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1. National Commission
for Scheduled Tribes
The National Commission for Scheduled Tribes
had an origin similar to the NCSC. It was
constituted as a separate Commission in 2004
following the amendment of Article 107 and
insertion of Article 338A by the Constitution
(Eighty-ninth Amendment) Act, 2003. Before
that, as mentioned above, monitoring of
constitutional safeguards provided to Scheduled
Castes and Scheduled Tribes was done by a
common body.
The composition, term, functions, powers and
procedure for presentation of Reports in case of
the National Commission for Scheduled Tribes
(NCST) are similar to that of the NCSC. The
constitutional and legal safeguards provided
to Scheduled Tribes are also similar to those
provided for SCs.
The NCST functions through six units which
look after administration, coordination, socio-
economic and educational development, service
safeguards and atrocities related matters. The
NCST has six regional offices which provide it
with a regional perspective.
Functions of the Commission
1. To investigate & Monitor matters relating
to Safeguards provided for STs under the
Constitution or under other laws or under
Govt. Order, to evaluate the working of such
Safeguards.
2. To inquire into specific complaints relating to
Rights & Safeguards of STs;
3. To participate and advise in the Planning
Process relating to Socio-economic
development of STs, and to evaluate the
progress of their development under the
Union and any State;
4. To submit report to the President
annually and at such other times as the
Commission may deem fit, upon/ working of
Safeguards, Measures required for effective
implementation of Programmers/ Schemes
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relating to Welfare and Socio-economic
development of STs;
5. To discharge such other functions in relation
to STs as the President may, subject to the
provisions of any law made by Parliament, by
rule specify;
6. The Commission would also discharge
the following other functions in relation to
the protection, welfare and development
& advancement of the Scheduled Tribes,
namely:-
Measures that need to be taken over conferring
ownership rights in respect of minor forest
produce to the Scheduled Tribes living in forest
areas.
$ Measures to be taken to safeguard rights
to the Tribal Communities over mineral
resources, water resources etc. as per law.
$ Measures to be taken for the development
of tribals and to work for move viable
livelihood strategies.
$ Measures to be taken to improve the
efficacy of relief and rehabilitation
measures for tribal groups displaced by
development projects.
$ Measures to be taken to prevent alienation
of tribal people from land and to effectively
rehabilitate such people in whose case
alienation has already taken place.
$ Measures to be taken to elicit maximum
cooperation and involvement of Tribal
Communities for protecting forests and
undertaking social afforestation.
$ Measures to be taken to ensure full
implementation of the Provisions of
Panchayats (Extension to the Scheduled
Areas) Act, 1996 (40 of 1996).
$ Measures to be taken to reduce and
ultimately eliminate the practice of
shifting cultivation by Tribals that lead to
their continuous disempowerment and
degradation of land and the environment
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Socio-economic Development any person and examine on oath

of Scheduled Tribes 2. Discovery & production of any

documents
For the Socio-economic and overall
development of the Tribal people, special 3. Requisition any public record or copy
provisions and safeguards have been provided thereof from any court or office
in the Constitution of India and some initiative Codes:
have also been taken by the Government of
(a) 1 and 2
India, including Tribal Sub Plan (TSP) strategy.
The Tribal Sub Plan (TSP) strategy was aimed for (b) 2 and 3
the rapid socio-economic development of tribal (c) 1 and 3
people. The funds provided under the Tribal
Sub Plan of the State have to be at least equal (d) All
in proportion to the ST population of each State Ans: D
or UTs. Similarly Central Ministries/Departments
are also required to earmark funds out of their Exp: For Investigation and Inquiry, the
budget for the Tribal Sub-Plan. As per guidelines Commission is vested with powers of a
issued by the Planning Commission, the Tribal civil court having authority to:
Sub Plan funds are to be non-divertible and $ Summon and enforce attendance of
non-lapsable. The National Commission for any person and examine on oath;
Scheduled Tribes is vested with the duty to
participate and advise in the planning process $ Discovery & production of any
of socio-economic development of STs, and documents;
to evaluate the progress of their development $ Receive evidence on affidavits;
under the Union and any State.
$ Requisition any public record or copy
thereof from any court or office;
Practice Question: $ Issue Commissions for examination of
(Q1.) As a civil court, which of the following witnesses and documents; and
powers are available to the NCST? $ Any matter which President, by rule,
1. Summon and enforce attendance of may determine.

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2. National Commission for
Minorities
It is a forum for appeal, set up to safeguard
the rights and interests of India’s minority.
Government has appointed Syed Ghayorul Hasan
Rizvi as the Chairman of National Commission
for Minorities (NCM). Apart from him 5 other
members were appointed to NCM.
Type of body
Unlike the National Commission for SCs
and for STs, it is not a constitutional body. It
was set up by an Act of Parliament in 1992.
The Constitution (One Hundred and Third
Amendment) Bill, 2004, proposed to establish
a new Commission, with constitutional status.
But due to debate over who is a ‘minority’,
the Bill lapsed.
What is the composition of the
commission?
The Commission shall consist of a Chairperson,
a Vice Chairperson and five Members to be
nominated by the Central Government.
All members shall be from amongst the
minority communities.
What are its functions?
The NCM Act lists 9 functions of the
Commission:
? to evaluate the progress of the
development of minorities under the
Union and states;
? to monitor the working of safeguards
provided in the Constitution and in union
and state laws;
? to make recommendations for effective
implementation of safeguards for the
protection of minority interests;
? to look into, and take up, specific
complaints regarding deprivation of rights
and safeguards of minorities;
? to get problems of discrimination against
minorities studied, and recommend ways
to remove them;
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? to conduct studies, research, analysis
on socioeconomic and educational
development of minorities;
? to suggest appropriate measures in
respect of any minority to be undertaken
by central or state governments;
? to make periodic or special reports to
the Centre on any matter concerning
minorities; especially their difficulties;
? to take up any other matter which may be
referred to it by the central government.
What are its powers?
The Commission has the following powers:
? Summoning and enforcing the attendance
of any person from any part of India and
examining him on oath.
? Requiring the discovery and production of
any document.
? Receiving evidence on affidavit.
? Requisitioning any public record or copy
thereof from any court or office.
? Issuing commissions for the examination
of witnesses and documents.
Is it a powerful body?
Constitutional bodies have greater autonomy,
they can take up and inquire into many matters
suo motu, and have powers of a civil court. Thus
NCM lacks these powers.
Why is NCM still relevant? While the NCM’s
recommendations are often ignored, the Centre
is required to present its reports, along with an
action taken report, to Parliament.
In cases involving states, the NCM is obliged to
advise or act in some way.
Also in the current atmosphere of insecurity
among many sections of the minority population,
NCM provides a platform for articulation of their
grievances.
