and proceedings: Though by convention, the Parliament does not prohibit the press to publish its proceedings, yet technically the House has every such right to forbid such publication. Again, while a member has the privilege of freedom of speech in Parliament, he has no right to publish it outside Parliament. Anyone violating this rule can be held responsible for any libellous matter it may contain under the common law rules. Right to exclude strangers:
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Each house of Parliament enjoys the right to exclude strangers (non- members or visitors) from the galleries at any time and to resolve to debate with closed doors.
Right to punish members and outsiders for breach of its privileges: In India, the Parliament has been given punitive powers to punish those who are adjudged guilty of contempt of the House. Such contempt can be committed by the members of any House or any outsider. When a member of the House is involved for parliamentary misbehaviour or commits contempt he can be expelled from the House.
Right to regulate the internal affairs of the House: The House has the right to regulate its internal affairs. A member of the House is free to say whatever he likes subject only to the internal discipline of the House or the Committee concerned.
Privileges committee In the Lok Sabha, the Speaker nominates a committee of privileges consisting of 15 members as per respective party strengths. A report is then presented to the House for its consideration. The Speaker may permit a half-hour debate while considering the report. The Speaker may then pass final orders or direct that the report be tabled before the House. A resolution may then be moved relating to the breach of privilege that has to be unanimously passed. In the Rajya Sabha, the deputy chairperson heads the committee of privileges, that consists of 10 members.
56.Summoning of Parliament
Context In response to a letter from the Congress leader in Lok Sabha seeking a short session of Parliament to discuss the new farm laws, Parliamentary Affairs Minister has said that some opposition parties “have expressed concerns about the ongoing pandemic and opined of doing away with winter session”. Concept
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The power to convene a session of Parliament rests with the government. The decision is taken by the Cabinet Committee on Parliamentary Affairs, which currently comprises nine ministers, including those for Defence, Home, Finance, and Law. The decision of the Committee is formalised by the President, in whose name MPs are summoned to meet for a session. Cabinet Committee on Parliamentary Affairs: This committee draws the schedule for Parliament sessions and monitors the progress of government business in Parliament. It scrutinises non- government business and decides which official Bills and resolutions are to be presented. Summoning of Parliament The summoning of Parliament is specified in Article 85 of the Constitution. Like many other articles, it is based on a provision of The Government of India Act, 1935. Summoning is the process of calling all members of the Parliament to meet. The President summons each House of the Parliament from time to time. The gap between two sessions of the Parliament cannot exceed 6 months, which means the Parliament meets at least two times in one year. However, the constitution does not prevent the legislature from being summoned more often than what has been provided.
57.Supplementary Grants
Context With the Winter Session of Parliament standing cancelled, Central ministries, departments lose access to supplementary demands for grants.
Concept Article 115: Supplementary, additional or excess grants. Supplementary grants are the additional grant required to meet the required expenditure of the government. When grants, authorised by the Parliament, fall short of the required expenditure, an estimate is presented before the Parliament for Supplementary or Additional grants.These grants are presented and passed by the Parliament before the end of the financial year.
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When actual expenditure incurred exceeds the approved grants of the Parliament, the Ministry of Finance and Ministry of Railways presents a Demand for Excess Grant. The Comptroller and Auditor General of India bring such excesses to the notice of the Parliament. The Public Accounts Committee examines these excesses and gives recommendations to the Parliament. The Demand for Excess Grants is made after the actual expenditure is incurred and is presented to the Parliament after the end of the financial year in which the expenses were made.
Other grants: Additional Grant:It is granted when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the Budget for that year. Excess Grant: It is granted when money has been spent on any service during a financial year in excess of the amount granted for that year. The demands for excess grants are made after the expenditure has actually been incurred and after the financial year to which it relates, has expired. Exceptional Grants: It is granted for an exceptional purpose which forms no part of the current service of any financial year Token Grant: It is granted when funds to meet proposed expenditure on a new service can be made available by re-appropriation, a demand for the grant of a token sum may be submitted to the vote of the House and, if the House assents to the demand, funds may be so made available.
58.Motion of Thanks
Context Several members from the Opposition and Treasury benches participated in the debate on the three contentious farm laws, which are being opposed by farmers on the borders of Delhi, in the Upper House as part of the Motion of Thanks to the President’s address.
Concept
Motion of Thanks to Presidential Address
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The address of the president is discussed in both the Houses of Parliament on a motion called the ‘Motion of Thanks’. It is available to the members of Parliament to raise discussions and debates to examine and criticise the government and administration for its lapses and failures. Generally, three days are allotted for the discussion on the Motion of Thanks. If any of the amendments are put forward and accepted then the Motion of Thanks is adopted in the amended form. Amendments may refer to matters contained in the Address as well as to matters which, in the opinion of the member, the Address has failed to mention. At the end of the discussion, the motion is put to vote.
Significance of Motion of Thanks The Motion of Thanks must be passed in the House. Otherwise, it amounts to the defeat of the government. It is one of the ways through which the Lok Sabha can also express a lack of confidence in the government. The other ways are: Rejection of a money bill. Passing a censure motion or an adjournment motion. The defeat of the government on a vital issue. Passing a cut motion.
59.Vote on Account
Context Bengal Chief Minister Mamata Banerjee on Friday announced a number of schemes and sops, including a hike in the annual aid of farmers. She presented a vote-on-account for Rs 2.99 lakh crore in the Assembly.
Concept
Vote on Account
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A vote on account is the process by which an incumbent government obtains votes from Legislature to draw money from the Consolidated Fund to meet its expenses until the elections are done. In the run-up to every general election, Legislature votes to sanction the withdrawal of money from this fund to meet regular government expenses such as payment of salaries and interest.
How vote on accounts differs from the usual budget? Budget is nothing but a projected income and expenditure statement from the Central government for the coming year. Usually, the Budget has to be approved by Legislature before the commencement of the new financial year. Over the years though, Indian Budgets have become major events, doubling up as major policy statements of the government. But in the years where assembly elections are due, it would be improper for the outgoing government to impose policy changes or budgetary constraints on its successor who may or may not accept them. However, it is still necessary to keep enough money at its disposal to allow it to run the administration, requiring a vote on account.
How vote on account works? Vote-on-account is a temporary measure, it does need the approval of Legislature and it is usually passed without much discussion. It is usually valid for two months until the new government presents a full Budget. Ministries and departments can utilize the funds available for non-Plan expenditure which includes payments of salary to government employees, loan interest payments, subsidies, pension payments, based on the vote on account. The vote on account typically does not seek funds for major projects or new initiatives; this usually awaits the presentation of the full Budget. The new government elected may have different ideas in mind for the allocation of resources. Therefore, the incumbent government usually restrains itself from making any new financial commitments.
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60.Private Members bill
Context MPs have filed private member bills jointly and individually titled, Repealing and Amendment Bill 2021 for repeal of farm laws.
Concept It is a bill brought by the private members in any house. Private member is any Member of Parliament who is not a minister. The Chairman of the Rajya Sabha and Speaker of the Lok Sabha decides whether to admit the bill or not. The procedure of introduction of such bills needs a one-month notice. However, it is passed by same procedure as a public bill. The House secretariat examines it for compliance with constitutional provisions and rules on legislation before listing. Unlike the government bill (introduced by ministers), these bills are introduced and discussed only on Friday. It generally reflects the Opposition stand in Parliament. The drafting of bill is responsibility of members (in case of public bill it is done by the concerned department with consultation of the law department). The chances of passage of private member bill are less as the majority in the house may go against it and treasury bench in house perceive it as a sanction of the government. So far, only 14 such bills have been passed (none since 1970.)
61.Money bill
Context The Congress party in a pre-emptive move has written to the Lok Sabha speaker not to certify 7 key bills as money bill as it bypasses the Rajya Sabha
Concept
Bills in question:
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Bill seeking to replace the University Grants Commission with a Higher Education Commission. Amendment to the Fiscal Responsibility and Budget Management Act the setting up of a Development Finance Institution the introduction of a securities markets code that will merge all market regulatory laws, amendments to the Deposit Insurance and Credit Guarantee Corporation Act Amendments to pave way for the initial public offering of LIC The privatization of two public sector banks
About money bill A Bill is said to be a Money Bill under article 110 of the constitution if it only contains provisions related to taxation, borrowing of money by the government, expenditure from or receipt to the Consolidated Fund of India.
Qualification as money bill: a) Under Article 110(1) of the Constitution, a Bill is deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters: the imposition, abolition, remission, alteration or regulation of any tax b) regulation of borrowing by the government c) custody of the Consolidated Fund or Contingency Fund of India, and payments into or withdrawals from these Funds d) appropriation of moneys out of the Consolidated Fund of India e) declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure f) receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).
Power to decide money bill The speaker of the Lok Sabha decides if a bill is money bill or not (Art 110 (3)) and his decision in this regard is final.
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Power of Rajya Sabha w.r.t Money Bill Under Article 109 (1), a Money Bill cannot be introduced in Rajya Sabha. Once passed by Lok Sabha, it is sent to Rajya Sabha — along with the Speaker’s certificate that it is a Money Bill — for its recommendations. However, Rajya Sabha can neither reject nor amend the Bill, and must return it within 14 days, after which Lok Sabha may choose to accept or reject all or any of its recommendations. In either case, the Bill is deemed to have been passed by both Houses. Under Article 109(5), if Rajya Sabha fails to return the Bill to Lok Sabha within 14 days, it is deemed to have been passed anyway.
62.Appropriation Bill
Context The Lok Sabha cleared the Appropriation Bill 2021-22, allowing the Central government to draw funds from the Consolidated Fund of India for its operational requirements and implementation of various programmes.
Concept Under Article 114(3) of the Constitution, no amount can be withdrawn from the Consolidated Fund without the enactment of such a law by Parliament. After the Demands for Grants are voted by the Lok Sabha, Parliament's approval to the withdrawal from the Consolidated Fund of the amounts so voted and of the amount required to meet the expenditure charged on the Consolidated Fund is sought through the Appropriation Bill.
Guillotine The Bill was passed after Speaker Om Birla put it through guillotine, a legislative mechanism to approve the fast-tracking of the passage of outstanding demands for grants without discussion. While guillotine literally is a large, weighted blade used for executing a condemned person, in legislative parlance, to ''guillotine'' means to bunch together and fast-track the passage of financial business. It is a fairly common procedural exercise in Lok Sabha during the Budget Session.
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Finance Bill The Lok Sabha will now discuss the Finance Bill, which essentially contains the government's tax proposals. Once the Finance Bill is passed, the budget exercise is complete. Both appropriation and finance bills are classified as money bills which do not require the explicit consent of the Rajya Sabha. The upper house only discusses them and returns the bills. After passing the Finance Bill, it enters the statute as the Finance Act. Thus, the final Budget gets approved.
63.Point of Order
Context The Congress and other Opposition parties on Thursday forced adjournments of Rajya Sabha proceedings for four times during the post-lunch sitting as they insisted on referring to a standing committee a Bill on raising the FDI in the insurance sector to 74% from the current 49% by raising a point of order.
Concept A Member can raise a point of order when the proceedings of the House do not follow the normal rules of procedure. A point of order should relate to the interpretation or enforcement of the Rules of the House or such articles of the Constitution that regulate the business of the House and should raise a question that is within the cognizance of the Speaker. It is usually raised by an opposition member in order to control the government. It is an extraordinary device as it suspends the proceedings before the House. No debate is allowed on a point of order. Speaker/Chairman is the final decision making authority.
64.Prorogation
Context President Ram Nath Kovind has prorogued the fifth session of 17th Lok Sabha. The session had commenced on 29th January. President also prorogued the Rajya Sabha. The House was adjourned sine die on 25th of this month.
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Concept: Termination of a session of the House by an order made by the President under article 85(2) is called ‘prorogation’. The President in exercising the power to prorogue the House acts on the advice of the Prime Minister. Usually, prorogation follows the adjournment of the sitting of the House sine die. The time-lag between the adjournment of a House sine die and its prorogation is generally two to four days, although there are instances when a House was prorogued on the same day on which it was adjourned sine die. It is not necessary that both the Houses should be prorogued simultaneously. Effects of prorogation on different categories of business pending before the House Article 107(3) of the Constitution of India expressly provides that a Bill pending in Parliament shall not lapse by reason of the prorogation of the House. This also covers Bills pending before a Select or Joint Committee of the House(s). Notices of intention to move for leave to introduce Bills also do not lapse on prorogation and no fresh notice is necessary in the next session for that purpose except where any sanction or recommendation granted under the Constitution in respect of a Bill has ceased to be operative. On the prorogation, all pending notices of Motions and Resolutions except those relating to introduction of Bills as mentioned above, lapse and fresh notices must be given for the next session. Any business pending before a committee shall not lapse by reason only of the prorogation of the House and the committee shall continue to function notwithstanding such prorogation. On prorogation of either House of Parliament, the President has the power to issue Ordinances under article 123.
65.Monsoon Session Likely to begin in July
Context
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The monsoon session of Parliament is expected to begin on schedule in July. The last session of Parliament was curtailed and ended sine die on March 25 and under the Constitutional norms, the next session has to be held within six months. This period ends on September 14.
Concept Three sessions have been curtailed since the pandemic began in March last year. First of these was the Budget session of 2020. The winter session last year was also cut short. Last year, the monsoon session, which usually starts in July, began in September. Article 85 requires that there should not be a gap of more than six months between two sessions of Parliament. Please note, the Constitution does not specify when or for how many days Parliament should meet. The power to convene a session of Parliament rests with the government. The decision is taken by the Cabinet Committee on Parliamentary Affairs. The decision of the Committee is formalised by the President, in whose name MPs are summoned to meet for a session.
66.Appoint Lok sabha Deputy Speaker: Congress to Om Birla
Context The post of Deputy Speaker has been lying vacant since the constitution of the 17th Lok Sabha in2019. Congress leaders argued that the post of Deputy Speaker has not remained vacant for such a long time in the recent past. Concept
About Deputy Speaker: Article 93 of the Constitution provides for the election of both the Speaker and the Deputy Speaker. The constitutional office of the Deputy Speaker of the Lok Sabha is more symbolic of parliamentary democracy than some real authority. There is no need to resign from their original party though as a Deputy Speaker, they have to remain impartial.
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Roles and functions: They act as the presiding officer in case of leave or absence caused by death or illness of the Speaker of the Lok Sabha.
Election Usually, the Deputy Speaker is elected in the first meeting of the Lok Sabha after the General elections from amongst the members of the Lok Sabha. It is by convention that position of Deputy Speaker is offered to opposition party in India.
Tenure and removal: They hold office until either they cease to be a member of the Lok Sabha or they resign. They can be removed from office by a resolution passed in the Lok Sabha by an effective majority of its members.
67.PM asks to have a ‘Zero Hour’ in Cabinet
Context PM told me to have ‘Zero Hour’ in Cabinet to hear negative feedback: Himanta Biswa Sarma.
Concept Zero Hour is an Indian innovation in the field of parliamentary procedures and has been in existence since 1962. Zero Hour is the time when Members of Parliament (MPs) can raise Issues of Urgent Public Importance. For raising matters during the Zero Hour, MPs must give the notice before 10 am to the Speaker/ Chairman on the day of the sitting. The notice must state the subject they wish to raise in the House. However, Speaker, Lok Sabha / Chairman, Rajya Sabha may allow or decline a Member to raise a matter of importance. ‘Zero Hour’ is not mentioned in the Rules of Procedure. Thus, it is an informal device available to MPs to raise matters without any notice 10 days in advance. The Zero Hour starts at 12 noon immediately following the Question Hour.
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68.Rajya Sabha Election Controversy
Context: Kerala RS polls: After Govt. nudge, EC broke 25-yr tradition until HC stepped in.
Concept: On March 23, a day before the Rajya Sabha elections were set to be notified, the Union Law Ministry wrote to the EC that since voting in Kerala would end April 6,holding Rajya Sabha elections on April 12 (before the results on May 2) “may not reflect the will of the people.” Just a day after the Union Law Ministry made its suggestion, the ElectionCommission reversed its own order and went against a 25-year tradition to suspend elections to three Rajya Sabha seats from Kerala. That controversial move was rejected by the Kerala High Court and the three members were elected unopposed on April 23.
Process of Rajya Sabha Election The representatives of the States and of the Union Territories in the Rajya Sabha are elected by the method of indirect election. The representatives of each State and two Union territories are elected by the elected members of the Legislative Assembly of that State and by the members of the Electoral College for that Union Territory, as the case may be, in accordance with the system of proportional representation by means of the single transferable vote. The Rajya Sabha seat quota for each state is fixed as per Schedule 4 of the constitution. Elections to 1/3 of these seats occur every 2 years.
69.Article 164(4)
Context Mamata not the first CM to lose, has to win bypoll in 6 months.
Concept:
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Article 164(4) of the Constitution of India states that a Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister. It is implied in the language of clause (4) that every Minister should normally be a Member of the State Legislature which means of either House if the State Legislature is bicameral. It is permissible to appoint a person who is not such a Member but then he must get elected within six months or else he shall cease to be a Minister on the expiration of that period. It is a clear fraud on the Constitution to misinterpret and misuse this provision (i) tore-appoint a non-member after six months by giving a few days’ break, (ii) to appoint a person who is disqualified for being a Member, or (iii) to appoint someone who resigns his membership only to escape disqualification. A non-member can also be appointed Chief Minister and he can continue to hold office if he gets elected to the State Legislature within a period of six months.
70.Legislative Council
Context The West Bengal government will set up a Legislative Council (VidhanParishad), as per a decision taken up at the Cabinet meeting chaired by Chief MinisterMamata Banerjee on Monday.
Concept: Historical background: Legislatures with two Houses (bicameral) have a long history in India. The Montagu- Chelmsford reforms led to the formation of the Council of State at the national level in 1919. Then the Government of India Act of 1935 set up bicameral legislatures in Indian provinces. It was under this law that a Legislative Council first started functioning in Bengal in 1937. Constitutional Position Abolition or Creation – Article 169 The Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist) by a simple majority, that is, a majority of
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the members of each House present and voting, if the legislative assembly of the concerned state, by a special majority, passes a resolution to that effect. Special majority implies : A majority of the total membership of the assembly and A majority of not less than two-thirds of the members of the assembly present and voting. Composition Under Article 171 of the Constitution, the Legislative Council of a state shall not have more than one-third of the total strength of the State Assembly, and not less than 40members. Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution. The tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the members retiring every two years.
Manner of Election One-third of the MLCs are elected by the state’s MLAs, Another 1/3rd by a special electorate comprising sitting members of local governments such as municipalities and district boards, 1/12th by an electorate of teachers and another 1/12th by registered graduates. The remaining members are appointed by the Governor for distinguished services in various fields namely, literature, science, art, cooperative movement and social service. LC vis-à-vis Rajya Sabha The legislative power of the Councils is limited. Unlike Rajya Sabha which has substantial powers to shape non-financial legislation, Legislative Councils lack a constitutional mandate to do so. Assemblies can override suggestions/amendments made to legislation by the Council. Again, unlike Rajya Sabha MPs, MLCs cannot vote in elections for the President and Vice President. The Vice President is the Rajya Sabha Chairperson while a member from the Council itself is chosen as the Council Chairperson.
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71.Election of Speakers and Deputy Speakers
Context: Recently, it was noted that the Maharashtra Legislative Assembly has been without a Speaker for most of 2021 and Lok Sabha and several state Assemblies are without a Deputy Speaker.
Concept About Speaker of Lok Sabha Election of Speaker The Office of the Speaker of Legislative Assembly is a constitutional one. Under Article 178 of the Indian Constitution every Legislative Assembly of a State shall, choose one of its Members as Speaker. The Speaker is elected by the Lok Sabha from amongst its members. The Lok Sabha elects another member to fill the vacancy whenever the office of the Speaker falls vacant. The date of election of the Speaker is fixed by the
Tenure of Speaker The Speaker remains in office during the life of the Lok Sabha. The Speakers has to vacate his office earlier in any of the following three cases: If he ceases to be a member of the Lok Sabha; If he resigns by writing to the Deputy Speaker; If he is removed by a resolution passed by a majority of all the members of the Lok Sabha When a resolution for the removal of the Speaker is under consideration of the House, he cannot preside at the sitting of the House. It is noted that whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly-elected Lok Sabha meets.
Role of Speaker The Speaker is the head of the Lok Sabha, and its representative. He is the guardian of powers and privileges of the members, the House as a whole and its committees. He is the principal spokesman of the House, and his decision in all Parliamentary matters is final.
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He derives his powers and duties from three sources i.e. the Constitution of India, the Rules of Procedure and Conduct of Business of Lok Sabha, and Parliamentary Conventions.
Powers and Functions of Speaker He maintains order and decorum in the House for conducting its business and regulating its proceedings. He adjourns the House or suspends the meeting in absence of a quorum. He presides over a joint setting of the two Houses of Parliament. He decides whether a bill is a money bill or not and his decision on this question is final.
Deputy Speaker of Lok Sabha The Deputy Speaker is also elected by the Lok Sabha itself from amongst its members. The Deputy Speaker performs the duties of the Speaker’s office when it is vacant. He also acts as the Speaker when the latter is absent from the sitting of the House. It should be noted here that the Deputy Speaker is not subordinate to the Speaker. The Deputy Speaker is entitled to a regular salary and allowance fixed by Parliament, and charged on the Consolidated Fund of India.
72.Leader of the House
Context Commerce and Textiles Minister PiyushGoyal has been appointed as the Leader of the House in the Rajya Sabha.
Concept The term Leader of the House has been defined in Rules of Procedure of the Lok Sabha and the Rajya Sabha Leader of the House, according to Rule 2 of the Rules of Procedure and Conduct of Business in the Lok Sabha means the prime Minister, if he is a Member of the House or a Minister who is a Member of the House and is nominated by the Prime Minister to function as the Leader of the House. 97 | P a g e OPTIMIZE IAS
The Prime Minister is invariably the Leader of the Lok Sabha. It has been the practice that during the protracted absence of the Leader of the House when Lok Sabha is in session, the Minister of Parliamentary Affairs, in consultation with the former, intimates to the Speaker as to who would act as the Leader of the House, but no formal announcement in this regard is made in the House. The Leader of the House is an important parliamentary functionary and exercises direct influence on the course of parliamentary business. The whole policy of the Government especially in so far as it is expressed in the inner life of the House and in measures dealing with the course of its business, is concentrated in his person.
73.Session of Parliament
Context The three meetings of all parties convened by Vice-President Venkaiah Naidu, Speaker Om Birla and Parliamentary Affairs Minister Pralhad Joshi over the weekend, will set the tone of the Monsoon Session of Parliament beginning on Monday.
Concept The president from time to time summons each House of Parliament to meet. But, the maximum gap between two sessions of Parliament cannot be more than six months. In other words, the Parliament should meet at least twice a year. There are usually three sessions in a year, viz, the Budget Session (February to May); the Monsoon Session (July to September); and The Winter Session (November to December).
Article 85 The President shall form time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session The President may from time to time prorogue the Houses or either House; dissolve the House of the People 98 | P a g e OPTIMIZE IAS
74.Adjournment motion in the Lok Sabha to seek repealing of three farm laws
Context Recently, the Shiromani Akali Dal general secretary has said that as their party would be moving adjournment motion in the Lok Sabha to seek repealing of three farm laws.
Concept
Adjournment Motion It is introduced in the Lok Sabha to draw attention of the House to a definite matter of urgent public importance. It needs the support of 50 members to be admitted in the Parliament. It is regarded as an extraordinary device because it interrupts the normal business of the House. It involves an element of censure against the government and hence Rajya Sabha is not permitted to make use of this device. The right to move a motion for an adjournment of the business of the House is subject to the following restrictions: It should raise a matter which is definite, factual, urgent and of public importance; It should not cover more than one matter; It should be restricted to a specific matter of recent occurrence and should not be framed in general terms; It should not raise a question of privilege; It should not revive discussion on a matter that has been discussed in the same session; It should not deal with any matter that is under adjudication by court; and It should not raise any question that can be raised on a distinct motion.
What are Motions? The House expresses its decisions or opinions on various issues through the adoption or rejection of motions moved by either ministers or private members.
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The motions moved by the members to raise discussions on various matters fall into three principal categories: Substantive Motion: It is a self-contained independent proposal dealing with a very important matter like impeachment of the President or removal of Chief Election Commissioner. Substitute Motion: It is a motion that is moved in substitution of an original motion and proposes an alternative to it. Subsidiary Motion: It is a motion that, by itself, has no meaning and cannot state the decision of the House without reference to the original motion or proceedings of the House.
Types of Motions Closure Motion: It is a motion moved by a member to cut short the debate on a matter before the House. Privilege Motion: It is concerned with the breach of parliamentary privileges by a minister. It is moved by a member when he feels that a minister has committed a breach of privilege of the House. Calling Attention Motion: It is introduced in the Parliament by a member to call the attention of a minister to a matter of urgent public importance, and to seek an authoritative statement from him on that matter. No-Confidence Motion: Article 75 of the Constitution says that the council of ministers shall be collectively responsible to the Lok Sabha. The Lok Sabha can remove the ministry from office by passing a no-confidence motion.
75.Supplementary demands for grants
Context In the Supplementary demands for grants for current fiscal, the single largest outgo proposed is ₹10,727.50 crore, which will be spent on meeting expenditure towards Grants-in-aid General under the National Rural Health Mission – India Covid-19 Emergency Response and Health System Preparedness Package Phase-II.
Concept Supplementary demands for grants
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Article 115 of the constitution provides for Supplementary, additional or excess grants. They are additional grants which are required to meet the expenditure of the government The Comptroller and Auditor General of India bring such excesses to the notice of the Parliament. Supplementary demands for grants is presented in each of the three sessions of Parliament Monsoon, Winter and Budget — when the amount authorised for the current financial year is in sufficient, The Public Accounts Committee examines these excesses and gives recommendations to the Parliament. The need The need arises for additional expenditure on an existing service or a new service not contemplated in the annual financial statement for that year, and for recouping the Contingency Fund Advance. When actual expenditure incurred exceeds the approved grants of the Parliament, the Ministry of Finance and Ministry of Railways presents a Demand for Excess Grant. It is needed for government expenditure over and above the amount for which Parliamentary approval was already obtained during the Budget session. When grants, authorised by the Parliament, fall short of the required expenditure, an estimate is presented before the Parliament for Supplementary or Additional grants. These grants are presented and passed by the Parliament before the end of the financial year.
76.Privilege motion
Context The Opposition is planning a privilege motion against an answer in the Rajya Sabha by Minister of State Bharati Pravin Pawar that no one has died because of non-availability of oxygen.
Concept Privilege motion is concerned with the breach of parliamentary privileges by a 101 | P a g e OPTIMIZE IAS minister. Breach of Privileges Parliamentary Privileges are certain rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can “effectively discharge their functions”. When any of these rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under law of Parliament. A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege.
Role of the Speaker/Rajya Sabha (RS) Chair The Speaker/RS chairperson is the first level of scrutiny of a privilege motion. The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament. If the Speaker/Chair gives consent under relevant rules, the member concerned is given an opportunity to make a short statement.
Rules governing Privilege Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook governs privilege. Rules say that a member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House or a committee thereof.
Privilege Committee It is a Standing Committee. It examines the cases of breach of the privileges of the House and its members and recommends appropriate action. The Lok Sabha committee has 15 members, while the Rajya Sabha committee has 10 members.
77.CPI(M)’s Brittas moves privilege motion against Law Minister
Context Communist Party of India-Marxist (CPI-M) MP John Brittas moved a privilege motion against the Law Minister Kiren Rijiju for a misleading reply to a question raised by him on the filling up of vacancies in the High Courts. 102 | P a g e OPTIMIZE IAS
Concept
Privilege Motion It is concerned with the breach of parliamentary privileges by a minister.
Breach of Privileges Parliamentary Privileges are certain rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can “effectively discharge their functions”. When any of these rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under law of Parliament. A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege. Role of the Speaker/Rajya Sabha (RS) Chair The Speaker/RS chairperson is the first level of scrutiny of a privilege motion. The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament. If the Speaker/Chair gives consent under relevant rules, the member concerned is given an opportunity to make a short statement.
Rules governing Privilege Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook governs privilege. Rules say that a member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House or a committee thereof.
78.Left MPs oppose private member’s bill seeking uniform civil code
Context Left MPs moved a motion objecting to the introduction of a private member’s bill seeking a uniform civil code, saying such legislation would damage the communal harmony.
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Concept
Private Member’s Bill Any Member of Parliament (MP) who is not a minister is referred to as a private member. The purpose of private member’s bill is to draw the government’s attention to what individual MPs see as issues and gaps in the existing legal framework, which require legislative intervention. Thus it reflects the stand of the opposition party on public matters. Its drafting is the responsibility of the member concerned. Its introduction in the House requires one month’s notice. The government bills can be introduced and discussed on any day, private member’s bills can be introduced and discussed only on Fridays. Its rejection by the House has no implication on the parliamentary confidence in the government or its resignation. Upon conclusion of the discussion, the member piloting the bill can either withdraw it on the request of the minister concerned, or he may choose to press ahead with its passage. The last time a private member’s bill was passed by both Houses was in 1970. It was the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1968. 14 private member’s bills — five of which were introduced in Rajya Sabha — have become law so far.Some other private member bills that have become laws include- Proceedings of Legislature (Protection of Publication) Bill, 1956, in the Lok Sabha; The Salaries and Allowances of Members of Parliament (Amendment) Bill, 1964, introduced by in the Lok Sabha and The Indian Penal Code (Amendment) Bill, 1967 introduced in the Rajya Sabha.
79.Special Mention
Context:
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Leader of the Opposition Mallikarjun Kharge reiterated the demand that under Rule 267, other House businesses should be suspended to have a discussion on the Pegasus issue in the presence of the Prime Minister or the Home Minister.
Concept Special Mention In Rajya Sabha: Special Mention is yet another device through which a member can raise an issue of public importance in the House. It is based on the Rules of Procedure and Conduct of Business in Rajya Sabha. Prior to July 2000, the procedure for making a Special Mention was not included in the Rules of Procedure and Conduct of Business in Rajya Sabha; it was based on the practice obtained in the House. A matter which cannot be raised during question hour, half-an-hour discussion, short duration discussion or under adjournment motion, calling attention notice or under any rule of the House can be raised under the special mention in the Rajya Sabha. The selection of a Special Mention to be made by a member in the House is entirely the prerogative of the Chairman. Under normal circumstances, only one Special Mention is allowed to be made by a member during a week unless the Chairman directs otherwise. Number of Special Mention matters per sitting: As regards the number of Special Mentions per sitting, it has been provided in rule 180D(2) that it is not to exceed seven. But the Chairman considering the state of business, importance of the subject and other relevant matters while permitting Special Mentions at a sitting of the House may permit more than the prescribed number.
Supplementaries are not allowed on special mentions. When Special Mentions are made in the House, as a general practice, the Ministers, who may be present in the House, do not react immediately to the matters so mentioned by members. If the concerned Minister is present and wishes to reply, he is permitted to do so but it is not obligatory for him to reply.
80.Plan for adjournment motion
Context
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The Opposition leaders are planning to move adjournment motion in the Lok Sabha to discuss the Pegasus issue.
Concept
Adjournment motion Adjournment motion can be introduced only in the Lok Sabha. The primary object of an adjournment motion is to draw the attention of the House to a recent matter of urgent public importance having serious consequences and with regard to which a motion or a resolution with proper notice will be too late. The adjournment motion is an extraordinary procedure which, if admitted, leads to setting aside the normal business of the House for discussing a definite matter of urgent public importance. The speaker is the final authority to give consent to an adjournment motion. The right to move a motion for an adjournment of the business of the House is subject to the following restrictions Raise a matter which is definite, factual, urgent and of public importance. Not cover more than one matter. Be restricted to a specific matter of recent occurrence. Not raise a question of privilege. Not revive discussion on a matter that has been discussed in the same session. Not deal with any matter that is under adjudication of court. Not raise any question that can be raised on a distinct motion.
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Executive 81.Ordinance
Context: Cabinet approved 'The Farming Produce Trade and Commerce (Promotion and Facilitation) Ordinance, 2020'.
Concept: Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament. These ordinances have the same force and effect as an act of Parliament, but are in the nature of temporary laws. It has been vested in him to deal with unforeseen or urgent matters. But, the exercises of this power is subject to the following four limitations: o He can promulgate an ordinance only when both the Houses of Parliament are not in session or when either of the two Houses of Parliament is not in session. Thus, the power of the President to legislate by ordinance is not a parallel power of legislation. He can make an ordinance only when he is satisfied that the circumstances exist that render it necessary for him to take immediate action. o In Cooper case, (1970), the Supreme Court held that the President’s satisfaction can be questioned in a court on the ground of malafide o His ordinance-making power is coextensive as regards all matters except duration, with the law-making powers of the Parliament. This has two implications: i. An ordinance can be issued only on those subjects on which the Parliament can make laws. ii. An ordinance is subject to the same constitutional limitation as an act of Parliament. Every ordinance issued by the President during the recess of Parliament must be laid before both the Houses of Parliament when it reassembles. If the ordinance is approved by both the Houses, it becomes an act. If Parliament takes no action at all, the ordinance ceases to operate on the expiry of six weeks from the reassembly of Parliament.
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Governor has similar power under Article 213
82.74th Constitutional Amendment
Context:
The pandemic has shown bad state of urban local bodies, without enough power and funds.
Concept: This Act has added a new Part IX-A to the Constitution of India. It isentitled ‘The Municipalities and consists of provisions from Articles 243-P to243-ZG. In addition, the act has also added a new Twelfth Schedule to the Constitution. This schedule contains eighteen functional items of municipalities. It deals with Article 243-W. The act gave constitutional status to the municipalities. It has brought them under the purview of justiciable part of the Constitution. The act aims at revitalizing and strengthening the urban governments so that they function effectively as units of local government. The salient features of the act are: Three Types of Municipalities The act provides for the constitution of the following three types of municipalities in every state : nagar panchayat, municipal council and municipal corporation Composition: All the members of a municipality shall be elected directly by the people of the municipal area. For this purpose, each municipal area shall be divided into territorial constituencies to be known as wards. The state legislature may provide the manner of election of the chairperson of a municipality. Reservation of Seats: The act provides for the reservation of seats for the scheduled castes and the scheduled tribes in every municipality in proportion of their population to the total population in the municipal area. Further, it provides for the reservation of not less than one-third of the total number of seats for women. Duration of Municipalities: The act provides for a five-year term of office for every municipality. However, it can be dissolved before the completion of its term.
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State Election Commission: The superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the municipalities shall be vested in the state election commission. Finance Commission The finance commission (which is constituted for the panchayats) shall also, for every five years, review the financial position of municipalities and make recommendation to the governor as to: o The principles that should govern: (a) The distribution between the state and the municipalities, the net proceeds of the taxes, duties, tolls and fees levied by the state. (b) The determination of the taxes, duties, tolls and fees that may be assigned to the municipalities. (c) The grants-in-aid to the municipalities from the consolidated fund of the state. o The measures needed to improve the financial position of the municipalities. o Any other matter referred to it by the governor in the interests of sound finance of municipalities. District Planning Committee: Every state shall constitute at the district level, a district planning committee to consolidate the plans prepared by panchayats and municipalities in the district, and to prepare a draft development plan for the district as a whole.
83.District Development Coordination and Monitoring Committee (Disha)
Context: As per the Common Review Mission-2019, commissioned by the rural development ministry, in 2019 the average work generated per household under MGNREGA was 48 days which is half the entitled 100 days per household annually The audit also added that the District Development Coordination and Monitoring Committee(Disha) is virtually non-functional.
Concept: District Development coordination and Monitoring committee (DISHA) is formed to fulfill the objective of ensuring a better coordination among all the elected representatives in Parliament, State Legislatures and Local
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Governments for efficient and time-bound development of districts in our country. These Committees could monitor the implementation of the programmes and promote synergy and convergence for greater impact. For years, District Vigilance and Monitoring Committees had the oversight mandate of a handful of schemes run by the rural development ministry but in 2016, they were superseded by DISHA which was charged with monitoring 41 central schemes, ranging from infrastructure and power, education and food security to rural development. This committee will have coordination and Monitoring powers. Its role is to facilitate the timely execution of approved projects. It will have powers in seeking effective follow up of issues raised during the deliberation.
