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Table of Contents
1. ISSUES RELATED TO CONSTITUTION ____ 3 3.7. North-Eastern Council ______________ 21
1.1. Reservation _______________________ 3 3.8. Inter-State Council _________________ 21
1.1.1. Reservation in Legislative Bodies _______ 3
3.9. Dadra and Nagar Haveli and Daman and
1.1.2. Reservation in Promotions for SC/ST. ___ 3
1.1.3. Reservation in Promotion for Persons with
Diu Merged __________________________ 22
Disabilities (PwDs) ________________________ 4 3.10. Sixth Schedule ___________________ 22
1.1.4. Reservation for EWS _________________ 5
1.1.5. Job Reservations, Promotion Quotas not a 4. JUDICIARY _______________________ 23
Fundamental Right _______________________ 5
4.1. Provisions Related to Addition and
1.1.6. Bill to include more Tribes in ST Category 5
Transfer of Judges_____________________ 23
1.2. Rights ____________________________ 6 4.1.1. Addition of Judges __________________ 23
1.2.1. Internet as Basic Right _______________ 6 4.1.2. Transfer of Judges __________________ 23
1.2.2. Right to Property ____________________ 6 4.1.3. Acting Chief Justice _________________ 23
1.2.3. Sedition ___________________________ 7
4.2. Regional Bench of Supreme Court ____ 24
1.2.4. Minority Educational Institutions _______ 7
1.2.5. Sabarimala Temple Issue _____________ 8 4.3. Gram Nyayalayas __________________ 24
1.3. President _________________________ 9 4.4. National Legal Services Authority (NALSA)25
1.3.1. Impeachment of US President _________ 9
1.3.2. Pardoning Power of President _________ 9 4.5. New Rules for Tribunals ____________ 25
1.4. 9th Schedule of Indian Constitution ____ 9 4.6. Zero Pendency Courts Project ________ 26
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the Civil Services of the State) Act, 2018’, the rest of the class as backward as they
granting a quota in promotions for state always were.
government employees from the Scheduled • It declined the demand to refer the case to a
Caste and Scheduled Tribe communities. 7-judge bench to reconsider its 2006 Nagaraj
Related cases, constitutional provisions and
judgement.
amendments • Now, the union government has urged the
• Article 15(4) allows State to make special provision court to reconsider the ruling and refer the
for the advancement of any socially and issue to a seven-judge Bench.
educationally backward classes of citizens or for
Creamy Layer
SCs and STs.
• The concept has its genesis in the Indira Sawhney
• Article 16(4B)- provides that reserved promotion
Case (1992). Supreme Court asked the Government
posts for SCs and STs that remain unfilled can be
to define the criteria by fixation of income,
carried forward to the subsequent year. It ensures
property or status.
that the ceiling on the reservation quota – capped
• Currently creamy layer criteria is applicable to
at 50% by Indra Sawhney Case – for these carried
Other backward classes (OBCs) in reservation.
forward unfilled posts does not apply to
• At present, Group A and Group B officers of both
subsequent years.
Central and State Government, Employees of
• Article 335 mandates that reservations have to be
Armed Forces and PSUs along with people earning
balanced with the ‘maintenance of efficiency’.
more than 8 lakh per annum come under the
• In the Indira Sawhney case (1992), the Supreme
purview of Creamy layer.
Court held that the reservation policy cannot be
extended to promotions. • Consequential Seniority means elevation to a
• However, 77th Constitutional Amendment (CA), senior position consequential to circumstances,
1995, inserted Clause 4A in Article 16, which and not through normal rules.
enables the state to make any law regarding • Illustrating it, suppose there are 100 sanctioned
reservation in promotion for SCs and STs. posts in a department, out of which 30 are
• The court in 1990s restored seniority of general occupied by unreserved candidates, 15 are
candidates. occupied by reserved candidates and 55 remain
• However, 85th CA Act, 2001 gave back ‘vacant’. The reservation is 30%, which implies that
“consequential seniority” to SC/ST promotees. 30 posts must be manned by reserved category
employees. So, if a reserved category employee is
Background and Details junior to a general category employee, but there is
• M. Nagaraj vs Union of India Case (2006) vacancy for reserved category at a senior position,
o The Supreme Court upheld the so reserved category employee will be considered
senior and promoted above the general category
constitutional validity of reservations for
employee.
SCs and STs to include promotions with
three conditions: 1.1.3. RESERVATION IN PROMOTION
✓ quantifiable data on the
FOR PERSONS WITH DISABILITIES
backwardness of Scheduled Castes
(SC) and Scheduled Tribes (ST) (PWDS)
✓ the facts about their inadequate Why in news?
representation
✓ the overall administrative efficiency is Supreme Court (SC) bench has upheld that 3%
not affected. reservation should be given to persons with
• The Centre approached supreme Court that disabilities (PwDs) both in direct recruitment and
the verdict in the M Nagraj case put in promotions.
unnecessary conditions in granting quota More on news
benefits.
• Thus, In Jarnail Singh vs Lachhmi Gupta Case • SC held that Indira Sawhney case which
(2018) Supreme Court allowed for grant of capped reservation at 50% and prohibited
quota for promotions in the government jobs reservation in promotions pertained only to
to SCs and STs without the need to "collect Backward Classes (BC) not to PwDs.
quantifiable data". • It held that the ceiling of 50% reservation
• The court also asked the government to applies only to reservation in favour of BCs
examine the possibility of introducing creamy under Article 16(4) whereas the reservation in
layer for Scheduled Castes (SCs) and favour of PwDs is horizontal, which is under
Scheduled Tribes (STs) by saying that if some Article 16(1).
sections bag all the coveted jobs, it will leave
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o It also provides for listing of scheduled empowered by the state government to issue
tribes State/Union Territory wise and not orders to prevent and address urgent cases of
on an all India basis. apprehended danger or nuisance.
o This usually includes restrictions on
movement, carrying arms and from
1.2. RIGHTS assembling unlawfully. It is generally believed
that assembly of three or more people is
1.2.1. INTERNET AS BASIC RIGHT prohibited under Section 144. However, it can
be used to restrict even a single individual.
Why in news?
• Duration of the order: Order passed under Section
Recently, Supreme Court has delivered verdict on 144 cannot remain in force for more than two
a bunch of petitions challenging the restrictions months from the date of the order, unless the
imposed on internet services and movement of state government considers it necessary. Even
then, the total period cannot extend to more than
people in Jammu and Kashmir.
six months.
Provisions for Internet shutdowns in India Temporary Suspension of Telecom Services (Public
Emergency or Public Service) Rules, 2017 (Suspension
• Suspension of Internet services are dealt with Rules)
under the Information Technology Act, 2000, • These Rules were framed by Ministry of
the Criminal Procedure Code (CrPC), 1973 and Communications under the Indian Telegraph Act,
the Telegraph Act, 1885. which talks about interception of messages in the
“interests of the sovereignty and integrity of
Supreme Court’s observation India”.