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3. Office of Profit
Office of Profit
The concept of office of profit has evolved in
England to preserve the independence of the
legislature by keeping the members away from
any temptations from the executive that can
come in the way of independent discharge of
their duties. It also seeks to enforce the principle
of separation of power between the legislative,
the judiciary and the executive - a basic feature
of the Constitution. Office of profit under Indian
Constitution The term office of profit has not
been defined in the Constitution. But, articles
102 (1) and 191 (1) - which give effect to the
concept of office of profit -- prescribe restrictions
at the central and state level on lawmakers
accepting government positions. Any violation
attracts disqualification of MPs or MLAs, as the
case may be. According to Article 102 (1) (a),
a person shall be disqualified as a member of
Parliament for holding any office of profit under
the government of India or the government
of any state, “other than an office declared by
Parliament by law not to disqualify its holder”.
Article 191 (1) (a) has a similar provision for the
members of state assemblies. However, articles
102 and 191 clarify that “a person shall not be
deemed to hold an office of profit under the
government of India or the government of
any state by reason only that he is a minister”.
Further, the last part of the two provisions
protects a lawmaker holding a government
position if the office has been made immune to
disqualification by law.
Principles of declaring Office of Profit Four
broad principles have evolved for determining
whether an office attracts the constitutional
disqualification.
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? First, whether the government exercises
control over appointment, removal and
performance of the functions of the
office.
? Second, whether the office has any
remuneration attached to it.
? Third, whether the body in which the office
is held has government powers (releasing
money, allotment of land, granting
licences etc.).
? Fourth, whether the office enables the
holder to influence by way of patronage.
Office of profit under NCT Act, 1991
? Section 15(1)(a) of the government of
national capital territory of Delhi act, 1991,
says “a person shall be disqualified for
being chosen as, and for being, a member
of the legislative assembly if he holds any
office of profit” under the government of
India, a state or a union territory” other
than an office protected by law.
? Like articles 102 (1) and 191(1), Section
15(2) of the NCT act also protects ministers
at the Centre, in states or union territories
from disqualification. Section 15(3) of the
NCT act says in case of a dispute over
disqualification of an MLA, the matter
would be referred to the President, whose
decision would be final.
? But, before deciding on a petition seeking
disqualification, the President, says the
NCT act, has to get the opinion of the
election commission which is binding on
him.
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4. One Rank One Pension
One Rank One Pension means payment of
uniform pension to military personnel retiring
in same rank with same length of service,
irrespective of date of retirement. Further any
hike in pension rates to be automatically passed
on to past pensioners. The difference in the
pension of present and past pensioners in the
same rank occurs on account of the number of
increments earned by the defence personnel in
that rank. In 1973 the government following the
Third Central Pay Commission in an “ex-parte”
decision terminated OROP and the issue is still
under focus. Reasons for demand: a) In the
government services the age of retirement is 59-
60 years and even after that government officer
gets good pension whereas in case of military
services the retirement age is generally between
37-39 years and rest of his life the person has
to live on pension or end in becoming home
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guards or small farmers (if have land in village)
or landless labours. b) During service they work
with full honour and zeal but after retirement
the things vanishes. c) They leave their families
behind and work in dangerous and hostile
regions, with no guarantee to life. Work
conditions are tough and so is the pressure but
in turn they get meager salary and pension. d)
Successive pay commissions have widened gap
between veterans who have retired earlier and
those who retire later. Proposed benefits: a) It will
help in boosting the confidence and morale of
serving Army persons. b) Ex-servicemen drawing
pensions will benefit from the OROP scheme,
especially those who retired before 2006. c) The
scheme will benefit all three services -- air force,
navy and army.
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5. Gender Budgeting
? Gender Budgeting is a powerful tool for
achieving gender mainstreaming so as
to ensure that benefits of development
reach women as much as men. It is a
tool for gender empowerment. (Gender
empowerment includes opening up access
to decision-making processes that make
women to perceive themselves as able
and entitled to occupy decision-making
space). Gender Budgeting was introduced
by the government in 2005-06 in order
to ensure that policy commitments are
backed by financial outlays and that the
gender perspective is incorporated in all
stages of a policy or a programme. The
purpose of GB is to ensure the translation
of Government’s policy commitments on
gender equity into budgetary allocations.
The Gender Budgetary allocations of the
Union Government are reflected in two
parts. The first part- Part A includes Schemes
with 100% allocation for women while Part
B of the Statement includes Schemes/
Programmes with 30% to 99% allocation
for women. A gender-sensitive budget
aims at examining budgetary resource
allocations through a gender lens. It is not
a separate budget for women; rather it is
a dissection of the government budget to
establish its gender-specific impact and
to translate gender commitments into
budgetary commitments. It also examines
the gendered incidence of budgetary
policies for effective targeting of public
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spending, and offsetting any undesirable
gender-specific consequences of previous
budgetary measures. There are a range
of different actors who can be involved
in Gender Budgeting. They have different
roles and carryout different activities.
Some of them are:
? Ministry of Finance (both at the Centre
&State)
? Ministry of Women & Child Development/
Social Welfare Department
? Comptroller and Auditor General of India
/Local Audit Departments
? Sectoral ministries like Health, Education,
Labour, Agriculture, Power, Roadways,
Urban Development, etc.
? Researchers, Economists and Statisticians
? Civil Society Organizations and Budget
Groups
? Parliamentarians, Budget Committees of
both Houses, and other representatives
of the people at district and sub-district
levels.
? Media
? Development Partners/Donors etc.
But many misleading and patriarchal
assumptions limit the scope of Gender
Budgeting. Sectors such as Water Supply,
Sanitation, and Food & Public Distribution
still remain outside the purview of the
Gender Budgeting Statement.
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6. Lodha Committee
Recommendations
The cricket is the only sport of India which
has its place in hearts all people of India.
But the Board of Control for Cricket in India
(BCCI) which administers the game in the
nation, however, continues to be mired in one
controversy after another as large political
interference, corruption, match fixing or betting,
etc. Especially after advent of IPL, match fixing
and corruption has become a more common
notion in the cricket of India. This is the reason
why Supreme Court interfere in this matter and
appoint Lodha committee to give final verdict for
IPL scandal and recommendations for reforms
in BCCI. The Justice RM Lodha Committee made
several groundbreaking recommendations to
the Supreme Court. These include almost a
complete restructuring of the BCCI, creation of a
separate body to govern IPL, a ban on ministers
or government servants holding posts in the
BCCI, and more. The recommendations are:
? Lodha panel wants BCCI to come under
RTI Act.
? Lodha panel recommends legalisation of
betting.
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? Lodha panel proposes one person one
post. Also no proxy voting of individuals
? No BCCI office-bearer can have more than
two consecutive terms.
? No BCCI office-bearer can be Minister or
government servant, recommends Lodha
panel.
? In no case President will hold post for
more than 2 years.