Composition
The Chairperson of the DISHA should be a Member of Parliament (Lok Sabha) elected from the district, nominated by the Ministry of Rural Development. One MP (Rajya Sabha) representing the State and exercising an option to be associated with the district level Committee of that district (on first come basis), to be designated as Co-Chairpersons by the Ministry of Rural Development Member secretary: The Member Secretary of the DISHA should bethe District collector All Members of the State Legislative Assembly elected from the districtOne representative of the State Govemment / UT Administration All Mayors / the Chairpersons of Municipalities and five elected heads of Gram Panchayat Chairperson of the Zila Panchayat Head of the Autonomous District Council in districts having Schedule VI Areas And nominated members
84.Article 371 A
Context:
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Nagaland Governor has expressed concern over the “precarious law and order” situationin the state where armed gangs have challenged the legitimacy of the constitutionally established state government on a daily basis. Added he could no longer abstain from constitutional obligations in the state under Article 371A (1) (b) Of the Constitution.
Concept: Article 371A of the Constitution mainly states that no act of Parliament would apply to the state of Nagaland in matter relating to religious or social practices of Nagas, Naga customary law and procedure, administration of civil or criminal justice involving decisions according to Naga customary law and ownership and transfer of land and its resources. The Legislative Assembly of Nagaland must pass a resolution for an actto be applicable to the state. The governor is given special responsibilities with respect to law andorder in the state as well.
85.What is National Pharmaceutical Pricing Authority (NPPA)?
Context: National Pharmaceutical Pricing Authority (NPPA) in an office memorandum has “advised” manufacturers to comply with BIS standards for N95 mask.
Concept: National Pharmaceutical Pricing Authority (NPPA) was constituted as an attached office of the Department of Pharmaceuticals (DoP) in 1997under Ministry of Chemicals & Fertilizers as an independent Regulator for pricing of drugs and to ensure availability and accessibility of medicines at affordable prices. It fixes ceiling prices of scheduled essential drugs and monitors Maximum Retail Prices (MRPs) of remaining non-scheduled medical devices, which have been regulated as drugs.
Drugs (Prices Control) Order (DPCO)
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The Drugs Prices Control Order, 1995 is an order issued by the Government of India under Sec. 3 of Essential Commodities Act, 1955 to regulate the prices of drugs. The Order inter alia provides the list of price controlled drugs, procedures for fixation of prices of drugs, method of implementation of prices fixed by Govt., penalties for contravention of provisions etc. For the purpose of implementing provisions of DPCO, powers of Government have been vested in NPPA. BIS
BIS is the National Standard Body of India established under the BIS Act 2016 for the harmonious development of the activities of standardization, marking and quality certification of goods. BIS has been providing traceability and tangibility benefits to the national economy in a number of ways – providing safe reliable quality goods; minimizing health hazards to consumers; promoting exports and imports substitute; control over proliferation of varieties etc. through standardization, certification and testing.
86.Sec 69A of IT Act
Context: India government has banned 59 apps originating from China by invoking its power under Section 69A of the Information Technology Act
Concept:
Reason Ministry of Electronics and Information Technology (MeitY) said it had received many complaints including several reports about misuse of some mobile apps available on Android and iOS platforms for stealing and surreptitiously transmitting users’ data in an unauthorised manner to servers which have locations outside India. It also received many representations raising concerns from citizens regarding security of data and risk to privacy relating to operation of certain apps.
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The compilation of collected data, its mining and profiling by elements hostile to national security and defence of India, which ultimately impinges upon the sovereignty and integrity of India
Section 69A of IT act Power to issue directions for blocking for public access of any information through any computer resource Central Government or any of its officers specially authorized by it if satisfied that it is necessary or expedient so to do, in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may by order, direct any agency of the Government or intermediary to block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource.
87.National statistics Commission
Context: The Draft National Statistics Commission Bill has been put out on public domain for comments. Concept:
Features: Draft bill aimed at empowering the National Statistical Commission (NSC) to become the nodal body for all core statistics in the country. It proposed to give sweeping power to the commission on its authority over non-government agencies by making compliance of non-government agencies to mandatory audit. The draft bill proposes to restructure the composition of NSC.
NSC Dr. C. Rangarajan Commission set up in 2000 has recommended to establish a permanent National Commission on Statistics to serve as a nodal and empowered body for all core statistical activities of the country,
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evolve, monitor and enforce statistical priorities and standards and to ensure statistical co-ordination among the different agencies involved. In line with the recommendations in 2005, the Government of India has set up a National Statistical Commission (NSC) through a resolution. The Commission has a part-time Chairperson, four part-time Members and an ex-officio Member. The Chief Statistician of India is the Secretary of the Commission. He is also the Secretary to the Government of India in the Ministry of Statistics and Programme Implementation.
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88.NDRF
Context: The government has come out with the modalities for contributions to the National Disaster Response Fund (NDRF).
Concept: As per Section 46(1)(b) of the Disaster Management (DM) Act, 2005, receipt of contributions and grants from any person or institution for the purpose of disaster management in the National Disaster Response Fund (NDRF) can be made. The National Disaster Response Fund (NDRF), constituted under Section 46 of the Disaster Management Act, 2005, supplements SDRF of a State, in case of a disaster of severe nature, provided adequate funds are not available in SDRF. It is a fund managed by the Central Government for meeting the expenses for emergency response, relief and rehabilitation due to any threatening disaster situation or disaster. NDRF amount can be spent only towards meeting the expenses for emergency response, relief and rehabilitation. It is financed through the levy of a cess on certain items, chargeable to excise and customs duty, and approved annually through the Finance Bill. The requirement for funds beyond what is available under the NDRF is met through general budgetary resources. A provision also exists in the DM Act to encourage any person or institution to make a contribution to the NDRF. It is kept under “Public Accounts” of Government of India. Comptroller and Auditor General of India (CAG) audits the accounts of NDRF. Department of Agriculture and Cooperation under Ministry of Agriculture (MoA) monitors relief activities for calamities associated with drought, hailstorms, pest attacks and cold wave /frost while rest of the natural calamities are monitored by Ministry of Home Affairs (MHA).
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89.Cabinet decision binding on Governor and Governor’s discretion
Context: Growing crisis in Rajasthan brings into discussion powers of Governor
Concept: Article 163 states that there shall be a council of Ministers with the chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this constitution required to exercise his functions or any of them in his discretion If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final The advice tendered by Ministers to the Governor shall not be inquired into in any court
90.Article 78
Context: Prime minister called on President Ram at Rashtrapati Bhavan and briefed him on issues of national and international importance.
Concept: It is provision with respect to duties of Prime Minister in furnishing of information to the President It shall be the duty of the Prime Minister o to communicate to the President all decisions of the council of Ministers relating to the administration of the affairs of the union and proposals for legislation; o to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and o if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council of ministers.
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91.Metropolitan Planning Committees (MPCs)
Context:
COVID-19 has brought in unprecedented challenges to India’s metropolitan cities, which highlights the limited capabilities of local governments in cities
Concept:
The Constitution mandates formation of Metropolitan Planning Committees (MPCs) in all metropolitan areas with a million-plus population.
MPCs are envisioned to ensure integrated planning for the entire metropolitan area, and are responsible for the preparation of draft development plans, synthesising priorities set by local authorities, State and Central governments.
Article 243 ZE of Part IX A provides for establishment of the Metropolitan Planning Committee (MPC)
The State legislature may by law make provision with respect to-
o the composition of the Metropolitan Planning Committees;
o the manner in which the seats in such Committees shall be filled: Provided that not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area;
o the representation in such Committees of the Government of India and the Government of the State and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such Committees; 118 | P a g e OPTIMIZE IAS
o the functions relating to planning and coordination for the Metropolitan area which may be assigned to such Committees;
o The manner in which the Chairpersons of such Committees shall be chosen.
The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.
92.Jammu and Kashmir and Article 35A
Context:
August 5 has marked the first anniversary of the abrogation of the special status of Jammu and Kashmir and conversion of the erstwhile state into two Union Territories
Article 35A
Article 35A allows the Jammu and Kashmir legislature to define permanent residents of the state. It was inserted through the Constitution (Application to Jammu and Kashmir) Order, 1954, which was issued by President under Article 370
Special rights and privileges given to permanent residents
Employment under the State Government
Acquisition of immovable property in the State
Settlement in the State; or
Right to scholarships and such other forms of aid as the State Government
Concept:
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After abrogation of special status, the Indian Constitution and all the 890 Central laws are fully applicable to J&K.
This has meant the application of 170 more Central laws to J&K, including progressive laws such as the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1954, the Whistle Blowers Protection Act, 2014, the National Commission for Safai Karamcharis Act, 1993
Direct supervision of the Central Vigilance Commission with regard to anti- corruption cases and the setting up of the 18th Bench of the Central Administrative Tribunal (CAT) for the UTs of J&K and Ladakh has occurred.
93.Subordinate Legislation
Context: Former Environment Minister Jairam Ramesh said that the Environment Impact Assessment Act (EIA) 2020 as a subordinate legislation violates the parent Environment Protection Act.
Concept: Under the general law, the term ‘subordinate legislation’ is often used to refer to a legislative instrument made by an entity under a power delegated to the entity by the Parliament. It can be necessary for legislative power to be delegated for any of the following reasons: o to save pressure on parliamentary time o the legislation is too technical or detailed to be suitable for parliamentary consideration o to deal with rapidly changing or uncertain situations o To allow for swift action in the case of an emergency.
94.Article 341 and 342
Context:
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The Supreme Court has given cogent reasons for a reconsideration of the verdict given by a five-judge Bench in 2004 that State legislatures have no power to create sub-classifications among the list of Scheduled Castes notified by the President
Concept:
The Bench has disagreed with the formulation in E.V. Chinnaiah vs. State of Andhra Pradesh (2004) that classifying Scheduled Castes into groups amounts to ‘tinkering’ with the Presidential list.
Articles 341 and 342, empower the President of India to draw up a list of schedule castes and tribes.
If such a notification is related to a state, then also President will notify the same. However, it can be done after consultation with the governor of the state
Any inclusion or exclusion from the presidential notification of any caste, race, or tribe can be done by Parliament by Law.
If any question arises whether or not particular tribe is a tribe within the meaning of this article one has to look at the public notification issued by the president.
95.Business Advisory Committee
Context:
The Congress and other opposition parties raised demands of discussion on issues of national security like the border situation with China, handling of the COVID-19 pandemic, economy and GST compensation to states in the first business advisory committee (BAC) meeting for Lok Sabha.
Concept:
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The Business Advisory Committee of Lok Sabha consists of 15 members including the Speaker who is the ex-officio Chairperson.
The members are nominated by the Speaker.
In practice, a new Committee after being nominated by the Speaker is constituted and assumes office in the first week of June every year.
Casual vacancies are filled by nomination of new members for the unexpired term of the Committee.
The Committee generally meets at the beginning of each Session and thereafter as and when necessary.
Almost all sections of the House are represented on the Committee.
The function of the Committee is to recommend the time that should be allotted for the discussion of such government legislative and other business as the Speaker, in consultation with the Leader of the House, may direct to be referred to the Committee.
The Committee, on its own initiative, may also recommend to the Government to bring forward particular subjects for discussion in the House and recommend allocation of time for such discussions.
The decisions reached by the Committee are always unanimous in character and representative of the collective view of the House.
96.MPLADS
Context:
Opposition demand for restoration of MPLADS funds in parliamentary session.
Concept:
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The Members of Parliament Local Area Development Scheme (MPLADS) is an ongoing Central Sector Scheme which was launched in 1993-94. The Scheme enables the Members of Parliament to recommend works for creation of durable community assets based on locally felt needs to be taken up in their constituencies in the area of national priorities namely drinking water, education, public health, sanitation, roads etc.
The Ministry of Statistics and Programme Implementation has been responsible for the policy formulation, release of funds and prescribing monitoring mechanism for implementation of the Scheme.
The MPLADS is a Plan Scheme fully funded by Government of India. The annual MPLADS fund entitlement per MP constituency is Rs. 5 crore.
Lok Sabha Members can recommend works within their Constituencies and Elected Members of Rajya Sabha can recommend works within the State of Election (with select exceptions). Nominated Members of both the Rajya Sabha and Lok Sabha can recommend works anywhere in the country.
97.Article 293
Context:
The GST Council can recommend to the Central government to permit the States to borrow money, as a measure for meeting the compensation gap, Attorney General (AG) KK Venugopal had opined
Concept:
Article 293: Borrowing by States
1. Subject to the provisions of this article, the executive power of a State extends to borrowing within the territory of India upon the security of the Consolidated Fund of the State within such limits, if any, as may from time to time be fixed by the Legislature of such State by law and to the giving of guarantees within such limits, if any, as may be so fixed 123 | P a g e OPTIMIZE IAS
2. The Government of India may, subject to such conditions as may be laid down by or under any law made by Parliament, make loans to any State or, so long as any limits fixed under Article 292 are not exceeded, give guarantees in respect of loans raised by any State, and any sums required for the purpose of making such loans shall be charged on the Consolidated Fund of India 3. A State may not without the consent of the Government of India raise any loan if there is still outstanding any part of a loan which has been made to the State by the Government of India or by its predecessor Government, or in respect of which a guarantee has been given by the Government of India or by its predecessor Government 4. A consent under clause ( 3 ) may be granted subject to such conditions, if any, as the Government of India may think fit to impose CHAPTER III PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS
98.Select Committee
Context:
Government pushed through two crucial agriculture Bills in Rajya Sabha, rejecting Opposition demands that they be referred to a Select Committee of Rajya Sabha.
Concept:
India’s Parliament has multiple types of committees. They can be differentiated on the basis of their work, their membership and the length of their tenure.
First are committees that examine bills, budgets and policies of ministries. These are called departmentally related Standing Committees. There are 24 such committees and between them, they focus on the working of different ministries. Each committee has 31 MPs, 21 from Lok Sabha and 10 from Rajya Sabha.
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subject matter or a Bill. These are Joint Parliamentary Committees (JPC). In 2011 the issue of telecom licences and spectrum was examined by a JPC headed by Congress MP P C Chacko. In 2016, the Citizenship (Amendment) Bill was sent to a JPC chaired by BJP MP Rajendra Agarwal.
And finally, there is a Select Committee on a Bill. This is formed for examining a particular Bill and its membership is limited to MPs from one House. Last year Rajya Sabha referred the Surrogacy (Regulation) Bill, 2019 to a Select Committee of 23 of its MPs from different parties. Since both the JPCs and Select Committees are constituted for a specific purpose, they are disbanded after their report. Both these types of committees are chaired by MPs from the ruling party.
99.National medical commission
Context:
Historic reform in the field of medical education has been effected by the Union Government with the constitution of the National Medical Commission (NMC), along with four Autonomous Boards.
Concept:
NMC will subsume the Medical Council of India and will regulate medical education and practice in India.
Functions of the NMC include: (i) laying down policies for regulating medical institutions and medical professionals, (ii) assessing the requirements of human resources and infrastructure in healthcare, (iii) ensuring compliance by the State Medical Councils with the regulations made under the Bill, and (iv) framing guidelines for determination of fee for up to 50% of the seats in the private medical institutions.
The NMC will consist of 25 members, including: (i) Director Generals of the Directorate General of Health Services and the Indian Council of Medical Research, (ii) Director of any of the AIIMS, (iii) five members (part-time) to be elected by the registered medical practitioners, and (iv) six members
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appointed on rotational basis from amongst the nominees of the states in the Medical Advisory Council.
Four autonomous boards were set up under the supervision of the NMC. Each board will consist of a President and four members (of which two members will be part-time), appointed by the central government (on the recommendation of a search committee).
These bodies are:
o The Under-Graduate Medical Education Board (UGMEB) and the Post- Graduate Medical Education Board (PGMEB): These two bodies will be responsible for formulating standards, curriculum, guidelines for medical education, and granting recognition to medical qualifications at the under-graduate and post-graduate levels respectively.
o The Medical Assessment and Rating Board: The Board will have the power to levy monetary penalties on institutions which fail to maintain the minimum standards as laid down by the UGMEB and the PGMEB. It will also grant permissions for establishing new medical colleges, starting postgraduate courses, and increasing the number of seats in a medical college.
o The Ethics and Medical Registration Board: This Board will maintain a National Register of all the licensed medical practitioners in the country, and also regulate professional and medical conduct. Only those included in the Register will be allowed to practice as doctors. The Board will also maintain a register of all licensed community health providers in the country.
100. Cauvery Water Management Authority’s (CWMA)
Context:
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The Cauvery Water Management Authority’s (CWMA) meeting saw a sharp exchange of words between Karnataka and Tamil Nadu over the Mekedatu dam project.
Concept:
Central Government, in exercise of the powers conferred by section 4 of the Inter-State River Water Disputes Act, 1956 had constituted the Cauvery Water Disputes Tribunal in 1990 to adjudicate upon the water dispute regarding the Inter-State river Cauvery and the river valley thereof among the States of Karnataka, Kerala, Tamil Nadu and Union territory of Puducherry;
The Tribunal investigated the matters referred to it and forwarded to the Central Government a report under sub-section (2) of section 5 of the Act on 2007. The party States filed special leave petitions in the Supreme Court against the said report.
Supreme Court converted the said special leave petitions into Civil Appeals. Supreme Court pronounced its judgment and directed the Central Government to frame a scheme under section 6A of the Act to implement the Tribunal Award as modified
In exercise of the powers conferred by section 6A of the said Act, the Central Government notified the Cauvery Water Management Scheme on 2018, inter alia, constituting the ‘Cauvery Water Management Authority’ and the ‘Cauvery Water Regulation Committee’
The Authority shall exercise such power and shall discharge such duty to do any or all things necessary, sufficient and expedient for securing compliance and implementation of the Award of the Tribunal as modified by the Hon’ble Supreme Court: (i) storage, apportionment, regulation and control of Cauvery waters; (ii) supervision of operation of reservoirs and with regulation of water releases therefrom with the assistance of Regulation Committee; (iii) regulated release by Karnataka, at the inter- 127 | P a g e OPTIMIZE IAS
State contact point presently identified as Billigundulu gauge and discharge station, located on the common border of Karnataka and Tamil Nadu.
101. Article 270 and history of cess
Context: The Comptroller and Auditor General (CAG) of India, in its latest audit report of government accounts, has observed that the Union government withheld in the Consolidated Fund of India (CFI) more than ₹1.1 lakh crore out of the almost ₹2.75 lakh crore collected through various cesses in 2018-19. Concept: The Union government is empowered to raise revenue through a gamut of levies, including taxes (both direct and indirect), surcharges, fees and cess. While direct taxes, including income tax, and indirect taxes such as GST are taxes where the revenue received can be spent by the government for any public purpose in any manner it deems appropriate for the nation’s good, a cess is a earmarked tax that is collected for a specific purpose and ought to be spent only for that. Every cess is collected after Parliament has authorised its creation through an enabling legislation that specifies the purpose for which the funds are being raised. Article 270 of the Constitution allows cess to be excluded from the purview of the divisible pool of taxes that the Union government must share with the States. 128 | P a g e OPTIMIZE IAS
History of cess 42 cesses have been levied at various points in time since 1944. Post Independence, the cess taxes were linked initially to the development of a particular industry, including a salt cess and a tea cess in 1953. Subsequently, the introduction of a cess was motivated by the aim of ensuring labour welfare. Some cesses that exemplified this thrust were the iron ore mines labour welfare cess in 1961, the limestone and dolomite mines labour welfare cess of 1972 and the cine workers welfare cess introduced in 1981. The introduction of the GST in 2017 led to most cesses being done away with and as of August 2018, there were only seven cesses that continued to be levied. These were Cess on Exports, Cess on Crude Oil, Health and Education Cess, Road and Infrastructure Cess, Building and Other Construction Workers Welfare Cess, National Calamity Contingent Duty on Tobacco and Tobacco Products and the GST Compensation Cess. And in February, Finance Minister introduced a new cess — a Health Cess of 5% on imported medical devices — in the Finance Bill for 2020-2021.
102. River Boards
Context The Centre will determine the jurisdictions of the Krishna and Godavari river management boards (KRMB and GRMB), Union Water Resources Minister Gajendra Singh Shekhawat said recently.
Concept Inter-State Water Disputes Article 262 of the Constitution provides for the adjudication of inter state water disputes. Under this, Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley.
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Parliament may also provide that neither the Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute or complaint. The Parliament has enacted the two laws, the River Boards Act (1956) and the Inter-State Water Disputes Act (1956). The River Boards Act provides for the establishment of river boards by the Central government for the regulation and development of inter-state river and river valleys. A River Board is established on the request of state governments concerned to advise them. The Inter-State Water Disputes Act empowers the Central government to set up an ad hoc tribunal for the adjudication of a dispute between two or more states in relation to the waters of an inter-state river or river valley. The decision of the tribunal is final and binding on the parties to the dispute. Neither the Supreme Court nor any other court is to have jurisdiction in respect of any water dispute which may be referred to such a tribunal under this Act. Godavari River Source: Godavari river rises from Trimbakeshwar near Nasik in Maharashtra and flows for a length of about 1465 km before outfalling into the Bay of Bengal. Drainage Basin: The Godavari basin extends over states of Maharashtra, Telangana, Andhra Pradesh, Chhattisgarh and Odisha in addition to smaller parts in Madhya Pradesh, Karnataka and Union territory of Puducherry. Tributaries: Pravara, Purna, Manjra, Penganga, Wardha, Wainganga, Pranhita (combined flow of Wainganga, Penganga, Wardha), Indravati, Maner and the Sabri Krishna River Source: It originates near Mahabaleshwar (Satara) in Maharashtra. It is the second biggest river in peninsular India after the Godavari River. Drainage: It runs from four states Maharashtra (303 km), North Karnataka (480 km) and the rest of its 1300 km journey in Telangana and Andhra Pradesh before it empties into the Bay of Bengal. Tributaries: Tungabhadra, Mallaprabha, Koyna, Bhima, Ghataprabha, Yerla, Warna, Dindi, Musi and Dudhganga.
103. District Development Council
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Context The Centre amended the Jammu and Kashmir Panchayati Raj Act, 1989, to facilitate the setting up of District Development Councils (DDC).
Concept The District Development Councils (DDCs) are set to become a new unit of governance in Jammu and Kashmir. This structure will include a DDC and a District Planning Committee (DPC). This system effectively replaces the District Planning and Development Boards in all districts, and will prepare and approve district plans and capital expenditure. Their key feature, however, is that the DDCs will have elected representatives from each district. The term of the DDC will be five years, and the electoral process will allow for reservations for Scheduled Castes, Scheduled Tribes and women. The council will hold minimum four meetings a year. J&K administration in a statement said that the move to have an elected third tier of the Panchayati Raj institution marks the implementation of the entire 73rd Amendment Act in J&K. DDCs is expected to become representative bodies for development at the grassroots in the 20 districts of the UT.
104. Committee of Parliament
Context Facebook India’s policy head Ankhi Das on Friday appeared before the Joint Committee of Parliament that is examining the draft Data Protection Bill. However, e-commerce giant Amazon declined to depose before the panel.
Concept Parliamentary Committee: Parliament scrutinises legislative proposals (Bills) in two ways: The first way is by discussing it on the floor of the two Houses. This is a legislative requirement; all Bills have to be taken up for debate. The second way is by referring a Bill to a Parliamentary Committee.
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A Parliamentary Committee means a committee that: Is appointed or elected by the House or nominated by the Speaker/Chairman. Works under the direction of the Speaker/Chairman. Presents its report to the House or to the Speaker/Chairman. Has a secretariat provided by the Lok Sabha/Rajya Sabha. Types of Parliamentary Committees: India’s Parliament has multiple types of committees. They can be differentiated on the basis of their work, their membership and the length of their tenure. However, broadly there are two types of Parliamentary Committees– Standing Committees and Ad Hoc Committees. The Standing Committees are permanent (constituted every year or periodically) and work on a continuous basis. They are, Financial Committees Departmental Standing Committees Committees to Enquire Committees to Scrutinise and Control Committees Relating to the Day-to-Day Business of the House House-Keeping Committees or Service Committees While the Ad Hoc Committees are temporary and cease to exist on completion of the task assigned to them. They are further subdivided into Inquiry Committees and Advisory Committees. Procedure: There are three broad paths by which a Bill can reach a Parliamentary Committee. The minister introducing the Bill recommends to the House that his Bill be examined by a Select Committee (Committee of one House i.e either Lok Sabha or Rajya Sabha) of the House or a Joint Committee of both Houses. The presiding officer of the House can also send a Bill to a Parliamentary Committee. A Bill passed by one House can be sent by the other House to its Select Committee.
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The report of the committee is of a recommendatory nature. The government can choose to accept or reject its recommendations. The Committee can also suggest its own version of the Bill.
105. Lokur Committee
Context The Supreme Court on Monday decided to keep in abeyance its previous order appointing former Supreme Court judge Justice Madan B. Lokur to a one-man committee to monitor/prevent stubble-burning in Uttar Pradesh, Haryana and Punjab.
Concept The committee will be helped by student volunteer forces deployed from the National Cadet Corps, the National Service Scheme and the Bharat Scouts and Guides, will protect Delhi-NCR (National Capital Region) from pollution caused by stubble-burning in the neighbouring Punjab, Haryana and Uttar Pradesh this winter. Student forces will patrol highways and fields in the three States and ensure that no fires are started in the fields. The Chief Secretaries of the three States will provide facilities to the committee and provide the student volunteers with adequate transportation to aid their vigil. Existing mobile teams and nodal officers of the States will report to the committee. The Supreme Court’s own Environment Pollution (Prevention and Control) Authority (EPCA) would consult with the committee on issues related to stubble-burning.
106. Punjab Farm Laws
Context Special session of the Punjab Assembly passed three farm amendment Bills removing Punjab from the ambit of the central laws. It is sent to governor office.
Concept
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Bill states that the sale of wheat and paddy shall be valid only if the seller pays a price equal to or greater than the MSP announced by the central government. It states that any person or company or corporate house violating the above provision will be punished with imprisonment of not less than three years and a fine. The Bills say the state government can notify a fee to be levied on private traders or electronic trading platforms for trade and commerce outside the mandis established under the Punjab Agricultural Produce Markets Act, 1961. Apart from the Governor, the Punjab government's new farm Bills need the assent of the President since they seek to amend laws passed by the central government. President assent to state bill: When a state bill is reserved by the governor for the consideration of the President, the President has three alternatives: He may give his assent to the bill; the bill then becomes an act. He may withhold his assent to the bill; the bill then ends and does not become an Act. He may return the bill for reconsideration of the House or Houses of the state legislature. When a bill is so returned, the House or Houses have to reconsider it within six months.
107. Essential Commodities Act
Context Govt. imposes stock limits on onion to check prices under Essential commodities act.
Concept Essential Commodities Act The ECA is an act which was established to ensure the delivery of certain commodities or products, the supply of which if obstructed owing to hoarding or black-marketing would affect the normal life of the people. The ECA was enacted in 1955. This includes foodstuff, drugs, fuel (petroleum products) etc.
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It has since been used by the Government to regulate the production, supply and distribution of a whole host of commodities it declares ‘essential’ in order to make them available to consumers at fair prices. Additionally, the government can also fix the maximum retail price (MRP) of any packaged product that it declares an “essential commodity”. The list of items under the Act includes drugs, fertilizers, Food items, pulses and edible oils, and petroleum and petroleum products. The Centre can include new commodities as and when the need arises, and takes them off the list once the situation improves.
How ECA works? If the Centre finds that a certain commodity is in short supply and its price is spiking, it can notify stock-holding limits on it for a specified period. The States act on this notification to specify limits and take steps to ensure that these are adhered to. Anybody trading or dealing in the commodity, be it wholesalers, retailers or even importers are prevented from stockpiling it beyond a certain quantity. A State can, however, choose not to impose any restrictions. But once it does, traders have to immediately sell into the market any stocks held beyond the mandated quantity. This improves supplies and brings down prices. As not all shopkeepers and traders comply, State agencies conduct raids to get everyone to toe the line and the errant are punished. The excess stocks are auctioned or sold through fair price shops. Ex: The Union Government has brought masks and hand-sanitisers under the ECA to make sure that these products, key for preventing the spread of Covid-19 infection, are available to people at the right price and in the right quality For Food Items: Based on the deliberations, Government takes various measures from time to time to stabilize prices of essential food items which, inter-alia, include appropriately utilizing trade and fiscal policy instruments like import duty. The govt. can impose stock limits and advise State for effective action against hoarders & black marketers etc. to regulate domestic availability and moderate prices.
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The government utilizes the buffer of agri-horticultural commodities like pulses, onion, etc. built under Price Stabilization Fund (PSF) to help moderate the volatility in prices.
108. NDPS ACT
Context The Supreme Court has ruled on a long-pending question of law on whether statements recorded under Section 67 of the Narcotics Drugs and Psychotropic Substances (NDPS) Act can be admissible as confessional statements during criminal trials.
Concept: Narcotic Drugs and Psychotropic Substances Act, 1985: The Narcotic Drugs and Psychotropic Substances Act is an Act of the Parliament of India that prohibits a person to produce/ manufacture/ cultivate, possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic substance. As per the NDPS Act, narcotic drugs include coca leaf, cannabis (hemp), opium and poppy straw. Psychotropic substance means any natural or synthetic material or any salt or preparation covered under the 1971 convention on Psychotropic substances. The following conventions various forms of control to limit the use of narcotic drugs and psychotropic substances The UN Single Convention on Narcotics Drugs 1961 The Convention on Psychotropic Substances, 1971 The Convention on Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 India is a signatory to all these three. NDPS Act has made stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances. As per the NDPS Act, the minimum sentence for dealing with drugs is 10 years rigorous imprisonment coupled with a fine of Rs. 1 lakh. No bail is granted for those persons booked under this act.
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In addition, no relief can be obtained by the drug convicts through suspension, remission and commutation of sentences passed. NDPS Act prescribes capital punishment for repeat offenders of drug trafficking even though the offence cannot be called as a heinous crime.
109. Committee to Review TRP Agencies
Context Ministry of Information and Broadcasting has constituted a committee to review “Guidelines on Television Rating Agencies in India” notified by the Ministry in 2014.
Concept The committee will be chaired by Shashi S. Vempati, CEO, Prasar Bharti. Terms of Reference Study past recommendations made by various forums on the subject of television rating systems in India and matter incidental thereto; Study recent recommendations of Telecom Regulatory Authority on the subject; Suggest steps for enhancing competition in the sector; Review of the presently notified guidelines to see if the intended purpose(s) of issuing the guidelines have stood the test of time and has met needs of various stakeholders involve The lacunae, if any, shall be specially addressed by the Committee.
TRP (Television Rating Points): TRP is the metric used by the marketing and advertising agencies to evaluate viewership. Anyone who watches television for more than a minute is considered a viewer. It represents how many people, from which socio-economic categories, watched which channels for how much time during a particular period. This period is one minute as per the international standards.
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110. FCRA
Context The Ministry of Home Affairs (MHA) has relaxed norms for farmer, student, religious and other groups who are not directly aligned to any political party to receive foreign funds if the groups are not involved in “active politics”.
Concept The Ministry notified new rules under the Foreign Contribution Regulation Act (FCRA), 2010 on Wednesday thereby amending the FCRA Rules, 2011. The new rule said, “The organisations specified under clauses (v) and (vi) of sub-rule (1) shall be considered to be of political nature, if they participate in active politics or party politics, as the case may be. It is mandatory to have FCRA clearance from the Home Ministry for any organisation to receive foreign funds. Foreign funding of voluntary organizations in India is regulated under FCRA act and is implemented by the Ministry of Home Affairs.
Key provisions of the Foreign Contribution (Regulation) Act (FCRA), 2010: Under the Act, organisations require to register themselves every five years. As per the amended FCRA rules, all NGOs registered or granted prior permission under FCRA are now required to upload details of foreign contributions received and utilized by them every three months on their website or the FCRA website. NGOs now need to file their annual returns online, with the hard copy version dispensed with.
Who cannot accept Foreign Contribution? Election candidate Member of any legislature (MP and MLAs) Political party or office bearer thereof Organization of a political nature Correspondent, columnist, cartoonist, editor, owner, printer or publishers of a registered Newspaper.
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Judge, government servant or employee of any corporation or any other body controlled on owned by the Government. Association or company engaged in the production or broadcast of audio news, audio visual news or current affairs programmes through any electronic mode Any other individuals or associations who have been specifically prohibited by the Central Government
What are the eligibility criteria for grant of registration? The Association must be registered (under the Societies Registration Act, 1860 or Indian Trusts Act 1882 or section 8 of Companies Act, 2013 etc.) It should normally be in existence for at least 3 years. It has undertaken reasonable activity in its field for the benefit of the society. It has spent at least Rs.10,00,000/- (Rs. ten lakh) over the last three years on its activities.
111. Anganwadi Services
Context Central government has announced its decision to reopen anganwadis across the country after a gap of seven months.
Concept Women and Child Development ministry issued an order allowing the States to reopen anganwadis outside containment zones with immediate effect.
Anganwadi Anganwadi is a centrally sponsored scheme implemented by the States/ UTs which serves as a rural child and maternal care centre in India. It was started by the Government of India In 1975 as part of the Integrated Child Development Services program to combat child hunger and malnutrition.
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Anganwadi centres provide a package of six services: supplementary nutrition, pre-school non-formal education, immunisation, health check-up, nutrition and health education, and referral services. The beneficiaries under the Anganwadi Services Scheme are identified on the basis of Aadhaar. 112. Inter State Migrant Workmen Act
Context Migrant labourers, abandoned by employers and the state, undertaking an arduous journey home, in many cases walking hundreds of kilometres on the highways, became the defining image of the national lockdown during the pandemic.
Concept: The Act seeks to regulate the employment of inter-State migrants and their conditions of service. It envisages a system of registration of such establishments. The principal employer is prohibited from employing inter-State workmen without a certificate of registration from the relevant authority. The law also lays down that every contractor who recruits workmen from one State for deployment in another State should obtain a licence to do so. Contractors are bound by certain conditions. These include committing them to providing terms and conditions of the agreement or any other arrangement on the basis of which they recruit workers.
Applicability of the law: It is applicable to every establishment that employs five or more migrant workmen from other States; or if it had employed five or more such workmen on any day in the preceding 12 months. It is also applicable to contractors who employed a similar number of inter- State workmen. The Act would apply regardless of whether the five or more workmen were in addition to others employed in the establishment or by the contractors.
Beneficial provisions for inter-State migrants:
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Registration of establishments employing inter-State workers creates a system of accountability and acts as the first layer of formalising the utilisation of their labour. It helps the government keep track of the number of workers employed and provides a legal basis for regulating their conditions of service. The wage rates, holidays, hours of work and other conditions of service of an inter- State migrant workman shall be the same as those extended to other workmen in the same establishment, if the nature of their work is similar. Attempts to reform: As part of the present regime’s efforts towards consolidating and reforming labour law, a Bill has been introduced in Parliament called the Occupational Safety, Health and Working Conditions Code, 2019. The proposed code seeks to merge 13 labour laws into a single piece of legislation. The Inter-State Migrant Workmen Act, 1979, is one of them.
113. Article 356
Context The Supreme Court Friday stayed an order of the Andhra Pradesh High Court to examine if there has been constitutional breakdown in the state.
Concept Article 356 of the Constitution of India gives President of India the power to suspend state government and impose President’s rule of any state in the country “if he is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution”. It is also known as ‘State Emergency’ or ‘Constitutional Emergency’. Implications: Upon the imposition of this rule, there would be no Council of Ministers. The state will fall under the direct control of the Union government, and the Governor will continue to head the proceedings, representing the President of India.
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Parliamentary Approval and Duration: A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue. The approval takes place through simple majority in either House, that is, a majority of the members of the House present and voting. Initially valid for six months, the President’s Rule can be extended for a maximum period of three years with the approval of the Parliament, every six months.
Report of the Governor: Under Article 356, President’s Rule is imposed if the President, upon receipt of the report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution.
Revocation A proclamation of President’s Rule may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.
