OnlyIAS - UdaanPLUS - INDIAN POLITY

UDAAN 500
PLUS
+
FOR PRELIMS 2021
INDIAN POLITY
CURRENT AFFAIRS
January 2020 to January 2021
covering
+
500
days
ONE
STOP
SOLUTION

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ONLYIAS UDAAN PLUS: POLITY

ABOUT ZERO HOUR ........................................................ 17
1. IMPORTANT ARTICLES IN NEWS ................................... 5
FIFTH WORLD CONFERENCE OF SPEAKERS OF
ARTICLE 80 (1)(A) .............................................................. 5 PARLIAMENT .................................................................. 17
ART. 124 (7) ...................................................................... 5 WHIP .............................................................................. 18
ARTICLE 131 ..................................................................... 5 ADJOURNMENT MOTION ............................................... 18
ARTICLE 164 (1)(A) ............................................................ 5 SUSPENSION OF MEMBERS OF PARLIAMENT ................. 18
ARTICLE 256 ..................................................................... 5 TERMINATION OF SESSION ............................................ 19
ARTICLE 257(1) ................................................................. 6 PARLIAMENTARY COMMITTEES ..................................... 19
ARTICLE 293 (3) ................................................................ 6 OFFICE OF PROFIT........................................................... 20
ARTICLE 363-A .................................................................. 6 JOINT PARLIAMENTARY COMMITTEE (JPC) .................... 20
ARTICLE 371-A .................................................................. 6 FORCE MAJEURE CLAUSE (FMC) ..................................... 20
ARTICLE 371A (1) (B) ......................................................... 6 DEPUTY SPEAKER’S POSITION IN THE LOK SABHA .......... 20
SECTION 69A OF THE IT ACT, 2000 ................................... 6 SUPPLEMENTARY DEMANDS FOR GRANTS .................... 20
CLAUSE 6 OF THE 1985 ASSAM ACCORD (1985) ............... 6 NO-CONFIDENCE MOTION AGAINST DEPUTY CHAIRMAN
OF RAJYA SABHA ............................................................ 21
2. UNION TERRITORIES .................................................... 7
UNPARLIAMENTARY’ SPEECH AND CONDUCT ............... 21
OUTSIDERS CAN BUY LAND IN JAMMU AND KASHMIR UT7 MEMBERS OF PARLIAMENT LOCAL AREA DEVELOPMENT
JAMMU AND KASHMIR’S DOMICILE RULES ...................... 7 SCHEME (MPLADS) ......................................................... 21
J&K OFFICIAL LANGUAGES BILL ........................................ 8
9. JUDICIARY .................................................................. 22
J&K LAND LAWS ............................................................... 8
GUPKAR DECLARATION 2019 ........................................... 8 JUDICIAL ACTIVISM ........................................................ 22
ADMINISTRATION IN THE UT OF JAMMU AND KASHMIR . 8 JUDICIAL OVERREACH .................................................... 22
LADAKH COMMITTEE 2021 .............................................. 8 REVIEW PETITION ........................................................... 22
PUNJAB’S CLAIM OVER CHANDIGARH.............................. 8 SPECIAL LEAVE PETITION ................................................ 22
CURATIVE PETITION ....................................................... 22
3. CITIZENSHIP ................................................................. 9
DOCTRINE OF NEUTRALITY ............................................. 23
NPR, NRC AND CENSUS .................................................... 9 CREAMY LAYER CRITERIA FOR SC/ST IN PROMOTIONS .. 23
DECLARED FOREIGNER ................................................... 10 ANTICIPATORY BAIL........................................................ 23
NRI QUOTA NOT SACROSANCT ...................................... 10 BAIL PROVISIONS............................................................ 24
OVERSEAS CITIZENS OF INDIA (OCI) ............................... 10 ONLINE JUSTICE DELIVERY.............................................. 24
BASICS OF OCI ................................................................ 11 CONTEMPT OF COURT ................................................... 24
SIRIMAVO-SHASTRI PACT (1964).................................... 11 SOCIAL MEDIA POSTING A FUNDAMENTAL RIGHT ......... 25
VOTING RIGHTS TO NON-RESIDENT INDIANS................. 11 RIGHT OF AN ACCUSED................................................... 25
MIGRANT DEFINITION.................................................... 11 RECUSAL OF JUDGES ...................................................... 25
GRAM NYAYALAYAS ....................................................... 26
4. FUNDAMENTAL RIGHTS ............................................. 12
LOK ADALAT ................................................................... 26
REGULATING MINORITIES EDUCATIONAL INSTITUTIONS SPECIAL BENCHES TO HEAR CASES AGAINST LEGISLATORS
(MEI) .............................................................................. 12 ....................................................................................... 27
MINORITY EDUCATIONAL INSTITUTIONS (MEIS) ............ 12 ALL INDIA JUDICIAL SERVICES (AIJS) ............................... 27
ARTICLE 32 ..................................................................... 12 FAST TRACK SPECIAL COURTS (FTSCS) ............................ 27
CONSTITUTIONAL RIGHT TO PROTEST ........................... 13 PARA-LEGAL VOLUNTEERS SCHEME ............................... 27
AMICUS CURIAE ............................................................. 28
5. CENTER STATE RELATION ........................................... 13
2ND NATIONAL JUDICIAL PAY COMMISSION.................. 28
WITHDRAWAL OF GENERAL CONSENT TO CBI ............... 13 E-COURTS MISSION MODE PROJECT............................... 28
NORTH EAST COUNCIL ................................................... 13 NATIONAL JUDICIAL DATA GRID ..................................... 28
JUDICIAL SERVICE CENTRE .............................................. 28
6. INTER-STATE RELATIONS ............................................ 14
E-COMMITTEE OF SUPREME COURT .............................. 28
BELGAUM ISSUE ............................................................. 14 LEGAL INFORMATION MANAGEMENT & BRIEFING
SYSTEM (LIMBS) ............................................................. 28
7. PRESIDENT AND GOVERNOR ...................................... 15
INTEROPERABLE CRIMINAL JUSTICE SYSTEM (ICJS) ........ 28
DISCRETIONARY POWERS OF GOVERNOR...................... 15 PLEA BARGAINING.......................................................... 28
GOVERNOR’S ROLE IN CALLING/SUMMON AN ASSEMBLY CHAPTER PROCEEDINGS ................................................ 29
SESSION ......................................................................... 15
PARDONING POWERS OF GOVERNOR (ART. 161) ........... 15 10. IMPORTANT JUDGEMENTS IN NEWS ........................ 29
8. PARLIAMENT ............................................................. 16 VISHAKA GUIDELINES ..................................................... 29

