Lec 25 Notes

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1.

Sir Herbert Hope Risley: CSI (4 January 1851 30 September 1911) was a Britis
h ethnographer and colonial administrator, a member of the Indian Civil Service
who conducted extensive studies on the tribes and castes of the Bengal Presidenc
y. He is notable for the formal application of the caste system to the entire Hi
ndu population of British India in the 1901 census, of which he was in charge. A
s an exponent of race science, he used the ratio of the width of a nose to its h
eight to divide Indians into Aryan and Dravidian races, as well as seven castes.
2. GIFT CITY:
Gujrat Intl Finance Tech City. In Jan 2017, PM has inagurated International Exch
ange-India, this exchange is a wholly owned subsidiary of BSE. It will trade in
equities, commodities, interest, derivatives and currency derivatibves in the fi
rst phase.It will operate 22 hrs a day, to allow intl investors and NRI to trade
anywhre across the globe.So, BSE would be investing 500 crore in the next 3 yrs
to develop it further.
GIFT CITY is India's first IFSC(Intl Financia servcies center), which is a fully
integrated city with a walk to work culture, next in class infrastructure, conn
ectivity, people, technology and legal framework. This is situated b/w AMD and G
NDR. Idea was conceived in 2007 in vibrant Guj summit.So it aims to create a fin
ancial hub in india rivalling New York, Shanghai, Dubai.At present, Financial Se
rv contribte only 5% of GDP of India and employs 3 milion people, market capital
of about 200 billion diollar, but expected to double by 2020, 10-11 million ppl
will be employed. Gift city will employ 5 lakh direct jobs and 5 lakh indirect
jobs. For building this GIFT city, A JV has been set up called GIFT Company ltd
with equal participation , of one govet company (Guj urban dev comp ltd) and , I
nfrasructure leasing and Financial services. Architect is East China Architectur
al design nd research Institute. Development is being done in 3 phases of 4 yrs
each , cost id 70 k crores, total area t be developed is 850 acres, the built up
area is 85 million sq ft area with malls, muliplexes, etc.
This will serve as a benchmark for smart cities. This will have an SEZ and tax i
ncentives, Intl Education zone, IT tech firms, stock exchanges, banks, next in c
lass technology is distinct Cooling System (A centralized Cooling system -DCS),
Automated waste collection system-through vacuum system and waste will be treate
d with Plasma Gassification, dedicated power line of 1000 MW with underground ca
bles.
Already two towers has been completed one having Intl Exchange-India.So in 2015,
first phase was officially inagurated.
To promote GIFT City :
MCA (MIN OF CORP AFFAIRS) announced major relaxations for ease of doing business
for companies ding business from GIFT City. ie 5 yrs Exemption from CSR NORMS,
IFSCs have to be licensed under one of the three central regulatory bodies i.e R
BI, SEBI, IRDAI. There would be no transaction Taxes that include STT(Security t
ransaction tax), CTT(commodity), DTT(dividend), and stamp duty operting in GIFT
CITY.
AIMS of gift city:
To capture almost 2 Lac crores which is invested by India exporters mostly in Si
ngapore Stock exchange in Currency Derivatives to hedge for the fluctuations in
the exchange rate.
Ultimate aim is to make all the major exchanges to open branches in GIFT City an
d Indian companies can issues FCCD, ADR,GDR in India itself and also issue ECBs.
RBI has relaxed the norms for Bank companies opening branches here.No CRR, NO SL
R requirements and in these banks no Cash Transactions.
Both BSE and NSE has also signed MOUs to open their Stock Exchanges there.BSE ha
s already opened (name is India Intl Exchange).Trading has commenced.
RBI gov Urjit patel has said that time has come for unified financial regulator
as recommended by Justice Shri Krishna Committe 2012(Financial Sector Legislativ
e Reforms Commission, FSLRC).
NSE has also been given approval by SEBI to open a new exchange there. (will op
en in MId Feb)-NSE IFSC Ltd.
Exchanges to Open (4am to 2 am).
BSE is the oldest SE in India, Biggest by volume of trade. But Biggest by Value
is NSE.
3. MOEF Notification on Automatic Norms which would Kick in after PM 2.5.
AUTOMATIC GRADED SYSTEM.
4. SC recent Judgement on Religion and Section 123.
Manohar Joshi was CM of maharashtra.
SC 7 membber const. bench has ruled that Political parties and leaders cannot as
k for votes in the name of caste, creed or religion only.The SC observed that th
e essence and ethhos of our constituional system is secularism and religion and
politics should not mix.Elections are a secular activity thus religion cannt be
brought in. 4-3 majority judgement. But the court as refused to reexamine the 19
95 judgement(3 MEMBER JUDGEMENT) which equated Hindutva with Hinduism (1990 elec
tion of Maharashtra, Abhiram Singh of BJP was elected from Santa Cruz constiuenc
y, Congress candidate who lost appealed EC that he sought votes on name of Hindu
religion, Bombay High court set aside the election in 1991. He went on appeal t
o SC, 4 other similar cases of Elections set aside were in SC. (Note That EC can