? Lodha panel recommends a steering
committee headed by former Home Secy
G K Pillai with Mohinder Amarnath, Diana
Eduljee and Anil Kumble.
? Panel recommends separate governing
bodies for the IPL and BCCI.
? Lodha Committee recommends relegation
of Railways, Services and Universities as
Associate members. They also lose voting
rights.
? Punishment and reforms were the main
tasks for the Lodha committee.
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7. Introduction of NOTA in
Elections
? The Supreme Court in Writ Petition directed
to provide a NOTA option on the EVM and
ballot papers so that the electors who do not
want to vote for any of the candidates can
exercise their option in secrecy.
? The Supreme Court held that the provisions of
Rule 49-O under which an elector not wishing
to vote for any candidate had to inform the
Presiding Officer about his decision, are
ultra vires Article 19 of the Constitution and
Section 128 of the Representation of the
People Act, 1951.
? Rule 49-O was a rule in the Conduct of
Elections Rules, 1961 of India, which governs
elections in the country. It described the
procedure to be followed when a valid voter
decides not to cast his vote, and decides to
record this fact.
? 49-O states that if an elector, after his
electoral roll number has been duly entered
in the register of voters in Form 17A and
has put his signature or thumb impression
thereon as required under sub-rule (1) of rule
49L, decided not to record his vote, a remark
to this effect shall be made against the said
entry in Form 17A by the presiding officer
and the signature or thumb impression of
the elector shall be obtained against such
remark.
? Positive features in NOTA:
$ Voter’s participation is an essence of
democracy. Introducing a NOTA button
can increase the public participation in an
electoral process.
$ NOTA option gives the voter the right to
express his disapproval with the kind of
candidates that are being put up by the
political parties.
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$ For democracy to survive, it is essential
that the best available men should be
chosen as people’s representatives for
proper governance of the country. Thus
in a vibrant democracy, the voter must
be given an opportunity to choose ‘None
of the Above’ (NOTA) button, which will
indeed compel the political parties to
nominate a sound candidate. This situation
palpably tells us the dire need of negative
voting.
? Negative features in NOTA:
$ As per the provisions of clause (a) of Rule
64 of Conduct of Elections Rules, 1961,
read with Section 65 of the Representation
of the People Act, 1951, the candidate
who has polled the largest number of
valid votes is to be declared elected by
the Returning Officer. NOTA do not mean
rejection. That may sound self-defeating
to the whole point of NOTA but according
to Indian democracy the rule of first past
the post is declared the winner. Thus, if
out of total 10,000 votes, 9999 voters elect
NOTA option and just one candidate gets
even a single vote, then the latter wins
from that constituency.
? NOTA can only work only when it is paired
with Right To Recall option where voters can
recall candidates they have elected. This will
instill fear in candidates to do well in office
and also lead to giving NOTA importance
because it acts as a pre-cursor to public
displeasure. Currently, Right To Recall does
not exist in the electoral process in the
country, which only weakens NOTA.
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7. Delimitation Commission
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. In India, such Delimitation
Commissions have been constituted 4 times -
in 1952 under the Delimitation Commission Act,
1952, in 1963 under Delimitation Commission
Act, 1962, in 1973 under Delimitation Act, 1972
and in 2002 under Delimitation Act, 2002. Under
Article 82 of the Constitution, the Parliament
by law enacts a Delimitation Act after every
census. After coming into force commencement
of the Act, the Central Government constitutes
a Delimitation Commission. This Delimitation
Commission demarcates the boundaries of the
Parliamentary Constituencies as per provisions
of the Delimitation Act. The present delimitation
of constituencies has been done on the basis
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of 2001 census figures under the provisions of
Delimitation Act, 2002. Notwithstanding the
above, the Constitution of India was specifically
amended in 2002 not to have delimitation of
constituencies till the first census after 2026.
Thus, the present Constituencies carved out
on the basis of 2001 census shall continue to
be in operation till the first census after 2026.
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. These orders come into force on a date
to be specified by the President of India in this
behalf. The copies of its orders are laid before
the House of the People and the State Legislative
Assembly concerned, but no modifications are
permissible therein by them.
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8. Progress Panchayat
? The Government has launched Progress
Panchayat, a campaign to reach out to the
minorities, particularly Muslims, to create
awareness in these communities about the
government’s policies and programmes and
remove fears and misconceptions about
the government. The Progress Panchayat
would educate people of the area about the
government’s efforts in social, educational,
health and infrastructure sectors and in
creating job opportunities. The panchayats
would analyse the level of progress reached
by the communities. Schemes of the Minority
Affairs Ministry
? “Seekho aur Kamao” - Under ‘Seekho Aur
Kamao’ (Learn & Earn) schemes, about 2200
people had been provided training from 2014.
? “Nai Manzil” - Nai Manzil aims to engage
constructively with poor Minority youth and
help them obtain sustainable and gainful
employment opportunities that can facilitate
them to be integrated with mainstream
economic activities.
? “Nai Raushni” - Under ‘Nai Raushni’ scheme,
3300 people had been provided job-oriented
training.
? “Ustaad” - Initiative to preserve, protect and
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promote ancient art, culture of the Minority
communities
? “Nai Udaan” - The Nai Udaan- Scheme
for Support for Minority Students is for the
support to the minority community students/
candidates clearing Prelims conducted by
Union Public Service Commission, Staff
Selection Commission, State Public Service
Commissions etc. It expects proactive
measures for those communities that
lag behind and become increasingly
marginalized. It encourages the students/
candidates by earmarking of targets on Self-
employment and Wage employment and
Recruitment to State and Central Services.
It provides pre-examination coaching for
competitive examinations in government
and private institutions for candidates from
minority communities.
? “Pradhanmantri Jan Vikas Karykram”-
(MsDP) - has been providing basic amenities
such as school, hospitals, roads and other
infrastructure in Minority concentrated
areas.
? Employment oriented schemes are our
priority. “Employment to every hand” is our
commitment.
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9. Bill on Mob Violence
All India Majlis-e-Ittehadul Muslimeen (AIMIM)
chief and Lok Sabha MP Asaduddin Owaisi sent
notice of a private members’ Bill to combat
incidents of mob lynchings.
Provisions of the Bill
? The Bill enjoin penalties of a minimum of ten
years imprisonment on public servants for
“acts of omission”.
? The Bill criminalizes the act of mob violence as
well as acts of omission by public servants.
? Provisions such as the establishment of
Special Courts for the trial of mob violence,
with judges for the same being appointed by
a collegium of the five senior-most judges of
the High Court are in the Bill.
? The Special Courts shall also have the additional
responsibility of receiving complaints of
mob violence, and has the responsibility of
setting up Special Investigation Teams (SIT)
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and appointing a public prosecutor. The SIT
and public prosecutor, besides reporting to
the Special Court, shall also be under the
supervision of the Supreme Court (via the
appointment of an amicus curiae).