114. Impeachment Procedure in USA AND INDIA
Context House Speaker Nancy Pelosi of California said that the House would move to impeach President Donald Trump over his role in inciting a violent mob attack on the Capitol if he did not resign “immediately,” appealing to Republicans to join the push to force him from office.
Concept: Impeachment in US Impeachment is a provision that allows Congress to remove the President of the United States. Under the US Constitution, the House of Representatives (Lower House) has the “the sole power of impeachment” while the Senate (Upper House) has “the sole power to try all impeachments”.
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The Chief Justice of the US Supreme Court has the duty of presiding over impeachment trials in the Senate.
Grounds for impeachment The President can be removed from office for “treason, bribery, or other high crimes and mis demeanors”. What constitutes these “high crimes” and “misdemeanors” (mis- demeanors), however, is not clearly spelt out. No US President has ever been removed as a direct result of impeachment.
House Vote It begins with an investigation by a House committee. In the lower house, the House Judiciary Committee will do the investigation and recommends to the full House. If they find that there is enough evidence of wrongdoing, it will refer the matter to the full House. When the full House votes, if one or more of the articles of impeachment gets a majority vote, the President is impeached. Next, the proceedings move to the Senate.
Senate Trial and Vote The Senate holds a trial, overseen by the chief justice of the Supreme Court. A team of lawmakers from the House, known as managers, play the role of prosecutors. The President has defence lawyers, and the Senate serves as the jury. If at least two-thirds of the Senators present find the President guilty, he is removed and the Vice President takes over as President. Impeachment of President of India (Article 61 ) The president may be removed before the expiry of the term through impeachment for violating the Constitution of India by the Parliament of India. The process may start in either of the two houses of the parliament. The house initiates the process by levelling the charges against the president. The charges are contained in a notice that has to be signed by at least one- quarter of the total members of that house.
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The notice is sent up to the president and 14 days later, it is taken up for consideration. Procedure A resolution to impeach the president has to be passed by a two-thirds majority of the total number of members of the originating house. It is then sent to the other house. The other house investigates the charges that have been made. During this process, the president has the right to defend oneself through an authorised counsel. If the second house also approves the charges made by special majority again, the president stands impeached and is deemed to have vacated their office from the date when such a resolution stands passed. No president has faced impeachment proceedings so the above provisions have never been used.
115. Pardoning Power of president
Context Three days after the Centre assured the Supreme Court that Tamil Nadu Governor was set to take a call on release of Rajiv Gandhi assassination convict, the Governor’s office, left a decision on pardon of all the convicts in the case to President .
Concept:
Clemency powers of the President under article 72: It says that the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. Pardon –A pardon completely absolves the offender from all sentences and punishment and disqualifications and places him in the same position as if he had never committed the offence. Commutation– Commutation means exchange of one thing for another. In simple words to replace the punishment with less severe punishment. For example for Rigorous imprisonment simple imprisonment.
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Reprieve– Reprieve means temporary suspension of death sentence. For example- pending a proceeding for pardon or commutation. Respite – Respite means awarding a lesser punishment on some special grounds. For example the Pregnancy of women offender. Remissions– Remission means the reduction of the amount of sentence without changing its character, for example, a sentence of 1 year may be remitted to 6 months. The President can exercise these powers: In all cases where the punishment or sentence is by a court martial; In all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends; In all cases where the sentence is a sentence of death. The pardoning power of President is wider than the governor and it differs in the following two ways: The power of the President to grant pardon extends in cases where the punishment or sentence is by a Court Martial but Article 161 does not provide any such power to the Governor. The President can grant pardon in all cases where the sentence given is sentence of death but pardoning power of Governor does not extend to death sentence cases. Key facts: This power of pardon shall be exercised by the President on the advice of Council of Ministers. Further, the constitution does not provide for any mechanism to question the legality of decisions of President or governors exercising mercy jurisdiction. But the SC in E-puru Sudhakar case has given a small window for judicial review of the pardon powers of President and governors for the purpose of ruling out any arbitrariness. The court has earlier held that court has retained the power of judicial review even on a matter which has been vested by the Constitution solely in the Executive.
116. Kotia dispute
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Context Odisha to move Supreme Court over Andhra bid to conduct polls in disputed region.
Concept Odisha and Andhra Pradesh are involved in dispute since 1960 over Kotia Gram Panchayat which involves 21 villages. The village currently receives benefits from blocks of both states. Odisha was formed after taking it out from the Bengal-Bihar province in 1936. Since then, they have outstanding border disputes with Andhra Pradesh, Chhattisgarh (villages in Nabarangpur and Jharsuguda district), Jharkhand (Baitarni river floodplain) and West Bengal (pockets of Mayurbhanj and Balasore district). With Chhattisgarh it has river dispute and Mahanadi Water Dispute Tribunal was formed in 2018. It also has river disputes with the Andhra Pradesh over Vamsadhara river.
117. Power to make changes in the SC list
Context The Union government on Saturday introduced a Bill in the Lok Sabha to group seven Scheduled Caste groups in the Tamil Nadu under a common nomenclature as “Devendra kulaVellalars”.
Concept The bill to classify the community is based on accepting the recommendation of the Hansraj Varma Committee. Article 341(1) of the Indian Constitution gives the president the power to notify which castes in the country and in specific states come under the category of Scheduled Castes. Under article 341 (2) of the Constitution the power to make changes to the SC and ST list lies with the Parliament and not state legislatures. Any change in the lists of the Scheduled Castes and Tribes requires a constitutional amendment.
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Only proposals agreed by both the Registrar General of India and the National Commission for Scheduled Castes are introduced as a Bill in Parliament. The criteria for inclusion in SC list are extreme social, educational and economic backwardness arising out of traditional practice of untouchability. Scheduled Castes are those castes named in the Scheduled Castes order of the Government of India, promulgated in August 1950.
118. LG of Puducherry/UTs
Context Kiran Bedi was removed as the Lieutenant-Governor of Puducherry with the Telangana governor taking additional charge of the UT.
Concept Constitutional provisions
Article 239 in The Constitution of India 1949 provides for every Union territory to be administered by the President by an administrator appointed by him, save as otherwise provided by Parliament by law. Art 239 A says that Parliament may by law create for the Union territory of Puducherry — a body, whether elected or partly nominated and partly elected, to function as a Legislature for theUnion territory, ora Council of Ministers,On the other hand, Article 239 AA talks about the powers and functions of Delhi government andLieutenant Governor specifically.
More about LG: The Government of Union Territories Act, 1963 provides for administration of Union Territory (UT) by the President through an administrator (In case of Pondicherry it is Lieutenant-Governor). The act also provides for a legislative assembly with a council of minister to govern the "UT of Pondicherry". The act in section 44 talks of the aid and advice of CoM to the Administrator in the exercise of his functions in relation to matters with
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respect to which the Legislative Assembly of the Union Territory has power to make laws Section 44 says that in case of a difference of opinion between the LG and his Ministers on any matter, the Administrator is bound to refer it to the President for a decision and act according to the decision given by the President. The act also provides for discretion of LGs which is significantly more compare to governors in state. Section 22 of the Act provides for prior sanction of the Administrator is required for certain legislative proposals: The act provides for the elected govt to take recommendation of the LG before moving a Bill or an amendment to provide for “the imposition, abolition, remission, alteration or regulation of any tax”, “the amendment of the law with respect to any financial obligations undertaken or to be undertaken”, and anything that has to do with the Consolidated Fund of the UT. Options before the LG: Either grant or withhold his assent or reserve it for the consideration of the President. He can also send it back to the Assembly for reconsideration The Rules of Business of the Government of Pondicherry, 1963 also provides for how the LG should function w.r.t elected govt.
LG of Delhi vs LG of Pondicherry: The LG of the Delhi has executive functions w.r.t Police, public order and land unlike the LG of the Pondicherry. The LG of Delhi is also guided by the Government of National Capital Territory of Delhi Act, 1991, and the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993, the LG of Puducherry is guided mostly by the Government of Union Territories Act, 1963.
119. Surya Prakash Committee
Context The govt had accepted the committee suggestion that Parliament should have only one channel, which could be called Sansad TV.
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Concept: A 6-member committee was constituted in November 2019 headed by Prasar Bharati Chairman Surya Prakash to work out the modalities and prepare the guidelines for pooling resources, manpower and technology for the merger of the RSTV and LSTV. The need was felt as Parliament is in session for close to 100 days in a year and thus for the remaining period there is really no need for two channels. Panel also said that the Sansad TV could have two platforms to telecast live the proceedings of Rajya Sabha and Lok Sabha during Sessions though Sansad 1 and Sansad 2 and could broadcast the same programme, in Hindi and English respectively, during the inter-Session period. However, no decision has been taken on this suggestion yet.
120. Article 342 A
Context Various petitioners argue (maharastra reservation case )in the Supreme Court that Maharashtra did not have the legislative competence to add the Maratha community to the list of Socially and Educationally Backward Classes (SEBC) after the 102nd Amendment to the Constitution of India.
Concept Article 342 A was added by 102nd amendment in 2018. It states that, The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the socially and educationally backward classes which shall for the purposes of this Constitution be deemed to be socially and educationally backward classes in relation to that State or Union territory, as the case may be. Parliament may by law include in or exclude from the Central List of socially and educationally backward classes specified in a notification issued under clause (1) any socially and educationally backward class, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
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121. President Consent to State Bills
Context The Union government informed the Lok Sabha on Tuesday that an inter- ministerial consultation for the Andhra Pradesh Disha (Special Courts for Specified Offences against Women and Children) Bill, 2020, had been initiated. Minister of State for Home G. Kishan Reddy informed the House that the Bill reserved by the Governor had been received in January 2021 for assent of the President
Concept Article 200 of the Indian Constitution provides provisions regarding the powers of the Governor when a bill is passed by the state legislature. The Governor shall declare either that he assents to the Bill or that he withholds assent there from or that he reserves the Bill for the consideration of the President. When a bill other than money bill is presented before Governor for his assent, he either gives assent to the bill, withhold his assent to the bill or return the bill for reconsideration of houses. If the bill is passed again by state legislature with or without amendments, he has to give his assent or reserve the bill for consideration of President. The Governor cannot send money bill back for reconsideration because the money bill would usually be introduced with prior assent of Governor only. In case the money bill reserved for Presidents assent, the President has to state whether he is giving assent or withholding his assent. The Constitution does not furnish any guidance to the Governor that in which matters he should accord his assent and in which matters he should withhold assent.
Options for President on Bills reserved by Governor When a bill passed by a state legislature is reserved by the governor for consideration of the President, the President can: Give his assent to the bill, or Withhold his assent to the bill, or Direct the governor to return the bill (if it is not a money bill) for reconsideration of the state legislature.
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It should be noted here that it is not obligatory for the President to give his assent even if the bill is again passed by the state legislature and sent again to him for his consideration.
122. PESA
Context 25 years on, many Indian states haven’t implemented a law that empowers Adivasi communities.
Concept PESA is a law enacted by Government of India to cover the “Scheduled Areas”, which are not covered in the 73rd Constitutional amendment. This particular act extends the provisions of Part IX to the Scheduled Areas of the country. PESA brought powers further down to the Gram Sabha level. The Gram Sabha in the Panchayat Act were entrusted with wide ranging powers starting from consultation on land acquisition to that of ownership over minor forest produces and leasing of minor minerals. PESA became operative at a time when Indian economy was opening up all its frontiers to foreign direct investment. The mining sector, which is mostly located in the scheduled areas of the country where PESA operates, were made open to MNCs and the Indian Corporate sector for exploitation of mineral resources at a throwaway price. One of the highlighting features of PESA is its suggestion that, every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution. It has further provided that the Gram Sabha or Panchayats at appropriate level shall have the following powers: To be consulted on matters of land acquisition and resettlement. Grant prospecting license for mining lease for minor minerals and concessions for such activities. Planning and management of minor water bodies.
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The power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant. The ownership of minor forest produces. The power to prevent alienation of land and to restore any unlawfully alienated land of a scheduled tribe. The power to manage village markets. The power to exercise control over money lending to scheduled tribes. While giving such wide-ranging powers to Gram Sabhas or Panchayats, PESA has further given an added responsibility to States that they may endow Panchayats with powers and authority as may be necessary to enable them to function as institutions of self- government.
123. Public Accounts Committee
Context Amid the hectic campaigning in West Bengal, Congress leader Adhir Ranjan Chowdhury made a dash to Delhi on Friday to chair a meeting of the Public Accounts Committee.
Concept The committee was first mentioned in the Montagu and Chelmsford Reforms or the Government of India Act 1919 but it came into existence only in 1921. It examines the annual audit reports and is responsible for mainly taking care of public expenditure to check for any kind of fraud, mal-functioning, waste, or extravagance in the funds utilized in the government projects that are being undertaken.
Members of the Public Accounts Committee (PAC) The committee comprises 22 members. 15 from the Lok Sabha (or the Lower House) and 7 from the Rajya Sabha (or the Upper House). He or She cannot be a minister in the Cabinet.
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The members are elected from the members of the Parliament by conducting an election by Proportional Representation by means of the Single Transferable Voting System (PRSTV). Every member elected by the Parliament holds office for a year after which fresh elections take place and a new set of committee members are elected. Chairperson of the Public Accounts Committee The Speaker of the Lok Sabha elects the Chairperson of the Public Accounts Committee from amongst its members. Though initially, the Chairperson used to be appointed from the ruling party it was later decided to appoint the chairperson from the opposition party invariably. Functions of the Public Accounts Committee Examines the financial accounts and the appropriation accounts of the Central Government which is made by the Lok Sabha. Scrutinizes audit reports made by the Comptroller and Auditor General (CAG) of India to make sure it is justified and no fraud or mistakes have been made. It also ensures that the money used is legally available and also conforms to the cause it’s needed for, to avoid extravagance and wastage. Examines accounts of State Corporations, Trading Concerns, and Manufacturing Products. Examines the accounts of Autonomous and Semi-Autonomous Bodies. It keeps check of any money spent on any service availed or utilized in the year and makes a thorough report of it.
124. Article 244 A
Context Congress leader Rahul Gandhi promised to implement Article 244 (A) of the Constitution to safeguard the interests of the people in Assam’s tribal-majority districts.
Concept: Article 244(A) allows for creation of an ‘autonomous state’ within Assam in certain tribal areas.
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Inserted into the Constitution in 1969, it also has a provision for a Legislature and a Council of Ministers. Under Article 244(A)(1), the Parliament may, by law, form within the State of Assam an autonomous State comprising all or any of the tribal areas. How is it different from the Sixth Schedule of the Constitution? The Sixth Schedule of the Constitution — Articles 244(2) and 275(1) — is a special provision that allows for greater political autonomy and decentralised governance in certain tribal areas of the Northeast through autonomous councils that are administered by elected representatives. In Assam, the hill districts of Dima Hasao, Karbi Anglong and West Karbi and the Bodo Territorial Region are under this provision. Article 244(A) accounts for more autonomous powers to tribal areas. In Autonomous Councils under the Sixth Schedule, they do not have jurisdiction of law and order.
125. Doctrine of Colourable Legislation
Context The Places of worship Act of 1991, is appropriately called an Act of colourable legislation. As the Courts have held, “you cannot do indirectly which you are prohibited from doing directly”.
Concept Doctrine of Colourable Legislation Legislation is considered as colourable when a legislature having no power or legislative competence enacts legislation that is so camouflaging that it appears to fall within its legislative competence. The objective lies in the fact that what the legislature can’t legislate directly; it cannot go beyond its competency to legislate it indirectly. This principle is known as the doctrine of colourable legislation.
126. ISI Mark and BIS Hallmark
Context The Centre will go ahead with its plan to mandate hallmarking of gold jewellery from June 1. The plan had been delayed due to the COVID-19 pandemic.
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Concept ISI Mark: Who issues: Bureau of Indian Standards (BIS) Which products: Industrial products Effective since: 1955 ISI Mark is a certification mark for industrial products in India. The mark certifies that a product confirms to the Indian Standards, mentioned as IS: XXXX on the top of the mark. BIS Hallmark: • Who issues it: Bureau of Indian Standards • For which products: Gold and silver jewellery • Applicable since: It is applicable for gold since April, 2000 and for silver since 2005. To judge the purity of the gold ornaments, these numbers are written on the jewelry; • For 23 carat gold, you can find 958 number stamped on jewelry. • For 22 carats 916 • For 21 carats 875 • For 18 carats 750 • For 17 carats 708 • For 14 carats 585 • For 9 carats 375
127. President Rule in Delhi
Context AAP MLA Shoaib Iqbal on Friday demanded imposition of President's rule in Delhi in view of the massive surge in COVID-19 cases.
Concept In NCT of Delhi, President's rule is applied on the basis of Article 239AB of the Constitution of India (as the Article 356 is not applicable to Union Territories) which reads thus:
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Article 239AB. -If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied— that a situation has arisen in which the administration of the National Capital Territory cannot be carried on in accordance with the provisions of article 239AA or of any law made in pursuance of that article; or that for the proper administration of the National Capital Territory it is necessary or expedient so to do, the President may by order suspend the operation of any provision of Article 239AA or of all or any of the provisions of any law made in pursuance of that article for such period and subject to such conditions as maybe specified in such law and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the National Capital Territory in accordance with the provisions of article 239 and article 239AA. Article 239 AA (inserted by 69th amendment act, 1991): UT of Delhi is called National Capital Territory of Delhi; Legislative Assembly; make laws over State & Concurrent List.
128. Govt considering plea for Rs 4 lakh to COVID victims, SC told
Context: The Centre on Friday informed the Supreme Court that it was considering a plea to provide monetary compensation of Rs 4 lakh to the family members of those who have died due to COVID-19.
Concept Bansal cited Section 12 (iii) of the Disaster Management Act (DMA) providing for ex gratia monetary compensation for the families of those who died during a notified disaster. Section 12 in the Disaster Management Act, 2005 The National Authority shall recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall include,— the minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation;
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the special provisions to be made for widows and orphans; ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood; such other relief as may be necessary.
129. DCGI Relaxes Norms for Clearing Vaccines
Context India’s apex drug regulator Tuesday waived the requirement for foreign companies to conduct post-launch bridging trials and test the quality and stability of their Covid-19 vaccines here if they have approvals from specific countries or health bodies
Concept
Drugs Controller General of India (DCGI) DCGI under gamut of Central Drugs Standard Control Organization (CDSCO) is responsible for approval of licenses of specified categories of drugs such as blood and blood products, vaccines, IV fluids and sera in India. DCGI lays down standards and quality of manufacturing, selling, import and distribution of drugs in India. It acts as appellate authority in case of any dispute regarding quality of drugs. It prepares and maintains national reference standard. It brings about uniformity in enforcement of Drugs and Cosmetics Act. It trains Drug Analysts deputed by State Drug Control Laboratories and other Institutions.
130. Centre starts action against West Bengal ex-chief secretary Alapan Bandyopadhyay
Context The memorandum informs Bandyopadhyay that the Centre proposes to hold major penalty proceedings against him under Rule 8 of All-India Services
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(Discipline and Appeal) Rules, 1969, read with Rule 6 of All-India Services (Death- cum-Retirement Benefits) Rules, 1958.
Concept The post of Chief Secretary is the senior-most position held in the civil services of the states and union territories of India. Chief Secretary (CS) is chosen by Chief Minister from among the senior most IAS officers (Appointed by Governor of the state ) and also CS doesn’t have fixed tenure. The chief secretary discharges vital functions which Include: Adviser to the CM: Chief- Secretary acts as an advisor to the CM. Being head of the permanent executive branch he strives for a sound administration. Secretary to the Cabinet: Chief-Secretary acts as a secretary to the state cabinet. Chief Secretary is the administrative head of the cabinet secretariat and attends the meeting of the cabinet and its subcommittees. Head of State Cabinet Secretariat: State Cabinet Secretariat whose functions include Secretarial assistance, implementation of decisions, policy coordination and providing information is headed by Chief-Secretary. Head of Civil Services: Chief- Secretary acts as the head of the state civil services. Important cases pertaining to appointments, transfers and promotion of senior state civil servants go to his/her desk. Coordinator of Civil Service Efforts: Chief Secretary ensures inter departmental coordination. Chief Secretary advises the secretaries on inter departmental difficulties. He is the chairman of coordination committees which are set up for resolving inter-departmental disputes. Residual Legatee: The chief secretary also acts as the residual legatee, that is, he looks after all those matters which do not fall within the purview of other secretaries.
131. National River Conservation Plan
Concept The Ganga Action Plan (GAP) Phase – I which was taken up as 100% centrally funded scheme and aimed at preventing the pollution of river Ganga and to improve its water quality.
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It was started in June 1985 Subsequently, the GAP Phase II was launched in 1993 for pollution abatement of river Yamuna and Gomti, major tributaries of river Ganga. The river pollution abatement programme was further expanded to include other major rivers of the country in 1995 under the aegis of National River Conservation Plan (NRCP). Finally in December 1996, GAP Phase II was also merged with the NRCP. All projects for river cleaning in the country was brought under one umbrella scheme of NRCP. Objective To improve the water quality of the major rivers which are the major fresh water source in the country through the implementation of pollution abatement Schemes. The activities under NRCP include the following: Interception and diversion works/ laying of sewerage systems to capture raw sewage flowing into the rivers through open drains and diverting them for treatment. Setting up of Sewage Treatment Plants (STPs) for treating the diverted sewage. Construction of Low Cost Sanitation Toilets to prevent open defecation on river banks. Construction of Electric Crematoria and Improved Wood Crematoria to conserve the use of wood. River Front Development works, such as improvement of bathing ghats. Public participation & awareness and capacity building.
132. MoS Jal Shakti Urges All MPs To Participate And Support Jal Shakti Abhiyan-2
Context Minister of State for Jal Shakti, Shri Rattan Lal Kataria has written personal letters to all MPs, both Lok Sabha and Rajya Sabha, to support the ongoing “Jal Shakti Abhiyan: Catch The Rain” campaign in their respective constituencies and states.
Concept
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The Abhiyan with the theme- “Catch the Rain where it falls, when it falls’ was launched by Prime Minister Shri Narendra Modi on the occasion of world water day - March 22, 2021. The campaign aims at tapping rainwater by constructing artificial recharge structures, revitalizing existing ponds and water bodies, creating new water bodies, provisioning check dams, rejuvenating wetlands and rivers before the onset of monsoon. It is also planned to create a data-base of all water bodies in the country by geo tagging them and using this data to create scientific and data-based district level water conservation plans. Jal Shakti Abhiyan: Catch The Rain campaign covers all rural and urban areas of all districts of the country, unlike the Jal Shakti Abhiyan-1 of 2019, which covered only 1592 water stressed blocks out of 2836 blocks in 256 districts of the country. Jal Shakti Abhiyan 1 The Jal Shakti Abhiyan was launched by the Ministry of Jal Shakti in 2019. It is a campaign for water conservation and water security in the country through a collaborative effort of various ministries of the Government of India and state governments. The focus of the campaign is on water stressed districts and blocks.
133. RENEWABLE ENERGY CERTIFICATE (REC) Mechanism
Context Recently, the Ministry of Power has circulated a discussion paper on redesigning the Renewable Energy Certificate (REC) Mechanism for comments of stakeholders in power sector.
Concept: Renewable Energy Certificate (REC) It is a market based instrument to promote renewable energy and facilitate compliance of renewable purchase obligations (RPO). It is a tradable, legal mechanism that represents the environmental benefits associated with one Megawatt-hour of electricity generated from a renewable energy resource.
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It is aimed at addressing the mismatch between availability of RE resources in state and the requirement of the obligated entities to meet the renewable purchase obligation (RPO). One Renewable Energy Certificate (REC) is treated as equivalent to 1 MWh. Eligibility under Renewable Energy Certificate (REC) A generating company engaged in generation of electricity from renewable energy sources shall be eligible to apply for registration for issuance of and dealing in Certificates if it fulfills the following conditions: It has obtained accreditation from the State Agency; and It does not have any power purchase agreement for the capacity related to such generation to sell electricity, with the obligated entity for the purpose of meeting its renewable purchase obligation. A distribution licensee shall be eligible to apply for registration with the Central Agency for issuance conditions: It has procured renewable energy, in the previous financial year, at a tariff determined under Section 62 or adopted under Section 63 of the Act; and It has obtained a certification from the Appropriate Commission towards procurement of renewable energy.
134. NISHTHA Capacity Building Programme for EMRS Teachers and Principals
Context Ministry of Tribal Affairs and NCERT came together on a joint mission for NISHTHA Capacity Building Programme for EMRS Teachers and Principals.
Concept The capacity building program is aimed to build competencies among teachers and school principals and Improving Quality of School Education through Integrated Teacher Training. The participants were capacitated on 18 holistic and comprehensive modules covering different aspects of education. The Ministry is devising a plan to build a pool of Key Resource Persons from amongst all the batches of NISHTHA programs to be conducted in the coming months.
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The "Unbox Tinkering - ATL Teacher Training Program" was also organized in coordination with Atal Innovation Mission, NITI Aayog, IBM and Learning Links foundation.
NISHTHA Programme It is a National Initiative for School Heads' and Teachers' Holistic Advancement. It was launched by the Department of School Education and Literacy. It is a National Mission which aims to improve learning outcomes at the elementary level through an Integrated Teacher Training Programme. It is developed under the Centrally Sponsored Scheme of Samagra Shiksha in 2019-20. It aims to build competencies among all the teachers and school principals at the elementary stage. Its basic objective is to motivate and equip teachers to encourage and foster critical thinking in students.
Eklavya Model Residential Schools (EMRSs) It was started in 1997 to impart quality education to ST children in remote areas. It will enable ST children to avail of opportunities in high and professional educational courses and get employment in various sectors. Each school has a capacity of 480 students, catering to students from Class VI to XII. The grants were given for construction of schools and recurring expenses to the State Governments under Grants under Article 275 (1) of the Constitution. By 2022, every block with more than 50% ST population and at least 20,000 tribal persons, will have an EMRS. It will be on par with Navodaya Vidyalaya and will have special facilities for preserving local art and culture besides providing training in sports and skill development.
135. Article 311
Context
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Recently, the suspended police officer Sachin Waze was dismissed from service by Mumbai Police Commissioner under Article 311 (2) (b) without a departmental enquiry.
Concept Article 311 provides two safeguards to civil servants against any arbitrary dismissal from their posts. A civil servant cannot be dismissed or removed by an authority subordinate to that by which he was appointed. A civil servant cannot be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. The above two safeguards are available only to the members of the civil services of the Centre, the all-India services, the civil services of a state or to persons holding civil posts under the Centre or a state. It is not available to the members of defence services or persons holding military posts. The second safeguard of holding inquiry is not available in the following three cases: Where a civil servant is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or Article 311 (2) (b) Where the authority empowered to dismiss or remove a civil servant or to reduce him in rank is satisfied that for some reason (to be recorded in writing), it is not reasonably practicable to hold such inquiry; or Where the president or the governor is satisfied that in the interest of the security of the state, it is not expedient to hold such inquiry.
What is the process of a departmental enquiry? In a departmental enquiry, after an enquiry officer is appointed, the civil servant is given a formal charge sheet of the charges. The civil servant can represent himself/herself or choose to have a lawyer. The witnesses can be called during the departmental enquiry following which the enquiry officer can prepare a report and submit it to the government for further action.
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The government employee dismissed under these provisions can approach either tribunals like the state administrative tribunal or Central Administrative Tribunal (CAT) or the courts.
136. Section 66A of IT Act
Context Three journalists get notices for reports on ‘diverting’ oxygen. Administration says news reports shared by them on social media false propaganda, in violation of IT Act.
Concept: Section 66A of Information Technology Act Section 66A dealt with information related crimes in which sending information, by means of a computer resource or a communication device, which is inter alia offensive, derogatory and menacing is made a punishable offence. In Shreya Singhal v. Union of India judgement, Justices Rohinton F. Nariman and J. Chelameswar had observed that the weakness of Section 66A lay in the fact that it had created an offence on the basis of undefined actions: such as causing “inconvenience, danger, obstruction and insult”, which do not fall among the exceptions granted under Article 19 of the Constitution, which guarantees the freedom of speech. The court also observed that the challenge was to identify where to draw the line. Traditionally, it has been drawn at incitement while terms like obstruction and insult remain subjective. In addition, the court had noted that Section 66A did not have procedural safeguards like other sections of the law with similar aims, such as : The need to obtain the concurrence of the Centre before action can be taken. Local authorities could proceed autonomously, literally on the whim of their political masters. The judgment had found that Section 66A was contrary to both Articles 19 (free speech) and 21 (right to life) of the Constitution. The entire provision was struck down by the court.
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After that government had appointed an expert committee (T.K. Viswanathan committee) which proposed a legislation to meet the challenge of hate speech online.
137. Identifying SEBC
Context: Only Central government can identify, include a community within Socially and Educationally Backward class list: Supreme Court
Concept: The Supreme Court ruled that after the insertion of Article 342A in the Constitution, it is the Central government alone which is empowered to identify Socially and Economically Backward Class (SEBC) and include them in a list to be published under Article 342A (1), specifying SEBCs in relation to each State and Union Territory. The States can, through their existing mechanisms, or even statutory commissions, only make suggestions to the President or the Commission under Article 338B, for inclusion, exclusion or modification of castes or communities, in the list to be published under Article 342A (1), the Court ruled.
Identifying SEBC The power to identify and specify SEBCs lies with Parliament only with reference to the Central List. The State governments may have separate State Lists of SEBCs for providing reservation for recruitment to State services or admissions in State government educational institutions. Under the newly-inserted Article 342A of the 102nd Amendment Act of 2018, the President notifies the SEBCs in a State after consultation with the Governor. The castes or communities included in such State Lists may differ from those included in the Central List.
138. Parliamentary Standing Committee
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Context Opposition dials VP Naidu, seeks virtual meetings of Parliamentary standing committees
Concept The Constitution of India makes a mention of these committees at different places, but without making any specific provisions regarding their composition, tenure, functions, etc. All these matters are dealtby the rules of two Houses.
Accordingly, a parliamentary committee means a committee that: Is appointed or elected by the House or nominated by the Speaker / Chairman Works under the direction of the Speaker / Chairman Presents its report to the House or to the Speaker / Chairman Has a secretariat provided by the Lok Sabha / Rajya Sabha The introduction of 17 department-related standing committees (DRSCs) on March31, 1993 was a significant innovation that increased parliamentary scrutiny and gave MPs a larger role in examining legislation and important decisions of the day. There are 24 DRSCs — 16 from Lok Sabha and 8 from Rajya Sabha. Each committee has 21 MPs from Lok Sabha and 10 from Rajya Sabha. The role: Given the volume of legislative business and the time constraints it is not possible for MPs to discuss and scrutinise all bills in the House. Parliamentary committees, either formed for a specific bill (select committee) or permanent (standing committees that are reconstituted annually) allow for a scrutiny with the possibility of tapping subject experts from outside and other stakeholders in an environment where MPs are not bound by party positions or whips.
139. FCRA Amendement
Context FCRA rules: Govt extends validity of registration certificates for NGOs till September 30.
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Concept The public notice issued by the Ministry of Home Affairs suggests that this validity extension is applicable to NGOs whose registration certificates have expired/expiring during the period between September 29, 2020 and September 30, 2021. The decision has been taken in the wake of petitions filed by NGOs in courts over the delay in implemented amended FCRA.
Foreign Contribution (Regulation) Amendment, 2020: It seeks to prohibit ‘public servants’ from receiving any foreign funding. It proposes to reduce the use of foreign funds to meet administrative costs by NGOs from the existing 50 per cent to 20 per cent. It seeks to “prohibit any transfer of foreign contribution to any association/person”. It proposes to make Aadhaar cards a mandatory identification document for all office bearers, directors and other key functionaries of NGOs or associations eligible to receive foreign donations. It seeks to allow for the central government to hold a summary inquiry to direct bodies with FCRA approval to “not utilise the unutilised foreign contribution or receive the remaining portion of foreign contribution”. And to limit the use of foreign funds for administrative purposes. This would impact research and advocacy organisations which use the funding to meet their administrative costs.
Foreign Contribution (Regulation) Act (FCRA), 2010: Under the Act, organisations require to register themselves every five years. As per the amended FCRA rules, all NGOs registered or granted prior permission under FCRA are now required to upload details of foreign contributions received and utilized by them every three months on their website or the FCRA website. NGOs now need to file their annual returns online, with the hard copy version dispensed with.
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140. Common Service Centre
Context Union Home Ministry said that people in the 18-44 age group living in semiurban and rural areas could make use of Common Service Centres (CSC) to register on the CoWin platform for their shot.
Concept Common Services Centers (CSCs) are a strategic cornerstone of the Digital India programme. They are the access points for delivery of various electronic services to villages in India, thereby contributing to a digitally and financially inclusive society. They are multiple-services-single-point model for providing facilities for multiple transactions at a single geographical location. They are the access points for delivery of essential public utility services, social welfare schemes, healthcare, financial, education and agriculture services, apart from host of B2C services to citizens in rural and remote areas of the country. CSCs enable the three vision areas of the Digital India programme: Digital infrastructure as a core utility to every citizen. Governance and services on demand. Digital empowerment of citizens.
Significance of CSCs: CSCs are more than service delivery points in rural India. They are positioned as change agents, promoting rural entrepreneurship and building rural capacities and livelihoods. They are enablers of community participation and collective action for engendering social change through a bottom-up approach with key focus on the rural citizen.
CSC 2.0 Scheme: Based on the assessment of CSC scheme, the Government launched the CSC 2.0scheme in 2015 to expand the outreach of CSCs to all Gram Panchayats across the country.
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Under CSC 2.0 scheme, at least one CSC will be set up in each of the 2.5 lakh GPs across the country by 2019. CSCs functioning under the existing scheme will also be strengthened and integrated with additional 1.5 lakh CSCs across the country.
141. Recall of Chief Secretary Unprecedented
Context West Bengal CM Mamata Banerjee on Saturday asked the Centre to withdraw its order recalling Chief Secretary Alapan Bandyopadhyay to Delhi.
Concept : The post of Chief Secretary is the senior-most position held in the civil services of the states and union territories of India. Chief Secretary (CS) is chosen by Chief Minister from among the senior most IAS officers (Appointed by Governor of the state ) and also CS doesn’t have fixed tenure. The chief secretary discharges vital functions which Include: Adviser to the CM: Chief- Secretary acts as an advisor to the CM. Being head of the permanent executive branch he strives for a sound administration. Secretary to the Cabinet: Chief-Secretary acts as a secretary to the state cabinet. Chief Secretary is the administrative head of the cabinet secretariat and attends the meeting of the cabinet and its sub-committees. Head of State Cabinet Secretariat: State Cabinet Secretariat whose functions include Secretarial assistance, implementation of decisions, policy coordination and providing information is headed by Chief-Secretary. Head of Civil Services: Chief- Secretary acts as the head of the state civil services. Important cases pertaining to appointments, transfers and promotion of senior state civil servants go to his/her desk. Coordinator of Civil Service Efforts: Chief Secretary ensures inter departmental coordination. Chief Secretary advises the secretaries on inter departmental difficulties.He is the chairman of coordination committees which are set up for resolving inter-departmental disputes.
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Residual Legatee: The chief secretary also acts as the residual legatee, that is, he looks after all those matters which do not fall within the purview of other secretaries.
142. How IAS Officers are put on Central Deputation
Context West Bengal Chief Secretary Bandyopadhyay, an IAS officer of the 1987 batch, was due to begin an extension of three months after retiring. Instead, the Centre has asked him to join the Government of India. Concept Rule 16(1) of DCRB (Death-cum-Retirement Benefit) Rules says that “a member of the Service dealing with budget work or working as a full-time member of a Committee may be given extension of service for three months, with the prior approval of the Central Government”. For an officer posted as Chief Secretary of a state, this extension can be for six months.
Central deputation In normal practice, the Centre asks every year for an “offer list” of officers of the All India Services (IAS, IPS and Indian Forest Service) willing to go on central deputation, after which it selects officers from that list. Rule 6(1) of the IAS Cadre Rules says an officer may, “with the concurrence of the State Governments concerned and the Central Government, be deputed for service under the Central Government or another State Government…” It says “in case of any disagreement, the matter shall be decided by the Central Government and the State Government or State Governments concerned shall give effect to the decision of the Central Government.”
