Академический Документы
Профессиональный Документы
Культура Документы
Table of Contents
1. ISSUES RELATED TO CONSTITUTION ____ 3 3.8. Article 35A _______________________ 21
1.1. Aadhaar Constitutionally Valid ________ 3 3.9. State Flag ________________________ 22
1.2. Defining Minorities in India __________ 4 4. JUDICIARY _______________________ 23
1.3. Double Jeopardy ___________________ 5 4.1. Supreme Court Collegium ___________ 23
1.4. National Security Act________________ 5 4.2. Chief Justice of India _______________ 23
1.5. Concurrent List ____________________ 6 4.3. Sub-Ordinate Courts _______________ 24
1.6. Office of Profit _____________________ 7 4.4. Separate High Courts for Andhra Pradesh
& Telangana _________________________ 24
1.7. Breach of Privilege _________________ 8
4.5. ADR Mechanisms __________________ 24
1.8. Private Members’ Bills ______________ 9
4.6. Review of the Contempt of Courts Act,
1.9. Governor _________________________ 9
1.9.1. Governor Pardon Power ______________ 9
1971________________________________ 25
1.9.2. Role of Governor in Hung Assembly ____ 10 5. ELECTION ________________________ 26
1.10. National Register of Citizens (NRC) __ 10 5.1. Electronic Voting Machine (EVM) _____ 26
)
om
1.11. Sports Betting in India _____________ 11 5.2. Delimitation Commission ___________ 26
l.c
ai
1.12. Department of Official Language ____ 11
gm
5.3. Electronically Transmitted Postal Ballot
@
2. ISSUES RELATED TO FUNCTIONING OF System (ETPBS) _______________________ 27
ab
hi
PARLIAMENT/STATE LEGISLATURE/LOCAL 5.4. None of the Above (NOTA) __________ 27
ur
.s
GOVERNMENT ______________________ 13
ur
3.4. Inter State Council (ISC) ____________ 18 7.3. Prohibition of Benami Property
Transactions Act ______________________ 33
3.5. Niti Aayog _______________________ 19
7.4. Fugitive Economic Offenders Bill (FEOB),
3.6. Statehood for Delhi ________________ 19 2018________________________________ 33
3.7. Cauvery Water Management Scheme, 7.5. Prevention of Corruption (Amendment)
2018 _______________________________ 20 Act, 2018 ____________________________ 34
1
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
8. IMPORTANT CONSTITUTIONAL/ 10. MISCELLANEOUS _________________ 40
STATUTORY/ EXECUTIVE BODIES IN NEWS 35 10.1. Yuva Sahakar-Cooperative Enterprise
8.1. Union Public Service Commission_____ 35 Support and Innovation Scheme _________ 40
8.2. Central Bureau of Investigation (CBI) __ 35 10.2. India Urban Data Exchange (IUDX) ___ 40
8.3. Competition Commission of India ____ 36 10.3. City Data Initiative ________________ 41
8.4. Central Information Commission _____ 36 10.4. Mission Satyanishtha _____________ 41
8.5. National Commission for Protection of 10.5. Centre for Research and Planning ___ 41
Child Rights __________________________ 36 10.6. Draft Cape Town Convention Bill, 2018 41
8.6. National Commission for Safai 10.7. Pathalgadi Movement _____________ 42
Karmacharis (NCSK) ___________________ 37
10.8. UN Global Media Compact _________ 42
9. IMPORTANT ASPECTS OF GOVERNANCE 38
10.9. ‘Beyond Fake News’ Project ________ 42
9.1. Important Sections of Right to
Information Act in News _______________ 38 10.10. World Government Summit _______ 42
9.2. Central Civil Services (Conduct) Rules, 10.11. E-governance initiatives in news ___ 43
1964 _______________________________ 38 10.12. Reports and Indexes _____________ 44
9.3. Wrongful Prosecution ______________ 38 10.13. Awards ________________________ 45
9.4. Witness Protection Scheme _________ 39
)
om
l.c
ai
gm
@
hi
ab
ur
.s
ur
at
h
(c
a ka
us
h
hi
ab
ur
rS
fo
de
is
al
on
rs
pe
s
ti
en
m
cu
do
is
Th
2
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
1. ISSUES RELATED TO CONSTITUTION
Private companies
1.1. AADHAAR School admissions
CONSTITUTIONALLY VALID NEET, UGC, CBSE
)
om
enrolment surveillance state”.
l.c
o Assigning Aadhaar numbers to individuals o Aadhaar collects minimal biometric data
ai
gm
o Authenticating Aadhaar numbers in the form of iris and fingerprints, and
@
o Specifying the usage of Aadhaar numbers the Unique Identification Authority of
hi
ab
for delivery of subsidies and services India (UIDAI) — which oversees the
ur
.s
Proof of identity, proof of residence and now Aadhaar enrolment exercise — does not
ur
also financial address for its residents. collect purpose, location or details of the
at
h
(c
Parent/Guardian details, Contact details and the UIDAI. This rules out any
d
e
is
The Aadhaar number, the demographic and o Further, as per the regulations,
s
ti
information) is together stored in the Central to store the biometrics captured for
cu
do
Other Subsidies, Benefits and Services) Act, transactions: The rules which made linking of
2017. bank accounts and all other financial
Expenditure for the nationwide Aadhaar instruments with Aadhaar mandatory, is
exercise is incurred from the Consolidated declared unconstitutional.
Fund of India. Aadhaar Act as Money Bill: Section 7 being
the main provision of the Act, the Supreme
Aadhaar: where's it required and where's it not
Welfare schemes (PDS, LPG, MGNREGA etc.)
Court has upheld the validity of the Aadhaar
I-T returns Act being passed as a Money Bill.
Linking to PAN card o Section 7 of the Aadhaar Act, demands
Banks accounts for Aadhaar based authentication to
SIM cards receive a subsidy, benefit or service etc. It
3
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
is very clearly declared in this provision form.
that the expenditure incurred in respect Regulation 27 provided for archiving
of such a subsidy, benefit or service transaction data for five years. Struck
would be from the Consolidated Fund of down
India. To ensure non tracking, the Court
ordered that Authentication logs
On a similar issue, the court has upheld the
should be deleted after six months,
validity of Section 59 that also validates all instead of the five years required.
Aadhaar enrolment done prior to the
enactment of the Aadhaar Act, 2016. The 1.2. DEFINING MINORITIES IN
court has said that since enrolment was
voluntary in nature, those who specifically INDIA
refuse to give consent would be allowed to Why in news?
exit the Aadhaar scheme.
The Supreme Court recently asked the National
Sections Declared Unconstitutional by Supreme Commission for Minorities to take a decision on a
Court plea seeking guidelines for defining the term
‘minority’ and for their identification State-wise.
Section Court’s Observations & Directions
Section Violated the protection against self- More on news
33(1) & incrimination as enshrined under
Section Article 20(3) of the Constitution of The PIL sought minority status for Hindus
33(2) India. in Lakshadweep, Mizoram, Nagaland,
Did not given an opportunity of Meghalaya, J&K, Arunachal Pradesh, Manipur
hearing to the concerned individual and Punjab.
)
It sought the following relief from SC
om
whose information is sought to be
o Declare that Section 2(c) of the National
l.c
released by the UIDAI pursuant to the
ai
Court’s order. This is contrary to the Commission for Minorities (NCM) Act 1992
gm
principles of natural justice. and NCM notification granting minority
@
Section 47 Did not allow an individual citizen, hi
status to 5 religious communities is void
ab
whose rights have been violated
ur
of determination.
us
‘public emergency’.
al
the Aadhaar platform to users who Government –all should be from Minority
pe
private sector operators. The Chairperson and every Member shall hold
en
Gave the Act much wider scope than office for a term of three years from the date he
m
cu
4
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
of rights and safeguards of the minorities and take to determine a religious or linguistic
up such matters with the appropriate authorities; minority should be the state.
cause studies to be undertaken into problems
arising out of any discrimination against minorities 1.3. DOUBLE JEOPARDY
and recommend measures for their removal;
conduct studies, research and analysis on the Why in news?
issues relating to socio-economic and educational
development of minorities; The Supreme Court has held that the bar of
suggest appropriate measures in respect of any double jeopardy does not arise if an accused was
minority to be undertaken by the Central discharged of a criminal offence, even before the
Government or the State Governments; commencement of trial, on the basis of an invalid
make periodical or special reports to the Central sanction for prosecution.
Government on any matter pertaining to minorities
and in particular difficulties confronted by them; Constitutional Provision
and Article 20 grants protection against arbitrary
any other matter which may be referred to it by and excessive punishment to an accused
the Central Government.
person, whether citizen or foreigner or legal
Minorities in India person like a company or a corporation.
Article 20 (2) of the Constitution mandates
The Constitution of India uses the word
that a person cannot be prosecuted or
‘minority’ in various articles viz. Article 29, 30,
punished twice for the same offence. This is
350 A and 350 B.
called No double jeopardy.
o Other constitutional provisions having a
The protection against double jeopardy is
bearing on minority rights are: Articles 46,
available only in proceedings before a court of
51A, 25-28.
)
om
law or a judicial tribunal. In other words, it is
It recognises minorities based on religion and
l.c
not available in proceedings before
ai
language.
gm
departmental or administrative authorities as
But it neither defines the term 'minority' nor
@
they are not of judicial nature.
hi
delineates the criteria for determining a
ab
minority.
ur
Central govt.
ka
Government.
fo
person include:
en
5
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
A detenu may be held for up to three months 1818, Defence of India Act 1915, Rowlatt Acts of
and in certain circumstances six months, 1919
without any review. Post-independence laws-
A three person Advisory Board made up of o Preventive Detention Act (1950-1969)
o Unlawful Activities (Prevention) Act (1967)
high court judges or persons qualified to be
o Maintenance of Internal Security Act (MISA)
high court judges determines the legitimacy (1971- 1978)
of any order made for longer than three o Conservation of Foreign exchange and
months. If approved, a person may be held Prevention of Smuggling Activities
extra-judicially for up to 12 months. The term (COFEPOSA) (1974)
can be extended if the government finds fresh o National Security Act (1980)- amended in
evidence. 1984, 1985 and 1988
The state government needs to be intimated
that a person has been detained under the 1.5. CONCURRENT LIST
NSA.
Why in news?
It extends to the whole of India except the
State of Jammu and Kashmir. The CM of Telangana has pitched for more
Protection against Preventive detention in the autonomy to the states, suggesting that the
constitution concurrent list be done away with.
Article 22 grants protection to persons who are
arrested or detained under a preventive detention Why Concurrent list?
law. The aim of the concurrent list was to ensure
This protection is available to both citizens as well
uniformity across the country where
as aliens and includes the following:
o The detention of a person cannot exceed
independently both centre and state can
)
om
three months unless an advisory board legislate. Thus, a model law with enough
l.c
reports sufficient cause for extended flexibility for states was originally conceived in
ai
gm
detention. The board is to consist of judges of the constitution.
@
a high court. Also, few concurrent list subjects required
hi
o The grounds of detention should be
ab
huge finances needing both centre and state
ur
o The detenu should be afforded an opportunity List (NOTE: useful for eliminating options)
ka
to make a representation against the The residuary powers of taxation should continue
a
us
which a person can be detained for more than making a law on a subject of the Concurrent List.
d
o the maximum period for which a person can interest of the nation, leaving the rest and details
pe
preventive detention law; and The Tamil Nadu government constituted the PV
m
The Parliament has exclusive authority to make a opposition to this new power relation born due to 42nd
is
Th
law of preventive detention for reasons connected amendment act and Centre’s encroachment on
with defence, foreign affairs and the security of subjects that were historically under the state list.
India.