? Punishment of up to life imprisonment
for those found guilty of engaging in mob
violence, and special compensation and
witness protection are also included in the
Bill.
? The most significant portion of the Bill is,
however, the awarding of penalties on public
servants for failing to investigate properly
due to malafide intentions or wilful neglect
of their duties.
Mob violence has been defined to include “any
act where two or more persons injure, harm,
oppress, and threaten any person’s enjoyment
of a right guaranteed under the Constitution of
India or on the basis of their identity.”
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10. Commercial Courts
The efficiency of the legal system and the pace
at which disputes are resolved by courts are
very important factors in deciding the growth of
investment and the overall economic and social
development of a country. The inefficiency of our
justice delivery system is well known and well
documented. Thus the government has set up
Commercial Court system to improve the justice
delivery mechanism. The types of disputes which
can be covered under it covers commercial
disputes arising from ordinary transactions of
merchants, bankers, financiers and traders such
as those relating to mercantile documents,
export and import of merchandise or service,
admiralty and maritime law, transactions relating
to aircraft, etc., carriage of goods, construction
and infrastructure contracts including tenders,
agreements relating to immovable property
used exclusively in trade and commerce,
infringement of Intellectual Property Rights,
exploitation of natural resources, insurance,
etc. The definition also includes disputes arising
out of agreements of franchising, distribution,
licensing, management, consultancy, JV,
partnership, shareholders, subscription,
investment, etc. The Act provides for a separate
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set of Commercial Courts to be set up by State
Governments at the District level to try suits and
claims pertaining to commercial disputes of a
value of at least Rs.1 crore and above. In states
where the High Court exercises original civil
jurisdiction, the High Courts are expected to set
up Commercial Divisions to try such commercial
disputes. The Act also requires the High Courts
to set up Commercial Appellate Divisions within
each High Court to hear appeals from the
orders of Commercial Courts and Commercial
Divisions (“Courts”) and endeavor to dispose of
them within 6 months of their filing date. The
Act also amends the Code of Civil Procedure,
1908 (“CPC”) as will be applicable to the Courts,
which shall prevail over the existing High Courts
Rules and other provisions of the CPC, so as to
improve the efficiency and expeditious disposal
of commercial cases. The establishment of
commercial courts in India is a stepping stone
to bring about reform in the civil justice system.
India’s first Commercial Court and Commercial
Disputes Resolution Centre was inaugurated at
Raipur, Chhattisgarh.
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11. Reservation for Women
in Forces
It is well accepted that a society or a nation can
progress rapidly in an equitable manner if and
only if women are provided equal opportunities
to participate in social, political and economic
activities. The police is the first line of interface
between citizens and the Governmental law
enforcement machinery. It has been observed
that many women do not approach the police, as
they may have to confide or report the incident
to a male police officer. This is particularly so in
respect of sex related crimes. A skewed police
force with adequate gender representation
is a major practical barrier in effective
implementation of legislation intended for the
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protection of women. The Union Cabinet gave
its approval for making reservation of 33 percent
for women, horizontally and in each category
(SC/ST/OBC and others) in direct recruitment
in non-gazetted posts from Constables to
sub-inspector in the police forces of all Union
Territories, including Delhi Police. This decision
will help in augmenting the representation of
the women in the police forces of all UTs and
Delhi Police so as to make the police more
gender sensitive. It will also instill confidence
among women to enable them to approach the
police without hesitation for seeking protection
and assistance as and when required.
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12. Uniform Civil Code
? Uniform Civil Code generally refers to that
part of law which deals with family affairs of
an individual and denotes uniform law for all
citizens, irrespective of his/her religion, caste
or tribe.
? A Uniform Civil Code administers the same
set of secular civil laws to govern different
people belonging to different religions and
regions. This supersedes the right of citizens
to be governed under different personal
laws based on their religion or ethnicity.
The common areas covered by a civil code
include:
$ Personal Status
$ Rights related to acquisition and
administration of property
$ Marriage, divorce and adoption
? Uniform Civil Code will in the long run ensure
Equality. Also, UCC will help to promote
Gender equality.
? The need for a uniform civil code is
inscribed in Article 44 (Article 35 in the draft
constitution). This article is included in Part IV
of the Constitution dealing with the directive
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principles of state policy. The legal nature of
the Directive Principles is such that it cannot
be enforced by any court and therefore these
are non judicial rights. The Constitution
further calls upon the State to apply these
principles in making laws as these principles
are fundamental in the governance of the
country.
? Article 44, which deals with the Uniform
Civil Code states: “The State shall endeavor
to secure for the citizens, a uniform civil
code throughout the territory of India”.
The objective of this article is to effect
an integration of India by bringing all
communities into a common platform which
is at present governed by personal laws which
do not form the essence of any religion.
? In India, Goa is the only state to have
implemented the directive principle on the
Uniform Civil Code and converted it into a law
called the Goa Civil Code or the Goa Family
Law. It is the set of civil laws that governs all
the Goans irrespective of the religion or the
ethnicity to which they belong.
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13. Lokpal and Lokayukta
The “Lokpal” is the central governing body that
has jurisdiction over all members of parliament
and central government employees in case of
corruption. Whereas, the “Lokayukta” is similar
to the Lokpal, but functions on a state level.
Scope of the ‘Lokpal’ is based on a national
government level basis and the scope of the
‘Lokayukta’ relied on a state level. The main
function is to address complaints of corruption,
to make inquiries, investigations, and to conduct
trials for the case on respective state and central
government with having responsibility to help in
curbing the corruption in the central and state
government.
? Salient features of the Act
$ The Lokpal to consist of a Chairperson and
a maximum of eight Members, of which
fifty percent shall be judicial Members.
Fifty per cent of members of Lokpal shall
be from amongst SC, ST, OBCs, Minorities
and Women.
$ The selection of Chairperson and Members
of Lokpal shall be through a Selection
Committee consisting of
(a) Prime Minister;
(b) Speaker of Lok Sabha;
(c) Leader of Opposition in the Lok
Sabha;
(d) Chief Justice of India or a sitting
Supreme Court Judge nominated by
CJI;
(e) An eminent jurist to be nominated by
the President of India
$ A Search Committee will assist the
Selection Committee in the process of
selection.
Fifty per cent of members of the Search
Committee shall also be from amongst
SC, ST, OBCs, Minorities and Women.
$ Lokpal’s jurisdiction will cover all categories
of public servants including Group ‘A’,
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‘B’, ‘C’ & ‘D’ officers and employees of
Government.
® On complaints referred to CVC by
Lokpal, CVC will send its report of
Preliminary enquiry in respect of Group
‘A’ and ‘B’ officers back to Lokpal for
further decision.
® With respect to Group ‘C’ and ‘D’
employees, CVC will proceed further
in exercise of its own powers under
the CVC Act subject to reporting and
review by Lokpal.