SHREYA SINGHAL CASE 2015 .......................................... 29
ELECTIONS TO RAJYA SABHA .......................................... 16 SHATRUGHAN CHAUHAN CASE 2014 ............................. 29
PRESIDENT NOMINATES FORMER CJI TO THE RAJYA TMA PAI VS STATE OF KARNATAKA CASE 2002 ............... 29
SABHA ............................................................................ 16 CHANDANA DAS (MALAKAR) VERSUS STATE OF WEST
QUESTION HOUR IN THE PARLIAMENT .......................... 17 BENGAL .......................................................................... 29
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NO FUNDAMENTAL RIGHT TO CLAIM PROMOTIONS IN ATTORNEY GENERAL OF INDIA (ART. 76)......................... 41
RESERVATIONS: ART 16 .................................................. 29 NATIONAL COMMISSION FOR BACKWARD CLASSES
KIHOTO HOLLOHAN VS ZACHILLHU AND OTHERS CASE (NCBC): ........................................................................... 41
1992 ............................................................................... 30
18. STATUTORY BODIES AND COMMISSIONS ................. 42
ANURADHA BHASIN VS UNION OF INDIA & ORS. WRIT PETITION
(CIVIL): ............................................................................. 30 NATIONAL COMMISSION ON MINORITY EDUCATIONAL
UNIFORM CIVIL CODE (UCC): ART 44 (DPSP) .................. 30 INSTITUTIONS (NCMEI) .................................................. 42
KESAVANANDA BHARATI CASE 1973.............................. 31 LAND PORTS AUTHORITY OF INDIA (LPAI) ...................... 42
GOLAKNATH V. STATE OF PUNJAB CASE, 1967 ............... 31 LAW COMMISSION OF INDIA.......................................... 42
PUBLIC PLACES CANNOT BE OCCUPIED INDEFINITELY ... 31 NATIONAL INVESTIGATION AGENCY (NIA) ..................... 43
DELIMITATION COMMISSION ........................................ 43
11. TRIBUNALS............................................................... 32
LOKPAL ........................................................................... 43
CENTRAL ADMINISTRATIVE TRIBUNAL (CAT) ................. 32 CIVIL SERVICES BOARD ................................................... 44
NATIONAL COMMISSION FOR WOMEN ......................... 45
12. STATE LEGISLATURES ............................................... 32
NARCOTICS CONTROL BUREAU (NCB) ............................ 45
GAIRSAIN: SUMMER CAPITAL OF UTTARAKHAND.......... 32 NATIONAL CRIME RECORD BUREAU (NCRB) .................. 45
CONSTITUTIONAL CRISIS IN MAHARASHTRA ................. 32 CENTRAL VIGILANCE COMMISSION................................ 45
KHADI & VILLAGE INDUSTRIES COMMISSION (KVIC) ...... 46
13. LOCAL SELF-GOVERNMENT ...................................... 33
PRESS TRUST OF INDIA (PTI) ........................................... 46
BACK TO VILLAGE (B2V) PROGRAMME .......................... 33 ‘GENERAL CONSENT’ TO CBI ........................................... 46
PEOPLE’S PLAN CAMPAIGN (PPC)- SABKI YOJANA SABKA NATIONAL COMMISSION FOR PROTECTION OF CHILD
VIKAS:............................................................................. 33 RIGHTS (NCPCR) ............................................................. 46
GRAM MANCHITRA ........................................................ 33 NATIONAL COOPERATIVE DEVELOPMENT CORPORATION
SAANSAD ADARSH GRAM YOJANA (SAGY) ..................... 33 (NCDC)............................................................................ 46
DISTRICT DEVELOPMENT COUNCILS (DDCS)................... 33 COMPETITION COMMISSION OF INDIA .......................... 46
RURAL DEVELOPMENT FUND (RDF) ............................... 34 CUSTODIAN OF ENEMY PROPERTY FOR INDIA (CEPI) ..... 47
BILL ON RIGHT TO RECALL PANCHAYAT MEMBER .......... 34 PETROLEUM AND NATURAL GAS REGULATORY BOARD
E-GRAM SWARAJ PORTAL .............................................. 34 (PNGRB) ......................................................................... 47
SWAMITVA SCHEME ...................................................... 35 NATIONAL COMMISSION FOR SAFAI KARAMCHARIS
(NCSK) ............................................................................ 47
14. SCHEDULED & TRIBAL AREAS ................................... 35
BROADCAST AUDIENCE RESEARCH COUNCIL (BARC INDIA)
MINOR TRIBES IN MEGHALAYA ...................................... 35 ....................................................................................... 47
RESERVATION IN FIFTH SCHEDULE AREAS...................... 35 NATIONAL GREEN TRIBUNAL (NGT) ............................... 47
6TH SCHEDULE STATUS .................................................. 36 NATIONAL COMMISSION FOR MINORITIES (NCM) ......... 48
3RD BODO PEACE ACCORD 2020..................................... 37 PERMANENT COMMISSION FOR WOMEN ..................... 48
MIZOS ............................................................................ 37 ENFORCEMENT DIRECTORATE (ED)................................ 49
FIFTH SCHEDULE ............................................................ 37 DIRECTORATE OF REVENUE INTELLIGENCE (DRI) ........... 49
GORKHALAND TERRITORIAL ADMINISTRATION ............. 37 CENTRAL INFORMATION COMMISSION ......................... 49
RASHTRIYA KAMDHENU AAYOG .................................... 49
15. SCHEDULES OF CONSTITUTION................................. 37 NATIONAL HUMAN RIGHTS COMMISSION ..................... 49
SEVENTH SCHEDULE ...................................................... 37 NATIONAL ANTI-DOPING AGENCY (NADA) ..................... 50
SEVENTH SCHEDULE (ARTICLE 246) .................................. 37 ARCHAEOLOGICAL SURVEY OF INDIA (ASI) ..................... 50
EIGHTH SCHEDULE ......................................................... 38 UNIVERSITY GRANTS COMMISSION (UGC) ..................... 50
9TH SCHEDULE ............................................................... 38 FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA
FEDERAL POWERS .......................................................... 38 (FSSAI) ............................................................................ 50
POPULATION CONTROL ................................................. 38 NATIONAL RECRUITMENT AGENCY (NRA) ...................... 50
NATIONAL COUNCIL FOR TRANSGENDER PERSONS ....... 51
16. SPECIAL PROVISIONS FOR SOME STATES .................. 39 NATIONAL PORTAL FOR TRANSGENDER PERSONS ......... 51
BIPLAB KUMAR SARMA COMMITTEE ............................. 39 PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION
J&K DOMICILE RULES ..................................................... 39 (PESO) ............................................................................ 51
KUKI –NAGA MILITANT SIGN PACT ................................. 39 GEOLOGICAL SURVEY OF INDIA (GSI) ............................. 51
2015 FRAMEWORK AGREEMENT ................................... 39 19. ELECTIONS AND POLITICAL PARTIES ......................... 52
INNER LINE PERMITS (ILP) .............................................. 39
ARMED FORCES (SPECIAL POWERS) ACT (AFSPA) 1958 .. 40 REFORMS SUGGESTED TO ANTI-DEFECTION LAW .......... 52
POSTAL VOTING ............................................................. 52
17. CONSTITUTIONAL BODIES ........................................ 40 CRIMINALIZATION OF POLITICS ...................................... 52
REPORT OF THE 15TH FINANCE COMMISSION FOR FY SVEEP PROGRAMME ...................................................... 52
2020-21 .......................................................................... 40 WHY DOES NOTA NOT APPLICABLE TO THE RAJYA SABHA
APPOINTMENT OF ELECTION COMMISSIONER .............. 40 POLLS?............................................................................ 52
COMPTROLLER AND AUDITOR GENERAL (CAG) ............. 41
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DOES CROSS-VOTING ATTRACT DISQUALIFICATION IN NATIONAL COMMISSION FOR INDIAN SYSTEMS OF
RAJYA SABHA POLLS? ..................................................... 52 MEDICINE (NCIM) BILL, 2019 .......................................... 64
CAN A LEGISLATOR VOTE WITHOUT TAKING OATH AS A NATIONAL COMMISSION FOR HOMEOPATHY BILL, 2019
MEMBER OF THE ASSEMBLY IN RAJYA SABHA POLLS? ... 53 ....................................................................................... 64
8TH NATIONAL PARTY .................................................... 53 INSTITUTE OF TEACHING AND RESEARCH IN AYURVEDA
LOSS OF RECOGNIZED STATUS ....................................... 53 BILL, 2020 ....................................................................... 65
INDELIBLE INK ................................................................ 53 NATIONAL LOGISTICS EFFICIENCY AND ADVANCEMENT
ELECTION COMMISSION TACKLING CRIMINALIZATION OF PREDICTABILITY AND SAFETY ACT (NLEAPS) ................... 65
POLITICS ......................................................................... 53 FOREST RIGHTS ACT, 2006.............................................. 65
NEW RULES FOR POSTAL BALLOT ................................... 53 NATIONAL MEDICAL COMMISSION (NMC) ACT 2019 ..... 66
SECRET BALLOT .............................................................. 54 CONSTITUTION (SCHEDULED TRIBES) ORDER
STAR CAMPAIGNERS ...................................................... 54 (AMENDMENT) BILL, 2019 ............................................. 66
PARTY SYMBOLS............................................................. 54 CIVIL DEFENCE ................................................................ 66
PPRTMS-AN ONLINE SYSTEM ......................................... 54 DISASTER MANAGEMENT ACT, 2005.............................. 66
NEW GUIDELINES FOR ABSENTEE VOTING ..................... 55 LEGALISING BETTING IN INDIA ....................................... 67
TRIBUNAL, APPELLATE TRIBUNAL AND OTHER
20. AMENDMENTS, ACTS, LAWS AND BILLS IN NEWS ..... 55
AUTHORITIES (QUALIFICATIONS, EXPERIENCE AND OTHER
MINERALS (OTHER THAN ATOMIC AND HYDRO CARBONS CONDITIONS OF SERVICE OF MEMBERS) RULES, 2020 ... 67
ENERGY MINERALS) CONCESSION (AMENDMENT) RULES, OFFICIAL SECRETS ACT, 1923 .......................................... 68
2021 ............................................................................... 55 INTER-STATE MIGRANT ACT, 1979 ................................. 68
126TH CONSTITUTIONAL AMENDMENT BILL................... 55 ESSENTIAL COMMODITIES ACT (ECA), 1955 ................... 68
ELECTRICITY (RIGHTS OF CONSUMERS) RULES, 2020 ..... 55 ESSENTIAL COMMODITIES (AMENDMENT) ACT, 2020 ... 69
AADHAAR ....................................................................... 56 NATIONAL FOOD SECURITY ACT 2013 (NFSA)................. 69
EWS QUOTA IN STATES .................................................. 56 ENEMY PROPERTY ACT, 1968 ......................................... 69
RTI ACT, 2005 ................................................................. 56 UNLAWFUL ACTIVITIES PREVENTION ACT, 1967 (UAPA) 70
RIGHT TO PROPERTY ...................................................... 57 FOREIGN CONTRIBUTION (REGULATION) AMENDMENT
ARBITRATION AND CONCILIATION (AMENDMENT) ACT, BILL, 2020 ....................................................................... 70
2019 ............................................................................... 58 UNIFORMITY IN STAMP DUTIES ..................................... 70
LABOUR LAWS FRAMEWORK IN INDIA ........................... 58 CONSUMER PROTECTION ACT, 2019 .............................. 70
MOTOR VEHICLE AGGREGATOR GUIDELINES ISSUED .... 58 TEMPORARY SUSPENSION OF TELECOM SERVICES
ARMED FORCES (SPECIAL POWERS) ACT (AFSPA) .......... 58 (PUBLIC EMERGENCY OR PUBLIC SERVICE) RULES, 2017
J&K’S ROSHNI ACT 2001 ................................................. 59 (SUSPENSION RULES) ..................................................... 71
DRAFT DATA CENTRE POLICY, 2020................................ 59 MINERAL LAWS (AMENDMENT) ORDINANCE, 2020....... 71
PESTICIDES MANAGEMENT BILL 2020............................ 59 ANTI-DEFECTION LAW .................................................... 71
MINERAL LAWS (AMENDMENT) ACT, 2020 .................... 59
21. E-GOVERNANCE ....................................................... 73
POCSO AMENDMENT ACT 2019 ..................................... 60
INDIAN PENAL CODE (IPC) AND CODE OF CRIMINAL NATIONAL OPEN DIGITAL ECOSYSTEM (NODE) .............. 73
PROCEDURE (CRPC)........................................................ 60 “IGOT” PORTAL ............................................................... 73
BENGAL EASTERN FRONTIER REGULATION (BEFR) ACT, DIKSHA PORTAL .............................................................. 73
1873 ............................................................................... 60 NATIONAL E-GOVERNANCE SERVICE DELIVERY
HINDU SUCCESSION ACT, 1956 ...................................... 61 ASSESSMENT (NESDA) 2019 ........................................... 73
RIGHT OF DAUGHTERS ................................................... 61 K-FON PROJECT ................................................................. 73
CABLE TV NETWORKS (REGULATION) ACT, 1995............ 61 SAMARTH: E-GOVERNANCE PLATFORM ........................ 74
LAND ACQUISITION, REHABILITATION AND NATIONAL MISSION OF EDUCATION IN INFORMATION
RESETTLEMENT ACT 2013 (2013) ................................... 61 AND COMMUNICATION TECHNOLOGY SCHEME (NMEICT)
KEY PROVISIONS OF NIA (AMENDMENT) ACT 2019 ....... 61 ....................................................................................... 74
MATERNITY BENEFIT AMENDMENT ACT, 2017 .............. 62 INTEGRATED ROAD ACCIDENT DATABASE (IRAD) .......... 74
COMPANIES (AMENDMENT) ACT, 2020 ......................... 62 BHOOMI RASHI PORTAL ................................................. 74
ASSISTED REPRODUCTIVE TECHNOLOGY REGULATION “STATE OF AADHAAR”- A PEOPLE’S PERSPECTIVE’ REPORT
(ART) BILL 2020 .............................................................. 62 ....................................................................................... 74
ANTI-MARITIME BILL, 2019 ............................................ 62 CENTRALISED PUBLIC GRIEVANCES REDRESS AND
CINEMATOGRAPH ACT, 1952 ......................................... 63 MONITORING SYSTEM ................................................... 74
EPIDEMIC DISEASE ACT, 1897 ........................................ 63 COWIN APPLICATION ...................................................... 75
LAW INVOKED DURING LOCKDOWN .............................. 63 ONLINE DISPUTE RESOLUTION ....................................... 75
INDIA’S DOMESTIC LAWS TO DEAL WITH HEALTH DEFENCE LAND MANAGEMENT SYSTEM ........................ 75
EMERGENCIES ................................................................ 64 HUMAN RESOURCE MANAGEMENT SYSTEM (HRMS) .... 75
NATIONAL SECURITY ACT (NSA), 1980 ........................... 64 PRAGATI ......................................................................... 75
UNMANNED AIRCRAFT SYSTEM RULES, 2020 ................ 64 23RD NATIONAL CONFERENCE ON E-GOVERNANCE IN
PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC MUMBAI ........................................................................ 76
TECHNIQUES (PCPNDT) ACT, 1994 ................................. 64
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NEW AND EMERGING STRATEGIC TECHNOLOGIES (NEST) DEMOCRACY INDEX 2019 ............................................... 85
....................................................................................... 76 FREEDOM IN THE WORLD 2020 REPORT ........................ 85
NATIONAL DATA AND ANALYTICS PLATFORM (NDAP) GLOBAL BRIBERY RISK MATRIX ....................................... 86
VISION DOCUMENT........................................................ 76 PUBLIC AFFAIRS INDEX-2020 .......................................... 86
DISHA DASHBOARD........................................................ 76 RULE OF LAW INDEX 2020 .............................................. 86
HUMAN FREEDOM INDEX 2020...................................... 86
22. IMPORTANT COMMITTEES IN NEWS ........................ 77
WOMEN, BUSINESS & THE LAW INDEX........................... 86
RANBIR SINGH COMMITTEE ........................................... 77 ANNUAL STATUS OF EDUCATION REPORT (ASER) 2019 . 87
JUSTICE AMITAVA ROY COMMITTEE .............................. 77 CORRUPTION PERCEPTIONS INDEX (CPI) 2020 ......................... 87
N R MADHAVA MENON COMMITTEE, 2014 ................... 77
BIMAL JULKA COMMITTEE ............................................. 77
NATIONAL CRISIS MANAGEMENT COMMITTEE (NCMC) 77
JUSTICE JAIN COMMITTEE .............................................. 77
R P TIWARI COMMITTEE................................................. 77
RAMGOPAL RAO COMMITTEE ....................................... 78