Seventh Schedule (Article 246)
Both the Parliament as well as the state
legislatures can concurrently make a law of The Constitution provides a scheme for
preventive detention for reasons connected with demarcation of powers through three ‘lists’ in the
the security of a state, the maintenance of public seventh schedule.
order and the maintenance of supplies and
services essential to the community. The union list details the subjects on which
Parliament may make laws e.g. defence,
History of Preventive Detention laws in India foreign affairs, railways, banking, among
Pre-independence laws- Bengal Regulation III of others.
6
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
The state list details those under the purview following questions for the test for office of
of state legislatures e.g. Public order, police, Profit:
public health and sanitation; hospitals and o Whether the government makes the
dispensaries, betting and gambling etc. appointment;
The concurrent list has subjects in which both o Whether the government has the right to
Parliament and state legislatures have remove or dismiss the holder;
jurisdiction e.g. Education including technical o Whether the government pays the
education, medical education and universities, remuneration;
population control and family planning, o What are the functions of the holder and
criminal law, prevention of cruelty to animals, does he perform them for the government;
protection of wildlife and animals, forests etc. and
o The provision of concurrent list is a o Does the government exercise any control
feature borrowed from the Australian over the performance of those functions
constitution. Further in Jaya Bacchan v. Union of India case
The Constitution also provides federal SC defined it as “an office which is capable of
supremacy to Parliament on concurrent list yielding a profit or pecuniary gain.” thus it is
items i.e. in case of a conflict; a central law not the actual ‘receipt’ of profit but the
will override a state law. ‘potential’ for profit that is the deciding factor
o But there is an exception. If the state law in an ‘office of profit’ case.
has been reserved for the consideration Provisions of Articles 102 and 191 protect a
of the President and has received his legislator occupying a government position if
assent, then the state law prevails in the the office in question has been made immune
state. But it would still be competent for to disqualification by law.
)
om
the Parliament to override such a law by Parliament has also enacted the Parliament
l.c
subsequently making a law on the same (Prevention of Disqualification) Act, 1959,
ai
gm
matter. which has been amended several times to
@
Since 1950, the Seventh Schedule of the expand the exempted list of office of profit.
hi
ab
Constitution has seen a number of There is no bar on how many offices can be
ur
amendments. The Union List and Concurrent exempted from the purview of the law.
.s
ur
ka
o The 42nd Amendment Act implemented It consists of 15 members drawn from both the
a
us
in 1976, restructured the Seventh houses of Parliament with ten members from
h
Schedule ensuring that State List subjects Lok Sabha and five members from Rajya Sabha.
hi
ab
like education, forest, protection of wild It examines the composition and character of
ur
animals and birds, administration of the Committees appointed by the Central and
rS
fo
justice, and weights and measurements State Governments and recommends what
de
were transferred to the Concurrent List. offices should or should not disqualify a person
is
al
Why in news?
ti
Aadmi Party (AAP) members of the Delhi legislative salary, etc. other than Compensatory
do
7
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
Parliament if: Schedule is decided by the Presiding officer of the
o he holds any office of profit under the Union house (Speaker in case of Lok Sabha and Chairman
or state government (except that of a minister in case of Rajya Sabha).
or any other office exempted by state In 1992, the Supreme Court ruled that the decision
legislature), of Chairman/Speaker in this regard is subject to
o he is of unsound mind and stands so declared judicial review.
by a court,
o he is an undischarged insolvent, 1.7. BREACH OF PRIVILEGE
o he is not a citizen of India or has voluntarily
acquired the citizenship of a foreign state or is Why in news?
under any acknowledgement of allegiance to a
foreign state, and Claiming they had misled Parliament on the
o if he is so disqualified under any law made by Rafale fighter jet deal issue, a breach of
Parliament. privilege motion was moved against Prime
Article 191 (1) provides similar disqualifications for Minister and Defence Minister.
the members of the state legislative assemblies A claim of ‘breach of privilege’ was raised
and councils. against chairman of the Parliamentary
According to Article 192, on the question whether a
Standing Committee on finance, for “lowering
member has become subject to any of the above
disqualifications, the governor’s decision is final.
the dignity and ethics of the Finance
However, he should obtain the opinion of the Committee” by tweeting about the
Election Commission and act accordingly. committee’s deliberations.
The recommendations of ECI are binding on the Concept of privileges and types of privileges
President or Governor regarding the issues related
to article 102 (1) & article 191 (1). The concept of privileges emerged from the
The Parliament has prescribed a number of
)
British House of Commons when a nascent
om
additional disqualifications in the Representation British Parliament started to protect its
l.c
ai
of People Act (1951). These are similar to those for sovereignty from excesses of the monarch.
gm
Parliament. These are mentioned here:
The Constitution (under Art. 105 for
@
o He must not have been found guilty of certain hi
Parliament, its members & committees /Art.
ab
election offences or corrupt practices in the
ur
offence resulting in imprisonment for two or legislative institutions and their members.
h
(c
more years. But, the detention of a person Currently, there is no law that codifies all the
aka
disqualification.
h
interpretations
e
al
nor hold an office of profit in a corporation in Whenever any of these rights and immunities
on
which the government has at least 25 per cent is disregarded, the offence is called a breach
rs
pe
o He must not have been dismissed from Parliament. However, there are no objective
ti
en
8
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
days after the session. Protection available only in legislative agenda. Private member’s bills are
civil cases and not in criminal cases piloted by non-Minister MPs.
Not liable in court for any speech in parliament
Exempted from jury service when the house is in Introduction in the House
session. The admissibility of a private member’s Bill is
decided by the Presiding Officer. The Member
Committee on Privileges
must give at least a month’s notice before the
Standing committee constituted in each house of
the Parliament/state legislature. Bill can be listed for introduction; the House
Consists of 15 members in Lok Sabha (LS) and 10 secretariat examines it for compliance with
members in Rajya Sabha (RS) to be nominated by constitutional provisions and rules on
the Speaker in LS and Chairman in RS. legislation before listing.
Its function is to investigate the cases of breach of Number of private member’s Bills is capped to
privilege and recommend appropriate action to three per session.
the Speaker/Chairperson. While government Bills can be introduced and
discussed on any day, private member’s Bills
Instances of breach of privileges can be introduced and discussed only on
In 1978, Indira Gandhi faced a motion for breach of
Fridays.
privilege on the basis of observations of excesses
The last time a private member’s Bill was
during emergency (Justice Shah Committee
report). Subsequently, she was expelled from the passed by both Houses was in 1970. This was
house. the Supreme Court (Enlargement of Criminal
Expulsion of Subramanyam Swami from Rajya Appellate Jurisdiction) Bill, 1968. Fourteen
Sabha in 1976 on charges of bringing disrepute to private member’s Bills — five of which were
the Parliament. introduced in Rajya Sabha — have become
)
Tamil Nadu assembly punished the journalists of
om
law so far.
The Hindu for criticizing the CM in 2003.
l.c
Committee on Private Members’ Bills and
ai
Karnataka assembly passed a resolution imposing
gm
imprisonment and fines on scribes in 2017. Resolutions: This committee classifies bills and
@
allocates time for the discussion on bills and
hi
Following procedure is followed in privilege cases
ab
resolutions introduced by private members (other
ur
being held guilty of breach of privilege. Sabha does not have any such committee. The
a
us
The Speaker/ Rajya Sabha chairperson is the same function in the Rajya Sabha is performed by
h
hi
first level of scrutiny of a privilege motion. the Business Advisory Committee of that House.
ab
ur
to the legislature.
ti
en
A debate can be initiated on the report in the releasing of seven convicts sentenced to life
m
House and based on the discussion, the imprisonment in the Rajiv Gandhi assassination
cu
do
9
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
commute a death law prescribes for death constitutional machinery) and Section 52
sentence. He is the only sentence, the power to (provides for dissolution of assembly) were
authority to pardon a grant pardon lies with the invoked for dissolving the Assembly.
death sentence. President and not the
Views of Supreme court and other commissions
governor. But the
governor can suspend, Supreme Court Judgements:
remit or commute a death o SR Bommai case:
sentence. discretion of Governor does not apply to
He can grant pardon, He does not possess any hung assembly,
reprieve, respite, such power. laid emphasis on floor test in the house
suspension, remission or within 48 hours (although it can be
commutation in respect extended to 15 days) so that legislature
to punishment or should decide the matter and Governor’s
sentence by a court- discretion should merely be a triggering
martial (military court). point.
o Rameshwar Prasad case (2006)
1.9.2. ROLE OF GOVERNOR IN HUNG A Governor cannot shut out post-poll
alliances altogether as one of the ways in
ASSEMBLY
which a popular government may be
Why in news? formed.
Unsubstantiated claims of horse-trading
The role of governor came under question in or corruption in efforts at government
recent Karnataka legislative assembly formation cannot be cited as reasons to
elections. dissolve the Assembly.
Jammu and Kashmir Governor recently Sarkaria Commission
)
dissolved the State Assembly (which has been
om
The state assembly should not be dissolved unless
in suspended animation) when two political
l.c
the proclamation is approved by the parliament.
ai
parties separately staked claim to form a The party or combination of parties with widest
gm
government. support in the Legislative Assembly should be
@
hi
called upon to form the Government.
ab
Constitutional provisions If there is a pre-poll alliance or coalition, it should
ur
.s
Article 164(1) provides for the appointment of be treated as one political party and if such
ur
the Government.
a
and reading it with collective majority, the Governor should select the CM in the
hi
chief ministerial candidate needs to o The group of parties which had pre-poll
rS
Article 172 says that every Legislative the government with the support of others.
al
merely states that the Governor may, from supporting from outside.
m
cu
time to time, dissolve the Legislative M M Punchhi Commission elaborated that the
do
Th
Article 356 (“President’s rule”): In case of a case of a hung Assembly. Further, it suggested a
failure of constitutional machinery in State the provision of ‘Localized Emergency’ by which the centre
President, on receipt of report from the government can tackle issue at town/district level
Governor of the State or otherwise, may without dissolving the state legislative assembly
assume to himself the functions of the
Government of the State declare that the 1.10. NATIONAL REGISTER OF
powers of the Legislature of the State shall be
exercisable by or under the authority of CITIZENS (NRC)
Parliament Why in news?
With Respect to J&K Constitution: The
powers under Section 92 (failure of Assam is in process to update its National Register
of Citizens (NRC).
10
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
Brief background
1.11. SPORTS BETTING IN INDIA
To tackle the illegal immigration issue just
after the independence, NRC was first Why in news?
prepared after the Census of 1951. The Law Commission of India submitted a report
The Citizenship Act of 1955 was amended to the government, saying that since it is
after the Assam Accord for all Indian-origin impossible to stop illegal gambling, the only viable
people who came from Bangladesh before option left is to “regulate” gambling in sports.
January 1, 1966 to be deemed as citizens. Betting/Gambling in India
Those who came between January 1, 1966 and
According to Entry 40 of union list of the
March 25, 1971 were eligible for citizenship
Seventh Schedule of the Constitution, the
after registering and living in the State for 10
Parliament has the power to legislate on
years while those entering after March 25,
‘Lotteries organized by the Government of
1971, were to be deported. However, nothing
India as well as the Government of any State’.
much happened over the decades.
The power of the State governments to make
In 2014, the Supreme Court asked the state
laws on gambling can be traced to Entry 34 of
government to update the 1951 NRC in a time-
the state list. Thus, the States have exclusive
bound manner. Present exercise is being
power to make laws on this subject including
conducted under the supervision of the
power to prohibit or regulate gambling etc. in
Supreme Court.
their respective territorial jurisdiction.