$ All entities receiving donations from
foreign source in the context of the Foreign
Contribution Regulation Act (FCRA) in
excess of Rs. 10 lakhs per year are brought
under the jurisdiction of Lokpal.
$ Lokpal will have power of superintendence
and direction over any investigation
agency including CBI for cases referred to
them by Lokpal.
$ A high powered Committee chaired by the
Prime Minister will recommend selection
of the Director, CBI.
$ Attachment and confiscation of property of
public servants acquired by corrupt means,
even while prosecution is pending.
? Enquiry procedure
The Lokpal’s inquiry wing is required to
inquire into complaints within 60 days of
their reference.
$ On considering an inquiry report the
Lokpal shall- (i) order an investigation;
(ii) initiate departmental proceedings; or
(iii) close the case and proceed against
the complainant for making a false and
frivolous complaint.
$ The investigation shall be completed
within 6 months.
$ The Lokpal may initiate prosecution
through its Prosecution Wing before the
Special Court set up to adjudicate cases.
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$ The trial shall be completed within a
maximum of two years. The recent
amendment has amended Section 44.
Now the every public servantshall make
declaration of their assets and liabilities
in the form and manner as prescribed by
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government. It has abolished the previous
30 days timeline. b) Gives extension of the
time given to public servants and trustees
and board members of Non-Governmental
Organisations (NGOs) to declare their
assets and those of their spouses.
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14. National AYUSH Mission
India possess an unmatched heritage
represented by its ancient systems of medicine
like ASU&H which are a treasure house of
knowledge for preventive and promotive
healthcare. The positive features of the Indian
systems of medicine namely their diversity and
flexibility; accessibility; affordability, a broad
acceptance by a large section of the general
public; comparatively lesser cost and growing
economic value, have great potential to make
them providers of healthcare that the large
sections of our people need. The government of
India has launched the National AYUSH Mission
(NAM). The proposed Mission will address the
gaps in health services through supporting the
efforts of State/UT Governments for providing
AYUSH health services/education in the country,
particularly in vulnerable and far-flung areas.
Under NAM special focus will be given for
specific needs of such areas and for allocation
of higher resources in their Annual Plans.
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The objective of the mission is to:
? To provide cost effective AYUSH Services,
with a universal access through upgrading
AYUSH Hospitals and Dispensaries, co-
location of AYUSH facilities at Primary Health
Centres (PHCs), Community Health Centres
(CHCs) and District Hospitals (DHs).
? To strengthen institutional capacity at
the state level through upgrading AYUSH
educational institutions, State Govt. ASU&H
Pharmacies, Drug Testing Laboratories and
ASU & H enforcement mechanism.
? Support cultivation of medicinal plants by
adopting Good Agricultural Practices (GAPs)
so as to provide sustained supply of quality
rawmaterials and support certification
mechanism for quality standards, Good
Agricultural/Collection/Storage Practices
? Support setting up of clusters through
convergence of cultivation, warehousing, value
addition and marketing and development of
infrastructure for entrepreneurs.
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15. Ganga Gram Yojana
? Ganga is the Indian national river and it is
also the longest river flowing in India. It
originates from Himalayas from the state of
Uttarakhand and has a stretch of 2525 km.
It ends its journey at the Bay of Bengal. The
villages and cities located along river Ganga
depend on it for their day to day livelihood.
But according to international surveys, Ganga
is the one of the most polluted rivers of the
world. A large number of villages, town and
cities situated along the banks of Ganga
dump their daily wastes in it. All household
sewerages, industrial waste drains, etc. are
linked to this river Ganga, thus polluting the
holy river. There is a huge difference between
the quality and color of water at the time it
reaches the Bay of Bengal, from the time it
gets originated. Hence, as a major initiative
towards fast track implementation of
Namami Gange Programme, Union Minister
of Water Resources, River Development and
Ganga Rejuvenation has launched Ganga
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Gram Yojana at Village Puth in Hapur district
of U.P.
? Salient features of Ganga Gram
Yojana:
$ 1600 villages situated along the banks of
river Ganga will be developed under this
scheme.
$ In these villages open drains falling into
river Ganga will be diverted and alternative
arrangements for sewage treatment will
be made.
$ The villages will have toilets in every
household. d) These villages will be
developed under the Sichewal model.
Sichewal is situated in Punjab, where
cooperation of the villagers has been
solicited for the water management and
waste disposal in a meticulous way.
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16. Concept of Good Samaritans
? Introduction:
$ Good Samaritans is a person who
gratuitously gives help or sympathy to
those in distress.
$ According to the Law Commission of India,
50% of those killed in road accidents could
have been saved had timely assistance
been rendered to them.
$ Hence the Supreme Court had directed, all
the states to follow the centre’s guidelines
issued by Ministry of Road Transport and
Highways ( MoRTH) on helping accident
victims for protection of ‘Good Samaritans’
that encouraged witnesses in road
accidents to report the police and also
help survivors with medical treatment.
? Guidelines lay down for the ‘Good
Samaritans’:
$ The Good Samaritans will be treated
respectfully and without any discrimination
on the ground of the gender, religion,
nationality and cast.
$ Any individual, except an eyewitness, who
calls the police to inform of an accidental
injury or death, need not reveal his or
her personal details such as, full name,
address, or the phone number.
$ The police will not compel the Good
Samaritans to disclose his/her name
identity, address and other such details in
the police record form or log register and
in procuring information or anything else.
$ The police will allow the Good Samaritans
to leave after having provided the
information available to him or her, and
no further questions will be asked of him
or her if he or she does not desire to be a
witness.
? Guidelines if Good Samaritans agree
to become witness:
$ He/she will be examine with almost care
and respect.
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$ The examination will conducted at a time
place of the Good Samaritans convenience
and the investigation officer will be dressed
in the plain clothes.
$ If the Good Samaritans required by the
investigation officer to visit the police
station, the reason for the requirement
shall be covered by the officer in writing.
$ In a police station a Good Samaritans will
be examined in a single examination in a
reasonable time-bound manner, without
causing any undue delay.
$ If a Good Samaritans declared himself to
be an eyewitness, she/he will allow giving
her/his evidence in the form of affidavit.
$ The Higher Rank holder of police that is,
Superintendent or Deputy Commissioner
of police is responsible to enquire in this
procedure.
$ Video conferencing may be used
extensively during examination of Good
Samaritans in order to prevent harassment
and inconvenience to Good Samaritans.
$ All registered public and private hospitals
are not to detain Good Samaritans or
demand payment for registration and
admission cost unless he/she is the family
member or the relative of the injured.
$ All hospitals shall publish a charter in
Hindi, English and the vernacular of the
state or the Union Territory.
$ A letter containing these guidelines
shall be issued by the central and state
government to all hospitals and institute
under their jurisdiction, shall publish
advertisement in all national and one
regional newspaper including electronic
media and the print media for spreading
awareness amongst society and resulted
in to give encouragement to more Good
Samaritans.