EMPOWERED GROUP OF SECRETARIES (EGOS).............. 78

RANJANA PRAKASH DESAI COMMISSION....................... 78
NATIONAL LEVEL COMMITTEE FOR REFORM IN CRIMINAL

LAW................................................................................ 78
ECI COMMITTEE ON EXPENDITURE LIMIT ...................... 78
SURYA PRAKASH COMMITTEE ....................................... 78
COMMISSION TO EXAMINE SUB CATEGORIZATION OF
OTHER BACKWARD CLASSES (OBCS)............................... 79

23. MISCELLANEOUS ...................................................... 79

PRISON MANUAL (2016): ............................................... 79
NATIONAL DISASTER RESPONSE FORCE (NDRF) ............. 79
PRIME MINISTER’S NATIONAL RELIEF FUND (PMNRF) ... 79
PM-CARES FUND ............................................................ 80
COVID-19 NOTIFIED A DISASTER UNDER STATE DISASTER
RESPONSE FUND (SDRF) ................................................. 80
ONE NATION ONE LANGUAGE ....................................... 80
SARDAR PATEL NATIONAL UNITY AWARD...................... 80

PRINCIPLE OF ‘STRICT LIABILITY’ .................................... 80

‘CARUNA’ INITIATIVE FORMED BY CENTRAL CIVIL

SERVICES OFFICERS ........................................................ 81
CUSTODIAN OF ENEMY PROPERTY FOR INDIA (CEPI) ..... 81
INDENTURED LABOUR LAWS IN BRITISH INDIA .............. 81
DISTRICT MINERAL FOUNDATION (DMF) FUNDS ........... 81
GENERAL FINANCIAL RULES (GFR).................................. 82
LEGISLATION AGAINST TORTURE ................................... 82
MISSION KARMAYOGI .................................................... 82
BLUE CORNER NOTICE.................................................... 82
GENOCIDE CONVENTION/ CONVENTION ON THE
PREVENTION AND PUNISHMENT OF THE CRIME OF
GENOCIDE ...................................................................... 82
INTERNET SHUTDOWNS................................................. 83
INTEGRITY PACT (IP) ....................................................... 83
STATE DISASTER RELIEF FUND (SDRF) ............................ 83
ETHICAL CODE FOR ELECTRONIC MEDIA ........................ 83
NATIONAL HINDI DIVAS ................................................. 84
WORLD HINDI DAY 2020 ................................................ 84

NON- PERSONAL DATA................................................... 84

NARCO TEST ................................................................... 84
RAPID ACTION FORCE..................................................... 84

INSTITUTE OF NATIONAL IMPORTANCE ......................... 84

24. INDEXES/REPORTS IN NEWS .................................... 85
DATA GOVERNANCE QUALITY INDEX: NITI AAYOG ........ 85
NCRB REPORT 2019 ........................................................ 85
4


Ø between the Government of India and any
1. IMPORTANT ARTICLES IN
State or States on one side and one or more
NEWS other States on the other; or
ARTICLE 80 (1)(a) Ø between two or more States

§ Recently former CJI Ranjan Gogoi was EXCEPTION:
nominated to Rajya Sabha § The dispute must involve a question (whether of
§ Article 80(1)(a) read with Article 80(3) of the law or fact) on which the existence or extent of
Constitution of India provides that the President a legal right depends.
can nominate to Rajya Sabha, 12 persons having § The jurisdiction shall not extend to a dispute
special knowledge, or practical experience in arising out of any treaty, agreement or other
respect of literature, science, art and social similar instrument which having been entered
service. into or executed before the commencement of
this Constitution continues in operation after
ART. 124 (7)
such commencement or which provides that the
§ Art 124 (7) provides that retired Supreme Court said jurisdiction shall not extend to such a
judge cannot plead or act in any court or before dispute.
any authority within the territory of india.
§ This provision only restricts post-retirement § There have been two conflicting judgements
appointment in judiciary itself but not in post of from the supreme court by coordinate benches
president, Governor, member of parliament etc. on whether a state can file an original suit under
there is no cooling off period before a judge article 131 to challenge the constitutionally of a
following his/her retirement. central law.
§ First judgement reported in 2012: state of MP
ARTICLE 131
Vs Union of India held the states cannot
§ Recently, the Kerala government has moved challenge a central law under Article 131
the Supreme Court against the Citizenship § Second judgement reported in 2015: state of
(Amendment) Act. This will make Kerala the first Jharkhand vs state of Bihar – took the opposite
state to challenge the law under Article 131 of view in 2015 and referred the question of law to
the Constitution. a larger bench of the supreme court for final
§ Article 131: vests the Supreme Court with determination.
original jurisdiction over disputes occurring
between states or between states and the ARTICLE 164 (1)(a)
Centre. § Art. 164 (1)(a) of the Constitution prescribed
§ The original jurisdiction means the power to that the total number of Ministers, including the
hear a case for the first time, as opposed to Chief Minister, in the Council of Ministers in a
appellate jurisdiction in which the court reviews State shall not exceed 15% of the total number
the decision of a lower court. of members of the Legislative Assembly of that
§ Further, unlike the original jurisdiction under State.
Article 32 which gives the top court (SC) the § This provision was introduced through the 91st
power to issue writs but the jurisdiction in Constitution (Amendment) Act, 2003.
Article 131 is exclusive meaning it is only the
Supreme Court which has this authority. ARTICLE 256
§ Disputes on which Article 131 can be used: § Art. 256 obligates the State government to
The Supreme Court shall to the exclusion of any ensure implementation of the laws made by
other court have original jurisdiction in any Parliament.
dispute on: § Whenever State government fails to do so, the
Ø between the Government of India and one or Government of India is empowered to give “such
more States; or

5


directions to a State as may appear.... to be agreements which was entered into or executed
necessary”. before the commencement of our Constitution
§ The refusal to enforce the law even after the by any Ruler of an Indian State and to which the
Centre issues directions would empower the Government was a party.
President to impose President’s Rule in those
States under Articles 356 and 365. ARTICLE 371-A
§ The Supreme Court of India has also confirmed Parliament cannot legislate in the matter relating
this reading of the law in S.R. Bommai v. Union to religious/social practices of Nagas, Naga
of India. customary law, and procedure, transfer of land &
resources unless the state Assembly decides to do
ARTICLE 257(1) so.
§ It states that the executive power of every State
shall be so exercised as not to impede or ARTICLE 371A (1) (b)
prejudice the exercise of the executive power of § It applies exclusively to Nagaland and bestows
the Union. upon the governor “special responsibility with
§ It also authorizes the Union to give such respect to law and order”
directions to a State as may appear to the § According to the provision, the governor, for all
Government of India to be necessary for that practical purposes, has the final say on all
purpose matters related to the state’s law and order and
§ In case if the state failed to comply with (or to on what constitutes law and order
give effect to) any directions given by the Centre
under Article 257(1), it will be lawful for the SECTION 69A OF THE IT ACT, 2000
President to impose President’s rule under § Recently, India has banned 59 apps
Article 356. originating from China.
§ Under Section 69A of IT Act 2000, if a website
ARTICLE 293 (3)
threatens India's defence, its sovereignty and
§ Recently, Centre allows additional borrowing by integrity, friendly relations with foreign
20 States under Art. 293 (3). countries and public order, the government can
§ Article 293(3) of the Constitution requires states ban it, after following due procedure.
to obtain the Centre’s consent in order to borrow
in case the state is indebted to the Centre over a CLAUSE 6 OF THE 1985 ASSAM ACCORD (1985)
previous loan. § Recently, government appointed committee had
§ Every single state is currently indebted to the submitted its recommendations for
Centre and thus, all of them require the Centre’s implementation of Clause 6 of the Assam Accord,
consent in order to borrow. a key provision that has been contentious for
§ Centre has been exercising this power in decades. The government made the report
accordance with the recommendations of the public recently
Finance Commission (Art. 280) § The committee was set up by the Home
§ Centre can impose conditions only when it gives Ministry in 2019 was Headed by retired High
consent for state borrowing, and it can only give Court judge Biplab Kumar Sarma.
such consent when the state is indebted to § Brief was to define the “Assamese people” and
Centre. suggest measures for the safeguard of their
rights.
ARTICLE 363-A