Assam Accord 1985 The Public Gambling Act, 1867, prohibits any
It is a Memorandum of Settlement (MoS) signed games of chance and probability except
between representatives of the Government of lotteries. The Act prohibits owning, keeping
)
India and the leaders of the Assam Movement.
om
and being found in a common gaming house,
All those foreigners who had entered Assam
l.c
however, the Act excludes "games of skill"
ai
between 1951 and 1961 were to be given full
gm
citizenship, including the right to vote; from its ambit.
@
o Those who had done so after 1971 were to be The Information
ab
hi Technology Act
deported, 2000 prohibits online gambling and the
ur
o Also, the entrants between 1961 and 1971 were punishment for such activities is much more
.s
ur
to be denied voting rights for ten years but serious than for offline gambling operations.
at
Assam, the only state with such a document. 1.12. DEPARTMENT OF OFFICIAL
ur
Why in news?
is
al
The Citizenship (Registration of Citizens and The first review meeting of the Department of
rs
any of the electoral rolls upto the midnight of discuss the issues related to implementation of
m
Th
The process of verification involved house-to- Abu Dhabi has recently included Hindi as the third
house field verification, determination of official language used in courts alongside Arabic
authenticity of documents, family tree and English.
investigations in order to rule out bogus It is aimed at helping Hindi Speakers to learn about
litigation procedures, their right and duties without
claims of parenthood, and linkages and
a language barrier, in addition to facilitating
separate hearings for married women.
registration procedures via unified forms.
What next for Excluded people?
According to official figures, UAE has around 2.6
The people have a graded appeals process in the million Indians constituting 30% of population and
order - NRC Seva Kendras, District magistrates, The is the largest expatriate community in the country.
Foreigners’ Tribunals, The Guwahati High Court,
Other than UAE, Fiji also has Hindi as official
The Supreme Court.
language.
11
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
Constitutional Provisions on Official Language to review the progress
made in the use of Hindi for the official
Part XVII of the Constitution deals with the
purpose of the Union. Accordingly, this
official language in Articles 343 to 351. Its
Committee was set up in 1976. This
provisions are divided into four heads—
Committee comprises of 30 members of
Language of the Union, Regional languages,
Parliament, 20 from Lok Sabha and 10 from
Language of the judiciary and texts of laws
Rajya Sabha.
and Special directives.
o The Chairman of the Committee is elected
Hindi written in Devanagari script is to be the
by the members of the Committee. As a
official language of the Union. But, the form
convention, the Union Home Minister has
of numerals to be used for the official
been elected as Chairman of the
purposes of the Union has to be the
Committee from time to time.
international form of Indian numerals and not
Central Hindi Committee (Kendriya Hindi
the Devanagari form of numerals.
Samiti)
Articles Related to Official Language and Special o It was established in 1967 with an aim to
Directives for Promotion of Languages facilitate and promote the use of Hindi in
central ministries and departments.
Article 343: Official language of the Union
o It is the apex committee to issue
Article 344: Commission and Committee of
Parliament on official language directions w.r.t Policy decisions on Official
language.
Article 350A: Facilities for instruction in
o It is chaired by the Prime Minister. Apart
mother-tongue at primary stage
from PM, it includes 8 Union Ministers
Article 350B: Special Officer for linguistic
(Union Home Minister as Vice Chairman),
minorities
)
om
6 Chief Ministers, 4 members of
Article 351: Directive for development of the
l.c
Parliament and 10 experts of Hindi and
Hindi language
ai
other Indian Languages. Secretary to the
gm
Related Information
@
Department of Official Language is also a
hi
member and acts as the member
ab
The Official Language Act (1963) provided for
ur
12
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
2. ISSUES RELATED TO FUNCTIONING OF
PARLIAMENT/STATE LEGISLATURE/LOCAL
GOVERNMENT
is not adequately represented in the Lok
2.1. RAJYA SABHA Sabha. Originally, this provision was to
operate till 1960 but has been extended till
Why in news? 2020 by the 95th Amendment Act, 2009.
)
om
Highlights of report Sabha itself from amongst its members.
l.c
Whenever the office of the Deputy Chairman
ai
Since June 2014, the Rajya Sabha has held 18
gm
sessions and 329 sittings and passed 154 Bills falls vacant, the Rajya Sabha elects another
@
— which comes to less than one Bill in two member to fill the vacancy.
hi
ab
Sabha;
(c
revising the rules of the Upper House. Sabha. Such a resolution can be moved
fo
o Article 118(1) of the Constitution gives the two only after giving 14 days’ advance notice.
de
Houses of Parliament the power to make rules The Deputy Chairman performs the duties of
is
al
deputy chairman, arrangement of business, absent from the sitting of the House. In both
cu
etc.
In exercise of the powers conferred by Article 80 Chairman.
is
Th
of the Constitution of India, and on the advice of The Deputy Chairman is not subordinate to
the Prime Minister, the President of India the Chairman. He is directly responsible to the
nominated four members to the Rajya Sabha. Rajya Sabha.
o Constitutional Provision: Article 80(1)(a) read Like the Chairman, the Deputy Chairman,
with Article 80(3) of the Constitution of India while presiding over the House, cannot vote
provides that the President can nominate to
in the first instance; he can only exercise a
Rajya Sabha, 12 persons having special
casting vote in the case of a tie. Further, when
knowledge, or practical experience in respect
of literature, science, art and social service. a resolution for the removal of the Deputy
o Lok Sabha Nominations: Under Article 331, the Chairman is under consideration of the House,
President can nominate two members from he cannot preside over a sitting of the House,
the Anglo-Indian community if the community though he may be present.
13
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
When the Chairman presides over the House, out by the Speaker in the House. A minimum
the Deputy Chairman is like any other ordinary of 50 members have to accept the motion and
member of the House. He can speak in the accordingly, the Speaker will announce the
House, participate in its proceedings and vote date for discussion for the motion.
on any question before the House. The allotted date has to be within 10 days
Like the Chairman, the Deputy Chairman is from the day the motion is accepted.
also entitled to a regular salary and allowance. Otherwise, the motion fails and the member
They are fixed by Parliament and are charged who moved the motion will be informed
on the Consolidated Fund of India. about it.
It need not state the reasons for its adoption
2.3. LOK SABHA in the Lok Sabha.
It can be moved against the entire council of
2.3.1. ETHICS COMMITTEE ministers only.
If it is passed in the Lok Sabha, the council of
Why in news?
ministers must resign from office.
L K Advani has been re-nominated as the chairman
of the Ethics Committee of the Lok Sabha by the 2.4. STATE LEGISLATURE
Speaker.
Ethics Committee 2.4.1. FORMATION OF LEGISLATIVE
This committee was constituted in Rajya COUNCIL
Sabha in 1997 and in Lok Sabha in 2000. It
enforces the code of conduct of members of Why in news?
Parliament. It examines the cases of The Odisha Assembly passed a resolution for
)
om
misconduct and recommends appropriate establishing Legislative Council, or Vidhan
l.c
action. Thus, it is engaged in maintaining Parishad.
ai
gm
discipline and decorum in Parliament. The Legislative Council (LC)- Procedure for
@
It can also take suo-moto investigation. Creation/Abolition of LC
hi
The committee consists of not more than 15
ab
Rajya Sabha.
at
committee.
hi
ur
LOK SABHA
that is, a majority of the total membership of
de
is
Lok Sabha Speaker recently accepted the no- two-thirds of the members of the assembly
rs
majority).
Th
)
o Finally, the very existence of the council
om
87thAmendment Act of 2003 provided for the
l.c
depends on the will of the assembly. The delimitation of constituencies on the basis of
ai
council can be abolished by the
gm
2001 census and not 1991 census. However,
@
Parliament on the recommendation of the this can be done without altering the total
assembly. However, Rajya Sabha does not
hi
number of seats in the assembly of each state.
ab
ur
depend upon the will of Lok Sabha for its Thus, under the current provision, such an
.s
ur
ASSEMBLIES
us
of the assemblies.
hi
Why in news?
ab
ur
LOCAL ELECTIONS
on
Article 170 provides for the composition of Rajasthan Government has scrapped education
en
m
Background
Parliament will have to amend Article 170 of
is
Th
15
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
Panchayati Raj Elections It will also involve thorough audit of the
rd
73 Amendment Act provided for mandatory works done in the last few years.
constitution of Panchayati Raj Institution as Under the campaign, which will conclude in
third tier of government at local level. December’18, gram panchayats will have to
Under Article 243 (K) (4) of Indian publicly display all sources of funds collected
Constitution State Government by law can lay and their annual spending, along with future
down the qualification for elections to local development initiatives.
bodies. This would help in making the exercise of
Article 243 (O) bans the interference of courts formulating Gram panchayat development
in electoral matters. If there is any dispute in plans more structured which has been largely
the Panchayat Elections, courts have no unorganized till now.
jurisdiction over them. About Gram Panchayat Development Plan
Panchayat Election can be questioned in the (GPDP):
form of an election petition presented to an
authority which the state legislature can by It is an annual plan of each panchayat where
law prescribe. the villagers would decide where the money
Haryana Government had passed the should be spent.
Haryana Panchayati Raj (Amendment) Act, The Gram Panchayat Development Plan aims
2015 requiring minimum qualification for to strengthen the role of 31 lakh elected
those contesting in panchayat election. Panchayat leaders and 2.5 crore SHG Women
States like Assam and Uttarakhand have also under DAY-NRLM in effective gram sabha.
brought in legislations to make minimum Scope of GPDP:
education criteria for contesting local polls. o Human Development: Sex ratio, IMR,
)
om
MMR, malnutrition, literacy etc.
l.c
2.5.2. SABKI YOJANA, SABKA VIKAS o Status of inaccessible communities:
ai
gm
Marginal and deprived sections (SC, STs,
Why in news?
@
Child, women etc.) and effectiveness of
ab
hi
Recently, the central government launched a existing schemes.
ur
campaign, Sabki Yojana, Sabka Vikas on October 2, o Civic services: Sanitation, drinking water,
.s
ur
About Sabki Yojana Sabka Vikas campaign o Economic Development: Agriculture and
(c
ka
16
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
3. CENTRE-STATE RELATION
o Any other matter referred to it by the
3.1. THE 15TH FINANCE president in the interests of sound
COMMISSION finance.
Advisory Role of FC: The recommendations
Why in news?
made by the FC are only of advisory nature
The Southern states are protesting against the and hence, not binding on the government. It
Term of Reference of the 15th Finance is up to the Union government to implement
Commission (FC-15). its recommendations on granting money to
the states.
About Finance Commission
Composition of FC-15
Constitutional Provisions related to FC: The FC-15 was constituted on November 27, 2017
Article 280 of the Constitution of India and is headed by former Revenue Secretary and
provides for a Finance Commission as a quasi- former Rajya Sabha MP N.K. Singh. The panel also
judicial body. It is constituted by the president includes Shaktikanta Das and Anoop Singh. Dr.
of India every fifth year or at such earlier time Ashok Lahiri and Dr. Ramesh Chand are the part
as he considers necessary. time members of the FC-15.