143. Integerated Disease Survillence Programme
Context The Health Ministry guidelines also talk on focusing on contact tracing in rural pockets as per Integrated Disease Surveillance Programme’s (IDSP) guidelines.
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Concept The Integrated Disease Surveillance Project was launched by the Ministry of Health and Family Welfare, in assistance with the World Bank, in 2004. It continued as the Integrated Disease Surveillance Programme (IDSP) during 12thPlan (2012–17) under the National Health Mission with a domestic budget. Under it, a Central Surveillance Unit (CSU) at Delhi, State Surveillance Units (SSU)at all State/Union Territories (UTs) head quarters and District Surveillance Units(DSU) at all Districts have been established. Objectives: To strengthen/maintain decentralized laboratory based and IT enabled disease surveillance systems for epidemic prone diseases to monitor disease trends. To detect and respond to outbreaks in the early rising phase through trained Rapid Response Teams (RRTs).
Programme Components: Integration and decentralization of surveillance activities through establishment of surveillance units at Centre, State and District level. Human Resource Development – Training of State Surveillance Officers (SSOs),District Surveillance Officers (DSOs), RRT and other medical and paramedical staff on principles of disease surveillance. Use of Information Communication Technology for collection, collation, compilation, analysis and dissemination of data. Strengthening of public health laboratories. Inter sectoral Coordination for zoonotic diseases.
144. GoM to look into GST Relief on COVID Essentials
Context As per its terms of reference, the GoM would examine if a GST rate cut or exemption would be required for medical grade oxygen, pulse oximeters, hand sanitisers, oxygen therapy equipment like concentrators, ventilators, PPE kits, N- 95 and surgical masks and temperature checking equipment.
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Concept Group of Ministers Apart from the cabinet committees, several Group Of Ministers (GoM’s) have been constituted to look into different issues. These are ad hoc bodies that may have been empowered to take decisions on behalf of the cabinet or they are there just to make recommendations. They were set up to take decisions on various matters such as corruption, inter-state water disputes, administrative reforms, etc.
145. Tussle between Central vs Union Government
Context : Recently, a controversy erupted over the new DMK government referring to the government of Prime Minister Narendra Modi as the ‘union government’ instead of ‘central government’.
Concept :
Central v/s Union Government Justice (retd) K Chandru had pointed out that more than 70 years after Independence, there is no authorised Tamil translation of the Constitution of India. The question in the ‘union or centre’ debate is about the nature of the Indian state. In the Government of India Act, 1935, provinces had more power and the Viceroy had only the minimum but the Indian constitution changed this equation, and the federal government was made more powerful. The actual power is vested with the Union of India in all respects. The Tamil Nadu government stated that the Constitution describes India as a “Union of States” and therefore the ideal reference to the Centre would be the “Union Government”. Constitutional Provisions for Central or Union Government Article 1(1) of the Constitution of India says that India, that is Bharat, shall be a Union of States. The chairman of the drafting committee of the Indian Constitution had used the world ‘Union’ because:
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The Indian federation was not the result of an agreement by the units; and The component units had no freedom to secede from the federation. The Indian Constitution constantly uses the word “Union” to describe the entire country as well as the government that administers it. Article 53 reads that the executive power of the Union shall be vested in the President. The ‘Central government’ is a term not used in the original Constitution as passed by the Constituent Assembly. The Preamble clearly demonstrates the federal form, spirit and content of the Indian Constitution with an open acknowledgement of the centralizing tendencies and the quasi-federal characteristics in the actual working of the Constitution. The seventh schedule (Article-246) of the Constitution contains the Union List with 97 items, State List with 66 items and Concurrent List with 47 items. Reasons for use of Central or Union Government The British Parliament passed the Regulating Act, appointing a governor general to oversee all of British India. The administration that the governor general ran was often described as the “Central Government” in order to differentiate it from the “provincial governments”. The Government of India Act 1919 introduced a rudimentary form of self government and federalism in India and the powers were split between “central” and “provincial” subjects. The Government of India Act 1935 proposed a merger between British India and the princely states that the term “Federation of India” was first used. The modern term “Union” was first officially used in 1946 by the Cabinet Mission Plan.
146. Investment in neo-banking space plunges
Context: However players say it’s still early days with many more deals in the pipeline.
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Neo banks are virtual banks. They are the banks that are only operable online. The bank is not physical but is completely digital. Neo Banking is a technique to provide a complete banking experience but through digital platforms like a mobile application. Neo banking: Features These banks are cheaper and quicker. Neo banks have the ability to leverage a single network with the complete financial portfolio. In short, Neo bank is a kind of digital bank with no branches. Neobanks can be called fintech firms providing digital and mobile-first financial solutions payments along with money transfers, money lending, and more. Neo banks do not have a license of their own but they have banking partners to provide licensed services. Conventional banks are at the frontline of increasing rivalry from the digital world. With neo banks expanding so quickly, their state of art technologies are winning over customers who wish the financial services to be easier for them.
Situation in India: In India there are 10 neo banks at present. ICICI took lead and partnered with three of them namely- Free, Instant Pay and Yelo. Neo Banks have been divided into licensed and non licensed. Non licensed banks tie up with a traditional bank and provide their products while the licensed banks obtain their licenses and work on their own. Currently in India neo banks are not allowed to hold customer deposits and they are not even being granted virtual license by the RBI since it maintains the stand on the need of physical availability as per its 2014 guidelines.
147. Four years on delay derails Railways CCTV Project
Context: More than four years after a MoU was signed between the Indian Railways and RailTel for the installation of surveillance cameras at 983 stations
174 | P a g e OPTIMIZE IAS across the country, the project envisaged under the “Nirbhaya Fund” to enhance safety of women passengers has derailed.
Concept:
About Nirbhaya Fund Objective: For implementation of initiatives aimed at enhancing the safety and security for women in the country. Established by: Union Finance Ministry. It is a non-lapsable corpus fund. Schemes of Ministry of Women and Child Development under Nirbhaya Fund: One Stop Centre Scheme (Sakhi Centres): It is being implemented across the country since 1st April 2015. It aims at establishing Centres to facilitate women affected by violence. It provides First aid, Medical aid, Police assistance, Legal aid and counselling support. Women Helpline (181): The Department of Telecommunication has allocated the number 181 to all States/UTs for Women Helpline. This helpline number will link the One Stop Centres being established by the Ministry of Women & Child Development. Mahila Police Volunteers (MPVs): These will act as a link between police and community and help women in distress. Haryana launched the scheme in 2016, thereby becoming the first state to launch it. Schemes of other Ministries/Departments under Nirbhaya Fund: Integrated Emergency Response Management System: The project aims to provide round the clock security to women passengers in all Railway Stations by strengthening of Security Control Rooms of Railways with Security Helpline, Medical Facilities, RPF and police, installation of CCTV cameras, etc. Ministry in charge: Railways.
Central Victim Compensation Scheme (CVCF): It has been created with a corpus of Rs.200 crores under section 357A CrPC. It will support States/UTs in providing fund towards compensation to the victim or her dependents who have suffered loss or injury as a result of the crimes (including survivors of rape and acid attack). Ministry in charge: Home affairs.
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Emergency Response Support System (ERSS): ERSS envisages an integrated computer aided emergency response platform to respond to distress calls and ensure speedy assistance to the distressed persons. It aims to integrate all emergency numbers to 112 with state of art technology. Ministry in charge: Home affairs.
148. Clinical Trials Registry India (CTRI)
Context Recently, the Ministry of AYUSH has announced that the Ayurveda Dataset on Clinical Trials Registry India (CTRI) Portal will be launched.
Concept: The Ayurveda Dataset of CTRI has been jointly developed by ICMR and Central Council for Research in Ayurvedic Sciences (CCRAS), Ministry of Ayush. Its key feature is the provision of selection of the Ayurveda Health conditions from drop down of 3866 Ayurveda morbidity codes incorporated from the NAMASTE portal. It provides that the information, results etc. of Ayurveda Clinical Trials will be available in Ayurvedic vocabulary in the clinical trials registry of India. Clinical Trials Registry India (CTRI) It is a primary register of Clinical Trials under WHO’s International Clinical Trials Registry Platform (ICTRP). It hosted at the ICMR’s National Institute of Medical Statistics (NIMS). It is a free and online public record system for registration of clinical trials being conducted in India. It was initiated as a voluntary measure since 2009. The trial registration in the CTRI has been made mandatory by the Drugs Controller General (India) (DCGI). International Clinical Trials Registry Platform (ICTRP) It is a project of the World Health Organization, based within the Health Metrics and Measurement cluster. It was established in August 2005.
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It is based in WHO Headquarters in Geneva, Switzerland. Its aim is to facilitate the prospective registration of the WHO Trial Registration Data Set on all clinical trials, and the public accessibility of that information. Its purpose is to strengthen accountability and transparency in the conduct of clinical research and dissemination.
149. New CM took oath in Uttarakhand
Context: Pushkar Singh Dhami took oath as Chief Minister of Uttarakhand. He replaced Tirath Singh Rawat.
Concept: Tirath Singh Rawat’s term as Uttarakhand Chief Minister — that lasted just 114 days — was riddled with controversies over his remarks as well as reversal of decisions taken by his predecessor Trivendra Singh Rawat who had resigned in March after leading the state government for four years.
Key constitutional provisions for CMs: Article 163(1): There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion. Article 164(1): The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed on the advice of the Chief Minister. Article 164(2): The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
150. Section 43D (5) of the Unlawful Activities Prevention Act (UAPA)
Context: Just two days before his death, Stan Swamy had moved the Bombay High Court challenging Section 43D(5) of the Unlawful Atrocities Prevention Act (UAPA) — a provision Swamy termed “illusory”.
Concept: Section 43D (5) of UAPA
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The UAPA, enacted in 1967, was strengthened by the Congress-led UPA government in 2008 and 2012. The test for denying bail under the UAPA is that the court must be satisfied that a “prima facie” case exists against the accused. The Section 43D(5) reads that no person accused of an offence punishable under Chapters IV and VI of this Act shall, if in custody, be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity of being heard on the application for such release. It provided that such accused person shall not be released on bail or on his own bond if the Court, on a perusal of the case diary or the report made under section 173 of the Code is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true. Law of Bail under UAPA Both regular bail and bail by default like CrPC are available under UAPA with some alterations under section 43 D of UAPA. The Regular Bail in UAPA can be granted by a competent magistrate under section 437 CrPC and by the high court or district and sessions court under section 439 of CrPC. The provisions for default bail is also available under section 167(2) CrPC read with section 43D(2) of UAPA, after 30 days of police custody and 90 days of judicial custody, subjected to delay in filing of charge-sheet. UAPA does not provide any specific conditions to be satisfied to grant bail. Curious case of Section 43D(5) It is only applicable to offences punishable under chapter IV and VI of the act i.e. offences related to terrorist acts and terrorist organizations. It has a proviso which basically explains condition when bail shall be denied, i.e. if reasonable grounds exist for accusations to be prima-facie true and such decision shall be based on charge sheet or case diary. The second part of proviso explains the burden over prosecution and the prosecution had to prove that reasonable grounds exist for accusations believed to be prima facie true.
151. Amid Cabinet reshuffle buzz eight States get new Governors
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Context: The RashtrapatiBhavan announced a slew of gubernatorial appointments, including that of Union Minister for Social Justice and Empowerment Thawarchand Gehlot as the Governor of Karnataka, replacing VajubhaiVala.
Concept: Governor is the head of the executive of the state. He/she is appointed by President of India. Qualifications and conditions for appointment: Should be a citizen of India. Should have completed 35 years of age. Should not hold any office of profit under the union govt. or state govt. or any local Authority or any other public authority. Should not be a member of either house of parliament or a house of the state legislature. Tenure: Governor holds office for a term of 5 years from the date on which he assumes office. This term of 5 years is subject to the pleasure of president. He/she can resign anytime by addressing a resignation letter to the president. Oath: The oath of office to the governor is administered by the chief justice of concerned HC and in his absence by the senior-most judge of the HC available. By 7th Constitution Amendment Act of 1956, same person can be appointed as governor of 2 or more states.
152. Central govt creates New Ministry for Co-operatives
Context: In a historic move, a separate ‘Ministry of Co-operation’ has been created by the NDA Government for realizing the vision of ‘Sahkar se Samriddhi’.
Concept: This ministry will provide a separate administrative, legal and policy framework for strengthening the cooperative movement in the country. It will help deepen Co-operatives as a true people based movement reaching upto the grassroots.
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The Ministry will work to streamline processes for ‘Ease of doing business’ for cooperatives and enable development of Multi-State Co-operatives (MSCS). Creation of a separate Ministry for Co-operation also fulfils the budget announcement made by the Finance Minister.
153. Water disputes and irrigation projects in Krishna and Godavari
Context: Andhra Pradesh and Telangana had come to blows following a heated discussion between government officials over release of water from the Nagarjuna Sagar reservoir.
Concept: Andhra Pradesh and Telangana has been drawing Krishna water from four projects, Jurala, Srisailam, NagarjunaSagar, and Pulichintala for hydropower generation The usage has to be approved from the Krishna River Management Board (KRMB), an autonomous body that was set up after the bifurcation of the state, to manage and regulate the waters in the Krishna basin. The water that is used for power generation, farmers in the Krishna delta aya cut are yet to begin sowing of the kharif crop. The Andhra Pradesh government implements the Rayalaseema Lift Irrigation Project (RLIP) in Krishna river. After Telangana was carved out of Andhra Pradesh, the two states agreed to split the water share 66:34 on an ad hoc basis until the Krishna Water Disputes Tribunal-2 decided the final allocation.
Claims by Telangana, Telangana has called for a 50:50 allocation of water from the Krishna river. The Kaleshwaram lift irrigation project that was inaugurated in 2019 requires a huge amount of power to draw water from the Godavari river, the Telangana government needs the hydel energy to power its Nettempadu, Bheema, Koilsagar and Kalwakurthy lift irrigation projects. Telangana wants the Krishna Water Disputes Tribunal-2 to permanently settle the water dispute.
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Context: The biggest reshuffle in Prime Minister Narendra Modi’s two terms inducted 15 new Cabinet rank Ministers and 28 Ministers of State (MoS).
Appointment of minister Article 75 governs appointment of ministers The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister, the President can appoint only those persons as ministers The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha. This provision was added by the 91 Amendment Act of 2003. The ministers shall hold office during the pleasure of the President. The President shall administer the oaths of office and secrecy to a minister. A minister who is not a member of the Parliament (either house) for any period of six consecutive months shall cease to be a minister. The salaries and allowances of ministers shall be determined by the Parliament The members of Parliament, either Lok Sabha or Rajya Sabha, are appointed as ministers. A person who is not a member of either House of Parliament can also be appointed as a minister. But, within six months, he must become a member (either by election or by nomination) of either House of Parliament, otherwise, he ceases to be a minister.
Resignation The President removes a minister only on the advice of the Prime Minister. In case of a difference of opinion or dissatisfaction with the performance of a minister, the Prime Minister can ask him to resign or advice the President to dismiss him. By exercising this power, the Prime Minister can ensure the realisation of the rule of collective responsibility(Ar.75) If any minister disagrees with a cabinet decision and is not prepared to defend it, he must resign. Several ministers have resigned in the past owing to their differences with the cabinet. For example, Dr BR Ambedkar resigned because of his differences with his colleagues on the Hindu Code Bill in 1953. If any minister refuses to a decision can resign by a resignation letter to president
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A minister may also resign if asked by the prime minister as he has the power to reshuffle his cabinet and council minister. The Prime minister allocates and reshuffles portfolios amongst them. He can ask the minister to resign or tell the president to dismiss him. The Prime Minister supervises activities of all ministers. His resignation or death leads to dissolution of the council of ministers. Council of ministers is a team that sinks or swims together. So if the Lok Sabha passes a no confidence motion against the Council of ministers then all have to resign. Only the Lok Sabha can pass the motion of no confidence; it can’t be against a single minister but the entire Council of ministers only.
155. Department of Public Enterprises
Context: The government has merged the Department of Public Enterprises (DPE) with the finance ministry to give it a better control over state-owned firms and facilitate its ambitious privatization programme.
Concept: Finance ministry will now have six departments o Department of Economic Affairs o Department of Expenditure o Department of Revenue o Department of Financial Services o Department of Investment and Public Asset Management o Department of Public Enterprises (LokUdyamVibhag) (Earliar in Min of Heavy Industries) Functions performed by the DPE, coordination of matters of general policy affecting all Public Sector Enterprises (PSEs) evaluation and monitoring the performance of PSEs, memorandum of understanding mechanism, Review of capital projects and expenditure in CPSEs. improving performance of CPSEs and other capacity building initiatives of PSEs, rendering advice relating to revival,
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restructuring or closure of PSEs including the mechanisms, counselling, training and rehabilitation of employees in CPSEs under Voluntary Retirement Scheme and categorisation of CPSEs including conferring ‘Ratna’ status The shift of DPE to the finance ministry will help in efficient monitoring of the capital expenditure, asset monetisation and financial health of the Central Public Sector Enterprises (CPSEs). The heavy industries ministry will continue to be the administrative ministry related primarily to the capital goods sector like 44 CPSEs including MarutiUdyog Limited, BHEL, Cement Corporation, Scooters India, HMT and various other subsidiaries would be under the Ministry of Heavy Industries.
156. Cabinet extends Agri Infra Fund loans to APMCs
Context: The Centre has decided to allow state-run market yards to access financing facilities through its Agricultural Infrastructure Fund to calm the fears of protesting farmers that such market yards are being weakened.
Concept: It is a central sector scheme Aim: To provide medium – long term debt financing facility for investment in viable projects for post-harvest management Infrastructure and community farming assets. The funds will be provided for setting up of cold stores and chains, warehousing, grading and packaging units, e-marketing points linked to e- trading platforms, besides PPP projects for crop aggregation sponsored by central/state/local bodies. Duration: Financial Year 2020 to 2029. Eligible Beneficiaries: They are Farmers, FPOs, PACS, Marketing Cooperative Societies, SHGs, Joint Liability Groups (JLG), Multipurpose Cooperative Societies, Agri- entrepreneurs, Start-ups, and Central/State agency or Local Body sponsored Public-Private Partnership (PPP) Projects. Financial Support: 1 Lakh Crore will be provided by banks and financial institutions as loans to eligible beneficiaries.
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Moratorium for repayment may vary subject to minimum of 6 months and maximum of 2 years. Interest Subvention: Loans will have interest subvention of 3% per annum up to a limit of Rs. 2 crore. This subvention will be available for a maximum period of seven years. CGTMSE Scheme: A credit guarantee coverage will be available for eligible borrowers from the scheme under Credit Guarantee Fund Trust for Micro and Small Enterprises (CGTMSE) scheme for a loan up to Rs. 2 crore.
157. Appointment of Chief Minister
Context: Recently, Pushkar Singh Dhami has been appointed as Chief Minister of Uttarakhand.
Concept: Constitutional Provisions for Appointment of a Chief Minister The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister. Article 164 only says that the Chief Minister shall be appointed by the governor. It does not imply that the governor is free to appoint any one as the Chief Minister. The governor has to appoint the leader of the majority party in the state legislative assembly as the Chief Minister.
Conditions for Appointment of Chief Minister The Constitution does not require that a person must prove his majority in the legislative assembly before he is appointed as the Chief Minister. A person who is not a member of the state legislature can be appointed as Chief Minister for six months, within which time, he should be elected to the state legislature, failing which he ceases to be the Chief Minister. The Constitution provides that the Chief Minister may be a member of any of the two Houses of a state legislature.
Term of Chief Minister
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The term of the Chief Minister is not fixed and he holds office during the pleasure of the governor. The Chief Minister cannot be dismissed by the governor as long as he enjoys the majority support in the legislative assembly.
158. SPARSH (System for Pension Administration Raksha)
Context: Recently, the Ministry of Defence has implemented SPARSH (System for Pension Administration Raksha).
Concept:
SPARSH (System for Pension Administration Raksha) It is an integrated system for automation of sanction and disbursement of defence pension. It is a web-based system which processes pension claims and credits pension directly into the bank accounts of defence pensioners without relying on any external intermediary. It is an end to end Online System facilitating and easing every aspect of Defence Pensions from Initiation to Disbursement. It is being implemented for meeting the pension sanction and disbursement requirements for Armed Forces viz. Army, Navy, Air Force and Defence Civilians. It will be administered by the Defence Accounts Department through the Principal Controller of Defence Accounts (Pensions), Prayagraj.
Significance of SPARSH It is available for pensioners to view their pension related information, access services and register complaints for redressal of grievances, if any, relating to their pension matters. It envisages establishment of Service Centres to provide last mile connectivity to pensioners who may be unable to directly access the SPARSH portal for any reason. The two largest banks dealing with defence pensioners i.e. State Bank of India (SBI) and Punjab National Bank (PNB) have been co-opted as Service Centres.
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It will interface all the stakeholders and provide a single source of truth thereby ensuring transparency, accountability and ease of doing business through information dissemination.
159. Ministry of Cooperation
Context On Monday, the government announced the formation of a separate Union Ministry of Cooperation, a subject that till date was looked after by the Ministry of Agriculture.
Concept: A Co-operative based economic development model is very relevant where each member works with a spirit of responsibility. Cooperative institutions like village-level PACS or the urban cooperative housing societies, elect their leaders democratically, with members voting for a board of directors. Cooperative institutions get capital from the Centre, either as equity or as working capital, for which the state governments stand guarantee. The cooperative movement would get the required financial and legal power needed to penetrate into other states also. Cooperative sugar mills account for 35% of the sugar produced in the country. In banking and finance, cooperative institutions are spread across rural and urban areas.
Cooperative movement Cooperatives are organisations formed at the grassroots level by people to harness the power of collective bargaining towards a common goal. In agriculture, cooperative dairies, sugar mills, spinning mills etc are formed with the pooled resources of farmers who wish to process their produce. Village-level primary agricultural credit societies (PACSs) formed by farmer associations are the best example of grassroots-level credit flow. These societies anticipate the credit demand of a village and make the demand to the district central cooperative banks (DCCBs). State cooperative banks sit at the apex of the rural cooperative lending structure.
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Given that PACSs are a collective of farmers, they have much more bargaining powers than an individual farmer pleading his case at a commercial bank. There are also cooperative marketing societies in rural areas and cooperative housing societies in urban areas.
Need and Objective of new Ministry The Ministry of Cooperation will provide a separate administrative legal and policy framework for strengthening the cooperative movement in the country. It will help deepen Co-operatives as a true people based movement reaching upto the grassroots. The Ministry will work to streamline processes for ‘Ease of doing business’ for cooperatives and enable development of Multi-State Co-operatives .
Laws governing cooperative societies Subjects like agriculture, cooperation is in the concurrent list, A majority of the cooperative societies are governed by laws in their respective states, with a Cooperation Commissioner and the Registrar of Societies as their governing office. In 2002, the Centre passed a MultiState Cooperative Societies Act that allowed for registration of societies with operations in more than one state. These are mostly banks, dairies and sugar mills whose area of operation spreads across states. The Central Registrar of Societies is their controlling authority, but on the ground the State Registrar takes actions on his behalf.
160. Ending the shift the between Jammu & Kashmir
Context: The 149-year-old bi-annual tradition of shifting the capital of Jammu and Kashmir to Jammu during winters and Srinagar during summers is coming to an end.
Concept: Darbar Move is a century-old practice in which the government functions for six months each in the two capitals of the State, Srinagar and Jammu.
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The practice was reportedly started in the late 19th century by Ranbir Singh, the Maharaja of Jammu and Kashmir, who used to shift his capital between Srinagar in the summer and Jammu in the winter to escape extreme weather conditions in these places. The government will function in Srinagar, the summer capital of the State, till late October and then move to Jammu, the winter capital, in the first week of November. Hundreds of trucks are usually plied to carry furniture, office files, computers, and other records to the capital. Regional parties in Jammu and Kashmir advocated the continuation of the practice “to help in the emotional integration between two diverse linguistic and cultural regions of Jammu and Kashmir.”
161. Cabinet Committee
Context Further, as part of the reshuffle, Union ministers Smriti Irani, Bhupender Yadav and Sarbananda Sonowal have been included in the Cabinet Committee on Political Affairs headed by Prime Minister Narendra Modi.
Concept Cabinet Committees are extra-constitutional in emergence, which means, they are not mentioned in the Indian Constitution. Prime Minister is part of six panels except for the Committee on Accommodation and Committee on Parliamentary Affairs.
162. Constitution of an Expert Committee on Longevity Finance
Context Recently, the International Financial Services Centres Authority (IFSCA) has constituted an Expert Committee to develop a Longevity Finance Hub in GIFT IFSC.
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Concept The committee is tasked to recommend approach towards development of Longevity Finance Hub and provide road map for the same. It is being co-chaired by Ms. KakuNakhate, President and Country Head (India), Bank of America, and Mr. Gopalan Srinivasan, Ex-CMD, New India Assurance Company Limited. It comprise of leaders from the entire longevity finance ecosystem including from areas such as banking, insurance, wealth management, FinTech, legal, compliance and management consultancy.
International Financial Services Centres Authority (IFSCA) It has been established in 2020 under the International Financial Services Centres Authority Act, 2019. It is headquartered at GIFT City, Gandhinagar in Gujarat. It is a unified authority for the development and regulation of financial products, financial services and financial institutions. The GIFT IFSC is the maiden international financial services centre in India. Its objective is to develop a strong global connect and focus on the needs of the Indian economy as well as to serve as an international financial platform for the entire region and the global economy as a whole.
Longevity Derivatives They are a class of securities that provide a hedge for parties exposed to longevity risks through their businesses, such as pension plan managers and insurers. These derivatives are designed to deliver increasingly high payouts as a selected population group lives longer than originally expected or calculated. The derivatives are securities that derive their value from price fluctuations in an underlying asset or group of assets. They are designed to offer some protection against the risks by enabling investors to make money on the side from people living longer.
163. Simpler drone rules in the offing
Context
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Ministry of Civil Aviation (MoCA) has released the updated – The Drone Rules, 2021 for public consultation. The Drone Rules, 2021 will replace the UAS Rules 2021 (released on 12 March 2021).
Concept
Draft Drone Rules, 2021: The number of forms to be filled to seek authorisation before operating a drone has been reduced from 25 to six. Fee reduced to nominal levels. No linkage with the size of the drone. Safety features like ‘No permission – no take-off’ (NPNT), real-time tracking beacon, geo-fencing, etc. to be notified in future. A six-month lead time will be provided for compliance. Digital sky platform would be developed as a business-friendly single- window online system. No pilot licence required for micro drones (for non-commercial use), nano drones and for R&D organisations. No restriction on drone operations by foreign-owned companies registered in India. Import of drones and drone components to be regulated by the Directorate General of Foreign Trade. This is in order to encourage indigenous manufacturing. No security clearance required before any registration or licence issuance. Coverage of drones under Drone Rules, 2021 increased from 300 kg to 500 kg. This will cover drone taxis also. Directorate General of Civil Aviation shall prescribe training requirements, oversee drone schools and provide pilot licences online. Maximum penalty under Drone Rules, 2021 reduced to INR 1 lakh. Drone corridors will be developed for cargo deliveries. Drone promotion council to be set up to facilitate a business-friendly regulatory regime. The Union government may specify certain standards for obtaining a certificate of airworthiness for drones, which will promote the use of made- in-India technologies, designs, components and drones; and India’s regional
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navigation satellite system named Navigation with Indian Constellation [NavIC].
164. Godavari River Management Board and Krishna River Management Board
Context The Ministry of Jal Shakti through Gazette Notification dated15.07.2021 has notified the jurisdiction of Godavari River Management Board and Krishna River Management Board,
Concept The Andhra Pradesh Reorganization Act 2014 (APRA) contains provisions for the effective management of river waters in the states of Andhra Pradesh and Telangana, Constitution of the Godavari and Krishna River Management Boards and the constitution of an Apex Council for the supervision of the functioning of these Boards, is laid down in this Act. The Central Government in exercise of the powers of the APRA, the administration, regulation, maintenance and operation of such projects on Godavari and Krishna rivers, as may be notified by the Central Government.
Apex Council: It has been constituted by the Central Government under the provisions of Andhra Pradesh Reorganisation Act (APRA), 2014. It supervises the functioning of the Godavari River Management Board and Krishna River Management Board. KRMB & GRMB are autonomous bodies established as per APRA-2014 under the administrative control of MoJS to manage and regulate the Waters of Krishna and Godavari Basin respectively in the states of Andhra Pradesh and Telangana. It comprises the Union Jal Shakti Minister and the Chief Ministers of Telangana and Andhra Pradesh.
165. Reservation for Economically Weaker Sections (EWS)
Context Recently, the Andhra Pradesh government has issued orders for implementation of 10 per cent EWS reservation in all government recruitments henceforth. 191 | P a g e OPTIMIZE IAS
Concept The order is in accordance with The Constitution (103rd) Amendment Act 2019 that provides for the creation of the special EWS quota to be implemented by the state. The state government has simplified the norms stipulated by the Central Government for the implementation of 10 percent reservation to the EWS in employment and education, without any sub-categorisation. The people who are not covered under the existing reservations for BCs, SCs, STs and whose gross annual family income is below Rs 8 lakh per annum, are eligible for EWS reservation in both employment and educational opportunities.
Implementation of EWS Reservation The government has asked all tehsildars to issue OBC certificates to persons eligible under EWS. The persons recruited under EWS category will be adjusted against the roster points earmarked for them. The orders on the roster points earmarked for 10 per cent reservation to EWS category will be issued separately, along with other rules to be framed/amended and guidelines to be formulated. The persons whose family own or possess either five or more acres of agricultural land, or, residential flat of 1000 sq feet or above, or residential plot of 100 sq yards and above are excluded.
166. Draft Trafficking Rules 2021
Context The Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021, is likely to be tabled in the ongoing monsoon session of Parliament.
Concept
Highlights of the Bill: The bill proposes stringent punishments for offenders, including hefty fines and seizing of their properties.
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The Bill also extends beyond the protection of women and children as victims to now include transgenders as well as any person who may be a victim of trafficking. The draft also does away with the provision that a victim necessarily needs to be transported from one place to another to be defined as a victim. Exploitation has been defined to include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation including pornography, any act of physical exploitation, forced labour or services, slavery or practices similar to slavery, servitude or forced removal of organs etc.
Applicability: All citizens inside as well as outside India. Persons on any ship or aircraft registered in India wherever it may be or carrying Indian citizens wherever they may be. A foreign national or a stateless person who has his or her residence in India at the time of commission of offence under this Act. Every offence of trafficking in persons with cross-border implications. Defence personnel and government servants, doctors and paramedical staff or anyone in a position of authority. What are the constitutional & legislative provisions related to Trafficking in India? Trafficking in Human Beings or Persons is prohibited under the Constitution of India under Article 23 (1). The Immoral Traffic (Prevention) Act, 1956 (ITPA) is the premier legislation for prevention of trafficking for commercial sexual exploitation. Criminal Law (amendment) Act 2013 has come into force wherein Section 370 of the Indian Penal Code has been substituted with Section 370 and 370A IPC which provide for comprehensive measures to counter the menace of human trafficking.
Trafficking in Persons report 2021: According to the Trafficking in Persons report 2021, released by the US State Department, the Covid-19 pandemic has resulted in an increase in
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vulnerability to human trafficking and interrupted existing anti-traffic efforts. While India did not meet the minimum standards to eliminate trafficking, the government was making significant efforts, although these were inadequate, especially when it came to bonded labour.
167. 97th constitutional amendment
Context The Supreme Court, on Tuesday, struck down parts of a Constitutional Amendment which shrunk the exclusive authority of States over its co-operative societies, a sector that is considered a massive contributor to the national economy.
Issues and Judgment: Supreme Court upheld the validity of the 97th constitutional amendment, but struck down a part related to the setting up and functioning of cooperative societies working within a state. The Supreme Court judgement is based on the reasoning that the concerned subject matter of co-operative fell in the state list and hence it belongs wholly and exclusively to the State legislatures to legislate upon and any change would require the ratification by at least one-half of the state legislatures as per Article 368(2) of the Constitution. The judgement held that the 97th constitutional amendment had a significant and substantial impact on the State legislatures’ “exclusive legislative power” over its cooperative sector. The majority judgment declared that Part IXB of the Constitution of India is operative only in so far as it concerns multi-State co-operative societies both within the various States and in the Union Territories of India. The dissenting judge however held that the doctrine of severability would not operate to distinguish between single-State cooperatives and MSCS and had argued that the entire Part IXB should be struck down on the ground of absence of ratification. Disagreeing with the Central government’s argument that the amendment was aimed at bringing uniformity in the management of cooperative societies throughout the country, the Supreme Court suggested that if the
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Centre wanted to achieve uniformity then the only way available was to take the recourse under Article 252 of the Constitution which deals with the power of Parliament to legislate for two or more states by consent. Part IXB, introduced into the Constitution through the 97th amendment of 2012, dictated the terms for running co-operative societies. The provisions in the amendment, passed by the Parliament without getting them ratified by State legislatures as required by the Constitution. The amendment went to the extent of determining the number of directors a cooperative society should have or their length of tenure and even the necessary expertise required to become a member of the society Govt version The Centre justified they were injecting professionalism and autonomy into the functioning of co-operative societies. Lack of accountability by the members of these societies has led to poor services and low productivity. Even elections are not held on time. The court held that co-operative societies come under the exclusive legislative power of State legislatures. The judgment may be significant in the background of fears voiced by States whether the new Central Ministry of Cooperation would disempower them. Part IX B of the Constitution, which consists of Articles 243ZH to 243ZT, has “significantly and substantially impacted State legislatures’ exclusive legislative power over its co-operative sector under Entry 32 of the State List to over the cooperative sector. I The court pointed out how Article 243ZI makes it clear that a State may only make law on the incorporation, regulation and winding up of a co- operative society subject to the provisions of Part IXB of the 97th Constitutional Amendment Concept: The 97th constitutional amendment amended Article 19(I) c by inserting, after the words ‘or unions’ the words ‘or Co-operative Societies’. It also inserted Article 43B in Part IV of the Constitution as “The State Shall endeavor to promote Voluntary formation, autonomous functioning, democratic Control and professional management of the Co-operative societies” After Part IX-A of the Constitution, Part IX-B was inserted. Part IX-B extended from Article 243ZH to Article 243ZT.
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It amended Article 19(1)(c) to give protection to the cooperatives and inserted Article 43 B and Part IX B, relating to them
168. Aquaculture farmers to sell produce on e-Santa
Context Many aquaculture farmers in Andhra Pradesh are planning to update the details of their produce online and market their stocks through e-Santa.
Concept
E-Santa The term eSaNta depicts Electronic Solution for Augmenting NaCSA Farmers Trade in Aquaculture. National Centre for Sustainable Aquaculture (NaCSA) is an extension arm of the Marine Products Export Development Authority (MPEDA), Ministry of Commerce & Industry. The objectives of NaCSA are to encourage and uplift the small and marginal farmers through the organization of clusters and maintaining of best management practices. It basically functions as an electronic marketplace for marine products. It enables widely dispersed buyers and farmers to interact and execute purchase transactions digitally. This initiative by building a bridge between Aqua farmers and buyers to interact directly and buy the produce directly from farmers helps eliminate the middlemen completely.
169. Parliamentary Committees
Context Amid Opposition’s demand for a judicial probe into the reports of tapping of phones of top politicians, Army officers, judges and journalists using the Pegasus spyware, a Parliamentary Standing Committee, headed by Shashi Tharoor, has decided to examine the matter.
Concept Parliamentary Committee means a Committee which is appointed or elected by the House or nominated by the Speaker and which works under 196 | P a g e OPTIMIZE IAS
the direction of the Speaker and presents its report to the House or to the Speaker and the Secretariat for which is provided by the Lok Sabha Secretariat. Nature Parliamentary Committees are of two kinds:
Standing Committees It is permanent and regular committees which are constituted from time to time in pursuance of the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business in Lok Sabha. The work of these Committees is of continuous nature. The Financial Committees, DRSCs and some other Committees come under the category of Standing Committees.
