www.iastoppers.com 19th Feb 2021 Current Affairs Analysis By IASToppers' Editorial Team | 2021-02-19 17:00:00 Polity & Governance Delimitation Commission holds first meeting The Delimitation Commission for Jammu and Kashmir held its first meeting recently, to seek suggestion/views on the process of delimitation in respect of the union territory. Copyright © 2021 IASToppers. All rights reserved. | Page 1/22 www.iastoppers.com The meeting of the commission was attended by two of the five associated members. Other three associate members skipped the meeting on the ground that the J&K Reorganisation Act, 2019, is currently under judicial scrutiny. Delimitation: Delimitation literally means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body. The job of delimitation is assigned to a high power body. It is the act of redrawing boundaries of Lok Sabha and Assembly seats to represent changes in population. In this process, the number of seats allocated to a state may also change. Objective: To provide equal representation for equal population segments, and a fair division of geographical areas, so that no political party has an advantage. Delimitation Commission of India: The Delimitation Commission for four north-eastern states and Jammu and Kashmir was constituted by the Centre on March 6, 2020. The Commission will delimit the constituencies of Jammu and Kashmir in accordance with the provisions of the Jammu and Kashmir Reorganisation Act, 2019 and those of Assam, Arunachal Pradesh, Manipur and Nagaland in accordance with the provisions of the Delimitation Act, 2002. The commission seeks views and inputs of its "associate members"- a group of Lok Sabha members and MLAs. The Delimitation Commission’s orders cannot be questioned before any court. In India, such Delimitation Commissions have been constituted 4 times: 1952 under the Delimitation Commission Act, 1952 1952 under the Delimitation Commission Act, 1952 1963 under Delimitation Commission Act, 1962 1973 under Delimitation Act, 1972 2002 under Delimitation Act, 2002 Copyright © 2021 IASToppers. All rights reserved. | Page 2/22 www.iastoppers.com Key Fact: The union territory of Jammu and Kashmir came into being on October 31, 2019 after the state was reorganised. [Ref: Hindustan Times] Puducherry L-G orders floor test The newly appointed Lieutenant-Governor of Puducherry directed the Assembly Secretariat to convene the House. Background: The House strength stood altered as a result of disqualification of one member and the resignation of four others. A single agenda of the session is to determine whether or not the Chief Minister enjoys the confidence of the House. What is Floor test? A floor test is primarily taken to know whether the executive enjoys the confidence of the legislature. It is a constitutional mechanism under which a Chief Minister appointed by the Governor can be asked to prove majority on the floor of the Legislative Assembly of the state. As per the Constitution, the Chief Minister is appointed by the Governor of the state. When a single party secures the majority of the seats in the house, the Governor appoints the leader of the party as the Chief Minister. In case the majority is questioned, the leader of the party which claims majority has to move a vote of confidence and prove majority among those present and voting. Copyright © 2021 IASToppers. All rights reserved. | Page 3/22 www.iastoppers.com The Chief Minister has to resign if they fail to prove their majority in the house. This happens both in the parliament and the state legislative assemblies. What is Trust Vote? A confidence motion, or a vote of confidence, or a trust vote, is sought by the government in power on the floor of the House. What is composite floor test? There is another test, Composite Floor Test, which is conducted only when more than one person stakes claim to form the government. When the majority is not clear, the governor might call for a special session to see who has the majority. The majority is counted based on those present and voting. This can also be done through a voice vote where the member can respond orally or through division voting. Some legislators may be absent or choose not to vote. In division vote, voting can be done through electronic gadgets, ballots or slips. The person who has the majority will form the government. In case of tie, the speaker can also cast his vote. [Ref: The Hindu] Delhi can designate human rights courts The Delhi High Court (HC) has ruled that Delhi, as a Union Territory, can designate human rights courts in each district. Highlights of the case and ruling: Last year a notification was issued by the Delhi government specifying human rights courts in each district of Delhi signed by the Lieutenant Governor or L-G. The