§ Inserted by Constitution (Twenty-sixth Clause 6 of the Accord
Amendment) Act, 1971 (Privy Purse Ended the anti-foreigners Assam Agitation from
amendment). 1979-85 envisages constitutional, legislative and
§ Article 363 bars the interference of the court administrative safeguards for protecting, preserving
in the disputes arising out of any treaties or
6


and promoting the culture, social, linguistic identity
2. UNION TERRITORIES
and heritage of the Assamese people.
OUTSIDERS CAN BUY LAND IN JAMMU AND
STUDENT NOTE: KASHMIR UT

§ Ministry of Home Affairs (MHA) has
introduced the ‘Union Territory of Jammu and
Kashmir Reorganisation (Adaptation of Central
Laws) Third Order, 2020’.
§ Permanent Residents: The term permanent

residents of the State’ has been removed from

important provisions of laws.
§ No domicile or permanent resident
certificate is required to buy land in Jammu and
Kashmir. Urban or non-agricultural land can be
sold to outsiders.
§ Implementation of RERA: Real Estate

(Regulation & Development) Act, 2016 has been

notified in the J&K.
§ Jammu and Kashmir Industrial Development
Corporation (JKIDC): It has been established to
acquire, promote and sell land for the purpose of
industrial undertakings.
§ Declaration of “Strategic Area”: An Army

officer not below the rank of Corps Commander

can declare an area as “Strategic Area” within a
local area, only for direct operational and
training requirements of the armed forces.
§ Contract Farming: permits contract farming on
agricultural lands. Nothing shall prohibit the

transfer of ownership of land for ‘contract

farming’, or grant of lease or mortgage for the

loan. Earlier, it was limited to the mortgage for
loans.
§ Usage of agricultural land: No sale, gift,
exchange or mortgage of the land shall be valid
in favour of a person who is not an agriculturist.
§ However, the government may allow transfer of
land in favour of a person or an institution for
the purpose of promotion of healthcare or senior
secondary or higher or specialized education in
J&K.
JAMMU AND KASHMIR’S DOMICILE RULES

§ Recently, the Ministry of Home Affairs (MHA)
has issued the Jammu and Kashmir
Reorganisation (Adaptation of State Laws)
Order, 2020
§ It amended 109 laws and repealed 29 laws of the
erstwhile State and inserted the ‘domicile’
7


clause in the Jammu and Kashmir Civil Services § Declaration called for a joint fight to “safeguard
(Decentralisation and Recruitment) Act, 2010 J&K’s special status, Article 370 and 35A”
§ The clause for ‘permanent resident of the
State’ under the 2010 Act, has been substituted ADMINISTRATION IN THE UT OF JAMMU AND
by ‘Domicile’ of the UT KASHMIR
§ Only permanent residents of J&K were eligible to § The Ministry of Home Affairs (MHA) has
apply for the gazetted and non-gazetted posts notified new rules for administration in the
but now non - domiciles can also apply for Union Territory of Jammu and Kashmir that
these posts specify the functions of the Lieutenant
§ Criteria for Domiciles (Someone who has Governor (LG) and the Council of Ministers.
resided for a period of 15 years in the UT of J&K § Police, public order, All India Services and
or Someone who has studied for a period of anti-corruption will fall under the executive
seven years and appeared in Class 10th/12th functions of the LG, the Chief Minister or the
examination in an educational institution Council of Ministers will have no say in their
located in the UT of J&K etc.). functioning.
§ Proposals or matters which affect or are likely to
J&K OFFICIAL LANGUAGES BILL affect the peace and tranquility of the UT or the
§ Union Cabinet has approved J&K Official interest of any minority community, the
Languages Bill 2020 Scheduled Castes, the Scheduled Tribes and the
§ The bill approves Kashmiri, Dogri and Hindi as Backward Classes “shall essentially be
the official language of Jammu and Kashmir submitted to the Lieutenant Governor
apart from the existing Urdu and English. through the Chief Secretary, under
intimation to the Chief Minister, before
J&K LAND LAWS issuing any orders.”
§ Centre has notified new land laws for the Jammu § In case of difference of opinion between the LG
and Kashmir UT region, ending the exclusive and a Minister when no agreement could be
rights enjoyed by the local population over reached even after a month, the “decision of the
land under the now-diluted Article 370. Lieutenant Governor (LG) shall be deemed to
§ 11 land laws were repealed including J&K Big have been accepted by the Council of
Landed Estates Abolition Act that had resulted in Ministers”.
the famous ‘land to tiller’ rights.
§ Under the newly introduced J&K Development LADAKH COMMITTEE 2021
Act, the term “being permanent resident of § To protect the language, culture and land of
the State” as a criterion has been “omitted”, Union Territory of Ladakh
paving the way for investors outside J&K to § Committee headed by the Minister of State for
invest in the UT. Home (G. Kishan Reddy) and also will include
§ An Army officer not below the rank of Corps elected representatives from Ladakh, Ladakh
Commander can declare an area as “Strategic Autonomous Hill Development Council, central
Area” within a local area, only for direct government, and the Ladakh administration.
operational and training requirements of the § This will ensure citizen's participation in the
armed forces development
GUPKAR DECLARATION 2019 PUNJAB’S CLAIM OVER CHANDIGARH

§ Gupkar Declaration is a pact to fight for the § Chandigarh was planned to replace Lahore, the
restoration of J&K’s special status capital of erstwhile Punjab, which became part
§ The Declaration was signed by six political of Pakistan during the Partition.
parties, including Congress and regional parties § From 1952 to 1966, Chandigarh remained the
of the state, on August 4, 2019, just a day before capital of Punjab.
the abrogation of J&K’s special status.
8


§ At the time of reorganisation of Punjab in
3. CITIZENSHIP
1966 (Shah Commission Recommendations),
the city assumed the unique distinction of being NPR, NRC AND CENSUS
the capital of both Punjab and Haryana, even
As protests spread all across the country against the
as it was declared a union territory and was
Citizenship (Amendment) Act (CAA), 2019 and
placed under the direct control of the Centre
the proposed National Register of Citizens (NRC),
§ The then PM Indira Gandhi had announced that
West Bengal and Kerala suspended work related to
Haryana, in due course, would have its own
the preparation and update of the National
capital and Chandigarh would go to Punjab.
Population Register in their respective States.
§ Haryana Government recently suggested that it

would be better if both Haryana and Punjab NATIONAL POPULATION REGISTER (NPR)
agreed on Chandigarh as a Union Territory and § The NPR is a database containing a list of all
make their independent capitals and Benches of usual residents of the country with
High Courts. demographic and biometric details, was
supposed to be prepared between April 2020
STUDENT NOTES:
and September 2020 ahead of the Census

slated for 2021.
§ Objective is to create a comprehensive
identity database of every usual resident in the
country.
§ The NPR was first collected in 2010 and then
updated in 2015.

§ It is being prepared at the local (Village/sub-

Town), sub-District, District, State and
National level under provisions of the
Citizenship Act 1955 and the Citizenship
(Registration of Citizens and issue of National
Identity Cards) Rules, 2003.

§ It is mandatory for every usual resident of

India to register in the NPR.
§ The National Population Register (NPR) is a
register of “usual residents” of the country. It
includes both Indian citizens as well as a
foreign citizen.

A “usual resident” is defined for the purposes of

NPR as a person who has resided in a local area for
the past 6 months or more or a person who intends
to reside in that area for the next 6 months or more.

§ It is generated through house-to-house
enumeration during the “house listing” phase of
the census, which is held once in 10 years.

LINK BETWEEN THE NPR AND AADHAAR:
§ Both databases of NPR and Aadhaar will exist
with different objectives, and that each will use
the other’s biometric data.

9


§ In case of discrepancy between Aadhaar and taken to set up detention centers outside jail
NPR data, the latter would prevail. premises and “hire any private premises” if
“suitable government accommodations are
LEGAL BASIS FOR THE NPR: not available for the purpose”.
§ While the census is legally backed by the
Census Act, 1948, the NPR is a mechanism FOREIGNERS TRIBUNALS IN ASSAM
outlined in a set of rules framed under the § The tribunals are quasi-judicial bodies, to
Citizenship Act, 1955. determine if a person staying illegally is a
§ Section 14A was inserted in the Citizenship Act, “foreigner” or not.
1955, in 2004, providing for the compulsory § Each FT member is appointed under the
registration of every citizen of India and the Foreigners Tribunal Act, 1941 and
issue of a “national identity card” to him or her. Foreigners Tribunal Order, 1984 as per the
§ It also said the Central government may guidelines issued by the government from time
maintain a “National Register of Indian to time.
Citizens”. § Every individual, whose name does not figure in
§ The Registrar General India shall act as the the final NRC, can represent his/her case in front
“National Registration Authority” (and will of the appellate authority i.e., Foreigners
function as the Registrar General of Citizen Tribunals (FT).
Registration).
§ National Register Citizens (NRC) is a subset of NRI QUOTA NOT SACROSANCT
the NPR; since NPR consist of all residents in the § Supreme Court has held that Private colleges
country. and institutions that offer professional and
§ NRC will be prepared at the local, sub district, technical courses have a complete discretion to
district and State levels after verifying the do away with their Non-Resident Indian (NRI)
citizenship status of the residents. quota of seats after giving reasonable prior
§ Details of those “whose citizenship is notice.
doubtful” will be given an opportunity of being § It is not sacrosanct and candidates under the
heard by the Sub district or Taluk Registrar of quota cannot assert their right to be
Citizen Registration before a final decision is admitted.
made on excluding them from the NRC. § The judgment came in an appeal against the
§ The decision should be made within 90 days. change in seat matrix introduced in private
§ Any person aggrieved by an exclusion order can medical and dental colleges in Rajasthan for
appeal to the District Registrar within 30 postgraduate courses.
days.
§ In case, the appeal succeeds, the names of those OVERSEAS CITIZENS OF INDIA (OCI)
concerned would be added to the NRC.
§ Recently, the High Court of Karnataka held that
DECLARED FOREIGNER Students under the OCI category are to be
considered as “citizens of India” for admission
§ A Declared Foreigner (DF) is a person marked by to professional courses.
Foreigners’ Tribunal (FT) for allegedly failing § Government of India launched the ‘Overseas
to prove their citizenship after the State police’s Citizenship of India (OCI) Scheme’ by
Border wing marks him or her as an illegal making amendments to Citizenship Act, 1955
immigrant. in 2005.
§ The Guwahati High Court has said that people § Eligibility: Individuals who do not have
declared as foreigners cannot be kept in jails that citizenship of any other country are not eligible
serve as detention centers, depriving them of to gain an OCI status and Individuals whose
basic human rights and human dignity. parents or grandparents hold citizenship of
§ The court has also issued a notice to the Assam Pakistan and Bangladesh are not eligible to
government to submit a report on the steps apply.
10