Ad hoc Committees They are appointed for a specific purpose and they cease to exist when they finish the task assigned to them and submit a report. The principal Ad hoc Committees are the Select and Joint Committees on Bills. Railway Convention Committee, Joint Committee on Food Management in Parliament House Complex etc also come under the category of ad hoc Committees. The Constitution of India makes a mention of these committees at different places, but without making any specific provisions regarding their composition, tenure, functions, etc. All these matters are dealt by the rules of two Houses. Accordingly, a parliamentary committee means a committee that: Is appointed or elected by the House or nominated by the Speaker / Chairman Works under the direction of the Speaker / Chairman Presents its report to the House or to the Speaker / Chairman Has a secretariat provided by the Lok Sabha / Rajya Sabha The introduction of 17 department-related standing committees (DRSCs) on March 31, 1993 was a significant innovation that increased parliamentary scrutiny and gave MPs a larger role in examining legislation and important decisions of the day. There are 24 DRSCs — 16 from Lok Sabha and 8 from Rajya Sabha. Each committee has 21 MPs from Lok Sabha and 10 from Rajya Sabha.
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The role: Given the volume of legislative business and the time constraints it is not possible for MPs to discuss and scrutinise all bills in the House. Parliamentary committees, either formed for a specific bill (select committee) or permanent (standing committees that are reconstituted annually) allow for a scrutiny with the possibility of tapping subject experts from outside and other stakeholders in an environment where MPs are not bound by party positions or whips.
170. India signed 26 pacts to fight drug menace
Context Ministry of Home Affairs (MHA) reply in the Lok Sabha on the measures taken to combat drug trafficking in India.
Concept Efforts taken by India to curb drug menance
International level: India is a signatory to the UN Single Convention on Narcotics Drugs 1961, the Convention on Psychotropic Substances, 1971 and the Convention on Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 which prescribe various forms of control aimed to achieve the dual objective of limiting the use of narcotics drugs and psychotropic substances for medical and scientific purposes as well as preventing the abuse of the same. India has signed 26 bilateral pacts, 15 memoranda of understanding and two agreements on security cooperation with different countries for combating illicit trafficking of narcotics, drugs, psychotropic substances and even their chemical precursors. The Narcotics Control Bureau (NCB) has been coordinating with various international organisations for sharing information and intelligence on transnational drug trafficking.
Domestic level: The basic legislative instrument in this regard is the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985.
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For better coordination among various Central and State agencies, the Narco Coordination Centre (NCORD) mechanism was set up. The NCORD system has been further extended into a four-tier scheme up to the district level for better coordination. This has ensured more effective drug law enforcement. A Joint Coordination Committee was set up to monitor the investigation into cases involving large seizures. The MHA has launched an e-portal called ‘SIMS’ (Seizure Information Management System) for digitisation of pan-India drug seizure data.
171. Essential Defence Service Bill introduced in Lok Sabha
Context The Essential Defence Services Bill, 2021, introduced by Minister of State for Defence Ajay Bhatt amid din created by the Opposition over three new agri laws and the alleged Pegasus snooping controversy, seeks to replace an ordinance issued in June.
Concept Key features of the bill Prohibition on strikes, lock-outs, and lay-offs: Under the Ordinance, the central government may prohibit strikes, lock-outs, and lay-offs in units engaged in essential defence services. The government may issue such an order if necessary in the interest of: (i) sovereignty and integrity of India, (ii) security of any state, (iii) public order, (iv) public, (v) decency, or (vi) morality. The prohibition order will remain in force for six months, and may be extended by six months. Punishment for illegal lock-outs and lay-offs: Employers violating the prohibition order through illegal lock-outs or lay-offs will be punished with up to one year imprisonment or Rs 10,000 fine, or both. Punishment for illegal strikes: Persons commencing or participating in illegal strikes will be punished with up to one year imprisonment or Rs 10,000 fine, or both. All offences punishable under the Ordinance will be cognisable and non- bailable. 199 | P a g e OPTIMIZE IAS
Public utility service: The Ordinance amends the Industrial Disputes Act, 1947 to include essential defence services under public utility services. Under the Act, in case of public utility services, a six-week notice must be given before: (i) persons employed in such services go on strike in breach of contract or (ii) employers carrying on such services do lock-outs.
172. The Joint Parliamentary Committee
Context The Joint Parliamentary Committee (JPC) on Personal Data Protection Bill was given another extension on Friday, till the first week of the Winter Session of Parliament, 2021, to submit its final report.
Concept A Joint Parliamentary Committee (JPC) is set up to examine a particular bill presented before the Parliament, or for the purpose of investigating cases of financial irregularities in any government activity A Joint Parliamentary Committee (JPC) is an ad-hoc body. It is set up for a specific object and duration. Joint committees are set up by a motion passed in one house of Parliament and agreed to by the other. The details regarding membership and subjects are also decided by Parliament. The mandate of a JPC depends on the motion constituting it. This need not be limited to the scrutiny of government finances JPC recommendations have persuasive value but the committee cannot force the government to take any action on the basis of its report. The government may decide to launch fresh investigations on the basis of a JPC report. However, the discretion to do so rests entirely with the government. The government is required to report on the follow-up action taken on the basis of the recommendations of the JPC and other committees. The committees then submit ‘Action Taken Reports’ in Parliament on the basis of the government’s reply. These reports can be discussed in Parliament and the government can be questioned on the basis of the same.
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The government can disagree with the JPC’s findings and refuse to take such action.
Powers The government can take the decision to withhold a document if it is considered prejudicial to the safety or interest of the State. A JPC is authorised to collect evidence in oral or written form or demand documents in connection with the matter. The Speaker has the final word in case of a dispute over calling for evidence. The committee can invite interested parties for inquiry and summon people to appear before it The proceedings and findings of the committee are confidential, except in matters of public interest. The committee gets disbanded following the submission of its report to Parliament.
173. An emigration Bill that does not go far enough
Context The Emigration Bill 2021 is likely to be introduced in Parliament.
Concept The Emigration Bill 2021 seeks to consolidate and amend the existing Emigration act of 1983. The Emigration Bill 2021 marks some improvements over the 1983 Act. It launches a new emigration policy division in the Ministry of External Affairs, establishes help desks and welfare committees for migrant workers. It mandates manpower agencies to conduct pre-departure briefings for migrants. It increases accountability of brokers and other intermediaries who are involved in labour hiring.
Background: There has been growing number of reports of exploitative practices like large recruitment charges, contract substitution, deception, retention of 201 | P a g e OPTIMIZE IAS
passports, nonpayment or underpayment of wages, poor living conditions, discrimination and other forms of ill-treatment of the Indian migrant workers. Emigration act, 1983: Labour migration is governed by the Emigration Act, 1983. It prescribes a mechanism for hiring of Indians for work in foreign countries. The recruiting agents must be government-certified. It outlines certain obligations for recruiting agents like conducting due diligence of prospective employers. It also lays certain regulations of the recruiting agents like the setting of a cap on service fees.
174. Thane sanctuary proposed as MMR’s Ramsar site
Context A proposal has been submitted to declare Thane creek Flamingo Sanctuary as a Ramsar site.
Concept Maharashtra Mangrove Cell has submitted the proposal for approval to the State Wetland Authority. With this, the Mumbai Metropolitan Region is likely to get its first Ramsar site at the Thane Creek Flamingo Sanctuary and third in the Maharashtra to be designated as Wetlands of International Importance. Nandur Madhameshwar became the first site designated from Maharashtra. The Lonar lake in Buldhana district was declared as the 41st Ramsar site of India and second in the state.
Ramsar Convention on Wetlands: A Ramsar site is a wetland area designated to be of international importance under the Ramsar Convention. Ramsar Convention is an intergovernmental environmental treaty that provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources.
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United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention for the conservation of wetlands was called the ‘Convention on Wetlands of International Importance especially as Waterfowl Habitat’. The convention got its name of Ramsar Convention from the city of Ramsar in Iran where it was signed in 1971 and came into force in 1975. India joined the convention in 1982 and since then 42 sites have been designated as Wetlands of International Importance (Ramsar Sites).
175. Sexual Harassment at Workplace (Prevention-Prohibition and Redressal) Act (the SH Act) 2013
Context A total of 391 complaints have been filed by employees of Central government Ministries about sexual harassment at workplace, the government told in Parliament.
Concept The Vishaka guidelines were replaced by the Sexual Harassment of women at the workplace (prevention, prohibition and redressal) Act, 2013.The new act passed in 2013 broadens the definition of aggrieved women to involve women of all ages, in order to suit the modern-day conditions. It also broadens the scope of the term workplace which was earlier limited only to the traditional office set-up. The Government of India (GoI) has enacted the Protection of Women from Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act (the SH Act), 2013 with the objective to create a safe and secure workplace for women free from sexual harassment. This Act is unique in its broad coverage which includes all women irrespective of their work status, whether working in organised or unorganised, public or private sectors, regardless of hierarchy. The domestic workers are also included within its ambit. It defines “sexual harassment at the workplace” in a comprehensive manner, to cover circumstances of implied or explicit promise or threat to a woman’s employment prospects or creation of hostile work environment or humiliating treatment, which can affect her health or safety.
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Features The Act covers concepts of ‘quid pro quo harassment’ and ‘hostile work environment’ as forms of sexual harassment if it occurs in connection with any act or behaviour of sexual harassment. The definition of “aggrieved woman”, who will get protection under the Act is extremely wide to cover all women, irrespective of her age or employment status, whether in the organised or unorganised sectors, public or private and covers clients, customers and domestic workers as well. An employer has been defined as any person who is responsible for management, supervision, and control of the workplace and includes persons who formulate and administer policies of such an organisation under Section 2(g). Even non-traditional workplaces which involve telecommuting get covered under this law. Internal Complaints Committee: Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees.The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block level. The Complaints Committees have the powers of civil courts for gathering evidence. The Complaints Committees are required to provide for conciliation before initiating an inquiry if requested by the complainant. The Committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be, they are mandated to take action on the report within 60 days Penalties have been prescribed for employers. Non-compliance with the provisions of the Act shall be punishable with a fine of up to ₹ 50,000.Repeated violations may lead to higher penalties and cancellation of licence or deregistration to conduct business. The government can order an officer to inspect the workplace and records related to sexual harassment in any organisation. While the “workplace” in the Vishakha Guidelines is confined to the traditional office set-up where there is a clear employer-employee relationship, the Act goes much further to include: organisations,
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department, office, branch unit etc. in the public and private sector, organized and unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex and any place visited by the employee during the course of employment including transportation.
SHe-Box This Sexual Harassment electronic Box (SHe-Box) is an effort of GoI to provide a single window access to every woman, irrespective of her work status, whether working in organised or unorganised, private or public sector, to facilitate the registration of complaint related to sexual harassment. Any woman facing sexual harassment at workplace can register their complaint through this portal. Once a complaint is submitted to the ‘SHe-Box’, it will be directly sent to the concerned authority having jurisdiction to take action into the matter.
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Judiciary 176. Official Language of HC
Context: Recently Governor of Haryana sent his recommendation to the President of India for his consent to authorize use of Hindi language in proceedings before the Punjab &Haryana High Court.
Concept: The constitutional provisions dealing with the language of the courts are as follows: Until Parliament provides otherwise, the following are to be in the English language only in all proceedings in the Supreme Court and in every high court.(Article 348 (1)) However, the governor of a state, with the previous consent of the president, can authorise the use of Hindi or any other official language of the state, in the proceedings in the high court of the state, but not with respect to the judgements, decrees and orders passed by it. In other words, the judgements, decrees and orders of the high court must continue to be in English only (until Parliament otherwise provides). .( Article 348 (2))
177. Judicial appointment
Context: SC Collegium decided to make additional Judges of 3 High Courts permanent
Concept: The method of appointment of the Chief Justice of India, SC and HC judges was laid down in the Constitution. The Constitution stated that the President shall make these appointments after consulting with the Chief Justice of India and other SC and HC judges as he considers necessary. Between the years 1982-1999, the issue of method of appointment of judges was examined and reinterpreted by the Supreme Court. 208 | P a g e OPTIMIZE IAS
Since then, a collegium, consisting of the Chief Justice of India and 4other senior most SC judges, made recommendations for persons to beappointed as SC and HC judges, to the President.
178. Prevention to cruelty act
Context: Supreme Court is looking for validity of a Kerala law that prohibits animal sacrifice for appeasement of deity in temples.
Concept: The Prevention of Cruelty to Animals Act, 1960 prohibits any person from inflicting, causing, or if it is the owner, permitting, unnecessary pain or suffering to be inflicted on any animal. The Act makes it a crime to beat, kick, torture, mutilate, administer an injurious substance, or cruelly kill an animal. It is also illegal to over-ride, over-drive, over-load, or work an unfit animal. It is an offense to cruelly transport, confine, chain or tether an animal. It is a violation to engage in animal fighting or shooting competitions in which animals are released from captivity to be shot. An owner commits an offense if he or she fails to provide sufficient food, drink or shelter, unreasonably abandons any animal, or permits any diseased or disabled animal to roam or die in any street. According to Section 4 of this Act, an animal welfare board shall be established by the Central Government purporting to provide for animal welfare and extending protection against animals from unnecessary pain or suffering. According to Section 14 of this Act; nothing in this Act shall affect the experimentation (including operations) on animals for the purpose of: Advancement through the new discovery of physiological knowledge; or Knowledge which will be useful for decreasing the mortality rate; or Suffering alleviation; or for combating any disease. 179. Constitution bench
Context:
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Retired SC judge says Constitution Bench should hear contempt cases against advocate Prashant Bhushan
Concept: Article 145(3) says at least five judges need to hear cases that involve “a substantial question of law as to the interpretation” of the Constitution, or any reference under Article 143, which deals with the power of the President of India to consult the Supreme Court. Constitution benches of the Supreme Court have declared privacy a fundamental right, outlawed instant triple talaq, upheld the Aadhaar scheme and thrown open Kerala’s Sabarimala temple to women of alleges.
180. S Mulgaonkar v Unknown (1978) case
Context
Counsel has invoked the ‘Mulgaonkar principles’ in the criticism against the Supreme Court’s ruling that held advocate Prashant Bhushan guilty of contempt of court.
Concept
S Mulgaonkar v Unknown (1978) is a case that led to a landmark ruling on the subject of contempt.
By a 2:1 majority, the court held Mulgaonkar, then editor of The Indian Express, not guilty of contempt although the same Bench had initiated the proceedings.
Justices P Kailasam and Krishna Iyer formed the majority going against then Chief Justice of India M H Beg.
Justice Iyer’s counsel of caution in exercising the contempt jurisdiction came to be called the Mulgaonkar principles.
Mulgaonkar principles
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Justice Iyer said the first rule in the branch of power is a wise economy of use by the Court of this branch of its jurisdiction.
The Court will act with seriousness and severity where justice is jeopardized by a gross and/or unfounded attack on the judges, where the attack is calculated to obstruct or destroy the judicial process.
The court is willing to ignore, by a majestic liberalism, trifling and venial offenses-the dogs may bark, the caravan will pass. The court will not be prompted to act as a result of an easy irritability.
He argued in favour of harmonizing the constitutional values of free criticism, the fourth estate included, and the need for a fearless curial process and its presiding functionary
181. Independence of Judiciary
Context Andhra Pradesh Chief Minister letter to Chief Justice of India regarding the conduct of judges of Andhra Pradesh High court.
Concept Article 121: Restriction on discussion in Parliament No discussions shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties expect upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided. Article 211: Restriction on discussion in the Legislature No discussion shall take place in the Legislature of a State with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.
182. TELE Law
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Tele-Law has touched a new milestone on 30th October 2020 with 4 Lakh beneficiaries having received legal advice under this through CSCs (Common Service Centres).
Concept Tele-Law programme was launched by Department of Justice in 2017 to address cases at pre–litigation stage. Under this programme, smart technology of video conferencing, telephone /instant calling facilities available at the vast network of Common Service Centres at the Panchayat level are used to connect the indigent, downtrodden, vulnerable, unreached groups and communities with the Panel Lawyers for seeking timely and valuable legal advice. The Tele-Law service is proactively outreached to groups and communities through a cadre of frontline volunteers provided by NALSA and CSC- e Gov.
183. Contempt of Court
Context Kunal Kamra, a stand-up comedian, will face contempt of court charges for his tweets following the Supreme Court's decision to grant interim bail to television anchor Arnab Goswami.
Concept According to the Contempt of Courts Act, 1971, contempt of court can either be civil contempt or criminal contempt. Civil contempt means wilful disobedience of any judgment, decree, direction, order, writ or other process of a court, or wilful breach of an undertaking given to a court. Criminal contempt, on the other hand, is attracted by the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
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Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner. In 2006, the government brought in an amendment, which now provides “truth” as defence provided it is bona fide and in public interest. A-G’s consent to initiate contempt of court proceedings: In the case of a criminal contempt the court may take action on its own motion or on a motion made by (a) the Advocate-General, or (b) any other person, with the consent in writing of the Attorney-General of India.
184. The Supreme Court put a stay on the three farm laws as an Interim order
Context The Supreme Court has put a stay on the three farm laws while hearing petitions dealing with issues leading to farmers protest due to these laws.
Concept The Supreme Court under article 13, 31 and also art 136 and 143 gets implicit power for judicial review. Judicial Review is power of judiciary to review the lawfulness of a decision or action made by a public body. Under this power Supreme Court examines the constitutionality of any laws or executive action. Staying the laws: Stays on the laws are different from holding it unconstitutional. It just prevents it from implementation till the time matter is decided by the court. Traditionally the courts have taken approach not to pass interim order to stop implementation. For ex- Even in case of NJAC, Act it didn’t put stay, even though later on held it unconstitutional. However, Supreme Courts have pout stay on orders passed by the High courts time to time. Apart from that it has stayed away from putting a stay. Generally, approach is that the Parliament’s power to legislate, drawn from Article 254(1) of the Constitution, can only be restricted if the law violates the Constitution. Three grounds for halting implementation of laws:
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Legislative competence: if parliament has no power to legislate on the matter. Violation of fundamental rights Violations of any other Part of the Constitution What next? The Centre opposed stay on law, yet, the order passed means the Supreme Court taking position based on consideration of matter of “public interest”. Though, this is welcome it may bring back the question of judicial overreach. For now possibility is that the SC may propose a court-led committee to look into laws and associated problems.
185. Contempt Jurisdiction of the Supreme Court
Context Amidst controversies surrounding use of Contempt of court in recent times Mr Harish Salve spoke in 16th PD Desai Memorial Lecture on 'Criticism of Judiciary, Contempt Jurisdiction and its use in the Age of Social Media'.
Concept: Supreme Court enjoys two major power as a Court of Record: The judgements, proceedings and acts of court is kept for perpetual memory and testimony. These have evidentiary value and recognised as the legal precedents and can’t be questioned when brough in front of the court. Power to punish for contempt of court. It is both civil and criminal punishment i.e., jail term up to 6 months or Rs 2000 as fine or both. The SC has power to punish not only for itself, but HCs, subordinate courts and tribunals within country. Civil contempt: When there is wilful disobedience of to any of the judgement, order, writ or other processes of a court or breach of undertaking to the court. Criminal contempt: Publication of any matter or doing an act which: 1) scandalises or lowers court’s authority; 2) Prejudices or interferes with the due proceedings of the court; 3) Interferes or obstructs the administration of justice in any manner.
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Innocent publication and distribution of matter, fair and true reporting of judicial proceedings, fair and reasonable criticism of judicial acts and comment on the administrative side of judiciary does not warrant contempt of court. The power is given to ensure independence of judiciary in India.
186. National Commission for Minorities, Act 1992
Context The SC issued notice to the Centre for transfer of cases from several high courts to it against the Centre's notification to declare five communities Muslims, Christians, Sikhs, Buddhists and Parsee as minorities in states/UT even where they are in majority.
Concept In 2019 The Supreme Court has dismissed a plea seeking guidelines to “identify and define” religious minorities in every State to protect their culture and interests. This plea sought to declare Hindus as minority in states where they are low in population. Currently, linguistic minorities are determined by the state government, and the religious minorities are determined by the Centre. The term "minority" is not defined in the Indian Constitution. However, the Constitution recognizes religious and linguistic minorities.
Constitutional provisions for minorities: Art 15 and Art 16 talks of no discrimination on basis of religion and equality of opportunity. Art 25-28 talks of freedom of religion to all communities. Art 29 and Art 30 gives special educational and cultural rights to the linguistic and religious minorities. Art 350-B talks of Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution.
About National Commission for Minorities Act:
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It was passed in 1992 with the purpose of safeguarding and protecting the interests of minorities as provided in the Constitution of India and laws enacted by the Parliament and the State Legislatures. The Union Government set up the National Commission for Minorities (NCM) under the National Commission for Minorities Act, 1992. National Commission for Minorities consist of Chairperson, a Vice- Chairperson and five Members. The five Members including the Chairperson shall be from amongst the minority communities. The Act mentions an annual report, together with the memorandum of action taken on the recommendations contained therein, as well as the reasons for non-acceptance of the recommendations, if any, be tabled before Parliament annually. Initially five religious’ communities, viz., Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) were notified as minority communities by the Union Government. Further in 2014, Jains were also notified as another minority community. State Government constituted State Minorities Commissions in their respective State Capitals. Aggrieved persons belonging to the minority communities may approach the concerned State Minorities Commissions for redressal of their grievances. Moreover, they may also send their representations to the National Commission for Minorities, after exhausting all other official mechanism of remedies available to them.
187. Collegium
Context The current CJI is set to retire in a month with 14-month tenure coming to next month, yet, not a single judge to the SC has been appointed (around 6 vacancies).
Concept Collegium system was born through “three judges’ case” and it is in practice since 1998. It consists of the Chief Justice of India and four most senior judges of Supreme Court for appointment and transfer of judges and
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decides on the recommendations for persons to be appointed as SC and HC judges. The collegium recommends names to the Centre and the Centre also recommends name. The collegium after considering the names again sends the file to the government. If the Collegium resends the same name again then the government has to give its assent to the names. But time limit is not fixed to reply.
Evolution and working of the collegium system in India It is based on the interpretation of the term “Consultation” as mentioned in the Art 124 and Art 217 of the Constitution, and evolved through three judges cases In the First Judges case (1982), the Court held that consultation does not mean concurrence and it only implies exchange of views. In the Second Judges case (1993), the Court reversed its earlier ruling and changed the meaning of the word consultation to concurrence. In the Third Judges case (1998), the Court opined that the consultation process to be adopted by the Chief Justice of India requires ‘consultation of plurality judges. o The sole opinion of the CJI does not constitute the consultation process. He should consult a collegium of four senior most judges of the Supreme Court and even if two judges give an adverse opinion, he should not send the recommendation to the government. o The court held that the recommendation made by the chief justice of India without complying with the norms and requirements of the consultation process are not binding on the government.
188. AMICUS CURIAE
Context Solicitor General Tushar Mehta made a strong appeal to the Supreme Court to frame guidelines to rein in lawyers appointed as the court’s amici curiae in various cases, especially sensitive ones.
Concept An amicus curiae (literally, "friend of the court"; plural: amici curiae) is someone who is not a party to a case who assists a court by offering
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information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an amicus brief lies within the discretion of the court. The amicus curiae figure originates in Roman law. Starting in the 9th century, it was incorporated into English law, and it was later extended to most common law systems.
189. SUPACE
Context Recently, the Chief Justice of India has launched the Supreme Court Portal for Assistance in Court’s Efficiency (SUPACE).
Concept About Supreme Court Portal for Assistance in Court’s Efficiency (SUPACE) It is a tool that collects relevant facts and laws and makes them available to a judge. It is an Artificial Intelligence (AI) portal which is designed to make research easier for judges, thereby easing their workload. It is not designed to take decisions, but only to process facts and to make them available to judges looking for an input for a decision. It is a perfect blend of human intelligence and machine learning and 'a hybrid system', which works better with human intelligence.
190. Ad-Hoc Judges in Supreme Court
Context Ad hoc judges should not be appointed in lieu of regular recommendations, says Supreme Court.
Concept
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Ad hoc judges can be appointed in the Supreme Court by “Chief Justice of India” , if there is no quorum of judges available to hold and continue the session of the court. He can do so only after consultation with the Chief Justice of the High Court concerned and with the previous consent of the president. Only the persons who are qualified as to be appointed as Judge of the Supreme Court can be appointed as ad hoc judge of the Supreme Court. (Article 127). Further, as per provisions of the Article 128, Chief Justice of India, with the previous consent of the President, request a retired Judge of the Supreme Court or High Court, who is duly qualified for appointment as a Judge of the Supreme Court, to sit and act as a Judge of the Supreme Court. The salary & allowance of such judge are decided by the president. The retired Judge who sits in such a session of the Supreme Court has all the jurisdiction, powers and privileges of the Judges BUT are NOT deemed to be a Judge.
191. Lokadalats
Context For Lok Adalats, speed overrides quality .The system must look beyond swift disposal of cases and focus on just and fair outcomes.
Concept Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably. The Lok Adalats are formed to fulfil the promise given by the preamble of the Indian Constitution– securing Justice – social, economic and political of every citizen of India.
Constitutional basis: Article 39A of the Constitution provides for free legal aid to the deprived and weaker sections of the society and to promote justice on the base of equal opportunity.
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Articles 14 of the Constitution also make it compulsory for the State to guarantee equality before the law.
Statutory provisions Under the Legal Services Authorities Act, 1987 Lok Adalats have been given statutory status. The decision made by the Lok Adalats is considered to be a verdict of a civil court and is ultimate and binding on all parties.
No appeal There is no provision for an appeal against the verdict made by Lok Adalat. But, they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate.
Court fee There is no court fee payable when a matter is filed in a Lok Adalat. Note: If a matter pending in the court of law is referred to the Lok Adalat and is settled subsequently, the court fee originally paid in the court on the complaints/petition is also refunded back to the parties. Nature of Cases to be Referred to Lok Adalat Any case pending before any court. Any dispute which has not been brought before any court and is likely to be filed before the court. Provided that any matter relating to an offence not compoundable under the law shall not be settled in Lok Adalat.
192. Official Language in Courts
Context Ambedkar had proposed Sanskrit as official language: CJI Bobde
Concept Article 348 (1) of the Constitution of India provides that all proceedings in the Supreme Court and in every High court shall be in English Language until Parliament by law otherwise provides.
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Under Article 348 (2), the Governor of the State may, with the previous consent of the President, authorize the use of the Hindi language or any other language used for any official purpose of the State, in the proceedings of the High Court having its principal seat in that State provided that decrees, judgments or orders passed by such High Courts shall be in English. Section 7 of the Official Languages Act, 1963, provides that the use of Hindi or official language of a State in addition to the English language may be authorized, with the consent of the President of India, by the Governor of the State for purpose of judgments etc. made by the High Court for that State.
193. CJ High Court
Context Recently, the President of India appointed Shri Justice Sanjay Yadav as the Chief Justice of the Allahabad High Court.
Concept Every high court (whether exclusive or common) consists of a chief justice and such other judges as the president may from time to time deem necessary to appoint. The Constitution does not specify the strength of a high court and leaves it to the discretion of the president. The President determines the strength of a high court from time to time depending upon its workload.
Provisions for appointing Chief Justice of High Court The chief justice is appointed by the President after consultation with the chief justice of India and the governor of the state concerned. The judges of a high court are appointed by the President. The President, in exercise of the power conferred by clause (1) of Article 217 of the Constitution of India, can appoint the Chief Justice of a High Court. The Chief Justice of High Court is appointed as per the policy of having Chief Justices from outside the respective States.
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The Collegium takes the call on the elevation. High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
194. Election Petition filed by West Bengal CM
Context Recently, the West Bengal Chief Minister Mamata Banerjee has filed an election petition in the Calcutta High Court challenging the Assembly election result of Nandigram constituency.
Concept Election Petition The Election Commission’s role ends with the declaration of results i.e. once the Returning Officer has signed the final result sheet. An election petition is the only legal remedy available to a voter or a candidate who believes there has been malpractice in an election. The voter or the candidate can challenge the result through an election petition submitted to the High Court of the state in which the constituency is located. The election petition has to be filed within 45 days from the date of the poll results and nothing is entertained by courts after that. The Representative of the People Act of 1951 suggests that the High Court should try to conclude the trial within six months but it usually drags on for much longer. The acts of the candidate along with his election agent or by any other person with the consent of the candidate or his election agent are covered for filing an Election Petition. Grounds on which election petition can be filed Under Section 100 of the RP Act, an election petition can be filed on the grounds that: On the day of the election, the winning candidate was not qualified to contest. The winning candidate, his poll agent or any other person with the consent of the winning candidate has indulged in a corrupt practice.
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Section 123 of the RP Act has a detailed list of what amounts to corrupt practice, including bribery, use of force or coercion, appeal to vote or refrain from voting on grounds of religion, race, community, and language. Improper acceptance of the nomination of the winning candidate or improper rejection of a nomination. Malpractice in the counting process, which includes improper reception, refusal or rejection of any vote, or the reception of any vote which is void. Non-compliance with the provisions of the Constitution or the RP Act or any rules or orders made under the RP Act.
195. Special Leave Petition
Context The Supreme Court on Friday highlighted the “extremely urgent” concern raised by two Delhi residents over the ferrying of labourers to and fro the Central Vista redevelopment site amid a devastating public health crisis, and permitted them to approach the Delhi High Court Chief Justice.
Concept
Special leave to appeal by the Supreme Court: Article 136 Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. (2) Nothing in clause ( 1 ) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces. In the case of any SLP , the SC has first to decide in its discretion whether it should grant or deny the requested Special Leave. When discussing the SLP, it is important to understand its position with respect to the judgements of Inter-State Water Dispute (ISWD) Tribunal as well. The Inter-State Water Disputes Act of 1956, coupled with Article 262 (2) of the Constitution, excludes the SC from hearing or deciding any appeals against the Inter-State Water Dispute (ISWD) Tribunal's decision.
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However, the reference to "any Court or tribunal in the territory of India," in Article136 seems to bring the ISWD Tribunals within the purview of the Article. The SC had also argued that the remedy under Article 136 (Special Leave Petition) is a constitutional right. Thus, the bar can be overcome through the possible routes under Articles 32, 131, and 136 of the Constitution. Article 32 provides for constitutional remedies to get the rights protected through writs namely Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto. Article 131 ( Original jurisdiction of the Supreme Court ) is about Centre- State or inter-State disputes in general.
196. Indicative Notes
Context Chief Justice of India N.V. Ramana launched a new feature in the Supreme Court’s official website called ‘Indicative Notes’.
Concept This feature is aimed at providing concise summaries of landmark judgments in an easy-to-understand format. This will serve as a useful resource for media persons and the general public who wish to be better informed about the rulings of the court. SC was also actively considering the proposal to live telecast proceedings of the Supreme Court, but there would have to be a consensus among the judges before concrete steps were initiated in this regard.
197. Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary
Concept The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved continuation of the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary for further five years from 01.04.2021 to 31.03.2026 at a total cost of Rs.9000 crore,
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Concept The Gram Nyayalayas Act, 2008 that came into force from 2 October 2009 was enacted for establishment of Gram Nyayalayas for speedy and easy access to justice system in the rural areas of India. The Cabinet also approved the decision to support the Gram Nyayalayas by proving recurring and non-recurring grants for a period of 5 years with a total outlay of Rs 50 crores. Funds will be released to the states only after the notified Gram Nyayalayas are operationalized and Nyayadhikar is have been appointed and reported on the Gram Nyayalaya portal of Department of Justice.
The major activities of the Scheme: Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary has been in operation since 1993-94. the primary responsibility of infrastructure development for the subordinate judiciary rests with the State Governments, however, the Central Government through this CSS augments the resources of the State Governments for construction of court buildings and residential quarters for Judicial Officers (JO) in all the States / UTs
Monitoring of the Scheme Department of Justice has developed an online monitoring system with technical assistance from ISRO. The upgraded “Nyaya Vikas-2.0” web portal and mobile application is used for monitoring physical and financial progress of CSS judicial infrastructure projects by geo-tagging completed and ongoing projects. Quarterly review meetings are held with the representatives of all States/UTs and High Courts. Regular State level meetings of the Monitoring Committee are held by various High Courts, States with State Chief Secretaries and PWD officials to enable speedy and good construction. The Gram Nyayalaya Portal helps online monitoring of working of the Gram Nyayalayas by the implementing states.
198. Bail orders will be sent instantly to jail authorities: SC
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Context The Chief Justice of India has announced FASTER scheme to cut delays in release from jail.
Concept In the backdrop of the COVID-19 pandemic, the Supreme Court has made concerted moves to de-congest prisons. The court turned a humanitarian eye to the over four lakh prison population trapped inside overcrowded jails as a surging second wave led to huge loss of lives. Earlier, a Bench led by Chief Justice Ramana had ordered the police to limit arrests during the pandemic to prevent over-crowding in jails. The bench also urged courts to not order detention in a mechanical manner in cases involving the punishment of less or up to seven years’ imprisonment. It had ordered High-Powered Committees constituted in most States and Union Territories to screen prisoners and release them on interim bail.
FASTER Scheme: The new scheme is called ‘FASTER’ or ‘Fast and Secure Transmission of Electronic Records’. Through this, by which the Supreme Court would instantly, directly, securely and electronically transmit bail and other orders to jail authorities, district courts and High Courts.
199. Supreme Court’s remarks on sedition cases bode well for its inevitable invalidation
Context Recently, the Supreme Court has expressed concern over the “misuse” of the sedition law and no accountability of executive agencies and it sought to know that if this “colonial law” is still needed 75 years after Independence.
Concept
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The law was originally drafted in 1837 by Thomas Macaulay, the British historian politician, but was inexplicably omitted when the IPC was enacted in 1860. Section 124A was inserted in 1870 by an amendment introduced by Sir James Stephen when it felt the need for a specific section to deal with the offence. It was one of the many draconian laws enacted to stifle any voices of dissent at that time. The term ‘sedition’ has been defined under Section 124A of the Indian Penal Code. It is defined as an offence committed when “any person by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India”. Disaffection includes disloyalty and all feelings of enmity. The comments without exciting or attempting to excite hatred, contempt or disaffection, will not constitute an offence under this section.
Sedition Law against Freedom Fighters The first known instance of the application of the law was the trial of newspaper editor Jogendra Chandra Bose in 1891. Bal Gangadhar Tilak was charged with sedition in 1897 for writing an article in his weekly publication called Kesari and was sentenced to 12 months imprisonment. He was tried again in 1908 and was represented by MA Jinnah but his application for bail was rejected and he was sentenced to six years. In 1922, Mahatma Gandhi was arrested on charges of sedition in Bombay for taking part in protests against the colonial government.
200. Live-streaming court proceedings crucial for dissemination of information: CJI
Context Formalising live-streaming of court proceedings is crucial for dissemination of information. The spread of information is sacrosanct to free speech, Chief Justice of India N.V. Ramana said.
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Concept
Background Recently, the Supreme Court has released the Draft Model Rules for Live- Streaming and Recording of Court Proceedings. The Rules are part of the National Policy and Action Plan for implementation of Information and Communication Technology (ICT) in the judiciary. The Supreme Court inSwapnilTripathi v Supreme Court of India (2018) had ruled in favour of opening up the apex court through live-streaming. It held that the live streaming proceedings are part of the right to access justice under Article 21
Key features of the Draft Rules All proceedings in high courts can be telecast except for cases relating to matrimonial disputes, gender-based violence, those involving minors. The final decision to allow the Live-streaming of the Proceedings or any portion thereof will be of the Bench. Court proceedings can be archived for six months. The rules also prohibit recording or sharing the telecast on media platforms, including social media and messaging platforms, unless authorised by the court.
Benefits Justice delivery system will become affordable, transparent, speedy and accountable by limiting the paper filings. It can be time saving
Concerns: Lack of technical manpower in courts and awareness Cyber security threat. Issues of privacy may arise. Infrastructure, especially the internet connectivity is also a big challenge
201. HC stays Arunachal’s entry permit notification
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Arunachal Pradesh had recently issued a notification allowing temporary entry permits for “developmental works in public and private sectors” only to those vaccinated against COVID-19.