Composition: The Finance Commission Some provisions of Terms of Reference: The
consists of a chairman and four other Commission may consider proposing measurable
members to be appointed by the president. performance-based incentives for States, at the
Finance Commission Act, 1951 has specified appropriate level of government, in following areas:
the qualifications of the chairman and Efforts made by the States in expansion and
)
om
members of the commission. The chairman deepening of tax net under GST;
l.c
should be a person having experience in Efforts and Progress made in moving towards
ai
gm
public affairs and the four other members replacement rate of population growth;
@
Achievements in implementation of flagship
should be selected from amongst the hi
schemes of Government of India, disaster resilient
ab
following:
ur
be appointed as one.
at
hi
o A person who has wide experience in Progress made in increasing tax/non-tax revenues,
ab
o A person who has special knowledge of Transfers and Public Finance Management
fo
is
and the states, and the allocation services, including quality human resources, and
cu
o The principles that should govern the Control or lack of it in incurring expenditure on
grants-in-aid to the states by the Centre populist measures; and
Progress made in sanitation, solid waste
(i.e., out of the consolidated fund of
management and bringing in behavioural change
India). to end open defecation.
o The measures needed to augment the The Commission shall use the population data of
consolidated fund of a state to 2011 while making its recommendations.
supplement the resources of the The Commission shall make its report available by 30th
panchayats and the municipalities in the October 2019, covering a period of five years
state on the basis of the commencing 1st April, 2020.
recommendations made by the state
finance commission.
17
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
Some Major Issues raised with ToR Organisational Structure of Zonal Councils:
Usage of 2011 census data – Even 14th FC used the Chairman - The Union Home Minister is the
2011 census population data along with 1971 census
Chairman of each of these Councils.
data and allocated 10 percent weight to 2011
population.
Vice Chairman - The Chief Ministers of the
o 14th FC also gave weightage to forest cover, States included in each zone act as Vice-
area of state and income distance. Zero Chairman of the Zonal Council for that zone
weightage was given to fiscal discipline. by rotation, each holding office for a period of
Considering the impact of increased unconditional one year at a time.
tax devolution to states from 32% to 42%. Members- Chief Minister and two other
suggesting that the higher devolution is Ministers as nominated by the Governor from
incompatible with the Centre’s financial need to each of the States and two members from
fund development. Union Territories included in the zone.
Incentivising states for “efforts and progress
Union Ministers are also invited to participate
made in moving towards replacement rate of
population growth”, thus, rendering most states
in the meetings of Zonal Councils depending
ineligible for incentives. upon necessity.
West Bengal hosted the 23rd meeting of the Cabinet approved repositioning of North Eastern
Eastern Zonal Council presided over by Union Council
Home Minister. Role and functioning of North Eastern Council
)
om
About Zonal Councils It is a statutory advisory body established
l.c
ai
The Zonal Councils are statutory bodies under the North Eastern Council Act, 1971, as
gm
amended in 2002.
@
established under States Reorganisation Act,
1956. hi
It is the apex level nodal agency for the
ab
each zone.
a
The main objectives of setting up of Zonal Minister (earlier it was Ministry of DoNER)
us
o Arresting the growth of acute State o Members - Governors and Chief Ministers
rS
particularistic tendencies;
e
is
operate and exchange ideas and Planning Body for the North Eastern Region.
rs
pe
amongst the States for successful and benefitting two or more States, provided that
m
cu
Th
18
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
It was set up on the recommendation of At the core of NITI Aayog’s creation are two
Sarkaria Commission by a Presidential Order hubs which reflect the two key tasks of the
in 1990. Aayog:
It is a recommendatory body on issues o The Team India Hub leads the
relating to inter-state, Centre–state and engagement of states with the Central
Centre–union territories relations. It aims at government
promoting coordination between them by o The Knowledge and Innovation Hub
examining, discussing and deliberating on builds NITI’s think-tank capabilities.
such issues.
Major initiatives associated with NITI Aayog
It is not a permanent constitutional body. Atal Innovation Mission
It can be established 'at any time' if it appears Sustainable Action for Transforming Human Capital
to the President that the public interests Ek Bharat Shrestha Bharat
would be served by its establishment. District Hospital Index
Organisation structure includes: Digital Transformation Index
o Prime minister as the Chairman School Education Quality Index
o Chief ministers of all the states SDG India Index
o Chief ministers of union territories State Human Development Report
having legislative assemblies NITI Forum for North East
o Administrators of union territories not Women Entrepreneurship Platform
having legislative assemblies Agricultural Marketing and Farmer Friendly
o Six Central cabinet ministers, including Reforms Index
the home minister, to be nominated by About the Governing Council of NITI Aayog
the Prime Minister.
)
Composition: The Governing Council of NITI
om
The Presidential Order of 1990 has been
l.c
amended twice to provide for Governor of a Aayog comprises the Prime Minister
ai
State under President’s rule to attend the (Chairperson), Chief Ministers of all the States
gm
and Union Territories with Legislatures and Lt.
@
meeting of the Council and nomination by the
hi
Governor of Andaman and Nicobar Islands,
Chairman of permanent invitees from
ab
ur
amongst the other Union Ministers, and four Union Ministers as ex-officio
.s
respectively.
at
There is also a Standing Committee of the Invitees. Also included are the members of
h
(c
processing of matters for the consideration of It is the apex body of NITI Aayog tasked with
hus
o Union Home Minister as the Chairman strategies with the active involvement of
rS
The fourth meeting of NITI Aayog’s governing development agenda, in the spirit of Ek
m
cu
19
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
National Capital Territory of Delhi and exempted.
designated the administrator of Delhi as the o The only exception to this rule, it said, was a
lieutenant governor (LG). proviso to Article 239-AA, which allowed the
It created a legislative assembly and a council LG to refer to the President any issue on
which there was a difference of opinion with
of ministers for Delhi. Previously, Delhi had a
the council of ministers. In such a case, the LG
metropolitan council and an executive would be bound by the President’s decision.
council. o Delhi Lieutenant Governor cannot act
The strength of the assembly is fixed at 70 independently and must take the aid and
members, directly elected by the people. The advice of the Council of Ministers because
elections are conducted by the election national capital enjoys special status and is not
commission of India. a full state. Hence, the role of the L-G is
The strength of the council of ministers is different than that of a Governor.
o It observed that neither the state nor the L-G
fixed at ten per cent of the total strength of
should feel lionized, but realise they are
the assembly serving Constitutional obligations and there is
Comparison between Delhi and a state no space for absolutism or anarchy in our
Constitution.
The chief minister is appointed by the
President (not by the LG). The other ministers 3.7. CAUVERY WATER
are appointed by the president on the advice
of the chief minister.
MANAGEMENT SCHEME, 2018
The ministers hold office during the pleasure Why in news?
of the president.
The Assembly can make laws on all the Recently, the Union Water Resources ministry
)
notified the constitution of the Cauvery Water
om
matters of the state list and concurrent list
l.c
except three matters of the state list – public Management Authority (CWMA) and the
ai
Cauvery Water Regulation Committee (CWRC)
gm
order, police and land. But laws of Parliament
under Cauvery Water Management Scheme, 2018.
@
prevail over those made by the assembly. hi
ab
In case of difference of opinion between the More on news
ur
accordingly.
(c
six weeks.
ka
Ministers.
on
Recent Supreme Court Verdict on Delhi-Centre Power Central government for the establishment of
m
Tussle
cu
August 2016 judgment of the Delhi high court, About Cauvery Water Management Authority
which had ruled that since Delhi was a Union
territory all powers lay with the central Its mandate is to monitor and determine the
government, not the elected Delhi government. total residual storage, apportion shares,
Resolving the dispute over the demarcation of supervise operation of reservoirs at the
powers between the Union Government and the beginning of water year (1 June) with the
Government of Delhi, the Supreme Court laid down assistance of the Cauvery Water Regulation
a few key principles: Committee.
o Delhi government has power in all areas It will also regulate release of water by
except land, police and public order and the Karnataka, at the inter-state contact point at
LG is bound by the aid and advice of the
Billigundulu gauge.
government in areas other than those
20
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
It will advise suitable measures to improve What is Article 35A?
water use efficiency, by promoting micro-
It was incorporated into the Constitution in
irrigation (drip and sprinkler), change in
1954 by a Presidential order issued under
cropping pattern, improved agronomic
Article 370 (1) (d) of the Constitution.
practices, system deficiency correction and
It empowers J&K legislature to define state's
command area development.
"permanent residents" and their special
It may take suitable actions in case of defaults
rights and privileges without attracting a
by party states.
challenge on grounds of violating the Right to
Its chairman would be appointed by the
Equality of people from other States or any
Central Government who is a senior and
other right under the Constitution.
eminent engineer or an All India Service
Officer with experiences in water resource It protects certain provisions of the J&K
Constitution which denies property rights to
management and inter-State water sharing
issues native women who marry a person from
outside the State. The denial of these rights
Unlike the earlier interim arrangements, it is a
extends to her children also.
permanent body under the Union Ministry of
Water Resources and its decisions are final However, they can give these special rights
and binding on all the party States. and privileges only in the following four
Constitutional and legislative provisions for inter-state categories:
water disputes o Employment under the state government;
Article 262(2) empowers Parliament to provide by o Acquisition of immovable property in the
law that neither the Supreme Court nor any other state;
court shall exercise jurisdiction in respect of any o Settlement in the state; or
such dispute or complaint. o Right to scholarships and such other
)
om
o Cauvery Judgement was admitted by Supreme forms of aid as the state government may
l.c
Court as Special Leave Petition (SLP). This is
ai
provide.
gm
the first time that the apex court has allowed a
The Article bars non-J&K state subjects to
@
SLP challenging a tribunal’s award, and also hi
settle and buy property in J&K.
ab
modified the award.
ur
Constitution. Under this article the Parliament also It grants special autonomous status to
h
(c
(CWRC)
hi
ur
representative each of the party states, Indian Part IV (dealing with Directive Principles of
fo
Water Commission (CWC) and Ministry of Fundamental Duties) are not applicable to the
al
on
pe
It would act as a technical arm with following government cannot declare emergency on
ti
en
o Collecting data regarding levels, inflows, danger unless it is made at the request or with
cu
do
storages and release of water periodically. the concurrence of the state government.
is
o Preparing seasonal/annual report of the o Centre can declare emergency in the state
Th
21
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
Governor’s Rule: Court declared that there is no prohibition in
the Constitution for the state to have its own
The Governor’s Rule can be imposed when
flag. However, the manner in which the state
the state administration cannot be carried on
flag is hoisted should not dishonour the
in accordance with the provisions of the J&K
national flag. It has to be always below the
Constitution.
national flag.
The governor, with the concurrence of the
Under the Constitution, a flag is not
President of India, can assume to himself all
enumerated in the Seventh Schedule.
the powers of the state government, except
However, Article 51A ordains that every
those of the high court. He can dissolve the
citizen shall abide by the Constitution and
assembly and dismiss the council of ministers.
respect its ideals and institutions, the national
It was imposed for the first time in 1977.
flag, and the national anthem. There is no
If it is not possible to restore the
other provision regulating hoisting of flags,
Constitutional machinery before the expiry of
either by the States or by the public. It is clear
this six-month period, the provision of Article
that there is no prohibition under the
356 of the Constitution is extended, and the
Constitution to hoist any flag other than the
President's rule is imposed in the State.
national flag.
Parliament has framed legislation regulating
3.9. STATE FLAG the hoisting of the national flag. The Emblems
Why in news? and Names (Prevention of Improper Use) Act,
1950 prohibits against “use for any trade,
Karnataka is in the process to have its own business, calling or profession, or in the title
state flag. of any patent, or in any trademark of design,
)
om
More on news any name or emblem specified in the
l.c
Schedule”.
ai
If the flag is formally introduced in the state,
gm
Under the Prevention of Insults to National
Karnataka will become the second state after
@
Honour Act, 1971, there is no prohibition
hi
Jammu and Kashmir to have its own official against any State hoisting its own flag. What is
ab
flag.
ur
an unofficial state flag since the mid-1960s in the provisions regarding hoisting of the
hi
ab
which is hoisted every year to commemorate national flag by the general public, private
ur
Constitutional and Legal Provision other flags under the condition that they
is
al
The Constitution does not prohibit a state masthead as the national flag or placed higher
rs
pe
22
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
4. JUDICIARY
will advise the President in the matter of
4.1. SUPREME COURT appointment.
COLLEGIUM
4.2. CHIEF JUSTICE OF INDIA
Why in news?