BASICS OF OCI Indians (NRIs) to cast their votes from overseas
through postal ballots
§ Section 7(D) says the OCI registration may be

cancelled if it was obtained by means of fraud,
Postal Ballot is a type of voting whereby
false representation or the concealment of any
Electronically Transmitted Postal Ballot Papers
material fact; or if the OCI has shown disaffection (ETPB) are distributed to electors and returned by
towards the Constitution of India, or unlawfully post
traded or communicated with an enemy (in case
of a war) or has been sentenced to imprisonment § ECI informed the government that it is ready to
for a term of not less than two years within five extend the Electronically Transmitted Postal
years after registration as an OCI, or if it is Ballot System (ETPBS) to voters abroad for
necessary to do so in the interest of the elections in 2021 in some states.
sovereignty and integrity of India. § To extend ETPBS to overseas voters,
§ The OCI scheme provides facilities such as government only needs to amend the Conduct
lifelong visa, exemption from registration of Election Rules 1961 and doesn’t require
with the Foreigners Regional Registration Parliament’s permission/approval.
Office and parity with non-resident Indians § Any NRI interested in voting through the postal
(NRIs) in economic, financial and educational ballot will have to inform the Returning Officer
fields except in matters relating to the (RO) not later than five days after the
acquisition of agricultural properties. notification of the election.
§ No parity is allowed in the sphere of political
and public employment rights. NRIs or an Overseas Elector is “a person who is a
§ Citizen of Pakistan and Bangladesh are not citizen of India, absent from the country owing to
eligible to apply for OCI. employment, education etc., has not acquired
citizenship of any other country and are otherwise
SIRIMAVO-SHASTRI PACT (1964) eligible to be registered as a voter in the address
mentioned in your passport”.
§ Signed in 1964 between Prime Ministers
Sirimavo Bandaranaike and Lal Bahadur Shastri. § Voting rights for NRIs were introduced only in
§ It is known as the “Agreement on Persons of 2011, through an amendment to the
Indian Origin in Ceylon”, this pact allowed for Representation of the People Act 1950.
the repatriation of nearly 6 lakh persons of § An NRI can vote in the constituency in her place
Indian origin who were taken to Sri Lanka over of residence, as mentioned in the passport, is
a century ago by the British to work in the tea, located.
coffee and coconut plantations there. § He/She can only vote in person and will have to
§ In turn, Sri Lanka agreed to grant citizenship to produce her passport. Earlier, Representation of
a section of Indians who had gone to Sri Lanka to the People (Amendment) Bill, 2017 that
work in its tea plantations. proposed to extend proxy voting to overseas
§ Later, a follow-up agreement called the Indians lapsed on dissolution of 16th Lok Sabha.
“Sirimavo-Gandhi Pact” was signed between
Prime Ministers Bandaranaike and Indira MIGRANT DEFINITION
Gandhi for the repatriation of 75,000 more § The Census defines a migrant as a “person
persons of Indian origin. residing in a place other than his/her place of
§ Those repatriated to India were resettled in birth (Place of Birth definition) or one who has
parts of Tamil Nadu, Kerala, Karnataka, and changed his/ her usual place of residence to
Andhra Pradesh. another place (change in usual place of
residence or UPR definition)”.
VOTING RIGHTS TO NON-RESIDENT INDIANS
§ The number of internal migrants in India was
§ Election Commission of India (ECI) approached 450 million as per the most recent 2011 census.
the Ministry of Law to permit Non-Resident

11


4. FUNDAMENTAL RIGHTS MINORITY EDUCATIONAL INSTITUTIONS
(MEIS)
REGULATING MINORITIES EDUCATIONAL § National Commission for Minority Educational
INSTITUTIONS (MEI) Institutions (NCMEI) Act defines MEI as a college
§ Recently, the Supreme Court has held that state or an educational institution established and
can regulate minority institutions in administered by a minority or minorities.
“national interest”. § The Constitution of India does not define the
§ The judgment came while hearing a petition term minority.
challenging the validity of West Bengal § The NCMEI Act defines minority means a
Madrasah Service Commission Act, 2008 which community notified as such by the Central
constituted a commission to appoint teachers Government.
in madrasas, recognised as minority § NCMEI Act defines minority means a community
institutions. notified as such by the Central Government
§ The court referred to the TMA Paivs State of § As per notification of the Government of India,
Karnataka 2002 case while deciding this case. there are 6 notified religious minority
§ The National Commission for Minority communities - Muslim, Sikh, Christian,
Educational Institutions (NCMEI) Act defines Buddhist, Parsis and Jain.
MEI as a college or an educational institution § No linguistic minority has been notified by
established and administered by a minority or the Central Government till date. Thus, linguistic
minorities. minorities are outside the purview of the NCMEI.
§ The National Commissioner for Linguistic § Once conferred a status of minority educational
Minorities (NCLM), established under Article institution, there is no need for its renewal
350B of the Constitution has less power than periodically.
the NCMEI. § Some states have their own guidelines for
§ It can only review safeguards for the recognition and certification.
protection of linguistic minority rights and § MEIs are out of purview of reservation policy
make recommendations to the parliament under Article 15.
based on its findings. § Minority educational institutions can have a
§ Central government has declared six reservation of up to 50 percent for the student
communities as minorities at national level of their own community.
under Section 2 (c) of the National § They can also have separate fee structure but
Commission for Minorities (NCM) Act, 1992. not allowed to charge capitation fee.
§ The national level minority communities are § Section 12 of Right to Education Act (RTE)
Muslims, Sikhs, Buddhists, Christians, 2009, which mandates 25% reservation for
Zoroastrians (Parsis) and Jains. children belonging to economically weaker
§ Central government has so far not granted section (EWS), is also not applicable on MEI.
minority status to the Jewish community.
ARTICLE 32
NCMEI § Recently a Supreme Court Bench headed by
§ NCMIE is quasi-judicial body, regulates the Chief Justice of India S. A. Bobde observed that it
certification of minority educational institutions is “trying to discourage” individuals from filing
all over India. petitions under Article 32 of the Constitution.
§ Its Chairman should be who has been a Judge of § Article 32 is one of the fundamental rights
the High Court and three members are to be listed in the Constitution that each citizen is
nominated by Central Government. entitled.
§ It has the powers of a Civil Court. It has both § Article 32 deals with the ‘Right to
original and appellate jurisdiction in such Constitutional Remedies’, or affirms the right
matters, as laid down by the SC in Joseph of to move the Supreme Court by appropriate
Cluny v/s The State of West Bengal case.
12


proceedings for the enforcement of the rights
5. CENTER STATE RELATION
conferred in Part III of the Constitution.
§ It states that the Supreme Court “shall have WITHDRAWAL OF GENERAL CONSENT TO CBI
power to issue directions or orders or writs,
§ Recently, the Maharashtra government
whichever may be appropriate, for the
withdrew its general consent to the Central
enforcement of any of the rights conferred by
Bureau of Investigation (CBI) to probe cases in
this Part”.
the State.
§ When it comes to violation of fundamental
§ What is consent? à CBI is governed by the
rights, an individual can approach the High
Delhi Special Police Establishment (DPSE)
Court under Article 226 and Supreme Court
Act, 1946 that makes consent of a state
directly under Article 32.
government mandatory for conducting
§ During the Constituent Assembly debates in
investigation in that state.
1948, Dr B R Ambedkar had called Article 32 as
§ There are two kinds of consent:
the “soul and heart of the Constitution”.
1. Case Specific: As CBI has jurisdiction only

over central government departments and
Habeas Related to personal liberty in cases
employees, it can investigate a case
corpus of illegal detentions and wrongful
involving state government employees or a
arrests.
violent crime in a given state only after that
Mandamus Directing public officials,
state government gives its consent.
governments, courts to perform a
2. General consent: It is normally given to
statutory duty.
help the CBI seamlessly conduct its
Quo To show by what warrant is a
investigation into cases of corruption
warranto person holding public office.
against central government employees in
Prohibition Directing judicial or quasi-judicial
the concerned state. Almost all states have
authorities to stop proceedings
given such consent.
which it has no jurisdiction for.
§ General consent withdrawal means the CBI will
Certiorari Re-examination of an order given
not be able to register any fresh case
by judicial, quasi-judicial or
involving a central government official or a
administrative authorities.
private person stationed in the state without
CONSTITUTIONAL RIGHT TO PROTEST getting case-specific consent.
§ CBI would still have the power to investigate
§ The Supreme Court has said that farmers have a
old cases registered when general consent
constitutional right to continue with their
existed. Also, cases registered anywhere else
“absolutely perfect” protest as long as their
in the country, but involving people stationed in
dissent against the three controversial
Maharashtra would allow CBI’s jurisdiction to
agricultural laws did not slip into violence.
extend to this state.
§ The right to protest peacefully is enshrined in

the Indian Constitution—Article 19(1)(a)
CBI
guarantees the freedom of speech and
§ It is the premier investigating police agency in
expression; Article 19(1)(b) assures citizens
India which functions under the Department of
the right to assemble peaceably and without
Personnel, Ministry of Personnel, Pension&
arms.
Public Grievances.
§ However, these rights are also subject to
§ It is governed by the provisions of the DSPE
reasonable restrictions mentioned under
Act,1946.
Article 19(2).
§ It is also the nodal police agency in India which

coordinates investigation on behalf of

Interpol Member countries.
NORTH EAST COUNCIL

13


§ Recently, the Union Home Minister has
6. INTER-STATE RELATIONS
chaired the 69th meeting of the North East
Council (NEC) in Shillong, Meghalaya. BELGAUM ISSUE
§ The North Eastern Council is the nodal agency
§ Recently, Bus services between Kolhapur and
for the economic and social development of the
Belgaum were suspended after the decades-old
North Eastern Region.
border dispute related to Belgaum between
§ NE Council consists of the eight States of
Maharashtra and Karnataka flared up again.
Arunachal Pradesh, Assam, Manipur,
§ The dispute between Maharashtra and
Meghalaya, Mizoram, Nagaland, Sikkim and
Karnataka over Belgaum and other border
Tripura.
areas is a long-standing issue between the two
§ It was constituted in 1971 by separate Act of
states.
Parliament.
§ The erstwhile Bombay Presidency, a
§ Composition: The Union Home Minister is ex-
multilingual province, included the present-
officio Chairman and the MoS (IC) DoNER is the
day Karnataka districts of Bijapur, Belgaum,
ex-officio Vice-Chairman of the NEC.
Dharwar and Uttara-Kannada (previously North
§ NE Council is an apex level advisory Body, for
Kanara).
securing balanced and coordinated
§ However, the States Reorganisation Act of
development and facilitating effective co-
1956, which divided states on linguistic and
ordination among the members of NEC.
administrative lines, made Belgaum a part of
§ Significance of North East Council (NEC): The
the then Mysore State (renamed Karnataka in
NEC has been working to raise livelihoods in
1973).
the North-East besides launching several

projects, which shows how important the role of
MAHAJAN COMMISSION (1966)
NEC is.
§ The Maharashtra government contested the
§ The constitution of the Council has marked the
inclusion and lodged a protest with the Centre
beginning of a new chapter of concerted and
in September 1957. This led to the formation of
planned endeavour for the rapid development
the Mahajan Commission under former Chief
of the Region.
Justice Mehr Chand Mahajan in October 1966.