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17. National Court of Appeal
The National Court Appeal with regional
benches in Chennai, Mumbai and Kolkata is
meant to act as final court of justice in dealing
with appeals from the decisions of the High
Courts and tribunals within their region in civil,
criminal, labour and revenue matters. In such
a scenario, a much-relieved Supreme Court
of India situated in Delhi would only hear
matters of constitutional law and public law. A
National Court of Appeal is being advocated as
an intermediate forum between the Supreme
Court and the various high courts of India. The
Supreme Court is saddled with civil and criminal
appeals that arise out of everyday and even
mundane disputes. As a result of entertaining
these appeals, the Supreme Court’s real mandate
- that of a Constitutional Court, the ultimate
arbiter on disputes concerning any interpretation
of the Constitution - is not fulfilled. By taking
up the Supreme Court’s appeals jurisdiction,
the NCA will give the former more time for its
primal functions. A National Court of Appeal will
help clear the backlog of cases and maintain the
Supreme Court’s position as the apex court of
the land. The NCA would relieve the Supreme
Court of the weight of hearing regular civil
and criminal appeals, allowing the court to
concentrate on determining only fundamental
questions of constitutional importance.
Additionally, it has been argued that the NCA’s
regional benches would allow greater access to
litigants from remote parts of the country, for
whom the distance to New Delhi acts as a grave
barrier to justice. A court of appeal can work as
an excellent mechanism to sieve cases. If there
are areas of law that are particularly unsettled
and need clarification, the court of appeal can
club them together and send these forward to
the Supreme Court. Not only can a number of
individual cases be disposed of but areas of law
can also be settled and a clear precedent set.
The Supreme Court itself, as early as in 1986,
had recommended establishment of an NCA
with regional Benches at Chennai, Mumbai and
Kolkata to ease the burden of the Supreme
Court and avoid hardship to litigants who have
to come all the way to Delhi to fight their cases.
But subsequent Chief Justices of India were not
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|| TRENDING TOPICS || POLITY
inclined to the idea of bifurcation of judicial
powers, and that of forming regional benches
of the apex court. A government order in 2014
too rejected the proposal that such a court of
appeal is constitutionally impermissible. The
outlook changed in February 2016 when the
Supreme Court admitted Chennai lawyer V.
Vasanthakumar’s petition for setting up an
NCA. The Centre rejected Mr. Vasanthakumar’s
proposal for a National Court of Appeal with
regional Benches. The Ministry cited three
grounds for rejecting the idea - The Supreme
Court always sits in Delhi as per the Constitution;
the Chief Justices of India in the past have
“consistently opposed” the idea of an NCA or
regional benches to the Supreme Court; and the
Attorney-General said an NCA would “completely
change the constitution of the Supreme Court”.
The Supreme Court in March 2016 decided to
form a Constitution Bench to debate the idea
of an NCA. A Bench led by Chief Justice of India
T.S. Thakur said that it was time to debate if the
Supreme Court was too burdened to provide
equal justice to all. A verdict in favour of NCA
would act as a great influence on Parliament
to amend the Constitution itself to make room
for NCA. Ireland has enacted the law for NCA in
2013 after six years’ debate. The government,
however, holds that the idea is a “fruitless
endeavour” and will not lessen the burden of
2 Crore cases pending in trial courts. On April
26, 2016, Attorney-General told the bench, “We
will only be adding to lawyers’ pockets. The
Supreme Court should not consider this when
its own dockets are full.” Legal experts feel that
setting up of regional benches will dilute the
constitutional superiority of the Supreme Court.
Dilution of the Supreme Court and its aura as an
apex court may not be in line with the concept of
the Supreme Court envisioned by the architects
of the Constitution. Ideally, there is only one
Supreme Court. The issue of proximity is relevant
only up to high courts and can’t be extended
to the Supreme Court. There are enough high
court benches to address that issue. Then you
need to have a super Supreme Court to settle
the difference of opinions between different
benches.
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18. Aajeevika Grameen Express
Yojna
The government of India has launched Aajeevika
Grameen Express Yojana (AGEY), to provide
an alternative source of livelihood to members
of Self Help Groups (SHGs).
This scheme has been launched under Deendayal
Antyodaya Yojana - National Rural Livelihoods
Mission (DAY-NRLM).
The main objective of AGEY is to provide an
alternative source of livelihood to members of
SHGs under DAY-NRLM by facilitating them to
operate public transport services in backward
rural areas.
This will provide safe, affordable and community-
monitored rural transport services like
e-rickshaws, three and four wheeler motorised
transport vehicles to connect remote villages
with key services and amenities including access
to markets, education and health for the overall
economic development of the area.
The sub-scheme will be implemented in 250
blocks in the country on a pilot basis for a period
of three years from 2017-18 to 2019-20.
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About Deendayal Antyodaya Yojana
? The Mission aims at creating efficient and
effective institutional platforms of the rural
poor enabling them to increase household
income through sustainable livelihood
enhancements and improved access to
financial services.
? The financial support under the programme
is mainly in the form of Revolving Fund and
Community Investment Funds, given as
grants to the Self Help Groups (SHGs) and
their federations.
? The programme has a special focus on
women empowerment including a dedicated
component for promoting farm and non-
farm based livelihoods for women farmers in
rural areas. In addition, start-up enterprises at
village levels are also supported to promote
entrepreneurial activities in those areas.
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19. Special Category Status
The concept of a special category state was
first introduced in 1969 when the 5th Finance
Commission sought to provide certain
disadvantaged states with preferential treatment
in the form of central assistance and tax breaks.
Initially three states Assam, Nagaland and
Jammu & Kashmir were granted special status
but since then eight more have been included
(Arunachal Pradesh, Himachal Pradesh, Manipur,
Meghalaya, Mizoram, Sikkim, Tripura and
Uttarakhand). The rationale for special status is
that certain states, because of inherent features,
have a low resource base and cannot mobilize
resources for development.
The criteria for granting special status are as
follows:
? Some of the features required for
special status are:
$ hilly and difficult terrain;
$ low population density or sizeable share
of tribal population;
$ strategic location along borders with
neighbouring countries;
$ economic and infrastructural
backwardness; and
$ non-viable nature of state finances.
The decision to grant special category status
lies with the National Development Council,
composed of the Prime Minster, Union Ministers,
Chief Ministers and members of the Planning
Commission, who guide and review the work of
the Planning Commission. The special category
states have some distinct characteristics. They
have international boundaries, hilly terrains
and have distinctly different socio-economic
developmental parameters. These states have
also geographical disadvantages in their
effort for infrastructural development. Public
expenditure plays a significant role in the Gross
State Domestic Product of the states. The
states in the North-East are also late starters in
development. In view of the above problems,
central government sanctions 90 percent in the
form of grants in plan assistance to the states in
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special category. The most important prescription
for special category states is interest free loan
with rationalization of public expenditure based
on growth enhancing sectoral allocation of
resources.