There have been new appointments to Supreme Why in news?
Court. On various occasions the Supreme Court
Appointment to Higher Judiciary reiterated the authority of the Chief Justice of
India to be first among the equals.
The appointment of the judges in the
Supreme Courts and the High Courts is done Appointment Procedure
by the President of India and the powers are Appointment to the office of the Chief Justice
given to him under Articles 124(2) and 217 of of India should be of the senior-most Judge of
the Indian Constitution. the Supreme Court considered fit to hold the
Collegium System: It is the system of office. The Minister of Law and Justice would
appointment and transfer of judges that has seek the recommendation of the outgoing
evolved through judgments of the Supreme Chief Justice of India for the appointment of
Court, and not by an Act of Parliament or by a the next Chief Justice of India.
provision of the Constitution.
Administrative Position of Chief Justice of India
The Supreme Court collegium is headed by
(CJI)
the Chief Justice of India and comprises four
)
om
other senior most judges of the court. A High Seat of the Supreme Court (Article 130): The
l.c
ai
Court collegium is led by its Chief Justice and Constitution declares Delhi as the seat of the
gm
four other senior most judges of that court. Supreme Court. But, it also authorises the
@
Names recommended for appointment by a chief justice of India to appoint other place or
hi
ab
High Court collegium reaches the government places as seat of the Supreme Court. He can
ur
.s
only after approval by the CJI and the take decision in this regard only with the
ur
(c
Government’s role in Judicial Appointment: Ad hoc Judge (Article 127): When there is a
ka
Judges of the higher judiciary are appointed lack of quorum of the permanent judges to
a
us
only through the collegium system — and the hold or continue any session of the Supreme
h
hi
government has a role only after names have Court, the Chief Justice of India can appoint a
ab
o The government’s role is limited to the Supreme Court for a temporary period. He
fo
getting an inquiry conducted by the can do so only after consultation with the
d
e
is
Intelligence Bureau (IB) if a lawyer is to be chief justice of the High Court concerned and
al
on
elevated as a judge in a High Court or the with the previous consent of the president.
rs
o It can also raise objections and seek chief justice of India can request a retired
s
ti
en
clarifications regarding the collegium’s judge of the Supreme Court or a retired judge
m
choices, but if the collegium reiterates the of a high court (who is duly qualified for
cu
do
under Constitution Bench judgments, to Court) to act as a judge of the Supreme Court
Th
)
Similarly, the territorial jurisdiction of a
om
district judges) to the judicial service of a state
common high court is co-terminus with the
l.c
are made by the governor of the state after
ai
territories of the concerned states and union
gm
consultation with the State Public Service
territory.
@
Commission and the high court. hi
At present, there are 25 high courts in the
ab
Control over Subordinate Courts: The control
country (including the Andhra Pradesh HC).
ur
states.
h
territory.
fo
d
e
and/or UTs
on
Arunachal Pradesh
m
cu
Haryana HC
is
Islands
Tamil Nadu Tamil Nadu, Puducherry
4.4. SEPARATE HIGH COURTS HC
Kerela HC Kerela, Lakshadweep
FOR ANDHRA PRADESH &
TELANGANA 4.5. ADR MECHANISMS
Why in news? Why in News?
Recently the separate High Courts for Telangana The New Delhi International Arbitration Centre
and Andhra Pradesh came into being. Ordinance, 2019 was promulgated.
24
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
Details National Legal Service authority (NALSA) – It
has been constituted under the Legal Services
New Delhi International Arbitration Centre
Authorities Act, 1987 to provide free Legal
(NDIAC): The Ordinance seeks to provide for
Services to the weaker sections of the society
the establishment of the NDIAC to conduct
and to organize Lok Adalats for amicable
arbitration, mediation, and conciliation
settlement of disputes. National Legal
proceedings. It declares the NDIAC as an
Services Authority was constituted on 5th
institution of national importance.
December 1995. It issues guidelines for the
International Centre for Alternative Dispute
State Legal Authorities to implement the legal
Resolution (ICADR): The Ordinance seeks to
programs and schemes through the country.
transfer the existing ICADR to the central
Gram Nyayalaya: mobile village courts in India
government.
established under Gram Nyayalayas Act, 2008
International Centre For Alternative Dispute
Resolution (ICADR) for speedy and easy access to justice system
It is an autonomous organization with its in the rural areas of India. In terms of Section
headquarters at New Delhi. The Regional Centres 3(1) of the the Act, it is for the State
of ICADR are fully funded and supported by the Governments to establish Gram Nyayalayas in
respective State Governments. consultation with the respective High Courts.
It was set up by the Department of Legal Affairs as
an autonomous body registered under the 4.6. REVIEW OF THE CONTEMPT
Societies Registration Act, 1860.
The Minister for Law & Justice is the Chairman of
OF COURTS ACT, 1971
ICADR.
Why in news?
Its main object is to promote popularize and
propagate Alternative Dispute Resolution to The Law Commission has submitted report titled
)
om
facilitate early resolution of disputes to reduce the “Review of the Contempt of Courts Act, 1971”.
l.c
burden of arrears in the Courts.
ai
gm
Contempt of Court
Tools of Alternative Dispute Redressal
@
The expression ‘contempt of court’ has not
hi
ab
Arbitration is a process in which a neutral been defined by the Constitution. However,
ur
parties prior to the emergence of the any judgement, order, writ or other process of
h
hi
given to a court.
rS
negotiations.
en
25
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
5. ELECTION
Secure against post-manufacturing
5.1. ELECTRONIC VOTING tampering: The machines with self-
MACHINE (EVM) diagnostics shut down automatically in case
of tampering.
Why in news?
There are also various procedural checks and
Recently, there have been controversies balances (Standard Operating Procedure) like
surrounding EVMs regarding their safety feature. functional checks, trial run, random allocation,
multi-stage testing, dry run and safe & secure
About Electronic Voting Machine (EVM)
storage post voting, included for ensuring
An EVM consists of a "control unit" and a free and fair elections.
"balloting unit". The control unit is with the
Election Commission-appointed polling officer; the Related Information
balloting unit is in the voting compartment into Voter Verifiable Paper Audit Trail (VVPAT)
where voter casts her vote in secret VVPATs are an independent verification system
It runs on a single alkaline battery fitted in the designed to allow voters to verify that their votes
control unit, and can even be used in areas that were cast correctly, to detect possible election
have no electricity. fraud/malfunction and to provide a means to audit
They are manufactured by Electronics Corporation the stored results in case of disputes.
of India Limited (ECIL) and Bharat Electronics In VVPATs, a paper slip is generated bearing serial
Limited (BEL). number, name and symbol of the candidate along
History of EVMs in Indian Elections with recording of vote in CU. The printed slip is
visible (for 7 seconds) in a viewing window
EVMs were 1st used in 1982 Kerala Assembly
)
om
attached to BU in voting compartment.
elections (by-election). In Subramaniam Swamy vs ECI (2013), SC said
l.c
ai
However, SC struck down the election VVPAT is necessary for transparency in voting and
gm
since Representation of People Act, 1951, and must be implemented by ECI. In General Elections
@
Conduct of Elections Rules, 1961, did not allow use hi
2019, VVPATs will be used in all the constituencies.
ab
of EVMs.
ur
RP Act 1951 was amended in 1988 to allow usage of 5.2. DELIMITATION COMMISSION
.s
ur
EVMs.
at
Why in news?
(c
ka
Sabha elections.
hi
reprogrammed.
provide for readjustment and the division of
s
26
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
of its functions, have all the powers of a members of armed police force of a State and
civil court under the Code of Civil serving outside that state
Procedure, 1908. persons who are employed by GoI in a post outside
o If there is a difference of opinion among India.
the members, the opinion of the majority Proxy Voting in India
shall prevail. Voting in an Indian election can be done in three
o The Commission shall cause each of its ways-
orders w.r.t delimitation of constituencies o in person
to be published in the Gazette of India o by post
and in the Official Gazettes of the States o and, through a proxy.
concerned and simultaneously cause such Under proxy voting, a registered elector can
delegate his voting power to a representative.
orders to be published at least in two
This was introduced in 2003 for elections to the
vernacular newspapers and publicize on Lok Sabha and Assemblies, but on a limited scale.
radio, television and other possible media A “classified service voter” is allowed to nominate
available to the public. a proxy to cast vote on his behalf in his absence.
o Upon publication in the Gazette of India, However, a service voter can also vote by postal
every such order shall have the force of ballot.
law and shall not be called in question in Recently, the Lok Sabha passed the
any court. As soon as may be after such Representation of the People (Amendment) Bill,
publication, every such order shall be laid 2017 to allow for the proxy voting by the Non-
before the House of the People and the Residential Indians through amendment in Section
Legislative Assemblies of the States 60 (special procedure for voting by certain classes
of persons).
concerned.
)
om
5.3. ELECTRONICALLY 5.4. NONE OF THE ABOVE (NOTA)
l.c
ai
gm
TRANSMITTED POSTAL BALLOT Why in News?
SYSTEM (ETPBS) @
hi
Maharashtra State Election Commission (MSEC)
ab
Why in news?
.s
About NOTA
a
(earlier delivered by post) to the entitled voting machine, designed to allow voters to
rS
Service Voters.
their vote. Its symbol was introduced in 2015.
d
e
ensured by the use of OTP and PIN. The NOTA votes have not been accounted
m
cu
27
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
can be done by the law ministry. It will not
require Parliament sanction.
5.6. SYSTEMATIC VOTERS
EDUCATION AND ELECTORAL
Rule 64
It refers to “declaration of result of election and return PARTICIPATION (SVEEP)
of election”. But the rule does not consider a situation
where NOTA votes may be higher than those polled by Why in news?
any candidate. A dedicated portal for the ECI’s ‘Systematic Voters
Education and Electoral Participation’ (SVEEP)
5.5. TWO-CONSTITUENCIES NORM initiative was launched.
About SVEEP Initiative
Why in news? It is the flagship program of the Election
The Supreme Court is examining the Commission of India for voter education,
constitutional validity of Section 33(7) of the spreading voter awareness and promoting
Representation of People Act,1951 that allows a voter literacy in India. Since 2009, ECI has
candidate to fight from two seats at the same been working towards preparing India’s
time. electors and equipping them with basic
Representation of People Act,1951 (Two- knowledge related to the electoral process.
Constituency norm) Related News
In the original 1951 Act, Section 33 permitted a The Election Commission of India (ECI) has
person to contest from more than one seat, organized “National Consultation on Accessible
while Section 70 of the Act prevented him or Elections”.
her from holding on to more than one seat in The event is a part of the ECI’s pursuit of its
mission ‘leave no voter behind,’ with special focus
state or central legislatures.
on “Persons with Disabilities” (PwD).
)
The 1996 amendment to the RPA sets the limit
om
Its primary goal is to build a truly participative
l.c
at two seats.
ai
democracy in India by encouraging all eligible
Recently ECI has favoured amendments in this
gm
citizens to vote and make an informed
@
section to allow contesting from one seat. hi
decision during the elections.
ab
Vacating of Seats upon Double Membership: The
ur
Representation of People Act (1951) provides for 5.7. SECTIONS OF RPA, 1951 IN
.s
ur
the following:
at
NEWS
h
Section Details
us
which House he desires to serve. In default of Section It prohibits displaying any election matter by
h
hi
such intimation, his seat in the Rajya Sabha 126 means, inter alia, of television or similar
ab
a constituency.
elected to the other House, his seat in the first
d
he should exercise his option for one. for commencement of polls in the first phase
pe
Otherwise, both seats become vacant. and half hour after the time fixed for close of
s
ti
at the same time. If a person is so elected, his months from the date of occurrence of
is
not resign his seat in the state legislature It also provides for the exception in which
within 14 days. the bye-elections may not be conducted
if:
o The remainder term for the member
in relation to a vacancy is less than 1
year or,
o Election commission in consultation
with the central government
certifies that it is difficult to hold the
bye-elections within the said period.