§ The Commission, which submitted its report in
August 1967, recommended that 264 villages be
transferred to Maharashtra and that Belgaum
and 247 villages remain with Karnataka.
§ Maharashtra rejected the report and
continues to claim over 865 villages along the
border, as well as Belgaum city, which are
currently part of Karnataka.

STUDENT NOTES

14


§ Recently, the Kerala Governor has turned down
7. PRESIDENT AND GOVERNOR
a request to summon a special sitting of the
DISCRETIONARY POWERS OF GOVERNOR Assembly to debate the new central farm laws.
§ Article 174 says that the Governor shall from
§ A Constitution Bench judgment of the SC has
time to time summon the House or each House
held that, a Governor is bound to convene a
of the Legislature of the State to meet at such
meeting of the Assembly for a floor test on
time and place as he thinks fit.
the recommendation of the Cabinet.
§ The provision puts the responsibility on the
§ In Nabam Rebia Vs Deputy Speaker 2016
Governor to ensure that the House is
case, SC held that a Governor cannot employ his
summoned at least once every six months.
‘discretion’, and should strictly abide by the “aid
§ Although it is the Governor’s prerogative to
and advice” of the Cabinet to summon the
summon the House, according to Article 163, the
House.
Governor is required to act on the “aid and
§ The Governor can summon, prorogue and
advice” of the Cabinet.
dissolve the House only on the aid and advice
§ So, when the Governor summons the House
of the Council of Ministers with the Chief
under Article174, this is not of his or her own
Minister as the head and not at his own.
will but on the aid and advice of the Cabinet.
§ Governor’s discretionary powers are limited to
§ There are a few instances where the Governor
specified areas like giving assent or
can summon the House despite the refusal of the
withholding/referring a Bill to the President
Chief Minister who heads the Cabinet.
or appointment of a Chief Minister or
§ When the CM appears to have lost the
dismissal of a government which has lost of
majority and the legislative members of the
confidence but refuses to quit, etc.
House propose a no-confidence motion against
§ The area for the exercise of his discretion is
the CM, then the Governor can decide on his or
limited, even in this limited area, Governor’s
her own on summoning the House.
choice of action should not be arbitrary or
§ But the actions of the Governor, when using his
fanciful.
discretionary powers can be challenged in
§ It must be a choice dictated by reason,
court.
actuated by good faith and tempered by
SUPREME COURT’S OPINION
caution.
§ The landmark 2016 Constitution Bench
Article 163
ruling in which the Supreme Court looked into
The article 163 explains about discretionary powers
the constitutional crisis in Arunachal
of governor, under which it states the following:
Pradesh after the Governor had imposed
§ If any question arises the decision of the
President’s Rule in the state.
Governor in his discretion shall be final, and the
§ The court read the power to summon the House
validity of anything done by the Governor
as a “function” of the Governor and not a
shall not be called in question on the ground
“power” he enjoys.
that he ought or ought not to have acted in his
discretion. PARDONING POWERS OF GOVERNOR (Art. 161)
§ The question whether any, and if so what, advice
was tendered by Ministers to the Governor shall § Article 161 deals with the Pardoning Power of
not be inquired into in any court. the Governor.
§ Thus Article 163 of the Constitution does not § Tamil Nadu Governor will make a decision on a
give the Governor a “general discretionary plea for the release of a prisoner. The prisoner is
power to act against or without the advice of undergoing life imprisonment for the
his Council of Ministers” assassination of former Prime Minister Rajiv
Gandhi in 1991.
GOVERNOR’S ROLE IN CALLING/SUMMON AN § The Governor can grant pardons, reprieves,
ASSEMBLY SESSION respites and remissions of punishments or
suspend, remit and commute the sentence of
15


any person convicted of any offence against any
8. PARLIAMENT
law relating to a matter to which the executive
power of the state extends. ELECTIONS TO RAJYA SABHA
Ø Pardon: means completely absolving the
§ The biennial elections for 55 Rajya Sabha seats
person of the crime and letting him go free. The
will take place on March 26, 2020. The
pardoned criminal will be like a normal citizen.
announcement was made by the Election
Ø Commutation: means changing the type of
Commission recently.
punishment given to the guilty into a less harsh
§ The Constitution provides that the Rajya Sabha
one, for example, a death penalty commuted to a
shall consist of 250 members, of which 12
life sentence.
members shall be nominated by the
Ø Reprieve: means a delay allowed in the
President from amongst persons having
execution of a sentence, usually a death
special knowledge or practical experience in
sentence, for a guilty person to allow him some
respect of such matters as literature, science, art
time to apply for Presidential Pardon or some
and social service; and not more than 238
other legal remedy to prove his innocence or
representatives of the States and of the Union
successful rehabilitation.
Territories.
Ø Respite: means reducing the quantum or
§ Elections to the Rajya Sabha are indirect.
degree of the punishment to a criminal in view
§ Members representing States are elected by
of some special circumstances, like pregnancy,
elected members of legislative assemblies of
mental condition etc.
the States in accordance with the system of
Ø Remission: means changing the quantum of
proportional representation by means of the
the punishment without changing its nature,
single transferable vote.
for example reducing twenty-year rigorous
§ Members representing Union Territories are
imprisonment to ten years.
chosen in such manner as Parliament may by

law prescribe.
Difference between the pardoning powers of § The Rajya Sabha is not subject to dissolution;
the President and the Governor: one-third of its members retire every second
§ The Governor cannot Pardon a Death
year.
Sentence but the President can Pardon a Death
§ According to Section 154 of the Representation
Sentence. of the People Act 1951, a member chosen to fill a
§ The Governor can only suspend, remit or casual vacancy will serve for the remainder of
commute a death sentence. his predecessor’s term of office.
§ The Governor cannot grant pardon, reprieve,
§ Members of a state’s Legislative Assembly vote
respite, suspension, remission or commutation in the Rajya Sabha elections in what is called
in respect to punishment or sentence by a court- proportional representation with the Single
martial. But the President can do so. Transferable Vote (STV) system. Each MLA’s
vote is counted only once.
STUDENT NOTES:
PRESIDENT NOMINATES FORMER CJI TO THE
RAJYA SABHA

§ The President of India has nominated former
Chief Justice of India to the Rajya Sabha (Upper
House).
§ Under Article 80 of the Constitution, the Council

of States (Rajya Sabha) is composed of not more
than 250 members of whom 12 are
nominated by the President of India from
amongst persons who have special knowledge
or practical experience in respect of such
16


matters as literature, science, art and social Unstarred Requires a written answer
service. Question and hence, supplementary
questions cannot follow.
Powers and Privileges of Nominated members It is one that is asked by
§ Nominated members enjoy all powers, Short Notice giving a notice of less than
privileges and immunities available to an Question ten days. It is answered
elected member of Parliament. orally.
§ They take part in the proceedings of the House
as any other member. § The question should be related to an area of
§ However, they are not entitled to vote in the responsibility of the Government of India and
election of the President of India. But in the the questions should not seek information about
election of the Vice-President of India, they matters that are secret or are under adjudication
have a right to vote. before courts.
§ A nominated member is allowed six months, § Final Authority: The presiding officers of the
should he decide to join a political party after he two houses are the final authority with respect
has taken his seat in the House in terms of to the conduct of Question Hour.
article 99 of the Constitution. § Exceptions: Question Hour in both Houses is
§ A nominated member has also been exempted held on all days of the session, but there are two
from filing his assets and liabilities under days when an exception is made.
Section 75A of the Representation of the Peoples § There is no Question Hour on the day the
Act, 1951 which requires the elected member to President addresses MPs from both Houses in
do so within 90 days of his making or the Central Hall.
subscribing oath/affirmation. § Question Hour is not scheduled either on the
day the Finance Minister presents the Budget.
QUESTION HOUR IN THE PARLIAMENT
ABOUT ZERO HOUR
§ Recently Lok Sabha Secretariat officially
released the schedule for the monsoon § Unlike the question hour, the zero hour is not
Parliament session with Question Hour being mentioned in the Rules of Procedure.
dropped. Zero Hour will also be restricted in § It is an informal device available to the
both Houses. members of the Parliament to raise matters
§ Also, in the wake of ongoing COVID-19, Lok without any prior notice.
sabha and Rajya Sabha suspended question § The zero hour starts immediately after the
hours (This was not the 1st time when question question hour and lasts until the agenda for the
hour is suspended in the past). day is taken up.
§ Question Hour is the liveliest hour in § The time gap between the question hour and
Parliament, during this one hour that MPs ask the agenda of the day is known as zero hour.
questions of ministers and hold them § It is an Indian innovation in the field of
accountable for the functioning of their parliamentary procedures and has been in
ministries. existence since 1962.
§ Question hour is mentioned in Rules of
FIFTH WORLD CONFERENCE OF SPEAKERS OF
Procedure, and not in the constitution.
PARLIAMENT
§ The questions that MPs ask are designed to
elicit information and trigger suitable action by § Lok Sabha Speaker has attended the inaugural
ministries. ceremony of the Fifth World Conference of
§ There are three kinds of questions: Speakers of Parliament.
§ Organized by: The Conference is being
Starred Question Requires an oral answer organized jointly by the Inter-Parliamentary
and hence supplementary Union (IPU) and the Parliament of Austria
questions can follow. with the support of the United Nation (UN).