Advantages of getting special category
status
? Preferential treatment in federal assistance
and tax break
? Significant excise duty concessions. Thus,
these states attract large number of industrial
units to establish manufacturing facilities
within their territory leading to their economy
flourishing
? The special category states do not have a hard
budget constraint as the central transfer is high
? These states avail themselves of the
benefit of debt swapping and debt relief
schemes (through the enactment of Fiscal
Responsibility and Budget Management Act)
which facilitate reduction of average annual
rate of interest.
? Significant 30% of the Centre’s gross budget
goes to the Special category state
? In centrally sponsored schemes and external
aid special category states get it in the ratio
of 90% grants and 10% loans.
For the rest of the states as per the
recommendations of the 12th Finance
Commission, in case of centrally sponsored
schemes only 70% central funding is there
in the form of grant. The rest of the states
receive external aid in the exact ratio (of
grants and loans) in which it is received by
the Center.
Raghuram Committee recommendations
? Raghuram Committee proposed changes
in providing special status. The proposed
methodology allocates funds across states
based on need thus underdevelopment index
has been constructed. The underdevelopment
index the Committee proposes includes the
following ten sub-components:
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$ monthly per capita consumption The Committee recommends that “least

expenditure,
$ education,
$ health,
$ household amenities,
$ poverty rate,
$ female literacy,
$ percent of SC-ST
urbanization rate,
$ financial inclusion, and
$ connectivity
developed” states, as identified by the index, be
eligible for other forms of central support that
the Central Government may deem necessary to
enhance the process of development. Following
the constitution of the NITI Aayog (after the
dissolution of the Planning Commission) and
the recommendations of the Fourteenth Finance
Commission (FFC), Central plan assistance to
population, (viii) SCS States has been subsumed in an increased
devolution of the divisible pool to all States
(from 32% in the 13th FC recommendations
to 42%) and do not any longer appear in plan
expenditure.

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SECC-2011 is the study of socio economic
status of rural and urban households. The
Ministry of Rural Development Government
of India, commenced the Socio Economic and
Caste Census (SECC) 2011, in June 2011 through
a comprehensive door to door enumeration
across the country. SECC 2011 has three
census components which were conducted
by three separate authorities but under the
overall coordination of Department of Rural
Development in the Government of India.
Census in Rural Area has been conducted by
the Department of Rural Development (DoRD).
Census in Urban areas is under the administrative
jurisdiction of the Ministry of Housing and Urban
Poverty Alleviation (MoHUPA). Caste Census is
under the administrative control of Ministry of
Home Affairs: Registrar General of India (RGI)
and Census Commissioner of India.
The SECC, 2011 has the following three
objective:
? To enable households to be ranked based
on their socioeconomic status. State
Governments can then prepare a list of
families living below the poverty line.
? To make available authentic information
that will enable caste-wise population
enumeration of the country.
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20. SECC 2011
? To make available authentic information
regarding the socioeconomic condition,
and education status of various castes and
sections of the population.
The highlights of the Census are:
? In 75 per cent of 17.9 crore households in rural
India, the monthly income of the highest-
earning member is less than Rs.5,000
? Nearly 40 per cent are landless and work as
manual casual labourers
? 25 per cent of the rural households still do
not own a phone
? 25 per cent rural households have no access
to irrigation
? Only 8.29 per cent of rural households have
a member earning over Rs.10,000 per month
? 10.69 crore rural families, or 60 per cent,
qualify for “deprivation”
? of these over 100 million deprived households,
21.5 per cent belong to scheduled castes or
tribes.
? This census takes caste into account for the
first time in any such exercise since 1931.
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21. Contempt of Court
Contempt of court refers to any actions which
defy a court’s authority, cast disrespect on a
court, or impede the ability of the court to
perform its function. It is divided as:
1. Civil Contempt Under Section 2 (b)
of the Contempt of Courts Act of 1971,
civil contempt has been defined as wilful
disobedience to any judgment, decree,
direction, order, writ or other process of
a court or wilful breach of an undertaking
given to a court.
2. Criminal Contempt Under Section 2(c)
of the Contempt of Courts Act of 1971,
criminal contempt has been defined
as the publication (whether by words,
spoken or written, or by signs, or by visible
representation, 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
$ Interferes or tends to interfere with,
or obstructs or tends to obstruct, the
administration of justice in any other
manner.
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? Punishment
Article 129 and 215 of the Constitution of
India empowers the Supreme Court and
High Court respectively to punish people for
their respective contempt. Section 10 of The
Contempt of Courts Act of 1971 defines the
power of the High Court to punish contempts
of its subordinate courts. Power to punish
for contempt of court under Articles 129 and
215 is not subject to Article 19(1)(a). Under
Section 12 of Contempt of Court Act, 1971,
a contempt of court can be punished with
simple imprisonment for a term which may
extend to six months, or with fine which may
extend to two thousand rupees, or with both.
However, in civil cases if the court considers
that a fine will not meet the ends of justice and
that a sentence of imprisonment is necessary
shall, instead of sentencing him to simple
imprisonment, direct that the he be detained
in a civil prison for such period not exceeding
six months as it may think fit. The court is not
supposed to impose a sentence for contempt
of court in excess of what is prescribed under
this section either in respect of itself or of a
court subordinate to it. An accused may be
discharged or the punishment awarded may
be remitted on apology being made by the
accused to the satisfaction of the court. An
apology is not supposed to be rejected merely
on the ground that it is qualified or conditional
if the accused makes it bona fide.
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22. Motion of Thanks
Motion of Thanks is a motion in Indian Parliament
which follows the address of the President of
India to the joint sitting of Lok Sabha and Rajya
Sabha at the commencement of first session of
a new Lok Sabha and first session of every year.
Procedure:
? President’s address is the speech delivered
by the President of India to both Houses
of Parliament assembled together at the
commencement of the first session after
Amendment to Motion of Thanks
each general election to Lok Sabha and at
the commencement of the first session of
each year (this is usually the budget session).
This speech is a statement of the government
policy and is approved by the cabinet.
? The president highlights legislative and policy
activities of the government, achievements
of the previous year and broad agenda of the
upcoming year.
? This address is followed by a Motion of
Thanks, which is moved in each house by an
MP of the ruling party.
? The deliberations on this motion last for
three to four days. The deliberations allow
the opposition to critically discuss the
government’s vision, scope and policies.
? At the end of these discussions, the Prime
Minister gives replies to the points or
questions raised.
? After the reply of the PM is over, the Members
of Parliament vote on this motion of thanks.
This motion must be passed in both of the
houses. A failure to get motion of thanks
passed (which may happen rarely) amounts
to defeat of government and leads to collapse
of government.