• On Internet shutdown • It empowers the government to block
o Freedom of speech and expression transmission of messages in case of a public
emergency or for public safety in any part of the
through the medium of internet is a
country.
fundamental right under Article 19(1)(a)
• Any order suspending internet under the Rules,
of the Constitution. can be only for a temporary duration and not for
o The restrictions on internet have to follow an indefinite period.
the principles of proportionality under
Article 19(2). Other judgements on Internet as right
✓ The doctrine essentially signifies that • In Faheema Shirin v. State of Kerala, the Kerala
High Court declared the right to Internet access as
the punishment should not be
a fundamental right, forming part of right to
disproportionate to the offence privacy under Article 21 of the Constitution of
committed or the nature and extent India.
of the State’s interference with the
exercise of a right must be 1.2.2. RIGHT TO PROPERTY
proportionate to the goal it seeks to
achieve. Why in news?
o Freedom of trade and commerce through Supreme Court was hearing a plea where land of
internet is also a constitutionally the appellant was taken over by Himachal Pradesh
protected right under Article 19(1)(g). government in 1967.
o Suspension of internet for indefinite
period not permissible. What Supreme Court said?
• On Section 144 of CrPC: • To forcibly dispossess a person of his private
o When Sec 144 is imposed for reasons of property, without following due process of
apprehended danger, that danger must law, would be violative of a human right.
be an “emergency”. o Article 300A, which provides for Right to
o Powers under Sec 144 should be Property, required the state to follow due
exercised in a reasonable and bona fide procedure and authority of law to deprive
manner, and the order must state a person of his or her private property. It
material facts in order to enable judicial ceased to be a fundamental right with
review. the 44th Constitution Amendment Act in
Section 144 CrPC 1978.
• Powers under the law: • The State cannot be permitted to perfect its
o It is a colonial era law that empowers a title over the land by invoking the doctrine of
district magistrate, a sub-divisional adverse possession to grab property of its
magistrate or any other executive magistrate own citizens.
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o State government had opposed the NCMEI, a quasi-judicial body, regulates the certification
petition stating that it had perfected title of minority educational institutions all over India.
by 42 years of 'adverse possession'. • Its Chairman should be who has been a Judge of
o Under "doctrine of adverse possession", the High Court and three members are to be
nominated by Central Government.
a person who is not the original owner
• It has the powers of a Civil Court. It has both
becomes the owner because of the fact
original and appellate jurisdiction in such matters,
that he has been in possession of the as laid down by the SC in Joseph of Cluny v/s The
property for a minimum of 12-years, within State of West Bengal case.
which the real owner did not seek legal • Commission has adjudicatory functions and
recourse against him. recommendatory powers.
• It decides on disputes regarding affiliation of a
1.2.3. SEDITION minority educational institution to a university.
• It has power to enquire, suo motu, into complaints
Why in news? regarding deprivation or violation of rights of
The recent arrests in Bengaluru and Kashmir, on minorities to establish and administer educational
the grounds of protesting against the Citizenship institutions of their choice.
Amendment Act and raising pro-Pakistan Slogans • It specifies measures to promote and preserve the
minority status and character of institutions of
have reignited the debate around India’s sedition
their choice established by minorities.
law.
• It can also cancel the minority status granted to
About Sedition Law in India institutions if they are found to have violated the
conditions of the grant.
• Sedition, which falls under Section 124A of National Commissioner for Linguistic Minorities
the Indian Penal Code, is defined as any action (NCLM)
that brings or attempts to bring hatred or • The NCLM established under Article 350B of the
contempt towards the government of India. Constitution has less power than the NCMEI.
• Section 124A was drafted by Thomas • It can only review safeguards for the protection of
Babington Macaulay and included in the IPC in linguistic minority rights and make
1870. recommendations to the parliament based on its
findings.
• Punishment under Section 124A Sedition is a
non-bailable offence. More on news
• A person charged under this law can't apply
• SC stated that regulation of minority
for a government job. They have to live
institutions, including in matter of
without their passport and must present
appointment of teachers, is permissible if it is
themselves in the court as and when required.
intended to ensure excellence in minority
• Famous sedition trials: Jogendra Chandra
institution, without interfering with its
Bose, 1891, three sedition trials of Bal minority status.
Gangadhar tilak and Mahatma Gandhi in 1922,
• The court referred to the TMA Pai vs State of
for his articles published in Young India.
Karnataka 2002 case, while deciding this case.
• Essential ingredients for a seditious act: o In this case, the Supreme Court held that
Various verdicts in Romesh Thappar case,
the fundamental right under Article 30 (1)
Kedar Nath Singh case, Kanahiya Kumar case was neither absolute nor above the law.
re-defined a seditious act only if it had
essential ingredients as Minority Educational Institutions (MEIs)
o Disruption of public order • National Commission for Minority
o Attempt to violently overthrow a lawful Educational Institutions (NCMEI) Act defines
government MEI as a college or an educational institution
o Threatening the security of State or of established and administered by a minority or
public. minorities.
1.2.4. MINORITY EDUCATIONAL • The Constitution of India does not define the
term minority. The NCMEI Act defines
INSTITUTIONS
minority means a community notified as such
Why in news? by the Central Government.
• As per notification of the Government of
Recently, the Supreme Court has held that state
India, there are 6 notified religious minority
can regulate minority institutions in national
communities - Muslim, Sikh, Christian,
interest.
Buddhist, Parsis and Jain.
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• No linguistic minority has been notified by • Article 30 (2) prohibits the state in discriminating
the Central Government till date. Thus, against such institutions in granting aid on the
linguistic minorities are outside the purview ground that it is under the management of
of the NCMEI. minority.
• Eligibility criteria-
1.2.5. SABARIMALA TEMPLE ISSUE
o Educational institution is established and
being administered by the minority Why in news?
community.
Recently, the Supreme Court has deferred its
o If it is run by a trust/ registered society,
decision on review of “2018 Sabarimala verdict”
majority of members must be from the
until a Seven Judges’ Bench examines broader
minority community.
issues such as essentiality of religious practices
o It has been established for the benefit of
and constitutional morality.
the minority community.
• Once conferred a status of minority Constitutional Morality
educational institution, there is no need for its • The term ‘morality’ or ‘constitutional morality’ has
renewal periodically. not been defined in the Constitution.
• Rights obtained by Minority Educational • In the 2018 Sabarimala verdict, the majority opinion
defined ‘morality’ in Article 25 to mean
Institutions (MEIs)
constitutional morality.
o In respect of control over representatives,
• As per the Supreme Court, the magnitude of
minority educational institutions have constitutional morality is not confined to the
substantially more prominent power literal text which a Constitution contains, rather it
than other institutions. embraces within itself virtues of a wide
o MEIs are out of purview of reservation magnitude.
policy under Article 15.
More on news
o MEIs can have a reservation of up to 50
percent for the student of their own • In the “Indian Young Lawyers Association &
community. Others vs The State of Kerala & Others” case,
o Section 12 of Right to Education Act (RTE) 2018, a five-judge bench had delivered a
2009, which mandates 25% reservation for landmark 4:1 ruling setting aside the decades-
children belonging to economically old restrictions on the entry of women of
weaker section (EWS), is also not reproductive age inside Sabarimala Temple.
applicable on MEI. However, the SC has o The judgment remarked that ban on the
held that all schools run by minority entry of women in Sabarimala is a kind of
institutions will have to grant free untouchability, and thus violative of
admissions to poor children on 25% on Article 17.
their seats, under the Right to Education • Review pleas were filed against above order.
(RTE) act. • Now, the larger Bench would also consider
o They can also have separate fee structure the entry of women into mosques and the
but not allowed to charge capitation fee. practice of female genital mutilation,
Minorities at state-level prevalent among the Dawoodi Bohras Sect.