17


§ Aim: To strengthen multilateralism and ADJOURNMENT MOTION
international cooperation in order to rebuild a
§ Recently, an adjournment motion notice was
better world.
moved in the Lok Sabha over the surveillance of
§ Theme: “Parliamentary leadership for more
key Indian personalities by a firm linked to the
effective multilateralism that delivers peace and
Chinese government.
sustainable development for the people and
§ Adjournment motion is introduced only in the
planet”.
Lok Sabha to draw the attention of the House to

a definite matter of urgent public importance.
INTER-PARLIAMENTARY UNION (IPU)
§ It involves an element of censure against the
§ It was established in 1889 as a global
government, therefore Rajya Sabha is not
organization of national parliaments.
permitted to make use of this device.
§ Aim: To promote parliamentary dialogue world-
§ It is regarded as an extraordinary device as it
wide and works for peace and cooperation
interrupts the normal business of the House. It
among the people.
needs the support of 50 members to be
§ Significance: IPU has permanent observer
admitted.
status at the United Nations General Assembly.
§ The discussion on this motion should last for
§ Headquarters: Geneva, Switzerland.
not less than two hours and thirty minutes.
§ However, right to move a motion for an
WHIP
adjournment of the business of the House is
§ Congress chief whip in the Rajasthan Legislative subject to the following restrictions.
Assembly has moved the Supreme Court against Raise a matter which is definite, factual, urgent
a State High Court direction to the Speaker to and of public importance.
maintain status quo in the disqualification Ø Not cover more than one matter.
proceedings initiated against ousted MLAs Ø Be restricted to a specific matter of recent
under the anti-defection law. occurrence.
§ A whip is an official of a political party who Ø Not raise a question of privilege.
acts as the party’s ‘enforcer’ inside the Ø Not revive discussion on a matter that has
legislative assembly or house of parliament. been discussed in the same session.
§ Parties appoint a senior member from among Ø Not deal with any matter that is under
their House contingents to issue whips - this adjudication of court.
member is called a Chief Whip, and he/she is Ø Not raise any question that can be raised on
assisted by additional Whips. a distinct motion.
§ India inherited the concept of the whip from the
British parliamentary system. SUSPENSION OF MEMBERS OF PARLIAMENT
§ Role of whips: They try to ensure that their § Recently, eight Rajya Sabha MPs were
fellow political party legislators attend voting suspended for unruly behaviour in the House
sessions and vote according to their party’s and the motion was passed by a voice vote.
official policy. § The Chairman of Rajya Sabha is empowered
§ A legislator may face disqualification under Rule Number 255 to “direct any Member
proceedings if she/he disobeys the whip of the whose conduct is in his opinion grossly
party unless the number of lawmakers defying disorderly to withdraw immediately” from
the whip is 2/3rd of the party’s strength in the the House.
house. Disqualification is decided by the Speaker § Unlike the Speaker, however, the Rajya Sabha
of the house. Chairman does not have the power to suspend
§ Limitations of whip: There are some cases such a Member. The House may, by another motion,
as Presidential elections where whips cannot terminate the suspension.
direct a Member of Parliament (MP) or Member § The Chairman may name a Member who
of Legislative Assembly (MLA) to vote in a disregards the authority of the Chair or abuses
particular fashion.

18


the rules of the Council by persistently and § Parliamentary Committees are established to
willfully obstructing” business. study and deal with various matters that
§ The House may adopt a motion suspending cannot be directly handled by the legislature due
the Member from the service of the House for a to their volume.
period not exceeding the remainder of the § Constitutional Provision: Indian Constitution
session. mentions two kinds of parliamentary
committees under Article 118 (1) of the
TERMINATION OF SESSION constitution:
§ The Lok Sabha adjourned sine die recently in 1. Standing Committees
what is being termed one of the shortest 2. Ad Hoc Committees
sessions in India’s parliamentary history, but
which was packed with 25 Bills. Classification of committees in Parliament on basis
§ A sitting of Parliament can be terminated by of their work, their membership and the length of
adjournment or adjournment sine die or their tenure:
prorogation or dissolution (in the case of the
Lok Sabha). 1. Departmentally related Standing
§ Adjournment suspends the work in a sitting for Committees:
a specified time, which may be hours, days or § These are committees that examine bills,
weeks. budgets and policies of ministries
§ Adjournment sine die means terminating a § There are 24 such committees and between
sitting of Parliament for an indefinite period. them, they focus on the working of different
§ In other words, when the House is adjourned ministries.
without naming a day for reassembly. § Each committee has 31 MPs, 21 from Lok
§ The power of adjournment as well as Sabha and 10 from Rajya Sabha.
adjournment sine die lies with the presiding § They have a tenure of one year, then they are
officer (Speaker or Chairman) of the House. reconstituted and their work continues
throughout the term of a Lok Sabha.
§ Ministers are not members; key committees
The President issues a
like those related to Finance, Defence, Home etc.
notification for prorogation of
the session after the business of a are usually chaired by Opposition MPs.

Prorogation session is completed and the
2. Joint Parliamentary Committees (JPC):
presiding officer declares the
§ They are constituted for a specific purpose, with
House adjourned sine die. The
MPs from both Houses.
President can also prorogue the

House while in session. 3. Select Committee:
Only the Lok Sabha is subject § They are formed for examining a particular
to dissolution. Rajya Sabha, Bill and its membership is limited to MPs
being a permanent House, is not from one House.
subject to dissolution. A § Example: In 2019, Rajya Sabha referred the
Dissolution dissolution ends the life of the Surrogacy (Regulation) Bill, 2019 to a Select
existing House, and a new Committee of 23 of its MPs from different
House is constituted after parties.
general elections are held. The § Since Select Committees are constituted for a
President is empowered to specific purpose, they are disbanded after their
dissolve the Lok Sabha. report.

PARLIAMENTARY COMMITTEES
A bill can reach a committee for examination in
§ In the current Lok Sabha, 17 Bills have been three ways:
referred to committees.

19


1. When the minister piloting the Bill § A JPC is authorised to collect evidence in oral or
recommends to the House that his Bill be written form or demand documents in
examined by a Select Committee of the House or connection with the matter.
a joint committee of both Houses. § The proceedings and findings of the committee
2. If the minister makes no such motion, it is up are confidential, except in matters of public
to the presiding officer of the House to decide interest.
whether to send a Bill to a departmentally § The government can take the decision to
related Standing Committee. withhold a document if it is considered
3. A Bill passed by one House can be sent by the prejudicial to the safety or interest of the State.
other House to its Select Committee. § The Speaker has the final word in case of a
dispute over calling for evidence.
NOTE: The report of the committee is of a § The committee can invite interested parties for
recommendatory nature. inquiry and summon people to appear before it.
OFFICE OF PROFIT FORCE MAJEURE CLAUSE (FMC)

§ Joint Parliamentary Committee on Office of • Force Majeure (FM) means extraordinary
Profit is deliberating on whether an MP can events or circumstance beyond human
continue to teach at a university and if this draws control such as an event described as an act of
the provisions of “Office of Profit” rules. God (like a natural calamity)
§ Under Article 102 (1) and Article 191 (1) of • A force majeure clause provides temporary
the Constitution, MP or an MLA (or an MLC) is reprieve to a party from performing its
barred from holding any office of profit under obligations under a contract when an event
the Central or State government. occurs which the parties could not have
§ If an MLA or an MP holds a government office anticipated and controlled.
and receives benefits from it, then that office is
termed as an “office of profit”. DEPUTY SPEAKER’S POSITION IN THE LOK
§ Makers of the Constitution wanted that SABHA
legislators should not feel obligated to the § Constitutional Provisions: Article 93
Executive in any way, which could influence § The constitutional office of the Deputy Speaker
them while discharging legislative functions. of the Lok Sabha is more symbolic of
parliamentary democracy than some real
JOINT PARLIAMENTARY COMMITTEE (JPC) authority.
§ The Joint Committee of Parliament on the Data § There is no need to resign from their original
Protection Bill sought an affidavit from Twitter party though as a Deputy Speaker, they have to
Inc., the U.S.-based parent company of the social remain impartial.
media platform, asking them to explain why it § They act as the presiding officer in case of leave
had shown Ladakh as a part of China. or absence caused by death or illness of the
§ A Joint Parliamentary Committee (JPC) is set up Speaker of the Lok Sabha.
to examine a particular bill presented before § Usually, the Deputy Speaker is elected in the
the Parliament, or for the purpose of first meeting of the Lok Sabha after the
investigating cases of financial irregularities in General elections from amongst the members of
any government activity. the Lok Sabha.
§ The JPC is an ad-hoc body. § It is by convention that position of Deputy
§ It is set up for a given period of time and is aimed Speaker is offered to opposition party in
at addressing a specific issue. India.
§ In order to set up a JPC, a motion is passed in one
House and supported by the other House. SUPPLEMENTARY DEMANDS FOR GRANTS
§ The committee’s members are decided by § Article 115: Supplementary, additional or
Parliament. excess grants.
20


§ Article 116: Votes on account, votes of credit MEMBERS OF PARLIAMENT LOCAL AREA
and exceptional grants. DEVELOPMENT SCHEME (MPLADS)
§ This are grants needed for government
§ Ministry of Statistics and Programme
expenditure over and above the amount for
Implementation (MoSPI) has made amendments
which Parliamentary approval was already
to the Members of Parliament Local Area
obtained during the Budget session.
Development Scheme (MPLADS) guidelines.
§ The Centre has sought Parliament approval for
§ The amendments allow Members of Parliament
Supplementary Demands for Grants.
(MPs) to recommend funds for purchase of
§ When grants, authorised by the Parliament, fall
medical testing and screening equipment for
short of the required expenditure, an estimate is
government hospitals and setting up of other
presented before the Parliament for
related facilities in their respective
Supplementary or Additional grants.
constituencies, to contain COVID-19.
§ These grants are presented and passed by the
§ MPLADS scheme was introduced in 1993.
Parliament before the end of the financial year.
§ Central Sector Scheme under MoSPI.
§ When actual expenditure incurred exceeds the
§ It aims to provide a mechanism for MPs to
approved grants of the Parliament, the Ministry
recommend works of developmental nature
of Finance presents a Demand for Excess Grant.
based on locally felt needs.
NO-CONFIDENCE MOTION AGAINST DEPUTY § The annual MPLADS fund entitlement per MP
CHAIRMAN OF RAJYA SABHA constituency is INR 5 crore.
§ Elected MPs (LS): can recommend works in
§ Rajya Sabha Chairman recently rejected the no- their respective constituencies.
confidence motion moved by the Opposition § Elected MPs (RS): can recommend works
against the Deputy Chairman saying that it is anywhere in state from which they are elected.
“not admissible under the rules”. § Nominated MPs (LS & RS): may select works
§ A no-confidence motion against the Deputy for implementation anywhere in the country.
Chairman is a first in parliament and the
convention is that Deputy Chairman should not
preside over house sessions till the matter is
settled.
§ Opposition parties have accused Deputy
Chairman of violating the parliamentary
procedures in trying to pass the farm sector Bills
in haste, circumventing all demands for proper
voting.
UNPARLIAMENTARY’ SPEECH AND CONDUCT