Concept The Itanagar Bench of the Gauhati High Court has stayed the Arunachal Pradesh government’s notification mandating vaccination for temporary entry permits. The bench held that the notification classifying people into vaccinated and unvaccinated for the purpose of issuance of temporary permits violates Articles 14, 19 (1) (d) and 21 of the Constitution of India. Article 14 deals with equality before law. As per the article, the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. It prohibits discrimination on grounds of religion, race, caste, sex or place of birth. Article 19(1)(d) notes that all citizens shall have the right to move freely throughout the territory of India. Article 21 of the Constitution of India states that no person shall be deprived of his life or personal liberty except according to procedures established by law. The bench noted that there is no evidence available in the public domain that COVID-19 vaccinated persons cannot be infected with the COVID-19 virus, or he/she cannot be a carrier of COVID-19 virus and consequently a spreader of the COVID-19 virus.
Inner Line Permit: Inner Line Permit (ILP) is an official travel document issued by the concerned state government to allow the inward travel of an Indian citizen into a protected area for a limited period. It is obligatory for Indian citizens from outside those states to obtain a permit for entering into the protected state. Arunachal Pradesh, Nagaland and Mizoram are protected by the Inner Line, and lately, Manipur was added. The concept originates from the Bengal Eastern Frontier Regulation Act (BEFR), 1873. The document is an effort by the government to regulate movement to certain areas located near the international border of India.
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202. ‘HC appointments an ongoing process’
Context Information provided by the Law Ministry to the Rajya Sabha on the process of appointments to the High Courts.
Concept: The Chief Justice and Judges of the High Courts are to be appointed by the President under clause (1) of Article 217 of the Constitution.
Appointment process to High Courts: High Court judges are appointed by the President under Article 217 of the Constitution read with Supreme Court’s decision in the Second and Third Judges’ case. The Memorandum of Procedure (MoP) indicates the process of appointment to be followed. The high court collegium, which comprises the chief justice of the high court and two senior-most judges, recommends a name for a high court judgeship to the Supreme Court collegium. The Supreme Court Collegium, which comprises the CJI and two senior-most judges, takes a final call on the high court collegium’s recommendations. The Supreme Court Collegium can either approve the recommendation and then transmit the same to the Government of India for giving effect to it, or it can disagree with the high court collegium or defer the proposal. The Chief Justice of a High Court is appointed by the President with the consultation of the Chief Justice of the Supreme Court and the Governor of the State. The other judges are appointed by the will of the President, Governor and the Chief Justice of the High Court. Eligibility for appointment to High Courts: There are two requirements for being eligible for a high court judgeship: the person concerned must be a citizen of India and have, for at least ten years, been an advocate of a high court or two or more such courts in succession. If the person concerned is from the subordinate judiciary, he must have held a judicial office in the territory of India for at least ten years.
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Besides, jurists whom the President of India may consider as eminent are also eligible for appointment as High Court judges. Concerns over high vacancies: The total sanctioned strength of judges across the 25 High Courts is 1,098 but the working strength was only 645, a shortfall of 453 judges. This would adversely impact the functioning of the High Courts.
203. District judge
Context The bench comprising Justices DY Chandrachud and Hrishikesh Roy noted that the Trial judges work amidst appalling conditions, The colonial mindset which pervades the treatment meted out to the district judiciary must change, the Supreme Court observed in a judgment .
Concept The courts comprised in the district judiciary are the first point of interface with citizens.
Qualification He should have been an advocate or pleader for 7 years. He should be recommended by high court. He shouldn’t already be in service of center or state Appointment The appointment, posting, promotion is made by Governor after consultation with High court. Other appointments of judicial service are made by Governor after consulting high court and state public service commission. Appointments of judicial service below district judge are made by high court. District judge (Civil cases) / Sessions judge (Criminal cases) has highest judicial position in district. He has original and appellate jurisdiction over civil and criminal cases.
Civil Courts The Court of the District Judge is the highest Civil Court in a district to deal with Civil Cases is called the Court of District and Sessions Judge when it deals with both Civil and Criminal Cases at the district level.
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The judge of this Court is appointed by the governor of the State. Below the Court of District Judge, there may be one or more Courts of Sub Judge, have been established in districts to exclusively hear Cases Family disputes, like divorce, Custody of Children, etc. Below them there and Courts of Munsiffs and Small Causes Courts which decide cases involving petty amounts No appeal can be made against the decisions of the Small Causes Courts. All these Courts hear and Settle Civil disputes.
Functions and powers The Court of the District Judge (Called the District Courts) hears not only appeals against the decisions of the Courts of Sub Judges, but also some of the Cases begin directly in the Court of District Judge itself, Appealing against the decisions of this Court may be heard by the High Court of the State. Civil Courts deal with Cases pertaining to disputes between two or more persons regarding property, divorce, Contract and Contract and breach of agreement or landlord-tenant disputes.
Criminal Courts The Court of the Sessions Judge (Known as Sessions Courts) is the highest Court for Criminal Cases in a district. Below this Court, there are Courts of magistrates of First, Second and Third class. In metropolitan cities like Delhi, Calcutta, Mumbai and Chennai, First Class Magistrates are Called Metropolitan Magistrates.
Functions and powers All these criminal courts are competent to try the accused and to award punishment, as sanctioned by law, to those who are found guilty of Violation of law. Criminal courts hear criminal Cases which are related to violation of laws. These Cases involve theft, dacoity, rape, arson, pick-pocketing, physical assault, murder etc. It may be fine, imprisonment or even death sentence. Normally every accused is presented by the police before a magistrate. The magistrate Can family dispose off Cases of minor Crime.
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Thus, Sessions Courts try the accused but the capital punishment can be implemented only after his Sentence is confirmed by the High Court.
204. No immunity for acts of vandalism: SC
Context The Supreme Court held that lawmakers cannot indulge in criminal acts on the Parliament or Assembly floors and then take cover behind the right to free speech.
Concept The SC dismissed the Kerala government’s plea seeking the court’s nod to withdraw cases against CPI(M) leaders for vandalism in the State Assembly in 2015. It made it clear that destruction of public property in the House cannot be equated with freedom of expression and immunity to legislators can’t be extended as immunity against criminal law. The bench asserted that the privileges and immunity accorded to MLAs and MPs do not mean they will enjoy immunity from criminal acts within the House and the trial court was correct in rejecting the application for withdrawal of FIR. These privileges bear a functional relationship to the discharge of the functions of a legislator. It added that privileges are not a mark of status, which allow legislators to stand on a different pedestal, and privileges are also not a gateway to claim exemption from the law. It said that the boundaries of lawful behaviour apply to all, including MLAs who hold responsible elected office in the Legislative Assembly. Adding that no member of an elected legislature can claim either a privilege or an immunity to stand above the sanctions of the criminal law, which applies equally to all citizens. The court explained that the purpose of bestowing privileges and immunities to elected members of the legislature was to enable them to perform their “essential functions” without hindrance, fear or favour.
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Parliamentary privilege refers to rights and immunities enjoyed by Parliament as an institution and MPs in their individual capacity, without which they cannot discharge their functions as entrusted upon them by the Constitution. According to the Constitution, the powers, privileges and immunities of Parliament and MP’s are to be defined by Parliament (Art 105) & Art 194 – State legislature. No law has so far been enacted in this respect. In the absence of any such law, it continues to be governed by British Parliamentary conventions. A breach of privilege is a violation of any of the privileges of MPs/Parliament. Among other things, any action ‘casting reflections’ on MPs, parliament or its committees; could be considered breach of privilege. A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege The Speaker/Chairperson can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament. If the Speaker/Chair gives consent under Rule 222, the member concerned is given an opportunity to make a short statement.
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Constitutional and Statutory Bodies 205. Solicitor General
Context: Appearing on behalf of the central government, the Solicitor General claimed that the government had shifted 10 million migrant workers to their home states and that some migrants were still walking “because of anxiety or local level instigation
Concept: Solicitor General is the second highest law officer in the country. He is subordinate to the Attorney General of India, the highest law officer and works under him. He also advises the government in legal matters. Solicitor general is appointed for period of three years by Appointment Committee of Cabinet chaired by Prime Minister. It should be noted here that only the office of the AG is created by the Constitution. In other words, Article 76 does not mention about the solicitor general and additional solicitor general. Solicitor General and Additional Solicitor Generals’ office and duties are governed by Law Officers (Conditions of Service) Rules, 1987.
206. Tribal Council
Context Gorkhal and Janmukthi Morcha(GJM) delegation to union minister meeting demands separate state.
Concept Gorkhaland consists of Nepali-speaking people of Darjeeling, Kalimpong, Kurseong and other hilly districts of West-Bengal. The people belonging to these areas have ethical, cultural and language differences with the Bengali community of West-Bengal.It is scheduled area under fifth schedule of Indian constitution. Schedule & Tribal Areas – Fifth Schedule and Sixth Schedule of the Constitution
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The two schedules entail the details about the control and management of the Scheduled and Tribal Areas:itu Fifth Schedule of Indian Constitution Sixth Schedule of Indian Constitution The provisions regarding the This schedule deals with the administration and control of administration and control of the Scheduled and Tribal Areas of any scheduled and tribal areas of the state except the four states are four states of the northeast, that are mentioned under this schedule: excluded in the fifth schedule: Assam Assam Meghalaya Meghalaya Tripura Tripura Mizoram Mizoram
The Scheduled and Tribal Areas are dealt with two articles: Article-244 Article-244A This article deals with the This article deals with the formation of administration of the Scheduled and an autonomous state that comprises Tribal Areas certain tribal areas of Assam and having a council of ministers therefore
Note: Article 339 of the Indian Constitution mentions the Union government’s control over the Scheduled Areas administration and welfare of the Scheduled Tribes
Definition of Scheduled and Tribal Areas The areas inhabited by the socially and educationally backward ‘Aboriginals’ are called Scheduled Areas. Quick Facts about Scheduled Areas Part 10 of the Indian Constitution entails the provisions related to Scheduled and Tribal Areas with Articles 244 – 244 A. President is empowered to declare an area as Scheduled Area With the consultation of the governor of the state, the President can alter, add, diminish the boundary of a Scheduled Area Both the Centre and the State have their roles to play in the administration of the Scheduled areas. While the governor of the state has to report
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annually to the President over the management of such area, the Centre gives directions to the state regarding the administration of such areas. A tribal advisory council is a must for the states having scheduled areas It has 20 members (Three-Fourth of which are Scheduled Tribes’ representatives in that state legislative assembly.) The power to decide whether any central or state legislation implies over the state having scheduled areas, lies in the hands of the Governor. Governor can also repeal or amend any regulations w.r.t to the state having scheduled areas but only with the assent of the President of India The first commission to report on the administration and welfare of the Scheduled Areas was established in 1960 and was headed by UN Dhebar There are 10 states having scheduled areas: Andhra Pradesh Chhattisgarh Gujarat Himachal Pradesh Jharkhand Madhya Pradesh Maharashtra Odisha Rajasthan and Telangana Criteria for the declaration of the Scheduled Area: Prominent numbers of tribal population, i.e. when tribal people are in majority in an area Compactness and reasonable size of the area A viable administrative entity such as a district, block or taluk, and Economic backwardness of the area as compared to the neighbouring areas. Quick Facts about Tribal Areas Sixth Schedule mentions the provisions related to the tribal areas of the four states – Assam, Meghalaya, Tripura and Mizoram Sizeable amount of autonomy has been given to the people belonging to the tribal areas of these four states to govern themselves The tribal areas in these four states come under the name of ‘Autonomous Districts,’ but the state still has its executive authority over them
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The power to organise and reorganise the tribal areas as autonomous districts lie with the governor of the state. He can also alter the name, boundary of such tribal areas. One autonomous district can have different tribes, which for better administration is divided into autonomous regions by the governor There is a district council for each autonomous district: It has 30 members Four are nominated by the governor – They perform their duties during the pleasure of the governor 26 are elected using the adult franchise – Their term of office is five years. There is a separate regional council for each autonomous district The laws related to the following can be made by the regional and autonomous councils with the assent of the governor: Land Forests Canal water Shifting cultivation Village administration Inheritance of property Marriage and divorce Social customs The territorial jurisdictions of autonomous and regional councils may or may not have village councils and courts of trials of suits to mend issues rising between tribes. Such cases can also be taken over by the High Court but only after being specified by the governor. The central and state acts do not apply to these autonomous and regional councils (unless modified and accepted.) The tribal areas in the four states are given below: Assam North Cachar Hills District The KarbiAnglong District The Bodoland Territorial Areas District
Meghalaya Khasi Hills District Jaintia Hills District The Garo Hills District
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Tripura Tripura Tribal Areas District Mizoram The Chakma District The Mara District The Lai District 207. Role of CAG
Concept The latest India-specific data on COVID-19 infections is alarming. With the nation spending substantial resources to manage the pandemic, the role of CAG as a supreme audit institution has gained greater importance.
Context CAG is an independent authority under the Constitution of India. He is the head of the Indian audit & account department and chief Guardian of Public purse. It is the institution through which the accountability of the government and other public authorities (all those who spend public funds) to Parliament and State Legislatures and through them to the people is ensured.
Comparison with Britain CAG CAG of India only performed the role of an Auditor General and not of a Comptroller but in Britain it has the power of both Comptroller as well as Auditor General. In India the CAG audits the accounts after the expenditure is committed i.e. ex post facto. In UK no money can be drawn from the public exchequer without the approval of the CAG. In India, CAG is not a member of the parliament while in Britain; CAG is a member of house of the Commons.
Constitutional Provisions Article 148 broadly deals with the CAG appointment, oath and conditions of service. Article 149 deals with Duties and Powers of the Comptroller and Auditor- General of India.
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Article 150 says that the accounts of the Union and of the States shall be kept in such form as the President may, on the advice of the CAG, prescribe. Article 151 says that the reports of the Comptroller and Auditor-General of India relating to the accounts of the Union shall be submitted to the president, who shall cause them to be laid before each House of Parliament. Article 279 – Calculation of "net proceeds" is ascertained and certified by the Comptroller and Auditor-General of India, whose certificate is final. Third Schedule – Section IV of the Third Schedule of the Constitution of India prescribes the form of oath or affirmation to be made by the Judges of the Supreme Court and the Comptroller and Auditor-General of India at the time of assumption of office. According to Sixth Schedule the accounts of the District Council or Regional Council should be kept in such form as CAG, with the approval of the President, prescribe. In addition these bodies account are audited in such manner as CAG may think fit, and the reports relating to such accounts shall be submitted to the Governor who shall cause them to be laid before the Council.
Independence of CAG CAG is appointed by the President by warrant under his hand and seal and provided with tenure of 6 years or 65 years of age, whichever is earlier. CAG can be removed by the President only in accordance with the procedure mentioned in the Constitution that is the manner same as removal of a Supreme Court Judge. He is ineligible to hold any office, either under the Government of India or of any state, once he retires/ resigns as a CAG. His salary and other service conditions cannot be varied to his disadvantage after appointment. His administrative powers and the conditions of service of persons serving in the Indian Audit and Accounts Department are prescribed by the President only after consulting him. The administrative expenses of the office of CAG, including all salaries, allowances and pensions are charged upon the Consolidated Fund of India that is not subject to vote
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Functions and Power of CAG CAG derives its audit mandate from different sources like– Constitution (Articles 148 to 151) The Comptroller and Auditor General’s (Duties, Powers and Conditions of Service) Act, 1971
Important Judgments Instructions of Government of India Regulations on Audit & Accounts-2007 CAG audits the accounts related to all expenditure from the Consolidated Fund of India, Consolidated Fund of each state and UT’s having a legislative assembly. He audits all expenditure from the Contingency Fund of India and the Public Account of India as well as the Contingency Fund and Public Account of each state. He audits all trading, manufacturing, profit and loss accounts, balance sheets and other subsidiary accounts kept by any department of the Central Government and the state governments. He audits the receipts and expenditure of all bodies and authorities substantially financed from the Central or State revenues; government companies; other corporations and bodies, when so required by related laws. He audits the accounts of any other authority when requested by the President or Governor e.g. Local bodies. He advises the President with regard to prescription of the form in which the accounts of the Centre and States shall be kept. He submits his audit reports relating to the accounts of the Centre to the President, who shall, in turn, place them before both the houses of Parliament. He submits his audit reports relating to the accounts of a State to the Governor, who shall, in turn, place them before the state legislature. CAG also acts as a guide, friend and philosopher of the Public Accounts Committee of the Parliament. CAG and Public Accounts Committee (PAC) PAC is a Parliamentary Standing Committee created under GOI Act, 1919.
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CAG audit reports are handed over to the PACs at the centre and at the state. Three CAG reports i.e. audit report on appropriation accounts, audit report on finance accounts and audit report on public sector undertakings are examined by PAC. At the central level, these reports are submitted by CAG to president, who makes them to be laid in parliament. CAG also assists the committee in its deliberations by preparing a list of the most urgent matters which deserve the attention of the PAC. He also helps in making the actions of the committee clear to the witnesses and in making the action of the government clear to the committee. CAG position is sometimes one of interpreter and translator, explaining the officials’ views to the politicians and vice-versa. The responsibility of the CAG does not end here. He has to watch whether the corrective action suggested by him has been taken or not. In cases whether it has not been taken, he reports the matter to the PAC which will take up the matter.
208. Finance Commission Context Finance Commission chief says that GST cess will continue.
Concept Finance Commission is a constitutional body under Article 280 created every five years to recommend the transfer of financial resources from the Centre to the States. The Commission also decides the principles on which grants-in-aid will be given to the States. The 15th FC headed by Mr. N.K. Singh and its recommendations, to be observed for a period of five years, will kick in from April 1, 2020.
State Finance Commissions (SFCs) The State Finance Commission (SFC) is an institution created by the 73rd and 74th Constitutional Amendments (CAs) to rationalize and systematize State/sub-State-level fiscal relations in India.
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Article 243I of the Constitution mandated the State Governor to constitute a Finance Commission every five years. Article 243Y of the Constitution states that the Finance Commission constituted under article 243 I shall also review the financial position of the Municipalities and make recommendations to the Governor.
209. A-WEB
Context India’s experience shows elections can be held as per schedule, CEC says to Association of World Election Bodies. Concept
Association of World Election Bodies (A-WEB): The Association of World Election Bodies(A-WEB) is the largest association of Election Management Bodies (EMBs) worldwide. It was established on October 14, 2013 in South Korea. The permanent secretariat of A-WEB is located in Seoul, South Korea. It was founded with the shared vision among its members of achieving sustainable democracy around the world A-WEB also undertakes Election Visitor and Observation Programmes in various countries to study various election management practices and share knowledge with other Member of EMBs. India is currently the chair of the A-WEB.ya
210. 15th FC Report Submitted
Context The Fifteenth Finance Commission (XVFC) led by Chairman N K Singh, submitted its Report for the period 2021-22 to 2025-26 to the President of India.
Concept As per the terms of reference (ToR), the Commission was mandated to give its recommendations for five years from 2021-22 to 2025-26 by 30 October, 2020.
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Last year, the Commission had submitted its report containing recommendations for the year 2020-21 which was accepted by the Union Government and tabled in the Parliament on 30 January 2020. The Report will be available in the public domain once it is tabled in the Parliament by the Union Government.
Terms of reference (ToR): The Commission was asked to give its recommendations on many unique and wide-ranging issues in its terms of reference. Apart from the vertical and horizontal tax devolution, local government grants, disaster management grant, the Commission was also asked to examine and recommend performance incentives for States in many areas like power sector, adoption of DBT, solid waste management etc. The Commission was also asked to examine whether a separate mechanism for funding of defence and internal security ought to be set up and if so how such a mechanism could be operationalised.
211. Electoral Bonds
Context The government on Tuesday approved the 15th tranche of electoral bonds which will be open for sales between January 1 and January 10.
Concept The State Bank of India (SBI), in the XV Phase of sale, has been authorised to issue and encash Electoral Bonds through its 29 Authorised Branches (as per list enclosed) w.e.f. 01.01.2021 to 10.01.2021. Electoral Bonds An electoral bond is like a promissory note that can be bought by any Indian citizen or company incorporated in India from select branches of State Bank of India. The bonds are similar to bank notes that are payable to the bearer on demand and are free of interest. An individual or party will be allowed to purchase these bonds digitally or through cheque.
Conditions for the Purchase
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The bonds will be issued in multiples of Rs 1,000, Rs 10,000, Rs 100,000 and Rs 1 crore (the range of a bond is between Rs 1,000 to Rs 1 crore). These will be available at some branches of SBI. A donor with a KYC- compliant account can purchase the bonds and can then donate them to the party or individual of their choice. Now, the receiver can encash the bonds through the party's verified account. The electoral bond will be valid only for fifteen days. The 29 specified SBI branches are in cities such as New Delhi, Gandhinagar, Chandigarh, Bengaluru, Bhopal, Mumbai, Jaipur, Lucknow, Chennai, Kolkata and Guwahati. The electoral bonds are available for purchase for 10 days in the beginning of every quarter. The first 10 days of January, April, July and October has been specified by the government for purchase of electoral bonds. An additional period of 30 days shall be specified by the government in the year of Lok Sabha elections. In February 2017, the then finance minister said that the donations would be tax deductible. Hence, a donor will get a deduction and the recipient, or the political party, will get tax exemption, provided returns are filed by the political party. Eligibility for Political Party Any party that is registered under section 29A of the Representation of the Peoples Act, 1951 (43 of 1951) and has secured at least one per cent of the votes polled in the most recent General elections or Assembly elections is eligible to receive electoral bonds. The party will be allotted a verified account by the Election Commission of India (ECI) and the electoral bond transactions can be made only through this account. The electoral bonds will not bear the name of the donor. Thus, the political party might not be aware of the donor's identity.ram
212. D Voters
Context A group of 100 volunteers from various fields have teamed up with lawyers to arm economically and educationally weak people with knowledge about their
245 | P a g e OPTIMIZE IAS rights against victimization in Assam as many have been categorised as “D Voters” or default voters.
Concept: D Voters is a category of voters in Assam whose citizenship has been doubtful (due to lack of citizenship credentials in form of supporting documents) or is under dispute. Foreigner Tribunal set up under Foreigner Tribunals order 1964 determines once status as D voters and such persons can’t hold voter I-card. Category was introduced in 1997 when the Election Commission of India (ECI) was revising the state’s voter list in the wake of huge immigration from Bangladesh. While ‘D’ voters continue to remain on Assam’s electoral roll, they cannot vote in an election unless their case is decided by a Foreigners’ Tribunal.
213. State Election Commission
Context Puducherry state election commission gears up to hold local body polls.
Concept
State Election Commission: The Constitution of India vests in the State Election Commission, consisting of a State Election Commissioner. Articles 243K, 243ZA gives the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Panchayats and the Municipalities to SEC. It states that the tenure and appointment will be directed as per the law made by the state legislature. However, State Election Commissioner shall not be removed from his/her office except in like manner and on the like grounds as a Judge of a High Court. The State Election Commissioner is appointed by the Governor. As per article 243(C3) the Governor, when so requested by the State Election Commission, make available to the State Election Commission such
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staff as may be necessary for the discharge of the functions conferred on the SEC. The provisions of Article 243K of the Constitution, which provides for setting up of SECs, are almost identical to those of Article 324 related to the EC. In other words, the SECs enjoy the same status as the EC.
214. NCBC
Context The National Commission for Backward Classes (NCBC) has sought an inquiry into a complaint against a government-appointed committee that recently recommended that IITs be exempt from reserving faculty positions.
Concept National Commission for Backward Classes (NCBC) 102nd Constitution Amendment Act, 2018 provides constitutional status to the National Commission for Backward Classes (NCBC). Previously NCBC was a statutory body under the Ministry of Social Justice and Empowerment.
Composition The Commission consists of five members including a Chairperson, Vice- Chairperson and three other Members appointed by the President by warrant under his hand and seal. The conditions of service and tenure of office of the Chairperson, Vice- Chairperson and other Members is determined by President.
Powers and functions of NCBC Under the Constitution Amendment Bill, the duties of the NCBC will include: Investigating and monitoring how safeguards provided to the backward classes under the Constitution and other laws are being implemented, Inquiring into specific complaints regarding violation of rights, and Advising and making recommendations on socio-economic development of such classes.
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The central and state governments will be required to consult with the NCBC on all major policy matters affecting the socially and educationally backward classes. It presents to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards. The President laid such reports before each House of Parliament. Where any such report or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the State Government. NCBC has to discharge such other functions in relation to the protection, welfare and development and advancement of the socially and educationally backward classes as the President may, subject to the provisions of any law made by Parliament, by rule specify.
Quasi Judicial Body Under the Constitution Amendment Act, the NCBC will have the powers of a civil court while investigating or inquiring into any complaints. These powers include: Summoning people and examining them on oath, Requiring production of any document or public record, and Receiving evidence.
Relevant Constitutional Provisions Article 340 deals with the need to identify those "socially and educationally backward classes", understand the conditions of their backwardness, and make recommendations to remove the difficulties they face. 102nd Constitution Amendment Act inserted new Articles 338 B and 342 A. The amendment also brings about changes in Article 366. Article 338B provides authority to NCBC to examine complaints and welfare measures regarding socially and educationally backward classes. Backward classes: The Constitution Amendment Bill states that the President may specify the socially and educationally backward classes in the various states and union territories. He may do this in consultation with the Governor of the concerned state. However, a law of Parliament will be required if the list of backward classes is to be amended. (Article 342 A).
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215. G Rohini Commission
Context On January 21, the Centre has extended the tenure of The Commission to Examine Sub categorization of Other Backward Classes (OBCs) headed by Justice G Rohini, former Chief Justice of Delhi High Court. The commission now has until July 31 to submit its report.
Concept Headed by Justice (Retd.) G Rohini, the commission was constituted under Article 340 of the Constitution with the approval of the President . Article 340 deals with the appointment of a commission to investigate the conditions of backward classes. It had been constituted to complete the task of sub-categorising 5000-odd castes in the central OBC list so as to ensure more equitable distribution of opportunitiesin central government jobs and educational institutions. In 2015, the National Commission for Backward Classes (NCBC) had recommended that OBCs should be categorised into extremely backward classes, more backward classes and backward classes. The benefits of the reservation in OBCs are being cornered mostly by the dominant OBC groups over the years so there is a need to recognise sub- quotas for the extremely backward classes within the OBCs. NCBC has the authority to examine complaints and welfare measures regarding socially and educationally backward classes.
Mandate Examine the uneven distribution of reservation benefits among different castes in the central OBC list. For example, certain castes were left out of the ambit because of a difference in spelling in a State. Work out mechanism and parameters for sub-categorisation of OBCs, to identify castes, sub castes and communities and classify them into sub- categories. Submit a comprehensive report after consultation with various stakeholders so that Census 2021 can include comprehensive data on OBCs.
216. Delimitation Commission
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Context Three out of Five associate members skipped the meeting of delimitation panel being held for delimitation of Jammu and Kashmir post it becoming UT in 2019.
Concept: The current panel will delimit the constituencies of Jammu and Kashmir in accordance with the provisions of the Jammu and Kashmir Reorganisation Act, and those of Assam, Arunachal Pradesh, Manipur and Nagaland in accordance with the provisions of the Delimitation Act, 2002
About delimitation and delimitation commission Delimitation means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body. Under Article 82 of the Constitution, the Parliament by law enacts a Delimitation Act after every census. The Delimitation Commission is appointed by the President of India and works in collaboration with the Election Commission of India Composition: Retired Supreme Court judge Chief Election Commissioner Respective State Election Commissioners It is a high-power body whose orders have the force of law and cannot be called in question before any court. It has been set up four times so far — 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002. The present delimitation of constituencies has been done on the basis of 2001 census figures under the provisions of Delimitation Act, 2002. Amendment in 2002 provided for not to have delimitation of constituencies till the first census.
217. Role of Attorney General in Contempt Proceedings
Context
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Attorney General has refused consent for contemot proceedings against former CJI Gogoi. Concept Section 15 of Contempt of Courts Act 1971, describes the procedure for contempt proceedings against an individual. In the case of the Supreme Court, the Attorney General or the Solicitor General, and in the case of High Courts, the Advocate General, may bring in a motion for initiating a case of criminal contempt. However, if the motion is brought by any other person, the consent of the Attorney General or the Advocate General in writing is required. It has to specify the contempt for which the person charged is alleged to be guilty.
Is AG’s consent mandatory for all contempt of court cases? It is mandatory when a private citizen wants to initiate a case of contempt of court against a person. The objective behind AG’s consent is to save the judicial time of the court as it will be wasted if a frivolous petition occurs. AG’s consent is not required when the court itself initiates a contempt of court case (suo motu) as it did in the case of Prashant Bhushan case. Article 129 of the Constitution gives the Supreme Court the power to initiate contempt cases on its own, independent of the motion brought before it by the AG or with the consent of the AG.
What happens if AG denies consent? If AG denies consent, petition ends there itself. Earlier AG denied consent to initiate criminal contempt proceedings against actor Swara Bhasker & against author Shefali Vaidya. However, complainant can urge the court to take suo motu cognizance.
What happens after the AG has granted consent? After the consent, notice is served personally to the person against whom the proceedings are sought to be initiated by the court. If the court decides not to serve the notice personally, the court has to record the reasons for it.
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If the court is satisfied that the alleged contemnor is likely to abscond or evade judicial proceedings, it can order attachment of property of a value that it deems reasonable. Once the notice is served, the alleged contemnor may file an affidavit in support of his defence, explaining the nature and circumstances of her remarks. Then the case has to be heard by at least two judge bench which will take into account any evidence available to check the affidavit and pass appropriate orders.
218. Chief Electoral Officer
Context BJP seeks removal of Chief Electoral Officer Sushil Lohani over conflict of interest.
Concept A Chief Electoral Officer (CEO) functions under the supervision, control and overall guidance of the Election Commission of India. According to the Representation of the People’s Act 1950 and 1951, each state of India must be assisted with a Chief Electoral Officer during the State Assembly elections as well as the general elections. According to provisions of the above-mentioned acts, the CEO has a significant role to play during the elections to the office of the President and the Vice-President of India. The CEO supervises the preparation, revision and maintenance of the electoral rolls in the state. It is the duty of the Chief Electoral Officer to ensure free and fair elections in the state, such that more percentage of votes are cast. It is the responsibility of the CEO to enhance communication between the voters of a state and the different departments of elections within the state. Most importantly, it is the task of the CEO to ensure that no political party has any control with the elections in the state.
219. Chief Election Commissioner
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Context Recently, the President has appointed Shri Sushil Chandra, the senior-most Election Commissioner, as the Chief Election Commissioner in the Election Commission of India.
Concept Chief Election Commissioner (CEC) The Election Commission shall consist of the chief election commissioner and such number of other election commissioners, if any, as the president may from time to time fix. The appointment of the chief election commissioner and other election commissioners shall be made by the president. The president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission.
Conditions of service and Tenure of Chief Election Commissioner (CEC) The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be determined by the president. The CEC and the two other election commissioners have equal powers and receive equal salary, allowances and other perquisites, which are similar to those of a judge of the Supreme Court. They hold office for a term of six years or until they attain the age of 65 years, whichever is earlier. They can resign at any time or can also be removed before the expiry of their term.
Independence of Chief Election Commissioner (CEC) The chief election commissioner is provided with the security of tenure. He cannot be removed from his office except in same manner and on the same grounds as a judge of the Supreme Court. He can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority. He does not hold his office till the pleasure of the president, though he is appointed by him.
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The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment. Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner.
220. Extension of Tenure for Attorney General of India
Context Recently, the central government is set to notify the reappointment of Senior Advocate K K Venugopal as Attorney General of India for a period of one more year.
Concept Article 76 of the Constitution of India provides for the office of the Attorney General for India. He is the highest law officer in the country. Appointment and Term of Attorney General of India He is appointed by the president. He must be a person who is qualified to be appointed a judge of the Supreme Court. It implies that he must be a citizen of India and he must have been a judge of some high court for five years or an advocate of some high court for ten years or an eminent jurist. The term of office of the AG is not fixed by the Constitution. The Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the president which means that he may be removed by the president at any time. He resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice.
Duties and Functions of Attorney General of India To give advice to the Government of India upon such legal matters, which are referred to him by the president;
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To perform such other duties of a legal character which are assigned to him by the president; and To discharge the functions conferred on him by the Constitution or any other law The president has assigned the following duties to the AG: To appear on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned. To represent the Government of India in any reference made by the president to the Supreme Court under Article 143 of the Constitution. To appear (when required by the Government of India) in any high court in any case in which the Government of India is concerned. Rights and Limitations of Attorney General of India The Attorney General has the right of audience in all courts in the territory of India in the performance of his official duties. He has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which he may be named a member, but without a right to vote. He enjoys all the privileges and immunities that are available to a Member of Parliament. The limitations are placed on the Attorney General in order to avoid any complication and conflict of duty: He should not advise or hold a brief against the Government of India. He should not advise or hold a brief in cases in which he is called upon to advise or appear for the Government of India. He should not defend accused persons in criminal prosecutions without the permission of the Government of India. He should not accept appointment as a director in any company or corporation without the permission of the Government of India.
221. Delimitation Panel for Jammu & Kashmir
Context The Delimitation Commission for the Union Territory of Jammu and Kashmir has kicked off the exercise by writing to all 20 District Commissioners (DC), seeking
255 | P a g e OPTIMIZE IAS basic demographic, topographic information as well as the local administration’s impressions of political aspirations of the district.
Concept The then State of Jammu and Kashmir was kept out of the delimitation exercise when it was carried out in the rest of country (between 2002- 2008), as delimitation of Assembly seats was under the Jammu and Kashmir Constitution and its separate Representation of People Act. After becoming a Union Territory, the Delimitation Commission was constituted and asked to mark out Assembly and Parliament seats.
Delimitation in Jammu and Kashmir: The Commission intends to delimit the constituencies of Jammu and Kashmir (J&K) in accordance with the provisions of the Jammu and Kashmir Reorganisation Act (2019). According to Jammu and Kashmir Reorganisation Act, 2019, the number of seats in the Legislative Assembly are to increase with due reservations for SC and STs. It also includes few seats reserved for Pakistan occupied Jammu and Kashmir. The J&K experienced the last delimitation exercise in 1995.
Delimitation Commission The Delimitation Commission is appointed by the President of India and works in collaboration with the Election Commission of India. Delimitation literally means the act or process of fixing limits or boundaries of territorial constituencies in a country to represent changes in population. Constitutional Basis: Article 82 provides the Parliament enacts a Delimitation Act after every Census. The Census Act (1948) provides for the permanent scheme of conducting population Census. It is carried out in a ten years interval. Article 170 provides division of State into territorial constituencies as per Delimitation Act after every Census. Once the Act enacted by the Parliament is in force, the Union government sets up a Delimitation Commission.
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The first delimitation exercise was carried out by the President (with the help of the Election Commission) in 1950-51. The Delimitation Commission Act was enacted in 1952.
Composition: It is usually composed of the retired Supreme Court judge, Chief Election Commissioner and Respective State Election Commissioners.
Objectives To provide equal representation to equal segments of a population. Fair division of geographical areas so that one political party doesn’t have an advantage over others in an election. To follow the principle of “One Vote One Value”. Functions: It determines the number and boundaries of constituencies to make the population of all constituencies nearly equal. It also identifies the seats reserved for Scheduled Castes and Scheduled Tribes, wherever their population is relatively large. In case of difference of opinion among members of the Commission, the opinion of the majority prevails. The Delimitation Commission in India is a high power body whose orders have the force of law and cannot be called in question before any court.
Current Status: The 42nd Amendment Act of 1976 froze the allocation of seats in the Lok Sabha to the states and the division of each State into territorial constituencies till the year 2000 at the 1971 level. Further, the 84th Amendment Act of 2001 extended this ban on readjustment for another 25 years (i.e., upto year 2026), without affecting the total number of seats based on the 1971 census. The 84th Amendment Act of 2001 also empowered the government to undertake readjustment and rationalisation of territorial constituencies in the states on the basis of the population figures of 1991 census. Later, the 87th Amendment Act of 2003 provided for the delimitation of constituencies on the basis of the 2001 census and not 1991 census.