argument filed against the notification argued that Delhi is a ‘Union Territory’ and not a ‘State’ within the meaning of Constitution and the rule says that a Court of Sessions as a Human Rights Court under The Protection of Human Rights Act, 1993 can only be issued by the Centre. The rule also means that the Lieutenant Governor or L-G is not authorised to issue it as the power is vested with the President of India. What did the Delhi HC say? The bench of Justices said that merely because the enactment is a Central legislation, it does not follow that its implementation can only be undertaken by the Central Government. The court also said for the purposes of Section 30 of the Protection of Human Rights Act, the Copyright © 2021 IASToppers. All rights reserved. | Page 4/22 www.iastoppers.com expression ‘State’ would include the Union Territory. The Court of Human Rights The Protection of Human Rights Act, 1993 provides for establishment Human Rights Courts. The objective of these courts is providing speedy trial of offences arising out of violation of human right. The Act does not define or explain the meaning of "offences arising out of violations of human rights. Section 30 of the Act that the state Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify for each district a Court of Sessions to be a Human Rights Court to try the said offences. Whereas Section 31 of the Act provides the State government to specify and appoint a special public prosecutor in that court. [Ref: Indian Express] Speeding up disposal of cases under IBC The central government plans to take measures that will help accelerate the disposal of cases under the Insolvency and Bankruptcy Code (IBC). The cases have been suspended until March 31 to avert fresh bankruptcy filings against cash- strapped borrowers who defaulted on loans during the Covid-19 pandemic. Key Highlights of the decision The measures will begin after the suspension period ends i.e., on 31st March. In order to provide relief from the pandemic, the government temporarily suspended the initiation of corporate insolvency resolution processes starting on March 25, 2020. Copyright © 2021 IASToppers. All rights reserved. | Page 5/22 www.iastoppers.com It aims to improve the proportion of cases disposed under IBC as well as to reduce their backlog. Only 8% of 2,278 IBC cases filed with the National Company Law Tribunal (NCLT) since April 2020 have been disposed so far. The number of pending cases in NCLT has meanwhile mounted to around 21,250, from 19,844 cases as of July 31, 2020. 12,438 cases are related to the bankruptcy law. The Covid-19 pandemic and ensuing lockdown led to an accumulation of cases on account of a reduction in staff and the number of working days available. Why speedy disposal of cases is required? Delays in disposal of IBC cases are having an adverse impact on efforts by banks and financial institutions to recover non-performing assets (NPAs). The latest Financial Stability Report (FSR) of the Reserve Bank of India (RBI) states the gross NPA ratio of all scheduled commercial banks may increase from 7.5% in September 2020 to 13.5% by September 2021 in a baseline scenario and even up to 14.8% in a severe stress scenario. As per the Insolvency and Bankruptcy Board of India (IBBI) quarterly report, the average time taken for insolvency resolution by an adjudicating authority is 433 days against the statutory mandate of 270 days. He said the delay in resolution of insolvency cases will lead to continued provisioning, which is a strain on the capital of banks that will stifle the ability of lenders to extend further credit to productive sectors. Copyright © 2021 IASToppers. All rights reserved. | Page 6/22 www.iastoppers.com [Ref: Hindustan Times] Government Schemes & Policies PM launches connectivity projects in Assam The Prime Minister of India launched multiple initiatives in Assam recently. The initiatives include the Mahabahu-Brahmaputra inland waterway project and foundation stone of two bridges across the Brahmaputra. Copyright © 2021 IASToppers. All rights reserved. | Page 7/22 www.iastoppers.com Major Highlights: Mahabahu-Brahmaputra initiative is a Rs 3,200 crore initiative to improve water transport connectivity. Three Ro-pax vessel operations were launched between: Neemati Ghat (Jorhat) and Majuli island North Guwahati and South Guwahati Dhubri and Hatsingimari. The foundation stone of Inland Water Transport (IWT) Terminal at Jogighopa was laid. Various tourist jetties on the Brahmaputra were inaugurated aimed to promote river tourism and employment. Dhubri-Phulbari bridge: The foundation stone for a 19-km-long four-lane bridge over the Brahmaputra was laid to be constructed at the cost of Rs 5,000 crore. It will be India’s longest bridge over a river.