• Constitution of India does not define minorities. Doctrine of essentiality: It was invented by Supreme
Centre, under the powers conferred by Section 2 Court in the ‘Shirur Mutt’ case in 1954. Court that the
of the National Commission for Minorities Act, term “religion” will cover all rituals and practices
1992 can notify a community a minority “integral” to a religion, and took upon itself the
community. responsibility of determining the essential and non-
• Recently, Supreme Court ruled that religious essential practices of a religion.
classification should be on all-India basis and not
state-wise.
Related news: Karnataka High Court (HC) on Article 25
Constitutional Provisions regulating Minority It said that denial of permission to put up temporary
Institutions structures on roads and footpaths for religious festivals
• Article 30 of the Constitution deals with the Right or functions will not infringe upon the freedom
of minorities to establish and administer granted Article 25 (Freedom to free profession, practice
educational institutions. and propagation of religion).
• Under Article 30 (1), all minorities, whether based
on religion or language, have the right to establish
and administer educational institutions of their
choice.
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Article 340 • Empowers President to appoint with Assam, 371C- Manipur, 371D & E-
commission to investigate the Andhra Pradesh, 371F- Sikkim, 371G-
conditions of backward classes. Mizoram, 371H- Arunachal Pradesh,
• Under this, commission headed by 371I-Goa, 371J- Karnataka etc.
Justice G. Rohini was formed to look
into the sub-categorisation of Other
Backward Classes (OBC) in 2017.
Article 371 • It is part of XXI Constitution of India,
to 371-J and grants temporary, transition and
special provisions to some states in
the country.
• While article 371 was part of the
Constitution at the time of its
commencement; Articles 371A
through 371J were incorporated
subsequently.
• Article 371 deals with Gujarat and
Maharashtra, 371A-Nagaland, 371B
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2. FUNCTIONING OF PARLIAMENT/STATE
LEGISLATURE/LOCAL GOVERNMENT
2.1. LEGISLATURE 2.1.3. PARLIAMENTARY PRIVILEGES
2.1.1. PARLIAMENTARY COMMITTEES Why in news?
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3. CENTRE-STATE RELATIONS
3.1. NITI AAYOG
Why in news?
Recently Government has reconstituted NITI
Aayog, renaming Rajiv Kumar as its vice chairman
and appointing Home Minister as ex-officio
member.
Background
• Planning Commission was initially set up in
1950 as an agency to direct investment
activity in a country.
• Planning Commission of India had two key
duties to perform i.e.; to implement five-year
plan and second was to provide the finances
to the state.
• National Institution for Transforming India
(NITI Aayog) was constituted in 2015 as a
think tank and advisory body of the
government, replacing Planning Commission.
Performance of NITI Aayog
• Launching of various initiatives and programmes
o Measuring performance and ranking States on
outcomes in critical sectors
o Sustainable Action for Transforming Human
Capital (SATH)
o Ek Bharat Shrestha Bharat
o Development Support Services to States
(DSSS) for Development of Infrastructure
o ‘Aspirational District Programme (ADP)’: to
realise the vision of ‘SabkaSaath, SabkaVikas’
• Enabling evidence-based policy making and
enhancing productive efficiency with long-term
vision
o Three Year National Action Agenda and the
Strategy for New India @75.
o Balanced Regional Development
✓ NITI Forum for North East
o Health & Nutrition Sector Reforms
✓ Evolving the National Nutrition Strategy
o In energy sector
✓ NITI has prepared a report on ‘India’s 3.2. RATIONALISATION OF
Renewable Electricity Roadmap 2030.’ CENTRALLY SPONSORED
• Promote entrepreneurial and innovation
ecosystem
SCHEMES
o Atal Innovation Mission, which established
Why in News?
Atal Tinkering Labs in India, has already done
commendable work in improving the The chairman of the Fifteenth Finance
innovation ecosystem in India. Commission has voiced that there needs to be
o Global Entrepreneurship Summit 2017: Women further rationalization of the Centrally Sponsored
First: Prosperity for All
Schemes (CSS).
o Women Entrepreneurship Platform
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decide by law, the languages to be used for o A dispute arising out of any treaty,
official work. agreement, covenant, engagement or
• Article 344 provides for constitution of a other similar instrument executed before
parliamentary committee every 10 years to the commencement of the constitution
recommend to the President regarding and continues to be in operation or which
progressive use of the Hindi language for the provides that the jurisdiction of the
official purposes of the Union and restrictions Supreme Court shall not extend to such a
on the use of English. dispute;
o disputes relating to the use, distribution,
Other Constitutional provisions with respect to
languages
or control of the water of any inter-state
• Article 29 gives every Indian the right to a distinct river;
language, script & culture. o Suits brought by private individuals
• Article 30 provides for Right of minorities to against the government of India.
establish and administer educational institutions Other Jurisdictions of the Supreme Court
for all minorities, whether based on religion or
• Advisory: Under its advisory jurisdiction, the
language.
President has the power to seek an opinion from
• Article 350A: Facilities for instruction in mother- the apex court under Article 143 of the
tongue at primary stage Constitution.
• Article 350B: Special Officer for linguistic minorities • Appellate: Under its appellate jurisdiction, the
Three-language formula Supreme Court hears appeals from lower courts.
• It is commonly understood that the three • Extraordinary original jurisdiction: The Supreme
languages referred to are Hindi, English and the Court has exclusive power to adjudicate upon
regional language of the respective States. disputes involving elections of the President and
• Teaching of Hindi across the country was the Vice President, those that involve states and
crystallised into a policy in an official document in the Centre, and cases involving the violation of
National Policy on Education, 1968. fundamental rights.
• It was again mooted in NPE 2019 but later the idea • Writ Jurisdiction: The Supreme Court is
was dropped from the draft. empowered to issue writs including habeas
• State has been following the two-language corpus, mandamus, prohibition, quo warranto
formula for many decades, under which only and certiorari for the enforcement of the
English and one regional language are compulsory fundamental rights of an aggrieved citizen.
in schools.
Related information
3.4. ARTICLE 131 • Article 256 states that the executive power of
every State shall be so exercised as to ensure
Why in news? compliance with the laws made by Parliament and
any existing laws which apply in that State.
Recently Kerala and Chhattisgarh have filed a suit • It also states that the executive power of the
in the Supreme court challenging the Union shall extend to the giving of such directions
constitutional validity of various central laws to a State to ensure compliance may appear to the
under Article 131 of the Indian Constitution. Government of India to be necessary for that
purpose.
About Article 131
• Article 131 of the Constitution talks about the 3.5. REMOVAL OF ARTICLE 370
original jurisdiction of the Supreme Court, AND 35A
where the apex court deals with any dispute
between the Centre and a state; the Centre Why in news?
and a state on the one side and another state
The Centre decided to end the special status given
on the other side; and two or more states.
to Jammu and Kashmir (J&K) under Article 370.
• This means no other court can entertain such
a dispute. Article 370 and Article 35A
• A dispute to qualify under Article 131, it must • Art. 370 had “temporary provisions with respect
involve a question of law or fact on which the to the State of Jammu and Kashmir” which gave
special powers to the state allowing it to have its
existence of a legal right of the state or the
own Constitution.
Centre depends.
• According to article 370, except for defence,
• The original jurisdiction of the Supreme foreign affairs, finance and communications,
Court does not extend to: Parliament needs the state government’s
concurrence for applying all other laws.