28
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
6. MAJOR CONSTITUTIONAL AMENDMENTS (BILLS
AND ACTS)
The NCBC would get constitutional status
6.1. 123RD CONSTITUTIONAL after half of the states approve it with a
AMENDMENT BILL simple majority and President gives his nod to
the legislation.
Why in news?
Other Provisions of the Bill
The Parliament has recently passed the Composition and service conditions: Under
Constitution (123rd Amendment) Bill. the Constitution Amendment Bill, the NCBC
Amendment by Special Majority of Parliament and will comprise of five members appointed by
Consent of States: the President. Their tenure and conditions of
Those provisions of the Constitution which are service will also be decided by the President
related to the federal structure of the polity can through rules.
be amended by a special majority of the Parliament Functions: The duties of the NCBC will include:
and also with the consent of half of the state
o Investigating and monitoring how
legislatures by a simple majority.
safeguards provided to the backward
If one or some or all the remaining states take no
action on the bill, it does not matter; the moment classes under the Constitution and other
half of the states give their consent, the formality laws are being implemented,
is completed. o Inquiring into specific complaints
There is no time limit within which the states regarding violation of rights, and
o Advising and making recommendations
)
should give their consent to the bill.
om
The following provisions can be amended in this on socio-economic development of such
l.c
ai
way: classes.
gm
o Election of the President and its manner. o The central and state governments will be
@
o Extent of the executive power of the Union hi
required to consult with the NCBC on all
ab
and the states.
major policy matters affecting the socially
ur
o Any of the lists in the Seventh Schedule. annual reports to the President on
aka
Constitution and its procedure (Article 368 Parliament, and in the state legislative
ab
ur
More on news
the powers of a civil court while investigating
de
is
Added a new article 338B which provides for or inquiring into any complaints. These
al
on
NCBC, its composition, mandate, functions powers include: (i) summoning people and
rs
29
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
need to "collect quantifiable data" reflecting
the backwardness among these communities
as mandated by the Nagaraj judgement of
2006.
Related SC Judgements and Constitutional
provisions
Article 15(4) allows State to make special
provision for the advancement of any socially
and educationally backward classes of citizens
or for SCs and STs.
Nine judge bench in Indra Sawhney case
(1992)
o The Supreme Court upheld the Mandal
Commission’s 27 percent quota for
backward classes with a condition that
Key features of the amendment
combined reservation should not exceed
The amendment adds Article 15(6) to enable 50%.
the government to take special measures (not o It also struck down the government
limited to reservations) for the advancement notification reserving 10% government
of “economically weaker sections” (EWS). jobs for economically backward classes
o Up to 10% of seats may be reserved for among the higher castes on the grounds
such sections for admission in educational that Constitution only provides for
institutions. Such reservation will not addressing social backwardness.
)
om
apply to minority educational institutions. o Creamy layer must be eliminated from
l.c
ai
The amendment adds Article 16(6) which the Backward Classes.
gm
permits the government to reserve up to 10% o There should be no reservation in the
@
of all posts for the “economically weaker promotions.hi
ab
sections” of citizens. As the Indra Sawhney judgement disallowed
ur
.s
The reservation of up to 10% for the EWS will reservation in promotions and consequential
ur
at
of 50% reservation for SC, ST and OBCs. constitutional amendments in 1995, 2000 and
ka
The central government will notify the 2002, the most contested one being Article 16
a
us
on the basis of family income and other Article 16 (4A) added by 77th CA Act, 1995:
ab
ur
Weaker Section (EWS): For the very first time, favour of the Scheduled Castes and the
de
is
economic class is constitutionally recognized Scheduled Tribes which are not adequately
al
on
6.3. RESERVATION IN
do
)
om
and that too only on the matters referred to
o They can constitute village councils or
l.c
the council by governor.
ai
o It has financial power to prepare budget for courts within their jurisdiction, for trials of
gm
themselves unlike council in 5th areas. suits and cases between the tribes.
o Councils of the sixth schedule also receive
@
o They can establish, construct or manage
hi
ab
funds from consolidated fund of India to primary schools, dispensaries, markets,
ur
.s
finance schemes for development, health, ferries, fisheries, roads and so on in the
ur
education, roads.
at
district.
h
governor.
ab
area.
rS
The Fifth Schedule also deals with the extension of land revenue and to impose certain
fo
is
31
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
7. IMPORTANT LEGISLATIONS/BILLS
India for which they may submit the application to
7.1. CITIZENSHIP AMENDMENT the Indian Mission/ Post/ FRRO concerned).
BILL Exemption from registration with Foreigners
Regional Registration Officer (FRRO) or Foreigners
Why in news? Registration Officer (FRO) for any length of stay in
The Citizenship (Amendment) Bill 2016 which India.
recently lapsed saw opposition from various Parity with Non-Resident Indians (NRIs)
o in respect of all facilities available to them in
quarters of the country.
economic, financial, and educational fields
The Citizenship Act, 1955 except in matters relating to the acquisition of
It provides for acquisition of citizenship by birth, agricultural or plantation properties.
descent, registration, naturalization and by o in the matter of inter-country adoption of
incorporation of territory into India. Indian children.
The Act prohibits illegal migrants from acquiring Treated at par with resident Indian nationals in the
Indian citizenship. It defines an illegal migrant as a
matter of tariffs in air fares in domestic sectors in
foreigner: (i) who enters India without a valid
India.
passport or travel documents, or (ii) stays beyond the
permitted time. Charged the same entry fee as domestic Indian
It regulates registration of Overseas Citizen of India visitors to visit national parks and wildlife
Cardholders (OCIs), and their rights. sanctuaries in India.
It allows central government to cancel the A person registered as an OCI Cardholder is eligible
registration of OCIs on grounds such as fraudulent to apply for grant of Indian citizenship under
registration, imprisonment for more than 2 section 5(1) (g) of the Citizenship Act, 1955 if
years within 5 years of registration, sovereignty & he/she is registered as OCI Cardholder for five
)
om
security of the country etc. years and is ordinarily resident in India for twelve
l.c
months before making an application for
ai
Provisions of the Bill
gm
registration.
Definition of Illegal Migrants: The Bill amends
@
Restrictions for OCI card holders
hi
the Citizenship Act, 1955 to provide that The OCI Cardholder is not entitled to vote, be a
ab
ur
Sikh, Buddhist, Jain, Parsi & Christian Council or Parliament, cannot hold Constitutional
ur
at
communities) from Pakistan, Afghanistan and posts such as President, Vice President, Judge of
h
(c
Bangladesh, who have arrived in India on or Supreme Court or High Court etc.
ka
Indian citizenship, will not be treated as illegal State except for appointment in such services and
ur
Passport (Entry into India) Act, 1920, and the Further, the OCI Cardholder cannot acquire
e
is
government.
rs
pe
naturalization from 11 years to 6 years, along The Union Cabinet has approved the mechanism
do
with continuous stay for last 12 months. and procedure for sale of the enemy shares.
is
Th
)
om
afterwards will have no claim over the appointment of Adjudicating Authority and
l.c
properties left behind in India. establishment of Appellate Tribunal under
ai
gm
Prohibition of Benami Property Transactions
@
7.3. PROHIBITION OF BENAMI Act (PBPT), 1988.
ab
hi
PROPERTY TRANSACTIONS ACT Appointment of the Adjudicating Authority
ur
.s
courts in 34 states and Union Territories, which Tribunal would provide an appellate
a
us
will act as special courts for trial of offences under mechanism for the order passed by the
h
This new scheme has been initiated by the Income 7.4. FUGITIVE ECONOMIC
fo
Why in news?
to reduce tax evasion.
rs
about benami transactions and properties as well Salient Features of the Act
m
as proceeds from such properties which are The Act allows for a person to be declared as
cu
do
actionable under Benami Property Transactions a fugitive economic offender (FEO) if:
is
Act, 1988, as amended by Benami Transactions o an arrest warrant has been issued against
Th
(Prohibition) Amendment Act, 2016. him for any specified offences where the
Foreigners will also be eligible for such reward. value involved is over Rs 100 crore, and
Identity of the persons giving information will not o he has left the country and refuses to
be disclosed and strict confidentiality shall be return to face prosecution.
maintained.
It extends not only to loan defaulters and
Provisions of the Benami Transaction Law fraudsters, but also to individuals who violate
The 1988 Act as amended in 2016, defines a laws governing taxes, black money, benami
benami transaction as a transaction where a properties and financial corruption.
property is held by or transferred to a person, The Enforcement Directorate (ED) will be the
but has been provided or paid by another apex agency to implement the law.
person. The definition also includes property
33
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
To declare a person an FEO, an application will by the Central and State Government.
be filed in a Special Court (designated under The act shifted the burden of proof from
the Prevention of Money-Laundering Act, prosecution to the accused.
2002) containing details of the properties to The ‘public servant’ as per the definition includes
be confiscated, and any information about the any person in service of a government and in the
pay of the government, or its department, its
person's whereabouts.
companies or any undertaking or control of the
The Special Court will require the person to government.
appear at a specified place at least six weeks MPs and MLAs have been kept out of this act.
from issue of notice. Proceedings will be If the offences against the public servant have
terminated if the person appears. been proved, it is punishable with imprisonment of
The Act allows authorities to provisionally not less than six months which may extend upto
attach properties of an accused, while the five years.
application is pending before the Special Brief background
Court. Currently, offences related to corrupt
Upon declaration as an FEO, properties of a practices of public officials are regulated by
person may be confiscated and vested in the the Prevention of Corruption Act, 1988.
central government, free of encumbrances In 2011, India ratified the United Nations
(rights and claims in the property). Convention against Corruption, and agreed to
Those classified as fugitives will also not be bring its domestic laws in line with the
able to pursue any civil cases in India unless Convention that covers giving and taking a
they come back to India and face prosecution. bribe, illicit enrichment and possession of
disproportionate assets by a public servant as
7.5. PREVENTION OF offences, addresses bribery of foreign public
)
om
CORRUPTION (AMENDMENT) officials, and bribery in the private sector.
l.c
United Nations Convention against Corruption
ai
ACT, 2018
gm
It is the only legally binding universal anti-
@
corruption instrument.
hi
Why in News?
It covers five main areas: preventive measures,
ab
Parliament has passed the Prevention of
ur
amends the archaic Prevention of Corruption Act, assistance and information exchange.
h
(c
The act extends to whole of India except Jammu and various acts of corruption in the private sector.
h
hi
and Kashmir.
ab
34
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
8. IMPORTANT CONSTITUTIONAL/ STATUTORY/
EXECUTIVE BODIES IN NEWS
Functions of UPSC: Under Article 320 of the
8.1. UNION PUBLIC SERVICE Constitution of India, the Commission is, inter-alia,
COMMISSION required to be consulted on all matters relating to
recruitment to civil services and posts. The
Why in news? functions of the Commission under Article 320 of
The Centre has recently changed its appointment the Constitution are:
rules to equate Union Public Service Commission
Conduct examinations for appointment to
(UPSC) members with central government
the services of the Union.
secretaries and not Supreme Court judges, as was
Direct recruitment by selection through
the norm earlier.
interviews.
About UPSC Appointment of officers on promotion /
deputation / absorption.