go directly only to the High Courts, Lower courts dont have jurisdiction).1991'
s case judgement is given by SC in 2017.
SC held that Election can be annuled not only if votes are sought in the name of
religion of candidate , but also if the appeal hinges on religion of voters or
candidates' election agents or anyone compaigning with the consent of the candid
ate.
This judgement merely examined the Section 123(3) of RPA 1951.
Section 123 of RPA: talks about corrupt practices.
123(1): talks about bribery.
(2): undue influence to interfere with free exercise of electoral right.
(3): Promotion of or attempt to promote feelings of enmity or hatred b/w diff cl
asses of citizens of india on grounds of religion, race, caste, community or lan
guage by a candidate or his agent or any other person with the consent of the ca
ndidate for the furtherence of the prospects of the election of that candidate o
r prejucially affecting the prospects of other candidate.
This section amended to include glorification of SATI as a corrupt practice.
(4): Any statement or fact which is false to prejudice the prospects of other ca
ndidate.
(5): To provide transportation to any voter to and fro from the polling station.
(6): incurring expenditure more than the prescribed limits.
(7): Obtaining or attempt to obtain any help from a person in service of govt fo
r the furtherance of the prospect of the candidate.
At presnt if any violation takes place under section 123, prez or gov may set as
ide the winning of any candidate on recommendation of EC and apart from that.
Sc in this case aso interpreted the word 'His' : his religion, race, caste, commu
nity or language appearing in section 123(3) would mean the religion, race caste
or community of the candidate or the voter/ elector.
5. Symbols:
Symbols are there because people are illiterate. Symbols alloted are governed by
Election symbols (reservation and allotment) order 1968 given by EC. EC is giv
en the powers by art 324 of the Constitution , section 29 A of RPA 1951 and rule
s 5 and 10 of the conduct of elections rules 1961. Applicable throughout India e
xcept J&K.
For Recognized Pol Parties: A Symbol is reserved which can't be given to any oth
er party.
For National Party: Applicable to whole India.
For State Party: Can be given to diff parties in diff states.
Both SP and TDP have cycle as symbol.
What are different National Parties in India?
Recognition of National Pol parties Criteria:
Trinamool Congress is 7th national party in India.After It was recognized pol pa
rty in 4 states, WB, MANIPUR, TRIPURA, ARUNACHAL PRADESH.
6 other nat parties are: Cong, bjp, NCP, ...
Other registered parties have to use from the list of symbols announced by EC fr
om time to time.
Conditions to be a national party:
- should have won 2% of seats (min 11 seats) from atleast 3 diff states in last
gen elect
or
- 6% of total valid votes in at least 4 states in Lok sabha or assy election and
atleast 4 lok sabha seats
or
-Recognized as a state party in atleast 4 states.(case of Trinamool cong party).
Results of 2014 Lok sabha:
BSP=0, NCP AND CPI would have lost their status, but in Aug EC has amended its r
ule that it will review National and state party status only once in 10 yrs.
Rule for becoming Recog state pol parties:
- Party should win in 3% of total number of seats (>0.5 taken as 1) or min of 3
seats in the assembly.
or
-Should be atleast one seat in Lok sabha for every 25 seats in that state.
or
-At least 6% of total valid votes in last general election to Legislative assy o
f the state and atleast two assy seat in that election.
or
--At least 6% of total valid votes in last general election to Lok Sabha from th
at state and atleast 1 seat to Lok sabha in that election.
or
-8% of total valid votes in the last Lok sabha elections from that state or elec
tion of Legislative assembly.

Candidates put up by registered Political parties will get preference in allotme


nt of free symbols.
So independent cand belong to non recognized parties can choose 3 symbols in ord
er of preference from free symbols in nomination paper.
EC does not include any animals and birds in free symbols to prevent cruelty.
6. Dormant Political Parties:
The Election Commission (EC) has delisted 255 political parties that existed onl
y on paper and has asked the Central Board of Direct Taxes (CBDT) to initiate ap
propriate action, if necessary as it is suspected that many of these dormant par
ties could have been used for money laundering, and thus need scrutiny.
There are around 1900 regd political parties with EC and out of that 400 have ne
ver contested any election.
They don't have to pay any IT. As per EC rules, any donation >20000 pol parties
have to give info regarding the donors to IT. Now EC has delisted 255 from Feb t
o Dec 2016.Max number of this delisted: DELHI> UP> Tamilnadu.
Jan 2017, SC rejected a PIL which challenged the constitutional validity of sect
ion 13 A of IT Act of 1961 which gives exemption to Political Parties.
.

6. EC Derecognizing some registered party:

7. India Innovation Index is going to come.

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