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• Article 35A of the Indian Constitution, which and Kashmir was under the president rule,
stemmed out of Article 370, gave powers to the concurrence of governor is considered as
Jammu and Kashmir Assembly to define “Jammu and Kashmir government”.
permanent residents of the state, their special Implications of the move
rights and privileges. • Complete applicability of Indian Constitution to
More on news J&K
• No separate flag
• President of India in “concurrence” with the • Tenure of the J&K assembly to be five years,
“Jammu and Kashmir government” instead of the earlier six years.
promulgated Constitution (Application to • Replacing Ranbir Penal Code (the separate penal
Jammu and Kashmir) Order, 2019 which code for J&K) with the Indian Penal Code.
states that provisions of the Indian • Article 356 under which the President’s Rule can be
Constitution are applicable in the State. imposed in any state, will also be applicable to the
UT of Jammu and Kashmir.
• This effectively means that all the provisions
• The central quota laws in school-college
that formed the basis of a separate admissions and state government jobs will apply.
Constitution for Jammu and Kashmir stand • People from other states may be able to acquire
abrogated. With this, Article 35A is scrapped property and residency rights.
automatically. • RTI would be made applicable.
• Along with this, a statutory resolution was • Certain provisions of the J&K Constitution which
approved by the Parliament which – invoking denied property rights to native women who
the authority that flows from the effects of marry a person from outside the State may stand
Presidential Order – recommended that the invalidated.
President abrogate (much of) Article 370.
• Also, Jammu and Kashmir Reorganization 3.6. INNER LINE PERMIT
Act, 2019 was passed by the Parliament.
Why in news?
Jammu & Kashmir (J&K) was re-organized
into two Union Territories - J&K division with Recently, Manipur has launched an online portal
a legislative assembly and the UT of Ladakh for the travellers to seek Inner Line Permits.
without having an assembly.
About ILP
How the Scrapping of Article 370 and 35A became
• It is a travel document that allows an Indian
possible?
citizen to visit or stay in a state that is
• President issued a presidential order under protected under the ILP system.
Article 370 (1) of the Constitution. This clause o Foreigners need a Protected Area Permit
enables the President to specify the matters (PAP) to visit tourist places which are
which are applicable to Jammu and Kashmir in different from Inner Line Permits needed
concurrence with the Jammu and Kashmir by domestic tourists.
government. • The system is in force today in four North
• The order amended Article 367. Article 367 eastern states — Arunachal Pradesh,
contains guidance on how to read or interpret Nagaland, Manipur and Mizoram.
some provisions. The amended Article • No Indian citizen can visit any of these states
declares that “the expression ‘Constituent unless he or she belongs to that state, nor can
Assembly of the State…’ in Article 370 (3) he or she overstay beyond the period
shall be read to mean ‘Legislative Assembly of specified in the ILP.
the State’. Article 370(3) provided that the • The concept stems from the Bengal Eastern
Article 370 was to be amended by the Frontier Regulation Act, 1873, where the
concurrence of the Constituent Assembly. British framed regulations restricting the
However, because of the amendment, it can entry and regulating the stay of outsiders in
now be done away by a recommendation of designated areas.
the state legislature. • This was to protect the Crown’s own
• In other words, the government used the commercial interests by preventing “British
power under 370(1) to amend a provision of subjects” (Indians) from trading within these
the Constitution (Article 367) which, then, regions.
amends Article 370(3). And this, in turn, • In 1950, the Indian government replaced
becomes the trigger for the statutory “British subjects” with “Citizen of India”.
resolution - Resolution for Repeal of Article
370 of the Constitution of India. As Jammu
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o This was to address local concerns about Council shall formulate specific projects
protecting the interests of the indigenous and schemes for that State.
people from outsiders belonging to other
Indian states. 3.8. INTER-STATE COUNCIL
• An ILP is issued by the state government
concerned. Why in news?
o It can be obtained after applying either Recently, Inter-State Council (ISC) has been
online or physically. reconstituted.
• It states the dates of travel and also specifies
the particular areas in the state which the ILP About Inter-State Council
holder can travel to. • Article 263 of the constitution provides for
the establishment of an ISC.
• It was set up on the recommendation of
Sarkaria Commission by a Presidential Order
in 1990.
• It is a recommendatory body on issues
relating to inter-state, Centre–state and
Centre–union territories relations.
• It aims at promoting coordination between
them by examining, discussing and
deliberating on such issues.
• It is not a permanent constitutional body. It
can be established 'at any time' if it appears to
the President that the public interests would
be served by its establishment.
3.7. NORTH-EASTERN COUNCIL • Organisation structure includes:
o Prime minister as the Chairman
Why in news? o Chief ministers of all the states
Recently, government decided to allocated 30% of o Chief ministers of union territories
the North-Eastern Council’s (NEC’s) budget for having legislative assemblies
developing deprived areas. o Administrators of union territories not
having legislative assemblies
About North-Eastern Council o Six Central cabinet ministers, including
• It is a statutory advisory body established the home minister, to be nominated by
under the North Eastern Council Act, 1971, as the Prime Minister.
amended in 2002. • The Presidential Order of 1990 has been
• It is the nodal agency for economic and social amended twice to provide for Governor of a
development of 8 North Eastern Region State under President’s rule to attend the
States of Arunachal Pradesh, Assam, Manipur, meeting of the Council and nomination by the
Meghalaya, Mizoram, Nagaland, Sikkim and Chairman of permanent invitees from
Tripura. amongst the other Union Ministers,
• Organisation structure includes respectively.
o Ex-officio Chairman – Union Home • There is also a Standing Committee of the
Minister Council for continuous consultation and
o Vice Chairman - Minister of State processing of matters for the consideration of
(Independent Charge), Ministry of DoNER the Council. It consists of the following
o Members - Governors and Chief Ministers members:
of all the eight States and 3 members o Union Home Minister as the Chairman
nominated by President. o Five Union Cabinet Ministers
o It is mandated to function as a Regional o Nine Chief Ministers
Planning Body for the North Eastern
Region.
o While formulating the regional plans, it
needs to give priority to schemes and
projects, benefitting two or more States,
provided that in case of Sikkim, the
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• The Act amends the First Schedule to merge • Article 244 of provides special system of
the two union territories into the UT of Dadra administration for certain areas designated as
and Nagar Haveli and Daman and Diu. ‘scheduled areas’ and ‘tribal areas.
Amendment to First Schedule of constitution • Sixth Schedule contains special provisions for
is not recognized as a constitutional the administration of tribal areas in the four
amendment under Article 368 of the north-eastern states of Assam, Meghalaya,
constitution. Tripura and Mizoram.
o First Schedule to the Constitution • Provisions under 6th schedule include:
specifies the territories that come under o Autonomous districts: The tribal areas in
various states and UTs. these states have been constituted as
• Article 240(1) of the Constitution allows the autonomous districts, each of which has
President to make regulations for certain UTs, an autonomous district council and each
including the UTs of Dadra and Nagar Haveli, autonomous region has a separate
and Daman and Diu. The Act amends the regional council consisting of 30
Article to replace these two UTs with the members. Currently, there are 10 such
merged UT. councils.