Article 315 provides for a Public Service
Commission for the Union and a Public Service Framing and amendment of Recruitment
Commission for each State. Rules for various services and posts under
the Government.
It is an independent constitutional body.
Articles 315 to 323 in Part XIV of the Disciplinary cases relating to different Civil
Constitution contain elaborate provisions Services.
regarding the composition, appointment and Advising the Government on any matter
)
om
removal of members along with the referred to the Commission by the President
l.c
independence, powers and functions of the of India.
ai
gm
UPSC.
8.2. CENTRAL BUREAU OF
@
Article 316- Appointment and Term of Office: hi
INVESTIGATION (CBI)
ab
ur
strength of the Commission has left the the “general consent” granted to the Central
a
us
matter to the discretion of the President, who Bureau of Investigation (CBI), effectively curtailing
h
hi
determines its composition. the agency’s powers in the States without prior
ab
General Consent
one-half of the members of the Commission
d
Government of India or under the employees or a violent crime in a given state only
pe
The Constitution also authorises the President Thus, it gets a general consent instead of a case-
en
m
to determine the conditions of service of the specific consent to avoid taking permission each
cu
35
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
Central Bureau of Investigation In April 2018, the Union Cabinet has given its
approval for rightsizing the CCI from One
It is the main investigation agency of the
Chairperson and Six Members (totalling
central government for cases relating to
seven) to One Chairperson and Three
corruption and major criminal probes.
Members.
It is not a statutory body. It derives its powers
to investigate the cases from the Delhi Special
Police Establishment Act, 1946.
8.4. CENTRAL INFORMATION
The Lokpal Act 2013 prescribed that the CBI COMMISSION
director shall be appointed on the
Why in news?
recommendation of a committee comprising
the Prime Minister, Leader of the Opposition A new Chief Information Commissioner was
in the Lok Sabha and Chief Justice of India or appointed recently.
a judge of the Supreme Court nominated by About Central Information Commission
him.
The Central Government can authorize CBI to It was set up under the Right to Information
investigate such crime in a State only with the Act to act upon complaints from those
consent of the concerned State Government. individuals who have not been able to submit
The Supreme Court and High Courts, information requests to a Central Public
however, can order CBI to investigate such a Information Officer or State Public
crime anywhere in the country without the Information.
consent of the State. It includes 1 Chief Information Commissioner
(CIC) and not more than 10 Information
Commissioners (IC) who are appointed by
)
om
the President of India on the recommendation
l.c
of a committee consisting of the Prime
ai
gm
Minister as Chairperson, the Leader of
@
Opposition in the Lok Sabha and a Union
hi
ab
Cabinet Minister nominated by the Prime
ur
Minister.
.s
ur
Why in news?
s
RIGHTS
ti
en
Why in news?
do
It was established under the Competition Act, appointed the new chairperson of the National
2002 for the administration, implementation Commission for Protection of Child Rights
and enforcement of the Act. The following are (NCPCR).
the objectives of the Commission. About NCPCR
o To prevent practices having adverse
effect on competition. It is a statutory body under the Commissions
o To promote and sustain competition in for Protection of Child Rights (CPCR) Act,
markets. 2005 under the administrative control of the
o To protect the interests of consumers and Ministry of Women & Child Development.
o To ensure freedom of trade The Commission's Mandate is to ensure that
all Laws, Policies, Programmes, and
36
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
Administrative Mechanisms are in consonance
with the Child Rights perspective as enshrined
8.6. NATIONAL COMMISSION
in the Constitution of India and also the UN FOR SAFAI KARMACHARIS
Convention on the Rights of the Child. The (NCSK)
Child is defined as a person in the 0 to 18
years age group. Why in news?
The commission consists of the following Recently, government approved the proposal for
members to be appointed by the Central extension of tenure of the National Commission
Government for Safai Karmacharis (NCSK) for next three years.
o A chairperson who, is a person of
eminence and has done an outstanding About the Commission
work for promoting the welfare of It was constituted in 1994 as a statutory body
children; and under National Commission for Safai
o Six members, out of which at least two Karamcharis Act, 1993.
are woman, from amongst person of
With the lapse of this Act from 2004, the
eminence, ability, integrity, standing and
Commission is now acting as a non-statutory
experience in the following fields
body of the Ministry of Social Justice and
Education;
Empowerment whose tenure is extended
Child health, care, welfare or child
from time to time through Government
development;
Resolutions.
Juvenile justice or care of neglected
It serves as a recommendatory body to
or marginalized children or children
Central Government, regarding specific
with disabilities;
programmes or action towards elimination of
)
Elimination of child labour or children
om
inequalities in status, and opportunities for
l.c
in distress;
Safai Karamcharis.
ai
Child psychology or sociology; and
gm
The commission is also monitoring the
Laws relating to children.
@
implementation of The Prohibition of
hi
ab
Employment as Manual Scavengers and Their
ur
.s
37
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
9. IMPORTANT ASPECTS OF GOVERNANCE
Civil Servants and Fundamental Rights
9.1. IMPORTANT SECTIONS OF Subject to the power of Parliament, under Article
RIGHT TO INFORMATION ACT IN 33, to modify the fundamental rights in their
application to members of the Armed Forces and
NEWS the Police Forces, the fundamental rights
Section Detail guaranteed by the constitution are in favour of all
‘citizens’, which obviously include public servants.
Section It states that “public authority” means any
While a public servant possesses the fundamental
2(h) authority or body or institution of self-
government established or constituted- rights as a citizen, the State also possesses, under
the Proviso to Article 309, the power to regulate
By or under the Constitution;
their ‘conditions of service’.
By any other law made by Parliament;
By any other law made by state Background about the CCS (Conduct) rules, 1964
legislature;
By notification issued or order made by CCS (conduct) rules prescribes a set of Do’s
the appropriate Government, and and Don’ts: These rules require them to
includes any— maintain absolute integrity, devotion to duty
o Body owned, controlled or and political neutrality which are essential
substantially financed (The RTI Act requirement of any public servant but certain
does not define substantial prohibitions may come in conflict with their
financing. Consequently, courts are fundamental rights. For instance -
often required to decide whether a
o Prohibits government servants to take
particular form and quantum of
part in the editing or management of any
)
financial aid constitutes substantial
om
finance.) newspaper or periodical.
l.c
o Prohibits speculation in stock, share or
ai
o Non-Government organization
gm
substantially financed, directly or any other investment except occasional
@
indirectly by funds provided by the investments made through stock brokers.
hi
ab
appropriate Government. o Public servants are barred from accepting
ur
websites.
commercial employment after retirement.
a
8(1) information under the RTI Act. These include opinion which has the effect of an adverse
d
e
is
provions related to– national security, criticism of any current or recent policy or
al
8(2) sub- section (1) or exempted under the 9.3. WRONGFUL PROSECUTION
en
9.2. CENTRAL CIVIL SERVICES submitted its report titled “Wrongful Prosecution
(Miscarriage of Justice): Legal Remedies”.
(CONDUCT) RULES, 1964
Related information - International Covenant on Civil
Why in News? and Political Rights, 1966
It is one of the key documents dealing with the
Several provisions of Central Civil Services
miscarriage of Justice.
(Conduct) Rules, 1964 (CCS (conduct) rules, 1964)
It commits its parties to respect the civil and
are often used against public servants which political rights of individuals, including the right to
restricts their fundamental rights. life, freedom of religion, freedom of
speech, freedom of assembly, electoral rights and
rights to due process and a fair trial.
38
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
It is part of the International Bill of Human Rights,
along with the International Covenant on
9.4. WITNESS PROTECTION
Economic, Social and Cultural Rights (ICESCR) and SCHEME
the Universal Declaration of Human Rights
(UDHR). Why in News?
Background Recently Supreme Court asked the states to adopt
Witness Protection Scheme.
India has one of the highest under trial
populations in the world: According to Related Information
National Crime Records Bureau’s (NCRB) Art. 141 - law declared by the Supreme Court shall be
annual Prison Statistics India (PSI) report 2015, binding on all courts within the territory of India.
there were more than 4.19 lakh prisoners Art. 142- Under this, SC can grant appropriate relief for
across India out of which 67.2% were under doing complete justice (where there is some manifest
trials (i.e. people who have been committed illegality, want of jurisdiction or where some pulpable
to judicial custody pending investigations or injustice is shown to have resulted). Curative petition
trial). owes its origin to this article.
)
om
of fundamental rights under Article 21 (the
scheme has extended it to the witnesses in all
l.c
right to life and liberty) and Article 22
ai
other cases as per the threat perception. A
gm
(protection against arbitrary arrests and illegal
Witness Protection Bill is still pending.
@
detention, etc.) of the Constitution, that
hi
In Zahira sheikh vs. State of Gujarat, SC
invokes the writ jurisdiction of Supreme Court
ab
observed that witness protection is necessary
ur
respectively.
at
centric in nature.
involving an organised criminal group, taking
d
e
en
protection,
is
39
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
10. MISCELLANEOUS
Eligibility: All types of cooperatives in
10.1. YUVA SAHAKAR- operation for at least one year and having
COOPERATIVE ENTERPRISE positive net-worth are eligible.
SUPPORT AND INNOVATION About NCDC
SCHEME It is the sole statutory organisation (under
Why in News? Ministry of Agriculture & Farmers Welfare)
functioning as an apex financial and
Union Agriculture Minister launched National developmental institution exclusively devoted
Cooperative Development Corporation (NCDC)’s to cooperative sector.
new scheme ‘Yuva Sahakar-Cooperative It strengthens and promotes programmes
Enterprise Support and Innovation Scheme’. across sectors relating to agriculture and
Cooperatives in India allied fields like dairy, poultry, livestock,
fisheries, cotton ginning and spinning, sugar
The 97thConstitutional Amendment Act of 2011 gave a
constitutional status and protection to co-operative
and notified services like hospitality,
societies. It made the following three changes in the transport, rural housing, hospitals/health core
constitution: etc.
It made the right to form co-operative societies a
fundamental right (Article 19(1)(c)). 10.2. INDIA URBAN DATA
It included a new Directive Principle of State EXCHANGE (IUDX)
Policy on promotion of cooperative societies
)
om
(Article 43-B). Why in News?
l.c
It added a new Part IX-B “The Cooperative
ai
gm
Societies” (Articles 243-ZH to 243-ZT) which Ministry of Housing and Urban Affairs has begun
@
contains the following provisions: the development of Indian Urban Data Exchange
hi
o The state legislature may make provisions for
ab
(IUDX) for the Smart Cities Mission.
ur
o The board shall consist of such number of exchange of data among various
h
hi
exceed twenty-one.
innovation.
d
Castes or the Scheduled Tribes and two seats citizen-friendly and sustainable cities using
rs
technology
is
Purpose: To cater to the needs and o After digitising municipal operations, such
Th
aspirations of the youth, attracting them to as waste flow, water supply, traffic
cooperative business ventures. It would patterns, and surveillance systems, the
encourage cooperatives to venture into new aim is to feed all data into an Integrated
and innovative areas. Command and Control Center (ICCC).
CSIF fund: The scheme will be linked to a Open Smart Cities of India (OSCI), a non-
‘Cooperative Start-up and Innovation Fund profit, start-up company with central and
(CSIF)’ created by the NCDC with an annual state government officials, Smart City
outlay of Rs 100 crore and it has special officials, researchers, and industry players to
incentive for cooperatives of North Eastern set up and scale IUDX, is also proposed.
region, Aspirational Districts and cooperatives
with women/SC/ST/PwD members.