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222. Appointment of Election Commissioners
Context Recently, Shri Anup Chandra Pandey has assumed charge as the new Election Commissioner (EC) of India.
Concept Article 324 of the Constitution has made the following provisions with regard to the composition of election commission The Election Commission shall consist of the chief election commissioner and such number of other election commissioners, if any, as the president may from time to time fix. The appointment of the chief election commissioner and other election commissioners shall be made by the president. When any other election commissioner is so appointed, the chief election commissioner shall act as the chairman of the election commission. The president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission. The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be determined by the president.
Powers and Tenure of Election Commissioners The chief election commissioner and the two other election commissioners have equal powers and receive equal salary, allowances and other perquisites, which are similar to those of a judge of the Supreme Court. In case of difference of opinion amongst the Chief election commissioner and/or two other election commissioners, the matter is decided by the Commission by majority. They hold office for a term of six years or until they attain the age of 65 years, whichever is earlier. Independence of Election Commissioners Article 324 of the Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the Election Commission: The chief election commissioner is provided with the security of tenure.
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He cannot be removed from his office except in same manner and on the same grounds as a judge of the Supreme Court. He can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity. The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment. Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner.
223. Appointment of CEC and EC
Context Disband present EC; SC should decide criteria to appoint CEC, ECs: Congress
Concept The Election Commission shall consist of the chief election commissioner and such number of other election commissioners, if any, as the president may from time to time fix. The appointment of the chief election commissioner and other election commissioners shall be made by the president. The president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission. The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be determined by the president. The CEC and the two other election commissioners have equal powers and receive equal salary, allowances and other perquisites, which are similar to those of a judge of the Supreme Court. They hold office for a term of six years or until they attain the age of 65 years, whichever is earlier. They can resign at any time or can also be removed before the expiry of their term.
224. CBI Director Appointment
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Context PM Modi-led panel to decide next CBI chief, Rakesh Asthana, YC Modi among frontrunners.
Concept The CBI is headed by a Director. The Director of CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organisation. With the enactment of CVC Act, 2003, the superintendence of Delhi Special Police Establishment vests with the Central Government to save investigations of offences under the Prevention of Corruption Act, 1988, in which, the superintendence vests with the Central Vigilance Commission. The Director of CBI has been provided security of two-year tenure in office by the CVC Act, 2003.
Appointment: The Lokpal and Lokayuktas Act (2013) amended the Delhi Special Police Establishment Act (1946) and made the following changes with respect to appointment of the Director of CBI: The Central Government shall appoint the Director of CBI on the recommendation of a three-member committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and the Chief Justice of India or Judge of the Supreme Court nominated by him. Later, the Delhi Special Police Establishment (Amendment) Act, 2014 made a change in the composition of the committee related to the appointment of the Director of C.B.I. It states that where there is no recognized leader of opposition in the Lok Sabha, then the leader of the single largest opposition party in the Lok Sabha would be a member of that committee.
225. GST Council
Context
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West Bengal finance minister Amit Mitra has written to Union FM Nirmala Sitharaman to urgently convene a meeting of the GST Council and discuss the issue of compensation shortfall to states and other pending items.
Concept
GST Council It is a constitutional body under Article 279A. It makes recommendations to theUnion and State Government on issues related to Goods and Service Tax and was introduced by the Constitution (One Hundred and First Amendment) Act, 2016. The GST Council is chaired by the Union Finance Minister and other members are the Union State Minister of Revenue or Finance and Ministers in-charge of Finance or Taxation of all the States. It is considered as a federal body where both the centre and the states get due representation. Every decision of the Goods and Services Tax Council shall be taken at a meeting by a majority of not less than three-fourths of the weighted votes of the members present and voting, in accordance with the following principles, namely: the vote of the Central Government shall have a weightage of one third of the total votes cast, and the votes of all the State Governments taken together shall have a weightage of two thirdsof the total votes cast, in that meeting. Economic Survey 2017-18 also hailed the GST Council for its cooperative federalismtechnology which brings together the Center and States and can be applied to manyother policy reforms.
226. NHRC, UBI, Universal periodic review
Context: NHRC has submitted mid-term Universal Periodic Review to United Nations Human Rights Council (UNHRC) where it mentioned India is considering for Universal basic income.
Concept:
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The Universal Periodic Review (UPR) is a unique process which involves a review of the human rights records of all UN Member States. The UPR is a State-driven process, under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfill their human rights obligations.
NHRC The National Human Rights Commission (NHRC) of India was established on 12October, 1993. The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993 It is in conformity with the Paris Principles. The NHRC is an embodiment of India’s concern for the promotion and protection of human rights. The Commission consists of a Chairperson, full-time Members and seven deemed Members. The statute lays down qualifications for the appointment of the Chairperson and Members of the Commission. Constitution of NHRC o Judge of the Supreme Court is eligible to be appointed as Chairperson of the Commission in addition to the person who has been the Chief Justice of India; o Term of the Chairperson and Members of the Commission is three years or 70years whichever is earlier and shall be eligible for re- appointment. o The chairman and members are appointed by the president on the recommendations of a six-member committee consisting of the prime minister as its head, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses of Parliament and the Central home minister. o The president can remove the chairman or any member from the office under the following circumstances: a) If he is adjudged an insolvent; or b) If he engages, during his term of office, in any paid employment outside the duties of his office; or c) If he is unfit to continue in office by reason of infirmity of mind or body; or
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d) If he is of unsound mind and stand so declared by a competent court; or e) If he is convicted and sentenced to imprisonment for an offence. In addition to these, the president can also remove the chairman or any member on the ground of proved misbehaviour or incapacity. However, in these cases, the president has to refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the president can remove the chairman or a member. The salaries, allowances and other conditions of service of the chairman or a member are determined by the Central government.
UBI Universal basic income (UBI) is a model for providing all citizens of a country or other geographic area with a given sum of money, regardless of their income, resources or employment status. The purpose of the UBI is to prevent or reduce poverty and increase equality among citizens.
227. NHRC and SHRC
Context: Recent Custodial deaths in Tamil Nadu and encounter in Uttar Pradesh has brought into focus the role of human rights watchdogs.
Concept:
NHRC The National Human Rights Commission (NHRC) of India was established on 12 October, 1993. The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993 It is in conformity with the Paris Principles. The NHRC is an embodiment of India’s concern for the promotion and protection of human rights. The Commission consists of a Chairperson, full-time Members and seven deemed Members. The statute lays down qualifications for the 263 | P a g e OPTIMIZE IAS
appointment of the Chairperson and Members of the Commission. Constitution of NHRC Judge of the Supreme Court is eligible to be appointed as Chairpersonof the Commission in addition to the person who has been the Chief Justice of India; Term of the Chairperson and Members of the Commission is three years or 70years whichever is earlier and shall be eligible for re-appointment. The chairman and members are appointed by the president on the recommendations of a six-member committee consisting of the prime minister as its head, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses of Parliament and the Central home minister. The president can remove the chairman or any member from the office under the following circumstances: (a) If he is adjudged an insolvent; or (b) If he engages, during his term of office, in any paid employment outside the duties of his office; or (c) If he is unfit to continue in office by reason of infirmity of mind or body; or (d) If he is of unsound mind and stand so declared by a competent court; or (e) If he is convicted and sentenced to imprisonment for an offence. In addition to these, the president can also remove the chairman or any member on the ground of proved misbehaviour or incapacity. However, in these cases, the president has to refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the president can remove the chairman or a member. The salaries, allowances and other conditions of service of the chairman or a member are determined by the Central government.
SHRC SHRC derives its mandate from Protection of Human Rights Act (PHRA), 1993 The Commission consists of a Chairperson and two Members. The statute lays down qualifications for the appointment of the Chairperson and Members of the Commission. Constitution of NHRC Person who has been Chief Justice or Judge of a High Court will be chairperson of a SHRC.
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Term of the Chairperson and Members of the Commission is three years or 70years whichever is earlier and shall be eligible for re-appointment. The chairperson and members are appointed by the Governor on the recommendations of a committee consisting of the chief minister as its head, the speaker of the Legislative Assembly, the state home minister and the leader of the opposition in the Legislative Assembly. Although the chairperson and members of a State Human Rights Commission are appointed by the governor, they can be removed only by the President (and not by the governor). The President can remove them on the same grounds and in the same manner as he can remove the chairperson or a member of the National Human Rights Commission.
228. Lokayukta
Context:
The Nagaland government has moved the Supreme Court seeking removal of the Nagaland Lokayukta for acts of impropriety.
Concept:
The Lokayukta is an anti-corruption authority constituted at the state level.
It investigates allegations of corruption and mal-administration against public servants and is tasked with speedy redressal of public grievances.
The origin of the Lokayukta can be traced to the Ombudsmen in Scandinavian countries.
The Administrative Reforms Commission, (1966-70), had recommended the creation of the Lokpal at the Centre and Lokayukta in the states.
The Lokayukta is created as a statutory authority under Lokpal and Lokayukta Act, 2013 to enable it to discharge its functions independently and impartially.
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The lokayukta and upa-lokayukta are appointed by the governor of the state. While appointing, the governor in most of the states consults (a) the chief justice of the state high court, and (b) the leader of Opposition in the state legislative assembly.
Judicial qualifications are prescribed for the lokayukta in the States of Uttar Pradesh, Himachal Pradesh, Andhra Pradesh, Gujarat, Orissa, Karnataka and Assam. But no specific qualifications are prescribed in the states of Bihar, Maharashtra and Rajasthan.
In most of the states, the term of office fixed for lokayukta is of 5 years duration or 65 years of age, whichever is earlier. He is not eligible for reappointment for a second term.
The recommendations made by the lokayukta are only advisory and not binding on the state government.
229. NCPCR
Concept The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the Commissions for Protection of Child Rights (CPCR) Act, 2005. National Commission for Protection of Child Rights (NCPCR) is a statutory body under the administrative control of the Ministry of Women & Child Development. The Commission's Mandate is to ensure that all Laws, Policies, Programme, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of the Child. The Child is defined as a person in the 0 to 18 years age group. The Functions of the National Commission for Protection of Child Rights as laid out in the Commissions for Protection of Child Rights (CPCR) Act,2005 are as follow:
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Examine and review the safeguards provided by or under any law for the time being in force for the protection of child rights and recommend measures for their effective implementation; Present to be central government, annually and at such other intervals, as the commission may deem fit, reports upon working of those safeguards; Inquire into violation of child rights and recommend initiation of proceedings in such cases; Examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, HIV/AIDS, trafficking, maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate remedial measures; Look into the matters relating to the children in need of special care and protection including children in distress, marginalized and disadvantaged children, children in conflict with law, juveniles children without family and children of prisoners and recommend appropriate remedial measures; Study treaties and other international instruments and undertake periodical review of existing policies, programmes and other activities on child rights and make recommendations for their effective implementation in the best interest of children.
230. State Consent to CBI
Context Maharashtra government withdrew its consent to the Central Bureau of Investigation (CBI) to probe cases in the state.
Concept CBI is governed by the Delhi Special Police Establishment Act, 1946 (DSPE Act, 1946) that makes consent of a state government mandatory for conducting investigation in that state. There are two kinds of consent: case-specific and general. Given that the CBI has jurisdiction only over central government departments and employees, it can investigate a case involving state
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government employees or a violent crime in a given state only after that state government gives its consent. General consent is normally given to help the CBI seamlessly conduct its investigation into cases of corruption against central government employees in the concerned state. Almost all states have given such consent. Impact of Withdrawal: It means the CBI will not be able to register any fresh case involving a central government official or a private person stationed in the state without getting case-specific consent. Withdrawal of consent will only bar the CBI from registering a case within the jurisdiction of Maharashtra. The CBI could still file cases in Delhi and continue to probe people inside state. Cases registered anywhere else in the country, but involving people stationed in Maharashtra, would allow CBI’s jurisdiction to extend to the state. In simple terms withdrawal of consent simply means that CBI officers will lose all powers of a police officer as soon as they enter the state unless the state government has allowed them. It will have no impact on investigation of cases already registered with CBI as old cases were registered when general consent existed.
231. Information Commissioners
Context Former diplomat and Central Information Commissioner Yashvardhan Kumar Sinha is tipped to be appointed as the country’s next Chief Information Commissioner.
Concept The Chief Information Commissioner(CIC) and Information Commissioners(CI) shall be appointed by the President on the recommendation of a committee consisting of The Prime Minister, who shall be the Chairperson of the committee. The Leader of Opposition in the Lok Sabha. A Union Cabinet Minister to be nominated by the Prime Minister.
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Section 12(5) of the RTI Act 2005 provides that the CIC and IC shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. Also, CIC/IC shall not be a MP or MLA, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. RTI Amendment 2019 gave discretionary powers to government regarding terms and condition for Information and Chief Information Commissioners and reduced their status which is held before as equal to Election and Chief Election Commissioner. Prior to RTI Amendment , CIC shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment Salaries and allowances payable to and other terms and conditions of service of the CIC shall be the same as that of the Chief Election Commissioner and that of ICs shall be the same as that of Election Commissioner Information Commissioner(IC) shall also hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment of IC. However, IC is eligible for appointment as CIC Where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner.
232. National Commission for Women
Context If the West Bengal government fails to respond to more than 260 complaints from the state in the next 15 days, the National Commission for Women (NCW) will submit details of those cases to the Ministry of Home Affairs (MHA), the panel’s Chairperson said.
Concept: It was set up as a statutory body in January 1992 under the National Commission for Women Act, 1990.
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Its mission is to strive towards enabling women to achieve equality and equal participation in all spheres of life by securing her due rights and entitlements through suitable policy formulation, legislative measures, etc. Its functions are to: Review the constitutional and legal safeguards for women. Recommend remedial legislative measures. Facilitate redressal of grievances. Advise the Government on all policy matters affecting women. Composition: Chairperson: The central government should nominate the chairperson. Five members: The five members are also to be nominated by the central government from amongst the person of ability, integrity, and standing. They should possess experience in various fields like law or legislation, trade unionism, management of industry potential of women, women’s voluntary organization, education, administration, economic development, and social good-being. Member Secretary: The Central Government also nominates member secretary. He/ she should be either an expert in the field of management, an organization, or an officer who is a member.
233. CCI
Context The CCI, in its key observations and findings of the telecom sector’s market study conducted by ICRIER, also notes the conflict between allowing access and protecting consumer privacy.
Concept Competition Commission of India (CCI) is a statutory body of the Government of India responsible for enforcing the Competition Act, 2002, it was duly constituted in March 2009. The Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) was repealed and replaced by the Competition Act, 2002, on the recommendations of Raghavan committee. Competition Commission of India aims to establish a robust competitive environment.
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Through proactive engagement with all stakeholders, including consumers, industry, government and international jurisdictions.
Competition Act, 2002 The Competition Act was passed in 2002 and has been amended by the Competition (Amendment) Act, 2007. It follows the philosophy of modern competition laws. The Act prohibits anti-competitive agreements, abuse of dominant position by enterprises and regulates combinations (acquisition, acquiring of control and M&A), which causes or likely to cause an appreciable adverse effect on competition within India. In accordance with the provisions of the Amendment Act, the Competition Commission of India and the Competition Appellate Tribunal have been established. Government replaced Competition Appellate Tribunal (COMPAT) with the National Company Law Appellate Tribunal (NCLAT) in 2017.
Composition of CCI The Commission consists of one Chairperson and six Members as per the Competition Act who shall be appointed by the Central Government. The commission is a quasi-judicial body which gives opinions to statutory authorities and also deals with other cases. The Chairperson and other Members shall be whole-time Members. Eligibility of members: The Chairperson and every other Member shall be a person of ability, integrity and standing and who, has been, or is qualified to be a judge of a High Court, or, has special knowledge of, and professional experience of not less than fifteen years in international trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs, administration or in any other matter which, in the opinion of the Central Government, may be useful to the Commission.
234. Human rights (HRs) and generation of HRs
Context Recently human rights has been in focus with questions being raised about India’s protection of HRs particularly w.r.t cases registered against the environmental
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Concept About Human rights Human Rights are those rights which every human being enjoys on the basis of equality irrespective of caste, race, religion, place of birth, sex or any other economic and social status. The idea of human dignity and equality is embedded in vision of HRs. These Human rights are guaranteed under the constitution of India in the form of Fundamental Rights and Directive Principles of State Policy and International Instruments such as UDHR, ICCPR, ICESCR, UNCRPD etc. The Universal Declaration of Human Rights laid down the terms for the post-war world, it enshrined the rights and the freedoms of all people, living everywhere.
Characteristic of HRs: Inalienable Indivisible, interdependent and interrelated Universal
Three generation of Human Rights: The division of human rights into three generations was introduced in 1979 by Czech jurist Karel Vasak. First generation: It dealt with the civil-political rights like liberty and participation in political life. By nature, they are individualistic and negative (limitation on the state). These have been legitimated and given status in international law by Articles 3 to 21 of the Universal Declaration of Human Rights and the 1966 International Covenant on Civil and Political Rights. Second Generation: these deals with the socio-economic rights that guarantee equal conditions and treatment. They are not rights directly possessed by individuals but constitute positive duties upon the government to respect and fulfil them. Major acknowledgement of these rights came post Second World War and is found in Articles 22 to 27 of the
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UDHR and the International Covenant on Economic, Social, and Cultural Rights. Third generation: Collective-developmental rights or solidarity rights of peoples and groups held against their respective states aligns with the final tenet of “fraternity”. Broad class of rights that have gained acknowledgment in international agreements and treaties but are more contested than earlier two. They can be found in documents like 1992 Rio Declaration on Environment and Development, and the 1994 Draft Declaration of Indigenous Peoples’ Rights.
235. AIM PRIME
Context Recently, the NITI Aayog has launched the ‘AIM-PRIME’ (Program for Researchers on Innovations, Market-Readiness & Entrepreneurship).
Concept About AIM-PRIME It is an initiative of the NITI Aayog’s Atal Innovation Mission (AIM) in partnership with Bill & Melinda Gates Foundation (BMGF). It is a nationwide program which will be implemented by Venture Center (a non-profit technology business incubator). The first cohort of the program is open to technology developers (early- stage deep tech start-ups, and scientists/ engineers/ clinicians). The program is also open to CEOs and senior incubation managers of AIM Funded Atal Incubation Centers that are supporting deep tech entrepreneurs. It is catalyzed by the office of the Principal Scientific Advisor and the Pune Knowledge Cluster.
236. NITI AAYOG NEEDS TO PERHAPS LOOK AT SDG 10 AT A HOLISTIC MANNER
Context Viewed against the economic impact of the pandemic, nations’ efforts towards meeting the UN’s Sustainable Development Goals (SDGs) by 2030 have assumed even greater importance.
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Concept NITI, without doubt, has done well to focus on crucial social indicators like women’s representation in policy-making, crimes against SCs/STs, transgender labour force participation, etc, but, dropping earlier indicators that brought into stark relief the progress (or the lack of this) on reducing economic inequality doesn’t make the picture truly representative. In 2019, the NITI’s index included inequality indicators like the growth in household expenditure per-capita for the bottom 40% of rural and urban populations, as well as the Gini index, a measure of wealth inequality. In 2018, the index had also included the Palma ratio—which shows the gap between the richest 10%and the bottom 40%. These are all crucial indicators to have a more granular assessment of the current position of households in NITI’s only economic indicator of inequality this year—population in the two lowest wealth quintiles. Palma Ratio The Palma ratio of inequality was proposed by Alex Cobham and Andy Sumner in 2013, on the basis of the ‘Palma proposition'. The Palma ratio is a measure of inequality. It is the ratio of the richest 10% of the population’s share of gross national income (GNI) divided by the poorest 40%’s share. The measure is now reported by many of the leading income distribution databases and some national statistics offices, and received wide support as an original indicator for the UN Sustainable Development Goal 10.
237. Odisha Lokayukta sends notice to officials over alleged encroachment by institute
Context The Odisha Lokayukta has issued notices to the State Chief Secretary and Director of Estate in connection with an alleged encroachment of 12 acres of prime land by the Kalinga Institute of Industrial Training.
Concept
About Lokayukta
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The Lokayukta is an anti-corruption authority constituted at the state level. It investigates allegations of corruption and mal-administration against public servants and is tasked with speedy redressal of public grievances. The origin of the Lokayukta can be traced to the Ombudsmen in Scandinavian countries. The Administrative Reforms Commission, (1966-70), had recommended the creation of the Lokpal at the Centre and Lokayukta in the states. The Lokayukta is created as a statutory authority under Lokpal and Lokayukta Act, 2013to enable it to discharge its functions independently and impartially. The lokayukta and upalokayukta are appointed by the governor of the state. While appointing, the governor in most of the states consults (a) the chief justice of the state high court, and (b) the leader of Opposition in the state legislative assembly. Judicial qualifications are prescribed for the lokayukta in the States of Uttar Pradesh, Himachal Pradesh, Andhra Pradesh, Gujarat, Orissa, Karnataka and Assam. But no specific qualifications are prescribed in the states of Bihar, Maharashtra and Rajasthan. In most of the states, the term of office fixed for lokayukta is of 5 years duration or 65 years of age, whichever is earlier. He is not eligible for reappointment for a second term. The recommendations made by the lokayukta are only advisory and not binding on the state government.
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Miscellaneous Topics 238. NIRF ranking
Context: National Institute Ranking Framework (NIRF) ranking list for 2020 has been released in which IIT-M topped the list.
Concept: The National Institutional Ranking Framework (NIRF) was approved by the MHRD and launched on 2015. This framework outlines a methodology to rank institutions across the country. Theme topology identifies the broad parameters for ranking various universities and institutions. The parameters broadly cover “Teaching, Learning and Resources,” “Research and Professional Practices,” “Graduation Outcomes,” “Outreach and Inclusivity,” and “Perception”.
239. What is India Patent Act?
Context: There is a growing clamour in India for boycotting trade with China amidst recent political tensions between the two countries. It became major cause of concern for India’s pharmaceutical industry as it depends on china for APIs.
Concept: India is the third largest producer of finished drugs in the world, it relies significantly on China for supplies of active pharmaceutical ingredients (APIs), the key components in making medicines. An estimated 70 per cent of API requirements of India’s pharmaceutical industry are sourced from China. The 1970 Indian Patent Act is widely lauded for facilitating the growth of India’s pharmaceutical industry.
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The Patents Act, 1970 is the legislation that till date governs patents in India. It first came into force in 1972. The Patents Act has been repeatedly amended: 1999, 2002, 2005, 2006. These amendments were required to make the Patents Act TRIPS- compliant The major amendment was in 2005, when product patent was extended to all fields of technology like food, drugs, chemicals and micro organisms. The Indian Patent Act, 1970 strikes a balance between the rights of the applicant and his obligation to the society granting the rights. Some salient features of the Act include product and process patent, term of patent as20 years, patent examination conducted on request, fast track mechanism for quick disposal of appeals, pre-grant and post-grant opposition allowed, protection of biodiversity and traditional knowledge, and, publication of applications after 18months of date of filing of patent application. One of the most important aspects of Indian Patents Act, 1970, is compulsory licensing of the patent subject to the fulfillment of certain conditions. Section 3(d) stipulates that the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant, is not patentable
240. Pragyata Guideline
Context: Human resource and Development Minister has released guidelines for online education ‘Pragyata’
Concept: The guidelines have been issued to ensure the safety and academic welfare of the students. The guidelines issued by MHRD entail suggestions for administrators, school heads, teachers, parents and students on the following areas:
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Need assessment Concerns while planning online and digital education like duration, screen time, inclusiveness, balanced online and offline activities, etc. level-wise Modalities of intervention including resource curation, level-wise delivery, etc. Physical, mental health and well-being during digital education Cyber safety and ethical practices including precautions and measures for maintaining cyber safety Collaboration and convergence with various initiatives These guidelines, prepared by the National Council of Educational Research and Training (NCERT), are only advisory in nature, and State governments have been asked to build on them and formulate their own rules, based on local needs. The ministry has recommended a cap on the screen time for students. As per the guidelines, online classes for pre-primary students should not be for more than 30minutes. It further mentions that two online sessions of up to 30-45 minutes each should be conducted for classes 1 to 8 and four sessions for classes 9 to 12.
241. Official language
Context:
The Supreme Court Thursday advised government to amend the Official Languages Act, 1963 to allow publication of official notifications in languages other than Hindi and English.
Concept:
The constitutional provisions dealing with the language of the courts and legislation are as follows: o Until Parliament provides otherwise, the following are to be in the English language only: All proceedings in the Supreme Court and in every high court and the authoritative texts of all bills, acts, ordinances, orders, rules, regulations and byelaws at the Central and state levels. However, the governor of a state, with the previous consent of the president, can authorise the use of Hindi or any other official language of 278 | P a g e OPTIMIZE IAS
the state, in the proceedings in the high court of the state, but not with respect to the judgments, decrees and orders passed by it. In other words, the judgments, decrees and orders of the high court must continue to be in English only (until Parliament otherwise provides). Similarly, a state legislature can prescribe the use of any language (other than English) with respect to bills, acts, ordinances, orders, rules, regulations or bye-laws, but a translation of the same in the English language is to be published.
242. Official languages for state
Context:
On the agenda of the ongoing monsoon session in Parliament is a bill to introduce Hindi, Kashmiri and Dogri as official languages in Jammu and Kashmir, in addition to English and Urdu.
Concept:
Part XVII of the Constitution deals with the official language in Articles 343 to 351
The Constitution does not specify the official language of different states. In this regard, it makes the following provisions.
The legislature of a state may adopt any one or more of the languages in use in the state or Hindi as the official language of that state. Until that is done, English is to continue as official language of that state.
Under this provision, most of the states have adopted the major regional language as their official language. For example, Andhra Pradesh has adopted Telugu, Kerala—Malayalam, Assam—Assamese, West Bengal— Bengali, Odisha— Odia.
Notably, the choice of the state is not limited to the languages enumerated in the Eighth Schedule of the Constitution.
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For the time being, the official language of the Union (i.e., English) would remain the link language for communications between the Union and the states or between various states. But, two or more states are free to agree to use Hindi (instead of English) for communication between themselves.
The Official Language Act (1963) lays down that English should be used for purposes of communication between the Union and the non-Hindi states (that is, the states that have not adopted Hindi as their official language). Further, where Hindi is used for communication between a Hindi and a non-Hindi state, such communication in Hindi should be accompanied by an English translation.
When the President (on a demand being made) is satisfied that a substantial proportion of the population of a state desire the use of any language spoken by them to be recognised by that state, then he may direct that such language shall also be officially recognised in that state. This provision aims at protecting the linguistic interests of minorities in the states
243. Poll Spending
Context The poll spending limit for candidates contesting Lok Sabha and Assembly elections has been enhanced by 10 percent based on the recommendation of the Election Commission. Contestants are allowed to spend more on campaigning keeping in mind difficulties they may face due to COVID-19 curbs.
Concept Current rules on poll spending: At present, under Rule 90 of the Conduct of Election Rules, 1961, a candidate contesting Lok Sabha polls can spend up to Rs 70 lakh and up to Rs 28 lakh in an assembly election depending on the state in which s/he is contesting polls. Under Section 77 of the Representation of the People Act, 1951, every candidate shall keep a separate and correct account of all expenditure
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incurred between the date on which he has been nominated and the date of declaration of the result. All candidates are required to submit their expenditure statement to the ECI within 30 days of the completion of the elections. An incorrect account or expenditure beyond the cap can lead to disqualification of the candidate by the ECI for up to three years, under Section 10A of the Representation of the People Act, 1951. It can be noted that there is no cap on a political party’s expenditure, which is often exploited by candidates of the party. However, all registered political parties have to submit a statement of their election expenditure to the ECI within 90 days of the completion of the elections.
244. Model Code of Conduct
Concept The MCC is a set of guidelines issued by the Election Commission (EC) to regulate political parties and candidates prior to elections. Basically, the code spells out the do's and don’ts for elections. This is in keeping with Article 324 of the Constitution, which mandates EC to conduct free and fair elections to the Parliament and State Legislatures. It is not statutory but Political Parties, Candidates and Polling Agents are expected to observe the norms, on matters ranging from the content of election manifestos, speeches and processions, to general conduct etc. The code comes into force on the announcement of the poll schedule and remains operational till the process is concluded. The EC has devised several mechanisms to take note of the violation of the code, which include joint task forces of enforcement agencies and flying squads.
Legal Enforcement Though MCC does not have any statutory backing, but the Code has come to acquire teeth in the past decade because of its strict enforcement by the EC. Certain provisions of the MCC may be enforced through invoking corresponding provisions in other statutes such as the Indian Penal Code,
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1860, Code of Criminal Procedure, 1973, and Representation of the People Act, 1951. In 2013, the Standing Committee on Personnel, Public Grievances, Law and Justice, recommended making the model code of conduct legally binding. It recommended that the MCC be made a part of the Representation of the People Act, 1951. The EC argues against making it legally binding. According to it, elections must be completed within a relatively short time or close to 45 days, and judicial proceedings typically take longer, therefore it is not feasible to make it enforceable by law.
Additional Information: cVIGIL App The cVIGIL App provides time-stamped, evidence-based proof of the Model Code of Conduct / Expenditure Violation, having live photo/video with auto location data. Any citizen can lodge a complaint through the Mobile App. Flying Squads will then investigate the matter and the Returning Officer takes the decision. The status of cVIGIL can be shared with the cVIGIL complainant within a specified time limit.
245. Forest Rights Act
Context Over 1,200 tribals Mysuru district stare at an uncertain future as their review petition for recognition of their claims over forest land under the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act, 2006, has been rejected by the local authorities.
Concept The act was passed in December 2006. It deals with the rights of forest dwelling communities over land and other resources. The Act grants legal recognition to the rights of traditional forest dwelling communities, partially correcting the injustice caused by the forest laws.
Rights under the Act:
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Title rights – Ownership to land that is being farmed by tribals or forest dwellers subject to a maximum of 4 hectares; ownership is only for land that is actually being cultivated by the concerned family, meaning that no new lands are granted. Use rights – to minor forest produce (also including ownership), to grazing areas, to pastoralist routes, etc. Relief and development rights – to rehabilitation in case of illegal eviction or forced displacement; and to basic amenities, subject to restrictions for forest protection. Forest management rights – to protect forests and wildlife. Eligibility: Eligibility to get rights under the Act is confined to those who “primarily reside in forests” and who depend on forests and forest land for a livelihood. Further, either the claimant must be a member of the Scheduled Tribes scheduled in that area or must have been residing in the forest for 75 years.
Process of recognition of rights: The Act provides that the gram sabha, or village assembly, will initially pass a resolution recommending whose rights to which resources should be recognised. This resolution is then screened and approved at the level of the subdivision (or taluka) and subsequently at the district level. The screening committees consist of three government officials (Forest, Revenue and Tribal Welfare departments) and three elected members of the local body at that level. These committees also hear appeals.
246. UMANG App
Context Union Minister for IT launched the UMANG’s international version in coordination with Ministry of External Affairs for select countries that include USA, UK, Canada, Australia, UAE, Netherlands, Singapore, Australia and New Zealand.
Concept
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It will help Indian international students, NRIs and Indian tourists abroad, to avail Government of India services, anytime. It will also help in taking India to the world through ‘Indian Culture’ services available on UMANG and create interest amongst foreign tourists to visit India. The UMANG mobile app (Unified Mobile Application for New-age Governance) is a Government of India all-in-one single multi-lingual, multi- service Mobile App providing access to high impact services of various Government of India Departments and State Governments.
247. NRI Voting
Context Election Commission (EC) approached the Law Ministry to permit NRIs to cast their votes from overseas through postal ballots.
Concept According to a UN report of 2015, India’s diaspora population is the largest in the world at 16 million people. Registration of NRI voters, in comparison, has been very low: a little over one lakh overseas Indians registered as voters in India, according to the EC. In last year’s Lok Sabha elections, roughly 25,000 of them flew to India to vote. An NRI can vote in the constituency in which her place of residence, as mentioned in the passport, is located. She can only vote in person and will have to produce her passport in original at the polling station for establishing identity. Voting rights for NRIs were introduced only in 2011, through an amendment to the Representation of the People Act 1950. According to the EC proposal, any NRI interested in voting through the postal ballot in an election will have to inform the Returning Officer (RO) not later than five days after the notification of the election. On receiving such information, the RO will dispatch the ballot paper electronically. The NRI voters will download the ballot paper, mark their preference on the printout and send it back along with a declaration attested by an officer appointed by the diplomatic or consular representative of India in the country where the NRI is resident.
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Postal Ballots System: Ballot papers are distributed electronically to electors and are returned to the election officers via post. Currently, only the following voters are allowed to cast their votes through postal ballot: Service voters (armed forces, the armed police force of a state and government servants posted abroad), Voters on election duty, Voters above 80 years of age or Persons with Disabilities (PwD), Voters under preventive detention. The exception to the above-mentioned category of voters is provided under Section 60 of the Representation of the People Act, 1951.
248. Postal Voting
Context The Election Commission’s (EC) proposal to grant postal voting rights to Non- Resident Indians (NRIs) may get implemented first for voters based in the US, Canada, New Zealand, Japan, Australia, Germany, France and South Africa. Concept: A restricted set of voters can exercise postal voting. Through this facility, a voter can cast her vote remotely by recording her preference on the ballot paper and sending it back to the election officer before counting. Ballot papers are distributed electronically to electors and are returned to the election officers via post. People who can avail this facility at present
Members of the armed forces like the Army, Navy and Air Force, members of the armed police force of a state (serving outside the state), government employees posted outside India and their spouses are entitled to vote only by post. The exception to the above-mentioned category of voters is provided under Section 60 of the Representation of the People Act, 1951.
Representation of the People Act, 1951:
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This act provides for the actual conduct of elections in India. It deals with the following matters: Details like Qualification and Disqualification of members of both the Houses of Parliament and the State Legislatures, Administrative machinery for conducting elections, Registration of Political parties, Conduct of Elections, Election Disputes, Corrupt practices & Electoral offences, & By-elections.
249. UAPA
Context Kalita is facing trial in a Northeast delhi riots case where the stringent Unlawful Activities Prevention Act (UAPA) has been invoked against her over charges that she was part of a conspiracy that led to the riots.
Concept
Unlawful Activities (Prevention) Act: Passed in 1967, the law aims at effective prevention of unlawful activities associations in India. The Act assigns absolute power to the central government, by way of which if the Centre deems an activity as unlawful then it may, by way of an Official Gazette, declare it so. It has death penalty and life imprisonment as highest punishments. Under UAPA, both Indian and foreign nationals can be charged. It will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India. Under the UAPA, the investigating agency can file a charge sheet in maximum 180 days after the arrests and the duration can be extended further after intimating the court.
Amendments and changes: The 2004 amendment, added “terrorist act” to the list of offences to ban organizations for terrorist activities, under which 34 outfits were banned.
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Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. In August, Parliament cleared the Unlawful Activities (Prevention) Amendment Bill, 2019 to designate individuals as terrorists on certain grounds provided in the Act. The Act empowers the Director General of National Investigation Agency (NIA) to grant approval of seizure or attachment of property when the case is investigated by the said agency. The Act empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism in addition to those conducted by the DSP or ACP or above rank officer in the state.
250. Institute of Excellence
Context An eight-member committee appointed by the government for suggesting measures for effective implementation of reservation in students admissions and faculty recruitment in IITs has recommended that the 23 engineering schools should be exempted from reservations under CEI Act, 2019.
Concept Among two sets of recommendations made by the committee, one stated that IITs should be added to the list of “Institutions of Excellence” mentioned in the Schedule to the Central Educational Institutions (Reservation in Teachers’ Cadre) Act 2019. Section 4 of the Act exempts “institutions of excellence, research institutions, and institutions of national and strategic importance” mentioned in the Schedule and minority institutions from providing reservation. Institute of Excellence Scheme It was launched in order to empower the Higher Educational Institutions and to help them become world-class teaching and research institutions. Objectives: Excellence and Innovation: To provide for higher education leading to excellence and innovations in such branches of knowledge as may be deemed fit at post-graduate, graduate and research degree levels.