• The First Schedule to the Representation of o Legislative power: To make laws on
the People Act, 1950 provides one seat in Lok certain specified matters like land, forests,
Sabha to each of the two UTs. The Act canal water, shifting cultivation, village
amends the Schedule to allocate two Lok administration, inheritance of property,
Sabha seats to the merged UT. marriage and divorce, social customs and
• The Act provides that the jurisdiction of the so on. These require assent of the
High Court of Bombay will continue to extend governor.
to the merged UT. o Judicial power: The councils can
• With this amendment total Union Territories constitute village councils or courts for
trial of suits and cases between the tribes
in India become 8:
where the jurisdiction of high court over
o Andaman and Nicobar Islands
these suits and cases is specified by the
o Jammu and Kashmir
governor.
o Chandigarh
o Regulatory power: The district council
o Ladakh
can establish, construct or manage
o Dadra & Nagar Haveli and Daman & Diu
o Lakshadweep primary schools, dispensaries, markets,
ferries, fisheries, roads and so on in the
o Delhi
district. It can also make regulations for
o Puducherry
the control of money lending and trading
• Out of these Delhi, Puducherry and Jammu &
by non-tribals. But such regulations
Kashmir have legislatures.
require the assent of the governor.
o Tax revenue collection: The district and
regional councils are empowered to
assess and collect land revenue and to
impose certain specified taxes.
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4. JUDICIARY
Three Judges Cases
4.1. PROVISIONS RELATED TO • First Judges Case, 1981 or S P Gupta Case: The
ADDITION AND TRANSFER OF Supreme Court ruled that the recommendation
made by the CJI to the President can be refused for
JUDGES “cogent reasons”, thereby giving greater say to
executive.
4.1.1. ADDITION OF JUDGES • Second Judges Case, 1993: Supreme Court
Advocates-on Record Association vs Union of
Why in news? India. CJI only need to consult two senior-most
• Parliament has recently passed the legislation judges over judicial appointments and transfers.
to increase the sanctioned strength of the However, on objection raised by executive on
Supreme Court from 31 to 34 including the appointment, Collegium may or may not change
Chief Justice of India. their recommendation, which is binding on
• Constitutional provisions executive.
o Originally, under Article 124 of the Indian • Third Judges Case, 1998: CJI should consult with
Constitution the strength of Supreme four senior-most Supreme Court judges and the
chief justice of two high courts (one from which
Court was fixed at eight (one chief justice
the judge is being transferred and the other
and seven other judges). receiving him) to form his opinion on judicial
o Article 124 (1) provides the power to the appointments and transfers.
Parliament to increase the number of
judges if it deems necessary. 4.1.3. ACTING CHIEF JUSTICE
o The Parliament through The Supreme
Court (Number of Judges) Act, 1956 Why in news?
increased strength of Supreme Court to Recently Supreme Court has recently ruled that a
ten. judge who retired as an Acting Chief Justice of a
o The Act was last amended in 2009 to High Court cannot claim the pension of a regular
increase the judges’ strength from 25 to Chief Justice (CJ).
31.
About Acting Chief Justice
4.1.2. TRANSFER OF JUDGES • Article 223 states that President can appoint a
Why in news? judge of a high court as an acting chief justice
of the high court when:
Recently, Chief Justice of the Madras High Court, o the office of chief justice of the high court
was transferred to Meghalaya High Court. is vacant; or
Procedure for transfer of judges o the chief justice of the high court is
temporarily absent; or
• Constitutional provision: Transfer of Judges o the chief justice of the high court is
from one High Court to another High Court is unable to perform the duties of his
made by the President after consultations office.
with the Chief Justice of India under Article • Similarly, under Article 126, President can
222 (1) of the Constitution. appoint a judge of the Supreme Court as an
• Judicial Interpretation: The Supreme Court acting Chief Justice of India when:
derives its power to select, appoint and o the office of Chief Justice of India is
transfer judges from its verdicts in Three vacant; or
Judges Cases. From the SC decisions on the o the Chief Justice of India is temporarily
subject of judges' transfer, following points absent; or
emerge: o the Chief Justice of India is unable to
o Transfer of a judge cannot be a punitive perform the duties of his office.
measure.
o Transfer can be ordered only on 'public
interest' for the 'better administration of
justice'.
o Transfer can be ordered by President only
on the basis of concurrence of the CJI
after effective consultation.
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5. ELECTIONS
5.1. ELECTORAL BONDS 5.2. NATIONAL PARTY STATUS
Why in news? Why in news?
Recently, the information received under the The Election Commission of India recently
Right to Information revealed some startling facts declared the National People’s Party (NPP) as a
on electoral bonds. national party, making it the first from the north-
eastern region to earn this status.
More on news
More on news
• Electoral bonds with denomination of Rs 1
crore accounted for more than 91 per cent of • The NPP is recognised as a State party in
the amount raised. Arunachal Pradesh, Manipur, Meghalaya and
• The four cities, i.e. Mumbai, Kolkata, New Nagaland.
Delhi and Hyderabad, accounted for 83 per • It became the 8th national political party in
cent of all electoral bonds by value. the country. The other national political
parties are: Indian National Congress, Bhartiya
Janta Party, Bahujan Samaj Party, Communist
Party of India, Communist Party of India
(Marxist), National Congress Party, All India
Trinamool Congress.
• A party is recognized as national party by the
Election Commission if it fulfils at least one of
the following qualifications:
o If it secures six per cent of valid votes
polled in any four or more states at a
general election to the Lok Sabha or to
the legislative assembly; and, in addition,
it wins four seats in the Lok Sabha from
any state or states; or
o If it wins two per cent of seats in the Lok
Sabha at a general election; and these
candidates are elected from three states;
or
o If it is recognized as a state party in four
states.
• EC, however, has no power to de-register
political parties.
Related information: Star Campaigner
• A recognised political party can have 40 Star
campaigners and an unrecognized (but registered)
political party can have 20.
• List of star campaigners must be communicated to
Chief Electoral Officer and Election Commission
within a week from the date of notification of an
election.
• The expenditure incurred on campaigning star
campaigners is exempt from being added to the
election expenditure of a candidate.
It is not available for trading on stock exchanges and • If a candidate or her election agent shares the
cannot be used as collateral for loans. It is available stage with a star campaigner at a rally, then the
only in physical form. entire expenditure on that rally, other than the
travel expenses of the star campaigner, is added to
the candidate’s expenses.
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General Elections 2019 - Important Data • In India, such Delimitation Commissions have
• Voter Turnout - The final voter turnout stood at been constituted 4 times – in 1952, 1963, 1973
67.11% and registered the highest voter turnout in and 2002.
the history of the Lok Sabha election.
• The Delimitation Commission is appointed by
• NOTA - In 2019, it was about 1.04% of the voters. In
the President of India and works in
the 2014 Lok Sabha election, this was around 1.08%
of the voters.
collaboration with the Election Commission
• Women Voters - Parity in the voting percentage of of India.
men and women at 66.79 per cent and 66.68 per • The commission has three ex-officio
cent, respectively. members:
• Women Parliamentarians - 17th Lok Sabha has a o a serving or retired judge of the Supreme
record number of women parliamentarians — the Court as the chairperson,
highest-ever standing at 78. o the Chief Election Commissioner or
Election Commissioner nominated by the
5.3. DELIMITATION COMMISSION CEC and
o State Election Commissioner of the
Why in news? concerned state.
Central government has constituted the • Its functions include:
Delimitation Commission for the purpose of o Determining the number and boundaries
delimitation of Assembly and Parliamentary of constituencies to make population of
constituencies in the Union territory of Jammu all constituencies nearly equal and
and Kashmir and the States of Assam, Arunachal providing equal representation to
Pradesh, Manipur and Nagaland. equal segments of a population.
o Identifying seats reserved for Scheduled
More in News
Castes and Scheduled Tribes, wherever
• Delimitation will be done in Jammu and their population is relatively large.