? This is why, the Motion of Thanks is deemed
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to be a no-confidence motion. However,
before such voting, some members may
also move amendment to the address. Such
amendments may be: for emphasising or
adding issues addressed by the president
for including some issues or highlight
some issues which did not find mention in
the speech there have already been three
instances so far.
For the second year in a row, an Opposition-
sponsored amendment to the Motion of
Thanks on the President’s Address has been
adopted by the Rajya Sabha. Last year, the
‘Motion of Thanks’ was amended on the issue
of black money; this year, the amendment
focussed on legislation passed by Bharatiya
Janata Party governments in Rajasthan and
Haryana limiting the rights of citizens to
contest panchayat elections. Before 2015,
there were just three occasions on which the
President’s Address was amended in the Rajya
Sabha, once each during the tenures of Indira
Gandhi, V.P. Singh and Atal Bihari Vajpayee.
The first instance of such an amendment to
the Motion of Thanks came in 1980 on the
issue of engineering defections. The second
was in 1989, when six amendments including
on the Ram Janmabhoomi-Babri Masjid
dispute and the India-Sri Lanka accord were
approved. The third occasion was in 2001,
when the House adopted an amendment on
the sale of a public sector undertaking, Balco,
to a private company. These were all politically
contentious issues. So was the issue on which
the Opposition parties mobilised themselves
this year, and it raises vital questions for
democracy.
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23. Neeranchal National
Watershed Project
Neeranchal will lead to reducing surface runoff
of rainwater, increasing recharge of ground
water and better availability of water in rainfed
areas resulting in incremental rainfed agriculture
productivity, enhanced milk yield and increased
cropping intensity through better convergence
related programmes in project areas.
The project will be implemented by the Ministry
of Rural Development.
It is a six-year period (2016-21) will support
the Pradhan Mantri Krishi Sinchayi Yojana in
hydrology and water management, agricultural
production systems, capacity building and
monitoring and evaluation.
The Neeranchal project was approved by the
cabinet with Bugdet sharing of 50% by Govt and
rest 50% by the World Bank.
All 28 states which implement the watershed
projects will benefit from Neeranchal.
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12% of the area which can be called as wasteland
will be targeted through this project to make
about 336 lakh hectares of land arable.
Neeranchal is primarily designed to address the
following concerns: a) Bring about institutional
changes in watershed and rainfed agricultural
management practices in India, b) Build systems
that ensure watershed programmes and
rainfed irrigation management practices are
better focussed, and more coordinated, and
have quantifiable results, c) Devise strategies
for the sustainability of improved watershed.
Management practices in programme areas, even
after the withdrawal of project support, d) Through
the watershed plus approach, support improved
equity, livelihoods, and incomes through forward
linkages, on a platform of inclusiveness and local
participation.
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Introduction
The Provision of the Panchayat (Extension to the
Scheduled Areas) Act, 1996 popularly known as
PESA was enacted to bring the Scheduled Areas
in nine States of the country under the purview
of national framework of Panchayat.
Salient feature of the Panchayats (Extension
to the Scheduled Areas) Act, 1996 (PESA)
? Legislation on Panchayats shall be in
conformity with the customary law, social
and religious practices and traditional
management practices of community
resources
? Habitation or a group of habitations or a
hamlet or a group of hamlets comprising
a community and managing its affairs in
accordance with traditions and customs; and
shall have a separate Gram Sabha.
? Every Gram Sabha to safeguard and preserve
the traditions and customs of people, their
cultural identity, community resources and
the customary mode of dispute resolution.
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|| TRENDING TOPICS || POLITY
24. PESA, 1996
? The Gram Sabhas have roles and
responsibilities in approving all development
works in the village, identify beneficiaries,
issue certificates of utilization of funds
? Gram Sabhas or Panchayats at appropriate
level shall also have
? Powers to manage minor water bodies
? Power of mandatory consultation in matters
of land acquisition;
? Powers to control institutions and
functionaries in all social sectors and local
plans.
? Resettlement and rehabilitation and
prospecting licenses/mining leases for minor
minerals
? Power to prevent alienation of land and
restore alienated land
? Regulate and restrict sale/consumption of
liquor
? Manage village markets, control money
lending to STs and
? Ownership of minor forest produce.
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POLITY || TRENDING TOPICS ||
24. What is defamation?
Introduction
? The term “defamation” is an all-
encompassing term that covers any statement
that hurts someone’s reputation. In India,
defamation can both be a civil wrong or a
criminal offence.
? The difference between the two lies in the
objects they seek to achieve. While a civil
wrong tends to provide for a redressal of
wrongs by awarding compensation, a criminal
law seeks to punish a wrongdoer and send a
message to others not to commit such acts.
? In Indian laws, criminal defamation has been
specifically defined as an offence under the
Indian Penal Code (IPC) whereas the civil
defamation is based on tort law - an area of
law which does not rely on statutes to define
wrongs but takes from ever-increasing body
of case laws to define what would constitute
a wrong.
? Moreover, in a criminal case, defamation has
to be established beyond reasonable doubt
but in a civil defamation suit, damages can
be awarded based on probabilities.
? Section 499 of the IPC defines what amounts
to criminal defamation and few subsequent
provisions specify what the punishment for
having committed defamation would be.
? Section 499 states defamation could be
through words - spoken or intended to
be read, through signs, and also through
visible representations. These can either be
published or spoken about a person with
the intention of damaging reputation of that
person, or with the knowledge or reason
to believe that the imputation will harm his
reputation.
? Section 500 stipulates an imprisonment of up
to two years, with or without fine, for someone
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held guilty of criminal defamation. However,
criminal defamation is a compoundable
offence and parties can seek a closure of the
case by reaching a compromise.
Views of the Supreme Court
? The Supreme Court said that the right to
free speech cannot be used to undermine an
individual’s right to dignity and reputation
cannot be sullied solely because another
individual can have his freedom. Protection
of reputation is a fundamental right. It is also
a human right. Cumulatively, it serves the
social interest
? it is not a restriction that has an inevitable
consequence which impairs circulation of
thought and ideas.
? The reputation of a person - a basic element
under Article 21 - could not be allowed to
be crucified at the altar of the other’s right
of free speech. Right to freedom of speech
and expression is not absolute. It is subject to
imposition of reasonable restrictions.
? Reasonable restriction “means that the
limitation imposed on a person in enjoyment
of the right should not be arbitrary or of an
excessive nature beyond what is required in
the interests of the public.” In other words,
the restriction must be narrow and restrict
only what is necessary and should not be
arbitrary or excessive. If the restriction is too
broad, it will have a “chilling effect on speech”
which will make it unconstitutional.
? The Supreme Court has maintained the
constitutional validity of Sections 499 and
500 of the Indian Penal Code, reading the
right to reputation as a part of the right to
life assured to citizens under Article 21 of the
Constitution.
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