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Specialization: To engage in areas of specialization to make distinctive contributions to the objectives of the university education system. Global Rating: To aim to be rated internationally for its teaching and research as a top hundred Institution in the world over time. Quality teaching and Research: To provide for high quality teaching and research and for the advancement of knowledge and its dissemination. Incentives of the scheme: Institutes with IOE tag will be given greater autonomy and freedom to decide fees, course durations and governance structures. The public institutions under IOE tag will receive a government grant of ₹1,000 crore, while the private institutions will not get any funding under the scheme.
251. Kevadia Tourism Circuit
Context The Gujarat government on Wednesday decided to “withdraw” revenue record entry from the lands of 121 villages falling under the eco-sensitive zone in Narmada district, which is home to the Statue of Unity and the Kevadia tourism circuit. Concept Kevadia is a village in the tribal Narmada district. It is home to the Sardar Sarovar Dam reservoir on the Narmada river. Kevadia circuit covers 35 tourist spots including the Valley of Flowers, Vishwa Van, Cactus Garden, Butterfly Garden. Major attractions of the Circuit Sardar Patel Zoological Park and Jungle Safari Children’s Nutrition Park The Mirror Maze Carnival look Riverfront cycling tour The Gardens The cruises Dynamic lighting on Sardar Sarovar Dam
252. Foreigner’s Tribunal
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Context After a year-and-a-half in a detention centre as ‘illegal foreigners’, the New Year has brought freedom and citizenship to Mohammad Nur Hussain, 34, his wife Sahera Begum, 26, and their two minor children, who have been declared Indians in a re-trial by a Foreigners’ Tribunal (FT).
Concept: Foreigners Tribunal In 1964, the govt brought in the Foreigners (Tribunals) Order. Composition: Advocates not below the age of 35 years of age with at least 7 years of practice (or) Retired Judicial Officers from the Assam Judicial Service (for assam) (or) Retired IAS Officers (not below the rank of Secretary/Addl. Secretary) having experience in quasi-judicial works.
Who can setup these tribunals? The Ministry of Home Affairs (MHA) has amended the Foreigners (Tribunals) Order, 1964, and has empowered district magistrates in all States and Union Territories to set up tribunals (quasi-judicial bodies) to decide whether a person staying illegally in India is a foreigner or not. Earlier, the powers to constitute tribunals were vested only with the Centre. Typically, the tribunals there have seen two kinds of cases: those concerning persons against whom a reference has been made by the border police and those whose names in the electoral roll has a “D”, or “doubtful”, marked against them.
Who can approach? The amended order (Foreigners (Tribunal) Order, 2019) also empowers individuals to approach the Tribunals. Earlier, only the State administration could move the Tribunal against a suspect. Process Foreigners Tribunals, quasi-judicial authorities, have been deciding on matters pertaining to citizenship in order to identify foreigners. The process begins by the border police or the Election Commission referring the case of a suspected foreigner to the Foreigners Tribunal.
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The tribunal calls on the person to appear before it and prove that they are not a foreigner, and then passes an order in favour or against them.
253. Central Consumer Protection Authority
Context Central Consumer Protection Authority (CCPA) Chief Commissioner stated that 2,850 complaints pertaining to "transactions failed/cancelled but money not refunded" forming 20 per cent of grievances registered in the banking sector have been received through the government-run National Consumer Helpline (NCH).
Concept Central Consumer Protection Authority The authority is being constituted under Section 10(1) of The Consumer Protection Act, 2019. Aim: To protect the rights of the consumer by cracking down on unfair trade practices, and false and misleading advertisements that are detrimental to the interests of the public and consumers. It will be headquartered in the National Capital Region of Delhi but the central government may set up regional offices in other parts of the country. Powers and Functions: Inquire or investigate into matters relating to violations of consumer rights or unfair trade practices suo motu, or on a complaint received, or on a direction from the central government. Recall goods or withdrawal of services that are “dangerous, hazardous or unsafe. Pass an order for refund the prices of goods or services so recalled to purchasers of such goods or services; discontinuation of practices which are unfair and prejudicial to consumer’s interest”. Impose a penalty up to Rs 10 lakh, with imprisonment up to two years, on the manufacturer or endorser of false and misleading advertisements. The penalty may go up to Rs 50 lakh, with imprisonment up to five years, for every subsequent offence committed by the same manufacturer or endorser.
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Ban the endorser of a false or misleading advertisement from making endorsement of any products or services in the future, for a period that may extend to one year. The ban may extend up to three years in every subsequent violation of the Act. File complaints of violation of consumer rights or unfair trade practices before the District Consumer Disputes Redressal Commission, State Consumer Disputes Redressal Commission, and the National Consumer Disputes Redressal Commission.
Composition: It will have a Chief Commissioner as head, and only two other commissioners as members — one of whom will deal with matters relating to goods while the other will look into cases relating to services. The CCPA will have an Investigation Wing that will be headed by a Director General. District Collectors too, will have the power to investigate complaints of violations of consumer rights, unfair trade practices, and false or misleading advertisements.
254. Emergency Use Authorization
Context The government-appointed expert panel on Friday emergency use approval for the Oxford University-AstraZeneca Vaccine made and distribute by the Serum Institute of India.
Concept: After Drugs Controller General of India (DCGI) gives its approval India too will likely begin the mass immunisation programme with a dosing regimen that had shown an efficacy rate of 62 Percent. AstraZeneca had said its vaccine had shown 90% efficacy in a small subset of volunteers — none older than 55 administered with a half dose followed by a full dose a month.
Emergency Use Authorizations (EUA)
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Vaccines and medicines, and even diagnostic tests and medical devices, require the approval of a regulatory authority before they can be administered. In India, the regulatory authority is the Central Drugs Standard Control Organisation (CDSCO). The approval is granted after an assessment of their safety and effectiveness, based on data from trials. In fact, approval from the regulator is required at every stage of these trials. This is a long process, designed to ensure that medicine or vaccine is absolutely safe and effective. The fastest approval for any vaccine until now — the mumps vaccine in the 1960s — took about four-and-a-half years after it was developed.
Accelerated Approval Process in India Under this process, a new drug is approved based on data generated in clinical trials. The Rules provide a relaxation for skipping Phase III clinical trials, which crucially test for a vaccine or drug’s efficacy in preventing disease in the local population. Phase III trial is allowed to be skipped if ‘remarkable efficacy’ is observed with a defined dose in the Phase II clinical trial of the new drug. The regulator can then also grant market approval for the new drug or vaccine based on Phase II data to meet what the Rules call ‘unmet medical needs of serious and life threatening diseases in the country’. The Rules also state that in such cases, additional studies ‘may’ be required after approval to generate data on a larger population to verify its benefits. Unmet medical needs essentially means a situation where treatment or diagnosis of disease is not addressed adequately with the available therapy. Further, the Rules provide for relaxations for unapproved or imported drugs or vaccines. The regulator relies on clinical trial data generated abroad to approve the vaccines in such scenarios and additional non-clinical or clinical data may be required to back the claims.
Exceptions for emergency In emergency situations, like the current one, regulatory authorities around the world have developed mechanisms to grant interim approvals.
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However, there should sufficient evidence to suggest a medical product is safe and effective. Final approval is granted only after completion of the trials and analysis of full data; until then, EUA allows the medicine or the vaccine to be used on the public. India’s drug regulations do not have provisions for a EUA, and the process for receiving one is not clearly defined or consistent.
255. Disqualification under 10th Schedule
Context The Supreme Court will examine if those disqualified under the Tenth Schedule of the Constitution for defection be barred from re-contesting by-elections in the remaining term of the House to which they were elected.
Concept The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act. It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House. The decision on question as to disqualification on ground of defection is referred to the Chairman or the Speaker of such House, and his decision is final. The law applies to both Parliament and state assemblies.
Disqualification If a member of a house belonging to a political party: Voluntarily gives up the membership of his political party, or Votes, or does not vote in the legislature, contrary to the directions of his political party. However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified. If an independent candidate joins a political party after the election. If a nominated member joins a party six months after he becomes a member of the legislature.
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Exceptions under the law: Legislators may change their party without the risk of disqualification in certain circumstances. The law allows a party to merge with or into another party provided that at least two-thirds of its legislators are in favour of the merger. In such a scenario, neither the members who decide to merge, nor the ones who stay with the original party will face disqualification. Decision of the Presiding Officer is subject to judicial review: The law initially stated that the decision of the Presiding Officer is not subject to judicial review. This condition was struck down by the Supreme Court in 1992, thereby allowing appeals against the Presiding Officer’s decision in the High Court and Supreme Court. However, it held that there may not be any judicial intervention until the Presiding Officer gives his order.
256. POCSO Act
Context The Nagpur Bench of the Bombay High Court acquitted a man of charges under the Protection of Children from Sexual Offences (POCSO) Act and convicted him under a “minor offence” of the Indian Penal Code (IPC).
Concept
Protection of Children from Sexual Offences Act, 2012 It was enacted to protect the children from offences of sexual assault, sexual harassment and pornography with due regard for safeguarding the interest and well-being of children. It defines a child as any person below eighteen years of age and regards the best interests and welfare of the child as a matter of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child. It defines different forms of sexual abuse, including penetrative and non- penetrative assault, as well as sexual harassment and pornography.
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It deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority like a family member, police officer, teacher, or doctor. It also casts the police in the role of child protectors during the investigative process. The Act stipulates that a case of child sexual abuse must be disposed of within one year from the date the offence is reported. It was amended in August 2019 to provide more stringent punishment, including the death penalty, for sexual crimes against children.
257. CDSCO
Context A subject expert committee of the Central Drugs Standard Control Organisation (CDSCO) has given approval to Bharat Biotech to launch the first phase of clinical trial of an intranasal vaccine candidate for COVID-19. Concept Central Drugs Standard Control Organisation (CDSCO) The Central Drugs Standard Control Organisation (CDSCO) – under Directorate General of Health Services, Ministry of Health & Family Welfare. It is the National Regulatory Authority (NRA) of India. CDSCO is the Central Drug Authority for discharging functions assigned to the Central Government under the Drugs and Cosmetics Act. It regulates the safety, efficacy and quality of notified medical devices under the provisions of Drugs and Cosmetics Act, 1940. Headquarters – New Delhi.
Major functions of CDSCO: Under the Drugs and Cosmetics Act, CDSCO is responsible for approval of drugs, conduct of clinical trials, laying down the standards for drugs, control over the quality of imported drugs in the country and Coordination of the activities of State drug control organizations.
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258. Child Welfare Committee (CWCs)
Context The CWC pulled up police in a gang rape case of minor as CWC was kept in dark regarding the incident.
Concept It is a quasi-judicial agency and is the final authority on children in need of care and protection. It is an autonomous body. The Child Welfare Committee functions as a bench guided by the powers that are conferred in the Code of Criminal Procedure, 1973. Anyone connected to the child is allowed to file a petition to the Magistrate of that District, who considers and passes appropriate orders. It is mandatory to form one or more Child Welfare Committees in every district for exercising power and to discharge the duties conferred in relation to children in need of care and protection. This committee consists of a Chairperson and other four members who according to the State Government are fit to be appointed, at least one of whom should be a woman and the other should preferably be an expert on matters that are concerning the children. Power and function as mentioned in Section 27 of the Juvenile Justice, Act 2015: The Committee has the full authority of disposing of cases for the care, protection and treatment of the children. The Committee can also dispose of cases that are for the development, rehabilitation and protection of children that are in need, and also to provide for the basic need and protection that is needed by the children. When a Committee is constituted for any particular area, then it has the power to exclusively deal with all proceedings that are being held under the provisions of this Act that are related to children in terms of need of care and protection. While exercising the given powers curtailed under this Act, the Committee is barred from performing any act which would go against anything contained in any other law that is in force at that time.
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CWCs are designated by law as final district-level authorities for care, protection, treatment, development and rehabilitation of “children in need of care and protection” – or CNCP POCSO Act mandates the police to inform CWC In case of sexual abuse, the Juvenile Justice Act defines CNCP as any child “who has been or is being or is likely to be abused, tortured or exploited for the purpose of sexual abuse or illegal acts”. Rules under POCSO Act make it mandatory that if the police have reasons to believe that the child is without a home or paternal support, or is in any institution or when a perpetrator is in the same house, among others, the victim has to be produced before CWC.
259. Regulatory Approval of Vaccines
Context Covid-19 second surge: Centre clears way for foreign vaccines, fast-tracks approval.
Concept Government announced it would not enforce the pre-condition of conducting phase 2 and 3 clinical trials in India for those vaccines that have been granted emergency approvals by the US, EU, UK and Japanese regulators, including those listed by the WHO. The Centre said that the decision to ease regulatory approvals was taken on the recommendation of the National Expert Group on Vaccine Administration for Covid-19 (NEGVAC). The Union Ministry of Health and Family Welfare said the foreign manufactures have to comply with one condition: the first 100 beneficiaries would be assessed for seven days for safety outcomes before the vaccines are rolled out for the immunization programme. Companies will also have to conduct a “post-approval parallel bridging clinical trial”.
Regulatory Provisions for Approval of Vaccines in India: Clinical trials of new drugs and vaccines, and their approvals, are governed by the Drugs and Clinical Trials Rules, 2019.
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There is nothing such as emergency use approval in Indian rules, however the 2019 rules provide for “Accelerated Approval Process” in several situations that would include the one like the current pandemic. In such situations, there is a provision for granting approval to a drug that is still in clinical trials provided the product is of meaningful therapeutic benefit. Accelerated approval may also be granted to a new drug if it is intended for the treatment of a serious, or life-threatening condition, or disease of special relevance to the country, and addresses unmet medical needs. A new drug, or a vaccine, can be considered for approval if remarkable effectiveness is reported even from phase-II trials. In such cases, additional post licensure studies may be required. The approval granted to drugs or vaccines that are still in clinical trials is temporary, and valid only for one year.
260. Drugs and cosmetics Act
Context Delhi High Court on Monday pulled up the Drug Controller Department of Delhi for not properly examining how BJP MP Gautam Gambhir procured a huge quantity of COVID-19 medicines.
Concept The Drugs and Cosmetics Act, 1940 is an act of the Parliament of India which regulates the import, manufacture and distribution of drugs in India. The primary objective of the act is to ensure that the drugs and cosmetics sold in India are safe, effective and conform to state quality standards
DRUGS AND COSMETICS RULES, 1945 The Drugs and Cosmetics Rules, 1945 are the set of rules under The Drugs and Cosmetics Act, 1940. It contains provisions for the classification of drugs under given schedules. It also contains the guidelines of drugs for their storage, sale, display, and prescription of each schedule.
CENTRAL DRUGS STANDARD CONTROL ORGANIZATION (CDSCO)
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CDSCO is the National Regulatory Authority (NRA) of India. Its headquarter is in Delhi. The Drugs & Cosmetics Act, 1940 and rules 1945 have entrusted various responsibilities to central & state regulators for the regulation of drugs & cosmetics. It envisages the uniform implementation of the Act & Rules for ensuring the safety, rights and wellbeing of the patients. Under this act, CDSCO is responsible for: Approval of Drugs Conduct of Clinical Trials Laying down the standards for Drugs Control over the quality of imported Drugs in the country Coordination of the activities of State Drug Control Organizations Bring out the uniformity in the enforcement of the Drugs and Cosmetics Act.
261. DCGI relaxes norms for clearing Vaccines
Context India’s apex drug regulator Tuesday waived the requirement for foreign companies to conduct post-launch bridging trials and test the quality and stability of their Covid-19 vaccines here if they have approvals from specific countries or health bodies Concept Drugs Controller General of India (DCGI) DCGI under gamut of Central Drugs Standard Control Organization (CDSCO) is responsible for approval of licenses of specified categories of drugs such as blood and blood products, vaccines, IV fluids and sera in India. DCGI lays down standards and quality of manufacturing, selling, import and distribution of drugs in India. It acts as appellate authority in case of any dispute regarding quality of drugs. It prepares and maintains national reference standard. It brings about uniformity in enforcement of Drugs and Cosmetics Act. It trains Drug Analysts deputed by State Drug Control Laboratories and other Institutions.
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262. Central Administrative Tribunal (CAT)
Context The Bombay High Court on Tuesday said the petition filed by former Mumbai commissioner of police Param Bir Singh, challenging the preliminary inquiries initiated against him by the Maharashtra government, was a service matter and relief could be adjudicated by the Central Administrative Tribunal (CAT).
Concept
Central Administrative Tribunal Article 323 - A: The Central Administrative Tribunal had been established under Article 323 - A of the Constitution for adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other authorities under the control of the Government. In pursuance of Article 323-A, the Parliament has passed the Administrative Tribunals Act in 1985. The act authorises the Central government to establish one Central Administrative Tribunal and the state administrative tribunals. This act opened a new chapter in the sphere of providing speedy and inexpensive justice to the aggrieved public servants. There are 17 Benches and 21 Circuit Benches in the Central Administrative Tribunal all over India. The CAT is a specialist body consisting of Administrative Members and Judicial Members who by virtue of their specialized knowledge are better equipped to dispense speedy and effective justice. It was established in 1985. A Chairman who has been a sitting or retired Judge of a High Court heads the Central Administrative Tribunal. Operating Principles It exercises jurisdiction only in relation to the service matters of the parties covered by the Administrative Tribunals Act, 1985. The Tribunal is guided by the principles of natural justice in deciding cases and is not bound by the procedure, prescribed by the Civil Procedure Code.
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Under Section 17 of the Administrative Tribunal Act, 1985, the Tribunal has been conferred with the power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court. Independence: The conditions of service of the Chairman and Members are the same as applicable to a Judge of High Court as per the Administrative Tribunals (Amendment) Act, 2006. Appeals against Orders: The orders of Central Administrative Tribunal are challenged by way of Writ Petition under Article 226/227 of the Constitution before respective High Court in whose territorial jurisdiction the Bench of the Tribunal is situated.
263. Covax Facility
Context A day after Punjab Cabinet decided to join COVAX to procure covid vaccine at cheaper prices, the government said it was exploring options on how to tie up with the facility.
Concept COVAX is one of three pillars of the Access to COVID-19 Tools (ACT) Accelerator, which was launched in April 2020 by the World Health Organization (WHO), the European Commission and France in response to the Covid-19 pandemic. The ACT Accelerator is a framework for collaboration to accelerate the development, production, and equitable access to Covid-19 tests, treatments, and vaccines. It is built on three main pillars: Vaccines (COVAX), Therapeutics, and Diagnostics. COVAX is an effort to ensure that people in all corners of the world will get access toCovid-19 vaccines once they are available, regardless of their wealth. The initial aim is to have 2 billion doses available by the end of 2021, which should be enough to protect high risk and vulnerable people, as well as frontline healthcare workers. It is co-led by Gavi, the Coalition for Epidemic Preparedness Innovations (CEPI)and the World Health Organisation (WHO), working in partnership with developed and developing country vaccine manufacturers.
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The COVAX facility continually monitors the Covid-19 vaccine landscape to identify the most suitable vaccine candidates, based on scientific merit and scalability, and works with manufacturers to incentivise them to expand their production capacity in advance of vaccines receiving regulatory approval. Gavi COVAX Advance Market Commitment (AMC), a mechanism within the COVAX facility, is to ensure that the 92 middle- and lower-income countries that cannot fully afford to pay for Covid-19 vaccines themselves get equal access toCovid-19 vaccines as higher-income self-financing countries and at the same time. India is a Gavi beneficiary and will, therefore, receive a certain proportion of the vaccines from the COVAX facility
264. INSACOG
Context Virologist Shahid Jameel Quits India’s Genome Sequencing Consortium.
Concept The central government set up a consortium of 10 national research institutions, which will collaborate for carrying out effective surveillance and monitoring of the genomic variations observed in the new SARS nCov-2 virus strain, recently identified from the United Kingdom. Indian SARS CoV2 Genome Sequencing Consortium (INSACOG), it will be a platform for scientists, virologists, experts studying diseases and government officials to interact and track the genomic variations of the novel coronavirus. INSACOG will have a high level Inter-Ministerial Steering Committee. It will have a Scientific Advisory Group for scientific and technical guidance. It will monitor the genomic variations in the SARS-CoV-2 on a regular basis through a multi-laboratory network. This vital research consortium will also assist in developing potential vaccines in the future. The consortium will also establish sentinel surveillance for early detection of genomic variants with public health implication, and determine the
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genomic variants in the unusual events/trends (super-spreader events, high mortality/morbidity trend areas etc.).
265. Bharat Net implementation through Public Private Partnership (PPP) Model
Context Recently, the Union Cabinet has accorded the approval for revised implementation strategy of BharatNet through Public Private Partnership mode.
Concept : The BharatNet programme will now extend upto all inhabited villages beyond Gram Panchayats (GPs) in the 16 states of the country. The revised strategy also includes creation, upgradation, operation, maintenance and utilization of BharatNet by the concessionaire who will be selected by a competitive international bidding process. The estimated maximum viability gap funding approved for the above PPP model is Rs. 19,041 crores. The States covered under the approval are Kerala, Karnataka, Rajasthan, Himachal Pradesh, Punjab, Haryana, Uttar Pradesh, Madhya Pradesh, West Bengal, Assam, Meghalaya, Manipur, Mizoram, Tripura, Nagaland and Arunachal Pradesh.
Significance of PPP Model for BharatNet It will leverage Private Sector efficiency for operation, maintenance, utilization and revenue generation. It is expected to result in faster roll out of BharatNet. The selected concessionaire (Private Sector Partner) is expected to provide reliable, high speed broadband services as per pre-defined Services Level Agreement (SLA). The extension of reach of BharatNet to all inhabited villages with reliable, quality, high speed broadband will enable better access of e-services offered by various Central and State Government agencies. It will also enable online education, telemedicine, skill development, e- commerce and other applications of broadband.
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It is expected that revenue will be generated from different sources including proliferation of broadband connections to individuals & institutions, sale of dark fibre, Fiberization of mobile towers, e-commerce etc. The proliferation of broadband in rural areas will bridge the rural-urban divide of digital access and accelerate the achievement of Digital India. The penetration and proliferation of broadband is also expected to increase direct and indirect employment and income generation.
BharatNet Project It is a project of national importance to establish a highly scalable network infrastructure accessible on a non-discriminatory basis. It aims to provide on demand, affordable broadband connectivity of 2 Mbps to 20 Mbps for all households and on demand capacity to all institutions. It is being funded by Universal service Obligation Fund (USOF). It is a Centre-State collaborative project, with the States contributing free Rights of Way for establishing the Optical Fibre Network. The Bharat Broadband Network Limited (BBNL) is a special purpose vehicle for management, establishment, and operation of BharatNet.
266. Enforcing Contracts Portal
Context Recently, the Ministry of Law and Justice has launched the “Enforcing Contracts Portal”.
Concept : The Doing Business Report of World Bank Group benchmarks business regulations across 191 economies of the world. The Ease of Doing Business (EoDB) index is a ranking system which is an indication of an economy’s position relative to that of other economies across 11 areas of business regulation. The “Enforcing Contracts” indicator measures time and cost to resolve a standardized commercial dispute as well as a series of good practices in the judiciary.
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About Enforcing Contracts Portal It aims to promote ease of doing business and improve ‘Contract Enforcement Regime’ in India. It is envisioned to be a comprehensive source of information pertaining to the legislative and policy reforms being undertaken on the “Enforcing Contracts” parameters. Its objective is to provide easy access to latest information on commercial cases in Dedicated Commercial Courts of Delhi, Mumbai, Bengaluru and Kolkata. It aims to provide access to repository of commercial laws for ready reference.
267. Unified District Information System for Education Plus (UDISE+)
Context: Recently, the Union Education Minister has released the Report on Unified Information System for Education Plus (UDISE+) 2019-20 for School Education in India.
Concept: What is UDISE+? It is Unified Information System for Education Plus for School Education. It has been developed by Department of School Education and Literacy (DoSEL) and introduced with reference year 2018-19. It is hosted in the server of the National Informatics Centre (NIC) in order to eliminate the problems related to coordination, supervision, monitoring and security. It is one of the largest Management Information Systems on School Education initiated in in 2012-13 integrating DISE for elementary and secondary education. It is a much improved version compared to the offline U-DISE application such as: A centralized module has been developed for generating UDISE codes for all States/UTs; Real time checking and rectification/ revision of school details;
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Data Capture of UDISE+ DCF through various User Friendly Application User Interfaces from School/CRC/Block level with School Data Certification; Data certification from all level of users, starting from the principal/ teacher-incharge of the school, followed by concerned State/UT officers; and Data Visualization Dashboard to visually present various key performance indicators (KPI) and metrics of School Education.
268. Organ transplantation
Context: The Covid-19 pandemic has dealt a body blow to organ transplantation and aggravated the existing gap between patients awaiting transplants and organ availability
Concept: Organ donation means giving part of the body (organ) to a person with end stage organ disease who needs a transplant. The organs that can be donated for transplantation include kidney, liver, heart, lungs, and small bowel and tissues such as corneas, heart valves, skin and bone. Tissue means a group of cells performing a particular function in the human body such as bone, skin, cornea of the eye, heart valve, blood vessels, nerves and tendon etc.
Legal Framework: Organ Transplantation and Donation is permitted by law, and covered under the “Transplantation of Human Organs Act 1994”, which has allowed organ donation by live & Brain-stem Dead donors. In 2011, amendment of the Act also brought in donation of human tissues, thereby calling the Amended Act “Transplantation of Human Organs & Tissues Act 2011”. The Government of India has also started a National Organ and Transplant Program (NOTP), under which patients below the poverty line are supported for the cost of transplant as well as cost of immunosuppression after transplant for one year. Concerns
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The main source of organ availability was from victims of road accidents. But with the Covid lockdown road traffic has dropped and that has meant fewer accidents and non-availability of organs for transplanting. Patients are unwilling to accept organs from other donors due to concerns about possible Covid infection. Government data says annually around 1.8 lakh persons suffer from renal failure but only 6,000 renal transplants are done. About 2 lakh die of liver failure or liver cancer – 10-15 per cent of them could be saved with a timely liver transplant. Similarly, about 50,000 persons suffer from heart failures but only about 10 to 15 heart transplants are performed every year
269. Open Network for Digital Commerce (ONDC) Project
Context: Recently, the Department for Promotion of Industry and Internal Trade (DPIIT) had issued orders on appointing an advisory committee for Open Network for Digital Commerce (ONDC) project.
Concept:
Open Network for Digital Commerce (ONDC) Project It is project of Department for Promotion of Industry and Internal Trade (DPIIT). Its primary objective is to curb digital monopolies. Under the project, the onboarding of sellers, vendor discovery, price discovery and product cataloguing could be made open source on the lines of Unified Payments Interface (UPI). It is expected to digitise the entire value chain, standardise operations, promote inclusion of suppliers, derive efficiency in logistics and enhance value for consumers. The task of implementing DPIIT’s ONDC project has been assigned to the Quality Council of India (QCI). It aims at promoting open networks developed on open-sourced methodology, using open specifications and open network protocols, independent on any specific platform. Digital Monopolies
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It refers to a scenario wherein e-commerce giants or Big Tech companies tend to dominate and flout competition law pertaining to monopoly. The giants have built their own proprietary platforms for operations. India moved to shake up digital monopolies in the country’s $ 1+ trillion retail market by making public a draft of a code of conduct i.e. Draft Ecommerce Policy.
270. Nominate inspiring individuals for Padma awards: Narendra Modi
Context : Prime Minister Narendra Modi on Sunday urged people to nominate their choice of persons, who are doing exceptional work at the grassroots, for Padma awards
Concept The Padma Awards are announced annually on the eve of Republic Day (26th January). Instituted in the year 1954, it is one of the highest civilian honours of India. The Award seeks to recognize achievements in all fields of activities or disciplines where an element of public service is involved. The Awards are given in three categories: Padma Vibhushan (for exceptional and distinguished service), Padma Bhushan (distinguished service of higher-order) and Padma Shri (distinguished service). The Awards are given in various disciplines/ fields of activities, viz.- art, social work, public affairs, science and engineering, trade and industry, medicine, literature and education, sports, civil service, etc. The Awards are conferred on the recommendations made by the Padma Awards Committee, which is constituted by the Prime Minister every year. The awards are presented by the President of India usually in the month of March/April every year. The award does not amount to a title and cannot be used as a suffix or prefix to the awardees’ name. The total number of awards to be given in a year (excluding posthumous awards and to NRI/foreigners/OCIs) should not be more than 120.
Bharat Ratna
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The Bharat Ratna (Jewel of India) is the highest civilian award of India. Instituted in 1954, the award is conferred “in recognition of exceptional service/performance of the highest order”, without distinction of race, occupation, position, or sex. The recommendations for the Bharat Ratna are made by the Prime Minister himself to the President, with a maximum of three nominees being awarded per year. No formal recommendations for this are necessary Recipients receive a Sanad (certificate) signed by the President and a peepal-leaf– shaped medallion; there is no monetary grant associated with the award. Bharat Ratna recipients rank 7th in the Indian order of precedence.
271. U.P.’s new population policy keeps all sections in mind: Adityanath
Context Uttar Pradesh Chief Minister Yogi Adityanath launched the State’s population policy for 2021-2030.
Concept The new policy aims at decreasing the total fertility rate from 2.7 to 2.1 by 2026 and 1.7 by 2030, increase modern contraceptive prevalence rate from 31.7% to 45% by 2026 and 52% by 2030, increase male methods of contraception use from 10.8% to 15.1% by 2026 and 16.4% by 2030, decrease maternal mortality rate from 197 to 150 to 98, and infant mortality rate from 43 to 32 to 22, and under 5 infant mortality rate from 47 to 35 to 25. Targeting stabilisation, the draft of the policy also said the State would attempt to maintain a balance of population among the various communities. The policy comes at a time when the Uttar Pradesh State Law Commission has prepared the proposed draft Bill under which a two-child norm would be implemented and promoted. A person who will have more than two children after the law comes into force would be debarred from several benefits such as government- sponsored welfare schemes and from contesting elections to the local authority or any body of the local self government.
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According to the draft, ration card units would be limited to four members of a family.
272. Kongu Nadu
Context There is a debate in Tamil Nadu over an alleged attempt to bifurcate the state, after some BJP handles were seen supporting the idea of ‘Kongu Nadu’.
Concept Kongu Nadu’ is neither a place with a PIN code nor a name given formally to any region. It is a commonly used name for part of western Tamil Nadu. In Tamil literature, it was referred to as one of the five regions of ancient Tamil Nadu. There were mentions of ‘Kongu Nadu’ in Sangam literature as a separate territory. It refer to a region that includes the districts of Nilgiris, Coimbatore, Tirupur, Erode, Karur, Namakkal and Salem, as well as Oddanchatram and Vedasandur in Dindgul district, and Pappireddipatti in Dharmapuri district The debate, therefore, lacks any political or social context
273. Startup India Showcase Platform
Context 104 startups from different sectors have currently on boarded on the Startup India Showcase Platform.
Concept Startup India Showcase is an online discovery platform for the most promising startups of the country. These innovations span across various cutting-edge sectors such as Fintech, Entreprise Tech, Social Impact, Health Tech, EdTech, among others. Ecosystem stakeholders have evaluated, nurtured, and supported these startups. These startups are solving critical problems and have shown exceptional innovation in their respective sectors.
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Context Puri became the first city in India where people can avail high quality drinking water directly from the tap on 24-hour basis.
Concept Puri has enabled the people of the city to collect quality drinking water directly from the tap. Henceforth, people need not have to store or filter drinking water.
About ‘Drink from Tap Mission’ The project is being undertaken with financial support from UNICEF, which will hopefully help in achieving state government’s target. As providing safe drinking water to every household in the state is one of top priorities of Odisha government, the project will be launched on a pilot basis for about 1.2 lakh people involving 22,000 families in pockets of Puri and Khurda district of Odisha. The pilot project will also be implemented in five areas of Bhubaneswar and two areas of Puri and will be completed by March 2020. It will be extended to other parts of the state in next phases. The women self-help groups (SHGs) will also be engaged and trained for the implementation of programme.
275. Clinical Establishments (Registration and Regulation) Act 2010
Context The Supreme Court on Tuesday issued notice on a plea which said the Covid- 19 spread has “exposed the lacunae in Indian healthcare system” and sought “proper implementation of Clinical Establishments (Registration and Regulation) Act, 2010”.
Concept Article 47 of the Constitution lays down a responsibility upon the State for aiming at improvement in public health and shall consider this responsibility as among its primary duties in particular, the State shall endeavour to bring about prohibition of the consumption except for 311 | P a g e OPTIMIZE IAS
medicinal purposes of intoxicating drinks and of drugs which are injurious to health. The health is a state subject, Article 252(1) of the Constitution permits Parliament to make law on subjects over which it has no power to make laws, “if it appears to the Legislatures of two or more States to be desirable” that there should be a Central law. Clinical Establishments (Registration and Regulation) Act, 2010 This Act was enacted after Arunachal Pradesh, Himachal Pradesh, Mizoram and Sikkim agreed to have a central legislation. Other states and UTs could opt to adopt it. At present, the Act is applicable in 11 states and six UTs, while 18 states/UTs have their own independent legislation. The Act makes it mandatory for registration of all clinical establishments, including diagnostic centres and single-doctor clinics across all recognized systems of medicine both in the public and private sector except those run by the defence forces. The registering authority facilitates policy formulation, resource allocation and determines standards of treatment. It can impose fines for non- compliance of the provision of the Act. The Act lays down Standard Treatment Guidelines for common disease conditions, for which a core committee of experts has been formed. The Act makes all clinical establishments to provide medical care and treatment necessary to stabilize any individual who comes or is brought to the clinical establishment in an emergency medical condition, particularly women who come for deliveries and accident cases. The Act defines “Clinical Establishment” and bring under the ambit of clinical establishment all hospitals, maternity home, nursing home, dispensary, clinic, etc or an institution by whatever name called that offers services, facilities requiring diagnosis, treatment or care for illness, injury, etc or a place establishment as an independent entity pr part of an establishment in connection with the diagnosis or treatment of certain diseases. It also includes a clinical establishment which is owned, controlled and managed by government or a department of the Government, a trust, a corporation registered under a Central, Provincial or State Act, a local authority and a single doctor.
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The National Council for Clinical Establishment The Act lays down establishment for the a Council Body called The National Council for Clinical Establishment which is responsible primarily for setting up standards for ensuring proper healthcare by the clinical establishment and develop the minimum standards and their periodic review.
Patient’s charter Union Ministry of Health and Family Welfare (MoHFW), issued a letter to all state governments outlining a smaller set of rights and some additional responsibilities for patients. Some key patients’ rights enunciated in the NHRC charter were dropped in this communication. Nevertheless, this set of do’s and don’ts must be publicized and implemented by all state governments. The Act and the Rules provide for registration and regulation of clinical establishments and for matters connected therewith or incidental thereto, namely, to prescribe minimum standards of facilities and services, to ensure affordable and quality healthcare. The Patient Rights’ Charter (notified by the NHRC) affirms and adopts a rights-based health care regime for the patients. This Charter of Patient’s Rights is adopted from National Human Rights
Commission and international patient charters. There is an expectation that this document will act as a guidance document for all empanelled hospitals to formulate concrete mechanisms so that Patient rights are given adequate protection. The Patients’ Rights charter is created to try to reach 3 major goals: Assures that the health care system is fair and it works to meet patients’ needs To create strong relationship between patients and their health care providers. Gives patients a way to address any grievance they may have. Patients are informed about the disease, possible outcomes and are involved in the decision making. Another objective of this Charter is to generate widespread public awareness and educate AB PM-JAY beneficiaries regarding what they
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should expect from health care providers and what kind of treatment they deserve as patients, in health care settings Rights Covered Right to access medical care Right to information Right to records and reports Right to confidentiality, human dignity and privacy Right to second opinion, Patient has the right to a seek a second opinion on medical condition form a doctor or hospital of his/her choice Right to safety and quality care according to standards Right to proper referral and transfer & continuity of care Right to informed consent, Every patient has a right that informed consent must be sought prior to invasive investigation/surgery (e.g. invasive investigation / surgery / chemotherapy Right to redress Patient, has the right to give feedback, make comments, or lodge complaints about the health care they are receiving or had received from a doctor or hospital and all complaints must be given a registration number and there should be a robust tracking and tracing mechanism to ascertain the status of the complaint resolution.
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