Kashmir based on the Census of 2011 in • Its orders have the force of law and cannot
accordance with the provisions of the Jammu be called in question before any court.
and Kashmir Reorganisation Act. • There was no delimitation after the 1981 and
• In Assam, Arunachal Pradesh, Manipur and 1991 censuses due to various family planning
Nagaland delimitation will be done in programmes implemented by the central
accordance with the provisions of the government.
Delimitation Act, 2002. • In 2002, the 84th Constitutional Amendment
o Delimitation exercise for the purpose of was used to freeze the process of delimitation
elections to the Lok Sabha and to the for Lok Sabha and State assemblies till at least
State Legislative Assemblies on the basis 2026.
of 2001 census figures was completed by
November, 2008. 5.4. ELECTRONIC VOTING
o However, this exercise was postponed in MACHINES (EVMS)
Arunachal Pradesh, Assam, Manipur and
Nagaland on apprehension of threat to Why in news?
the peace and public order.
Recently, Delhi High Court ruled that Electronic
• Commission will be headed by former
Voting Machines (EVMs) is not ‘information’ under
Supreme Court judge, Justice (Retd.) Ranjana
RTI Act.
Desai.
About Electronic Voting Machine (EVM)
About Delimitation
• An EVM consists of a "control unit" and a
• Delimitation literally means the act or process
"balloting unit". The control unit is with the
of fixing limits or boundaries of territorial
Election Commission-appointed polling
constituencies in a country or a province
officer; the balloting unit is in the voting
having a legislative body.
compartment into where voter casts her vote
• Under Article 82, the Parliament enacts a
in secret.
Delimitation Act after every Census which
• It runs on a single alkaline battery fitted in the
establishes a delimitation commission.
control unit, and can even be used in areas
• Under Article 170, States also get divided into
that have no electricity.
territorial constituencies as per Delimitation
Act after every Census.
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6. IMPORTANT LEGISLATIONS/BILLS
o Final interpretation of all the rules rests
6.1. AMENDMENT TO THE RTI with Central Government.
ACT
6.1.1. RECENT JUDGEMENTS RELATED
Why in news?
TO RTI
Recently, the Parliament passed the Right to
Information (Amendment) Act, 2019. • In Central public information officer,
About Central Information Commission Supreme Court of India vs Subhash Chandra
• CIC was established under the provisions of the Agarwal case a five-judge Constitution Bench
Right to Information Act, 2005. of Supreme Court (SC) declared that the
• The Commission consists of a Chief Information Office of the Chief Justice of India (CJI) is a
Commissioner and not more than ten Information ‘public authority’ under Section 2(h) of RTI
Commissioners (IC). Act.
• They are appointed by President on the o Following information can be disclosed
recommendation of a committee consisting of under RTI
Prime Minister as Chairperson, Leader of
✓ Information about personal assets of
Opposition in the Lok Sabha and a Union Cabinet
Minister nominated by the Prime Minister. judges and CJI is not a violation of
• They should be persons of eminence in public life their right to privacy.
with wide knowledge and experience in law, ✓ Names of judges recommended by
science and technology, social service, the Collegium.
management, journalism, mass media or o Following information cannot be
administration and governance. disclosed under RTI
• They are not eligible for reappointment. ✓ Reasons cited by collegium for
Amendments brought in the RTI Act recommendation of judges
• Removal of fixed term- As per the act, the CIC ✓ Information protected under Section
and ICs will hold office for a term of five years. 8 of RTI Act
The Amendment removes this provision and • In D.A.V. College Trust and Management
states that the central government will notify Society Vs. Director of Public Instructions
the term of office for the CIC and the ICs. case Supreme Court ruling has brought non-
• Determination of Salary- As per the act, the government organizations (NGOs) receiving
salary of the CIC and ICs (at the central level) funds from the governments under the ambit
will be equivalent to the salary paid to the of RTI Act.
Chief Election Commissioner and Election o Currently, NGOs are regulated under the
Commissioners, respectively. Similarly, the provisions of Foreign Contribution
salary of the CIC and ICs (at the state level) Regulation Act (FCRA) and Foreign
will be equivalent to the salary paid to the Exchange Management Act (FEMA Act).
Election Commissioners and the Chief o This ruling would mean that NGOs will
Secretary to the state government, have to maintain records as provided
respectively. under the RTI Act, and every citizen will
o The Amendment empowers the Central have the right to get information from
Government to determine the salaries, them.
allowances, and other terms and
conditions of service of the central and
state CIC and ICs.
• Following RTI Rules were introduced under
the amended Act.
o It grants absolute power to Government
to decide “conditions of service” which
are not expressly covered under the Rules
(in exercise of residuary powers).
✓ In such cases, decision of Central
Government is binding upon the ICs.
o Government has “power to relax” the
applicability of provisions of rules.
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• Section 2(h) of the RTI Act states that “public accounts in which they receive foreign funds.
authority” means any authority or body or o In 2017, the Ministry of Home Affairs issued
institution of self-government established or circular under which all NGOs registered under
constituted FCRA should receive foreign donations in a
o By or under the Constitution; single designated bank account.
o By any other law made by Parliament; o NGO have to file an affidavit declaring that the
o By any other law made by state legislature; individual has not been involved in any act of
o By notification issued or order made by the religious conversion or prosecuted for
appropriate Government, and includes any communal disharmony.
✓ Body owned, controlled or substantially Foreign Exchange Management Act (FEMA)
financed • It was introduced to consolidate and amend the
✓ Non-Government organization law relating to foreign exchange with the
substantially financed, directly or objective of facilitating external trade and
indirectly by funds provided by the payments.
appropriate Government. • Certain NGOs are also registered under FEMA
o The RTI Act does not define substantial come under Ministry of Finance.
financing. Other regulations related to NGOs
o Supreme Court in its judgement has widened • Labour Laws: Any NGO employing more than 20
the definition of substantial financing and held employees must comply with the Employees’
that it can be direct and indirect. Provident Fund (compliance is voluntary if an NGO
• Section 8 (1) (j) of the RTI Act says that personal has less than 20 employees).
information, which has no relationship to any • Accreditation: Recently, New accreditation
public activity or interest, or which would cause guidelines for NGOs had been formed on the basis
unwarranted invasion of the privacy of the of recommendations of Vijay Kumar Committee
individual shall be disclosed only if the appellate o NITI Aayog has been appointed as the nodal
authority is satisfied that the larger public interest agency for the purpose of registration and
justifies the disclosure of such information. accreditation of NGOs seeking funding from
• Any person who is a citizen of India can file an RTI Government.
application.
• All below poverty line (BPL) families are exempt RTI and Judiciary
from paying any fees for other there is nominal fee • The RTI Act conferred powers on the Chief justice
of Rs 10 which may also vary from state to state. of the Supreme Court of India and the chief justices
of high courts of states for carrying out its
Foreign Contribution Regulation Act (FCRA) 2010 provisions, and all these courts framed their own
It regulates the acceptance and utilization of foreign rules.
contribution by individuals or associations and prohibits • However, the Supreme Court Rules undermined
acceptance and utilization of foreign contribution or the RTI in four key ways. Unlike the RTI Act, the
foreign hospitality for any activities detrimental to Rules do not provide for:
national interest and for matters connected therewith o a time frame for furnishing information
or incidental. o an appeal mechanism
• It required all NGOs to apply for a license to o penalties for delays or wrongful refusal of
receive foreign funding. information
o NGO must be in existence for at least 3 years o makes disclosures to citizens contingent upon
and spending at least Rs 1,000,000 over 3 “good cause shown”
years preceding the date of its application on • The RTI Act does not permit any appeals to be
its activities entertained by any court under Section 23.