40
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
ICCC The WCCD hosts a network of innovative cities
It is a center where the entire city's information is committed to improving services and quality of life
collected, viewed and analysed through a City with open city data and provides a consistent and
operations center application. comprehensive platform for standardized urban
This system would control street lights, parking metrics.
lights, parking, traffic (including violations and The WCCD is a global hub for creative learning
congestions), waste management, water supply partnerships across cities, international
etc. through sensors. organizations, corporate partners, and academia
As of June 2018, ICCC were operational under 10 to further innovation, envision alternative futures,
smart cities in India with the latest being Naya and build better and more liveable cities.
Raipur.
10.4. MISSION SATYANISHTHA
10.3. CITY DATA INITIATIVE
Mission Satyanishtha was launched recently
Why in news? by Ministry of Railways.
The mission aims at sensitizing all railway
Vijayawada has entered the City Data for India
employees about the need to adhere to good
Initiative recently. ethics and to maintain high standards of
About City Data for India initiative integrity at work.
The Tata Trusts and the World Council on City 10.5. CENTRE FOR RESEARCH
Data (WCCD) have established a major AND PLANNING
partnership for the Initiative.
It aims to help “participating cities to achieve The Supreme Court’s in-house think-tank,
)
om
WCCD ISO 37120 city data certification. Centre for Research and Planning, was
l.c
It was launched in 2016 with three cities – recently unveiled by the Chief Justice of India.
ai
Pune, Surat and Jamshedpur – the first Indian
gm
Its main mandate would be to carry out
@
cities to achieve WCCD ISO 37120 Certification. cutting-edge research into fundamental
hi
It contributes to improved infrastructure jurisprudence and doctrines of law.
ab
ur
us
This certification is the first international Recently the Ministry of Civil Aviation
h
standard published for globally-comparable released the draft Bill that seeks to implement
hi
ab
city data, providing a comprehensive set of the Cape Town Convention (Convention on
ur
rS
environment to health, safety and fire & 2001under the joint auspices of International
s
ti
the number of indicators reported by the city. The Convention is general in nature and is
is
Th
Once a city is ISO 37120 certified, they are meant to be applied to three sectors, viz.
included in WCCD’s Global Cities Registry. Aviation, Railways and Space Equipment.
The data pertaining to the city is then India became a party to the convention/
available on WCCD’s Open City Data Portal Protocol in July, 2008. As of 2016, there are 65
and can be accessed by civic bodies, state and Parties to the Convention.
central authorities, international bodies and The International Civil Aviation Organization
the public. It is a UN specialized agency, established by States
The World Council on City Data (WCCD) in 1944 to manage the administration and
It is the global leader in standardized city data - governance of the Convention on International
creating smart, sustainable, resilient, and Civil Aviation (Chicago Convention).
prosperous cities. It aims to reach consensus on international civil
41
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
aviation Standards and Recommended Practices
(SARPs) and policies in support of a safe, efficient,
10.9. ‘BEYOND FAKE NEWS’
secure, economically sustainable and PROJECT
environmentally responsible civil aviation sector.
About UNIDROIT Why in News?
It is an independent intergovernmental UK-based broadcasting channel BBC launched the
Organisation to study needs and methods for Beyond Fake News project.
modernising, harmonising and co-ordinating
private and in particular commercial law as More on news
between States and groups of States and to
The project aimed at fighting back against
formulate uniform law instruments, principles and
rules to achieve those objectives.
disinformation and fake news with a major
focus on global media literacy.
10.7. PATHALGADI MOVEMENT There is no specific law in India to deal with
fake news.
Why in news? Freedom of speech can only be curtailed as
per the limited circumstances set out in
In recent times, many Adivasi villages in Jharkhand
Article 19(2) of the Constitution of India – and
have put up giant plaques (Pathalgadi) declaring
falsehood isn’t one of those ‘reasonable
their gram sabha as the only sovereign authority
restrictions.’
and banning ‘outsiders’ from their area.
Bodies involved in eliminating fake news
More on news
Press Council of India: It is an autonomous,
Pathalgadis proclaim allegiance to the
statutory, quasi-judicial body with an aim to
Constitution but reject any authority except
)
om
preserve the freedom of the press and
their gram sabhas (village assemblies).
l.c
improve the standards of press in India.
ai
Pathalgadis have their presence in Jharkhand,
gm
Broadcasting Content Complaint Council
Chhattisgarh, Odisha and parts of West
@
(BCCC): an independent self-regulatory body
hi
Bengal and Madhya Pradesh.
ab
set-up by the Indian Broadcasting Foundation
ur
COMPACT
h
Why in News?
us
Recently more than 30 organizations from across represents the private television news and
hi
ab
SUMMIT
is
ti
It seeks to inspire organisations around the how they can harness innovation and
is
Th
world to create content partnerships with the technology to solve universal challenges
UN and leverage their resources and creative facing humanity.
talent to advance the Goals.
42
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
place in the run-up to polls.
10.11. E-GOVERNANCE The vigilant citizen has to click a
INITIATIVES IN NEWS picture or record a video of upto
two minutes’ duration of the scene
E- Feature of violations of the model code.
governance The photo or video is to be
initiatives uploaded on the app.
National e- It is an initiative by Ministry of iGOT It has been launched by the
Vidhan Parliamentary Affairs. (Integrated Department of Personnel and
Application It aims to make all the Legislatures Government Training, Ministry of Personnel,
of the country paperless by making Online Public Grievances & Pensions
the proceedings of the Houses Training (DoPT).
digital. Programme) This online training programme
Online It has been developed by the will be targeted to the
Assurances Ministry of Parliamentary Affairs. requirements of officers and
Monitoring During the course of answers to training inputs will be available on
System Questions or during debates, site and on flexitime basis.
(OAMS) various assurances - in the form of It would act as a single point of
promises, undertakings or other access to the repository of training
such forms of expressions - are resources to numerous training
given by Ministers on the floor of institutions.
the House. PAiSA- Portal It is a web portal launched by the
Such assurances are given due to for Ministry of Housing.
non-availability of information, at Affordable It has been designed and
that point of time, to meet the Credit and developed by Allahabad Bank and
)
queries or points raised by the Interest
om
is expected to be joined by all
Members. Subvention
l.c
states, commercial banks, RRBs
ai
An assurance given to the Access. and Cooperative Banks.
gm
Lok/Rajya Sabha is required to be It acts as a centralized electronic
@
fulfilled within a period of three hi
platform for processing interest
ab
months from the date of subvention on bank loans to
ur
Sabha. NULM).
a
i.e. IREPS.
rs
implementation of assurances
It will provide data and
pe
railways.
cu
43
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
Fund for implementation of ERSS Bengaluru based not for profit
project across the country. think tank called Public Affairs
A SHOUT feature has been Centre.
introduced in ‘112 India’ mobile app United The UN releases this Survey every
exclusively for women. Nations E- two years and this year’s theme is
Tele Law Tele Law app aims to Mainstream Government 'Gearing E-Government to
Initiative and Legal Aid through Common Survey 2018 Support Transformation towards
Nyaya Service Centres. sustainable and resilient
Bandhu It will enable the Para Legal societies'.
Volunteers of NALSA to perform It maps how digital technology
on field pre – registration of cases and innovations are impacting the
with a facility to seek appointment Public Sector and changing
from the Panel lawyer on people’s everyday life.
preferred date and time, in The Survey includes the E-
coordination with Village Level Government Development Index
entrepreneur (VLE) at the CSC. (EGDI) which assesses progress in
Nyaya Bandhu app aims for e-government development at the
solidifying the pro bono (providing national level. It is a composite
legal services without charge) index based on three indices:
culture in the country. o One-third is derived from a
o It provides a platform to Telecommunications
connect the registered Infrastructure Index (TII)
eligible beneficiaries with the based on data provided by the
practicing advocates who are International
willing to volunteer their time Telecommunications Union
)
(ITU).
om
and money in providing their
o One-third from a Human
l.c
services as a pro bono.
ai
Both initiatives are in pursuance of Capital Index (HCI) based on
gm
Constitutional commitment under data provided by the UNESCO.
@
Article 39A o One-third from the Online
hi
ab
Service Index (OSI) based on
ur
independent survey
at
questionnaire.
h
Report
a
processes.
is
en
44
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW
Democracy It was recently released which
Index ranked India at 41st position and
10.13. AWARDS
classified it as ‘flawed democracy’.
Awards Details
This index is published annually by
India Smart Cities Nine awards in three
London based newspaper The
Awards 2018 categories, i.e., Project Award,
Economist.
Innovative Idea Award and
The Economist Intelligence Unit
City Award have been
also released Inclusive Internet
announced under the India
Index.
Smart Cities Awards.
o India ranked 47th in Inclusive
India Smart Cities Award were
Internet Index 2019.
launched by Ministry of
Varieties of Released by varieties of
Housing and Urban Poverty
Democracy Democracy Institutes. The reports
Alleviation with an objective to
Report for provides the most sweeping global
reward cities, projects and
2018 examination of democracy.
innovative ideas, promoting
India is indicted as a "backslider"
sustainable development in
since the quality of democracy has
cities.
declined over the past ten years
Eligible Participants were
and sharply declined since 2014
Smart Cities only, where
Different Categories for
respective ULBs / Smart City
Classification
SPVs were to submit
o Liberal Democracy: where
proposals.
every citizen has equal rights
Innovative Idea Award
and access to the law; there's
o Recognize exceptional
strong freedom of expression;
innovation across 7 Urban
)
om
good institutional systems to
themes- Governance, Built
deliver justice, freedom of
l.c
environment, Social
ai
association, participatory
gm
Aspects, Culture and
elections, etc.
@
Economy, Urban
o Electoral Democracy: Here hi Environment,
ab
citizens have the vote but
ur
Transportation and
certain categories of people
.s
Sanitation- contributing to
h
the successful
ka
comes to human
us
rights, freedom of
hi
2018.
Electoral Democracy.
Project Award
fo
o Given to individual
e
City Award
pe
institutionalised intimidation
o Proposals submitted for
s
and project
do
45
DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW 8468022022
leadership example of the ISSA Good The Employees’ State Insurance
third Philippine president, Practice Corporation (ESIC) has been
Ramon Magsaysay. Award, 2018 awarded with ‘ISSA Good Practice
Bharat Vatwani has dedicated Award, 2018’ at “Regional Social
his life for rescuing mentally ill Security Forum for Asia and the
people from the streets of Pacific” held recently.
India and treatment through International Social Security
his Shraddha Rehabilitaion Association (ISSA) is international
Foundation. organization for social security
Sonam Wangchuk has been institutions, government
recognised for improving the departments and agencies. It was
life opportunities of Ladakhi founded under the auspices of
youth. International Labour Organisation.
Commonwealth It is given by CAPAM, a non- About ESIC
Association for profit association located It is a statutory, autonomous
Public across the Commonwealth. corporation under ministry of
Administration o Department of Labour and Employment
and Administrative Reforms Established in 1948.
Management and Public Grievances It implements medical and cash
(CAPAM) (DARPG), Ministry of benefits to employee of organised
Awards Personnel, Public sector against the events of
Grievances and Pensions sickness, maternity, disablement
is an institutional member and death due to employment
of CAPAM. injury.
In Innovation Incubation Applicable to all the States except
)
category, the award is given Manipur, Sikkim, Arunachal
om
to Unnayan Banka (BIHAR) Pradesh and Mizoram.
l.c
Mandatory
ai
which aims to provide “Quality for non-seasonal
gm
Education for all”. factories employing 10 or more
@
In Innovation in Public Service persons
hi and establishments
ab
Management category, employing 20 or more persons in
ur
award.
(c
institutions
ur
rS
fo
de
is
al
on
rs
pe
s
ti
en
m
cu
do
is
Th
46
8468022022 DELHI | JAIPUR | PUNE | HYDERABAD | AHMEDABAD | LUCKNOW