Nevertheless, the contradiction arises from the
o It must have undertaken reasonable activity fact that the Indian Constitution gives powers to
in its field for which the foreign contribution is the Supreme Court and the high courts that
proposed to be utilised. override any statute.
o NGO with permanent FCRA licenses now have • Further, SC has said that the decision of the
to get these renewed every five years. Registrar General of the Court will be final and not
o NGO shall not spend more than 50% of subject to any independent appeal to Central
Foreign Contribution received in a Financial Information Commission.
Year to meet administrative expenses without
prior approval of Central Government.
6.2. PROTECTION OF HUMAN
• Recent changes in FCRA
o Government barred several prominent NGOs RIGHTS (AMENDMENT) ACT 2019
from receiving funds from foreign countries
after they failed to file their annual returns for Why in news?
five consecutive years.
President gave assent to the Protection of Human
o NGOs are required to validate the bank
Rights (Amendment) Act, 2019.
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Provisions for people having missed out the NRC list o enters with valid documents, but stays
• Assam government has assured people that those beyond the permitted time period.
who find their names missing from the final NRC
Key provisions of the Citizenship Amendment Act
will not immediately be termed "foreigners" or
illegal immigrants.
(CAA), 2019
• Such people will be allowed to register protests • The amendment provides that illegal migrants
with the Foreigners Tribunal. They can approach who fulfil four conditions will not be treated
the High Court or even the Supreme Court for as illegal migrants under the Act. The
further appeal in the matter. conditions are:
• The State government will also provide legal aid to o they are Hindus, Sikhs, Buddhists, Jains,
the poor who find their names missing from the
Parsis or Christians
list.
o they are from Afghanistan, Bangladesh or
• Under the Foreigners Act of 1946, the burden of
proving whether an individual is a citizen or not, Pakistan
lies upon the individual applicant and not on the o they entered India on or before December
state. 31, 2014they are not in certain tribal areas
• Doubtful or D-voters are those who are of Assam, Meghalaya, Mizoram, or Tripura
disenfranchised by the government on the account included in the Sixth Schedule to the
of their alleged lack of proper citizenship Constitution, or areas under the “Inner
credentials and their inclusion will depend on Line” permit, i.e., Arunachal Pradesh,
decision of the Foreigners Tribunal. Mizoram, and Nagaland.
Related News ✓ These tribal areas include Karbi
Anglong (in Assam), Garo Hills (in
Recently, Foreigners (Tribunals) Order, 1964 was
amended to empower district magistrates in all States Meghalaya), Chakma District (in
and Union Territories to set up Foreigners tribunals. Mizoram), and Tripura Tribal Areas
About Foreigners tribunals District.
• All legal proceedings against above category
• These were established through Foreigners
(Tribunal) Order, 1964 of Ministry of Home Affairs of migrants in respect of their illegal
under Foreigners Act, 1946. migration or citizenship will be closed.
• They were setup to decide whether a person • The period of naturalisation has been
staying illegally in India is a foreigner or not as per reduced from 11 years to 5 years for above
Foreigners Act. category of migrants.
• Recent amended order, also empowers individuals o The 1955 Act allows a person to apply for
to approach the Tribunals. Earlier, only the State citizenship by naturalisation, if the person
administration could move the Tribunal against a meets certain qualifications. One of the
suspect.
qualifications is that the person must have
6.5.2. CITIZENSHIP AMENDMENT ACT resided in India or been in central
government service for the last 12 months
Why in News? and at least 11 years of the preceding 14
years.
Citizenship Amendment Act (CAA), 2019 was
• Grounds for cancelling OCI registration: The
recently enacted by the Parliament that seeks to
amendment provides that the central
amend the Citizenship Act, 1955.
government may cancel registration of OCIs, if
Background the OCI has violated Citizenship Act or any
• Article 11 of constitution empowers other law so notified by the central
Parliament to make any provision with government. Also, the cardholder has to be
respect to the acquisition and termination of given an opportunity to be heard.
citizenship and all other matters relating to o The Act provides that the central
citizenship. government may cancel registration of
OCIs on five grounds including
• Citizenship (Amendment) Act, 2003 provided
registration through fraud, showing
that ‘illegal migrants’ will not be eligible to
disaffection to the Constitution,
apply for citizenship by either registration or
engaging with the enemy during war,
naturalisation.
necessity in the interest of sovereignty of
• Section 2(1)(b) of Citizenship Act, 1955 defines
India, security of state or public interest,
illegal migrant as a foreigner who:
or if within five years of registration the
o enters the country without valid travel
OCI has been sentenced to imprisonment
documents, like a passport and visa or
for two years or more.
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The Citizenship Act, 1955 and STs, denial of economic, democratic and social
• It provides for acquisition of citizenship by birth, rights, discrimination, exploitation and abuse of
descent, registration, naturalization and by the legal process, etc.
incorporation of territory into India. • The Act is implemented by the respective State
• The Act prohibits illegal migrants from acquiring Governments and Union Territory
Indian citizenship. It defines an illegal migrant as a Administrations, which are provided due central
foreigner: (i) who enters India without a valid assistance under the Centrally Sponsored Scheme
passport or travel documents, or (ii) stays beyond for effective implementation of the provisions of
the permitted time. the Act.
• It regulates registration of Overseas Citizen of • The act was amended in 2016 to add new offences
India Cardholders (OCIs), and their rights. to atrocities such as garlanding with footwears
etc., addition of chapter on the ‘Rights of Victims
6.7. SCHEDULED CASTES AND and Witnesses’, defining ‘willful negligence’ of
public servants clearly and addition of presumption
TRIBES (PREVENTION OF of offence.
ATROCITIES) ACT
6.8. AADHAAR REPORT
Why in news?
Recently, Supreme Court upheld the amendments Why in news?
made by government in the Scheduled Castes and A report by consulting firm Dalberg, - ‘State of
the Scheduled Tribes (Prevention of Atrocities) Aadhaar- A People’s Perspective’ report was
Act, 1989. released.
The amendments were About Aadhaar
• Bar against anticipatory bail under Scheduled • Aadhaar is a verifiable 12-digit identification
Castes and Tribes (Prevention of Atrocities number issued by the Unique Identification
POA) Act, 1989. Authority of India (UIDAI) to the resident of
• New section 18A was inserted which does India.
away with requirements of undertaking o UIDAI, is a statutory authority established
preliminary inquiry and of procuring under the provisions of Aadhaar Act 2016,
approval prior to making an arrest. under the Ministry of Electronics &
• In cases under the Atrocities Act, no Information Technology.
procedure other than that specified under • Aadhaar collects only four pieces of personal
the Act and Cr. P. C. shall apply. information – name, age, gender and address
• Supreme court upheld these amendments, – along with biometric data.
recalling its earlier judgement in Subhash • In addition, Aadhaar has created new features
Kashinath Mahajan vs State of Maharashtra such as virtual IDs that help protect an
case where SC diluted the Scheduled Castes individual’s privacy.
and Tribes (Prevention of Atrocities POA) Act, • An important objective of Aadhaar has been
1989. to improve the ability of the state to provide
Scheduled Castes and Tribes (Prevention of Atrocities) efficient, transparent and targeted delivery
Act, 1989 (PoA Act in 1989.) of welfare services to a large number of
• In 1955, the Protection of Civil Rights Act was residents who depend on it.
enacted to protect the fundamental and socio-
economic, political, and cultural rights of SCs and Some Fact Findings
STs. It was later replaced with PoA Act in 1989. • 95% of adults have Aadhaar and 75% of children
• It is an Act to prevent the commission of offences have Aadhaar.
of atrocities against SC/STs by persons other than • 8% of people do not have Aadhaar– or an
SC/ST against SC/ST. estimated 102 million people.
• It is made in furtherance of the provisions for • 80% of beneficiaries feel Aadhaar has made PDS
abolition of untouchability (Article 17) and equality rations, MGNREGS and social pensions more
(Articles 14, 15). reliable.
• It establishes for Special Courts for the trial of
such offences and for the relief and rehabilitation 6.8.1 AADHAAR AND OTHER LAWS
of the victims of such offences. (AMENDMENT) ACT, 2019
• It authorises the Central Government to frame
rules for carrying out the purpose of the Act. Why in news?
• The Act lists 22 offences relating to various Aadhaar and Other Laws (Amendment) Act, 2019
patterns of behaviours inflicting criminal offences was passed by Parliament to replace an ordinance
for shattering the self-respect and esteem of SCs promulgated in March 2019.
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9. MISCELLANEOUS
affairs, Freedom Fighters Division, with its Head
9.1. ENEMY PROPERTIES Office at New Delhi and three branch offices at
Mumbai, Kolkata and Lucknow.
Why in news?
• The Custodian is a quasi-judicial Authority under
The Centre announced the formation of the Enemy Property Act and a Civil court under the
committees and a group of ministers to sell Civil Procedure Court, 1908.
enemy properties.
9.2. POLICE COMMISSIONERATE
What is Enemy Property
SYSTEM
• When nations go to war, they often seize the
properties in their countries of the citizens Why in news?
and corporations of the enemy country.
Recently, Uttar Pradesh cabinet approved
Properties that are seized under these
implementation of the commissioner system of
circumstances are referred to as alien
policing for the two cities, Lucknow and Noida.
properties or enemy properties.
• During India-China war in 1962, and India – Commissionerate system and Dual system
Pakistan war in 1965 and 1971, Central
Dual system Commissionerate system
government took over properties of citizens
Dual command structure Unified command
of China and Pakistan in India under the
over the district police structure with the
Defence of India Acts. means that control and Commissioner of Police
o The responsibility of the administration of direction over the police (rank of the Deputy
enemy properties was handed over to the vests with the SP (head Inspector General or
Custodian of Enemy Property for India of district police) and above) as the sole head of
(CEPI), an office under the Central the District Magistrate the force within the city.
government. (executive).
• Enemy Property Act, 1968, defines ‘enemy’ as Separation of powers of Powers of policing and
a country (and its citizens) that committed the DM (e.g., issues magistracy concentrated
arrest warrants and in Commissioner. Directly
external aggression against India (i.e.,
licenses) and the police accountable to state
Pakistan and China). (e.g., investigate crimes government and state
• The expanded definition of the term “enemy and make arrests). police chief. Lesser
subject”, and “enemy firm” under Enemy Therefore, less accountability to the local
Property (Amendment and Validation) Act, concentration of power administration.
2017 include the legal heir and successor of an in the police, and • It gives an integrated
enemy, whether a citizen of India or a citizen accountability to DM at command structure
of a country which is not an enemy; and the the district level. which helps in speedy
succeeding firm of an enemy firm, irrespective decision. It helps fix
responsibility with the
of the nationality of its members or partners.
Commissioner and
• It prohibits Indian citizens who are legal heirs eliminates blame
of enemies from inheriting enemy property game between civil
and brings them within the definition of administration and
‘enemy’. police when
• CEPI, with prior approval of the central something goes
government, may dispose or sale enemy wrong.
properties. • It reduces workload of
• It prohibits civil courts and other authorities District Magistrate
SP is assisted by Commissioner is assisted
from hearing certain disputes relating to
Additional/Assistant/ by Special/ Joint/
enemy property.
Deputy SPs, Inspectors Additional/ Deputy
Custodian of Enemy Property for India (CEPI) and constabulary. Commissioners, etc.
• The Office of the CEPI was set up in the year 1939 Inspector downwards rank
to deal with enemy properties confiscated during structure is the same.
World War II.
• The legal status to the office was given under
Enemy Property Act, 1968.
• It works under the aegis of Ministry of Home
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nation and then apply for an Indian visa to • The Council is empowered to advise the
escape prosecution. Central Government, State Governments and
• List is maintained with inputs from all the State Waqf Boards. It can issue directives to
state governments, central and state the boards/ State Government to furnish
intelligence agencies. information to the Council on the
performance of the board particularly on their
9.6. WAQF PROPERTIES financial performance, survey, revenue
records, the encroachment of Waqf
Why in news? properties, Annual and Audit report, etc.
Recently a programme has been launched for 100
per cent geo-tagging and digitalization of Waqf 9.7. PLACES OF WORSHIP
properties across the country to ensure these (SPECIAL PROVISIONS) ACT 1991
properties can be utilised for the welfare of the
society. Why in news?
About Waqf properties Supreme Court in its Ayodhya verdict mentioned
Places of Worship (Special Provisions) Act, 1991.
• Waqf implies the endowment of property,
moveable or immovable, tangible or About Places of Worship (Special Provisions) Act,
intangible to God by a Muslim, under the 1991.
premise that the transfer will benefit the • The Act declares that the religious character
needy. of a place of worship shall continue to be the
• It typically involves donating a building, plot same as it was on August 15, 1947.
of land or other assets for Muslim religious or • It says no person shall convert any place of
charitable purposes with no intention of worship of any religious denomination into
reclaiming the assets. one of a different denomination or section.
• Waqfs are governed by Waqf Act, 1995. The • It also imposes a positive obligation on the
waqf is managed by a mutawali, who acts as a State to maintain the religious character of
supervisor. every place of worship as it existed at the
• It is similar to a trust established under the time of Independence.
Indian Trusts Act, 1882, but trusts can be set • It declares that all suits, appeals or any other
up for a broader purpose than religious and proceedings regarding converting the
charitable uses. character of a place of worship, which are
• Waqf Board is a juristic person with power to pending before any court or authority on
acquire and hold property and to transfer any August 15, 1947, will abate as soon as the law
such property. The board can sue and be sued comes into force.
in a court as it is recognised as a legal entity or • Exemptions provided: Exemption:
juristic person. Each state has a Waqf Board. o The disputed site at Ayodhya is
Central Waqf Council exempted from the Act.
o The Act also does not apply monuments
• Central Waqf Council is a statutory body and sites covered by the Ancient
under the administrative control of the Monuments and Archaeological Sites and
Ministry of Minority Affairs was set up in Remains Act, 1958.
1964 as per the provision in the Waqf Act, • Penalty: Section 6 of the Act prescribes a
1954 as Advisory Body. punishment of maximum three-years
• The Council consists of Chairperson, who is imprisonment along with a fine for
the Union Minister In-charge of Waqf and contravening the provisions of the Act.
such other members, not exceeding 20 in
number, as may be appointed by the
Government of India. As of now, Union
Minister of Minority Affairs is the ex-officio
Chairperson of the Central Waqf Council.
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