§ There are phrases and words literally in
thousands, both in English and in other Indian
languages, that are “unparliamentary”.
§ Lok Sabha Secretariat has brought out a bulky
tome titled ‘Unparliamentary Expressions’,
the 2004 edition of which ran into 900 pages
(The state legislatures too are guided mainly by

the same book).
STUDENT NOTES:
§ The Presiding Officers - Speaker of Lok Sabha
and Chairperson of Rajya Sabha - have the job of
keeping these bad words out of Parliament’s
records. (under Rule 380 and Rule 381)


21


§ Under Supreme Court Rules, 1966 such a
9. JUDICIARY
petition needs to be filed within 30 days from
JUDICIAL ACTIVISM the date of judgement or order.
§ Judgment will be reviewed by same bench of
§ Judicial activism is a judicial philosophy that
judges.
motivates judges to depart from the traditional
precedents in favour of progressive and new SPECIAL LEAVE PETITION
social policies.
§ Under Art. 136, SC has power to grant special
§ Judicial activism is manifested when the
permission or leave to an aggrieved party to
Supreme Court (or High Court) becomes an
appeal against an order passed in any of the
activist and compels the authority to act and
lower courts or tribunals in India (an aggrieved
sometimes also direct the government,
party can appeal to higher authorities against
government policies and also administration.
any judgement passed).
§ Instances of judicial Activism by the Supreme
§ The Special Leave Petition shall not apply to
Court include:
any judgment or order handed down by any
Ø Directing the Centre to create a new policy to
court or tribunal involving the armed forces.
handle drought
This is the only exclusion as is given in the
Ø Directing the Centre to set up a bad loans
clause 2 of Article 136.
panel
Ø Reforming Board for the Control of Cricket in CURATIVE PETITION
India (a private body)
§ Recently, one of the convicts in the Nirbhaya
JUDICIAL OVERREACH Case has filed a curative petition in the Supreme
Court after the apex court had issued the death
§ There is a very thin line between activism
warrants against all four convicts.
and overreach.
§ A curative petition may be filed after a review
§ Judicial Overreach refers to an extreme form of
plea against the final conviction is dismissed.
judicial activism where arbitrary and
§ It is meant to ensure there is no miscarriage of
unreasonable interventions are made by the
justice and to prevent abuse of process.
judiciary into the domain of the legislature or
§ A curative petition is usually decided by judges
executive.
in chamber unless a specific request for an open-
§ This is a situation where the court encroaches
court hearing is allowed.
upon the role of the legislature by making laws.
§ Curative petition is decided on the basis of
§ Instances of judicial overreach by the
principles laid down by the Supreme Court in
Supreme Court include:
Rupa Ashok Hurra Vs Ashok Hurra &
Ø Denying the executive any role in the
another, 2002 (entertained for violation of
appointment of judges by instituting
Principles of Natural Justice).
collegiums (an extra- constitutional body).
§ The Supreme Court held that in order to prevent
Ø Invalidating the National Judicial
abuse of its process and to cure gross
Accountability Commission Act (NJAC), 2014
miscarriage of justice, it may reconsider its
seeking to ensure transparency and
judgements in exercise of its inherent powers.
accountability in higher judiciary.
§ For this purpose, the Supreme Court has devised
REVIEW PETITION what has been termed as a curative petition.
§ The petitioner will have to establish that there
§ Under Article 145(e), the Supreme Court is
was a genuine violation of principles of
authorized to make rules as to the conditions
natural justice
subject to which the court may review any
§ Once the curative petition, the last judicial
judgement or order.
resort available for redressal of grievances in
§ It is discretionary right of court and review is
a court of law, is dismissed the convicts can
filed in the same court.
seek a pardon from the president article 72 of

22


the constitution says the president has the Singh vs Lachhmi Gupta Case, related to
power to grant pardons etc. and to suspend, reservations in promotions for SC/ST.
remit or commute sentences in certain cases. § M. Nagaraj Vs Union of India Case (2006) the
§ Delhi prison rules specify a minimum 14 days Supreme Court upheld the constitutional
between the receipt of the communication of the validity of reservations for SCs and STs to
mercy petition and the scheduled date of include promotions with three conditions.
execution. 1. Quantifiable data on the backwardness of
Scheduled Castes (SC) and Scheduled Tribes
CONSTITUTIONAL BACKGROUND: (ST)
§ The concept of the curative petition is supported 2. The facts about their inadequate
by Article 137 of the Indian Constitution. representation
§ It provides that in the matter of laws and rules 3. The overall administrative efficiency
made under Article 145, the Supreme Court has § The Centre approached supreme Court that the
the power to review any judgement verdict in the M Nagraj case put unnecessary
pronounced (or order made) by it. conditions in granting quota benefits.
§ Such a petition needs to be filed within 30 days § Thus, In Jarnail Singh vsLachhmi Gupta Case
from the date of judgement or order. (2018) Supreme Court allowed for grant of
quota for promotions in the government jobs to
DOCTRINE OF NEUTRALITY SCs and STs without the need to "collect
§ In recent times, constitutional offices have come quantifiable data".
under the scanner of Supreme Court (SC) on the
grounds of political neutrality. CONCEPT OF CREAMY LAYER
§ Through its various judgements, SC has § The concept has its genesis in the Indira
highlighted the need for authorities like Sawhney Case (1992). Supreme Court asked
Speaker and Governor to be faithful to the Government to define the criteria by fixation
doctrine of neutrality and not vacillate under of income, property or status.
“prevailing political pressures”. § Currently creamy layer criteria are applicable
§ Karnataka Case (Speaker in question): On to Other backward classes (OBCs) in
various petitions filed by former dissident reservation.
Karnataka legislators against the Speaker’s § At present, Group A and Group B officers of
decision to disqualify them for defection, the SC both Central and State Government, Employees
said: “if Speaker is not able to disassociate from of Armed Forces and PSUs along with people
his political party and behaves contrary to the earning more than 8 lakh per annum come
spirit of the neutrality and independence, such under the purview of Creamy layer.
person does not deserve to be reposed with
public trust and confidence”. ANTICIPATORY BAIL
§ It is a bedrock of a constitutional democracy. § The Supreme Court has recently held that the
§ Neutrality is about being ‘a third’ vis-à-vis a protection of anticipatory or pre-arrest bail
conflict between others. cannot be limited to any time frame or “fixed
§ The claim of neutrality is a claim addressed to period”.
the belligerent parties to show respect for the § A five-judge Constitution bench headed by
choice of the neutral and not to become involved Justice Arun Mishra said the court could
in their conflict. extend pre-arrest bail, with suitable
conditions, under Section 438 of the Code of
CREAMY LAYER CRITERIA FOR SC/ST IN Criminal Procedure (CrPC).
PROMOTIONS § The bench was hearing a matter regarding
§ The Central Government has demanded for a whether anticipatory bail should be limited to a
review of 2018 Supreme Court Verdict in Jarnail particular period.

23


§ According to court, the protection of e-Courts Mission Mode Project of Department of
anticipatory or pre-arrest bail cannot be Justice, Ministry of Law and Justice, Government of
limited to any time frame or “fixed period” as India for the District Courts across the country.
denial of bail amounts to deprivation of the Providing Video Conference facilities for 488 Court
fundamental right to personal liberty. complexes and 342 jails.
§ According to court, Section 438 (anticipatory
bail) of the Code of Criminal Procedure protects CONTEMPT OF COURT
people from the ignominy of detention in jail for § While the basic idea of a contempt law is to
days on end and disgrace to their reputation. punish those, who do not respect the orders of
§ When any person has reason to believe that he the courts, in the Indian context, contempt is also
may be arrested on an accusation of having used to punish speech that lowers the dignity of
committed a non- bailable offence, he may the court and interferes with the administration
apply to the High Court or the Court of of justice.
Session for a direction under this section; and § Article 129 of the Constitution conferred on the
that Court may, if it thinks fit, direct that in the Supreme Court the power to punish contempt
event of such arrest, he shall be released on of itself and Article 215 conferred a
bail. corresponding power on the High Courts.
§ Section 10 of The Contempt of Courts Act of
BAIL PROVISIONS
1971 defines the power of the High Court to
§ In a judgement, the Supreme Court has held that punish contempt’s of its subordinate courts.
an accused, irrespective of the merits of the case § The Constitution also includes contempt of court
against him, should be granted “default” or as a reasonable restriction to the freedom of
“compulsive” bail if the investigating agency speech and expression under Article 19, along
does not complete the probe within a prescribed with elements like public order and defamation.
time limit under section 167(2) of the Code of § The punishment for contempt of court is simple
Criminal Procedure. imprisonment for a term up to six months
§ Also, Magistrates have to mandatorily inform and/or a fine of up to Rs. 2,000.
the accused, especially those from the poor § Fair and accurate reporting of judicial
sections, of their statutory right to apply for proceedings and fair criticism on the merits of a
default bail. judicial order after a case is heard and disposed
of will not amount to contempt of court
ONLINE JUSTICE DELIVERY
§ Contempt of court can be of two kinds:
§ The Supreme Court recently passed directions 1. Civil, that is the willful disobedience of a
for all courts across the country to extensively court order or judgment or willful breach
use video-conferencing for judicial proceedings of an undertaking given to a court.
so that the congregation of lawyers and litigants 2. Criminal, that is written or spoken words
can be avoided to maintain social distancing or any act that scandalizes the court or
amid the coronavirus pandemic. lowers its authority or prejudices or
§ Supreme Court invoked its power under interferes with the due course of a judicial
Article 142 of the Constitution to validate all proceeding or interferes/obstructs the
proceedings through video-conferencing. administration of justice.
§ Article 142 of the Constitution allows the
Supreme Court to pass any order necessary for There is no requirement for the Supreme Court to
doing complete justice in any cause or matter take Attorney General’s consent in initiating a
pending before it. criminal contempt proceeding on its own as it
§ Kerala High Court also conducted court exercises “inherent power” under the Constitution
proceedings through video conferencing and in issuing the show cause notice.
also live streamed the proceedings.


24


CONTEMPT OF COURTS ACT, 1971 secure justice must not be denied to any citizen
§ Act divides contempt into civil contempt and by reason of economic or other disabilities, and
criminal contempt. provides for free legal aid.
§ Civil contempt is a ‘willful disobedience to any
judgment, decree, direction, order, writ or other SC: A S Mohammed Rafi vs State of Tamil Nadu
processes of a Court. § The case was dealt in 2010, when a situation
§ ‘Criminal contempt’ is ‘the publication (whether arose from a confrontation between a lawyer
by words, spoken or written, or by signs, or by and policemen in Coimbatore in 2006.
visible representation, or otherwise) of any § Immediately the lawyers passed a resolution to
matter. not support the policemen. But the Madras
High Court said it is an unprofessional move
SOCIAL MEDIA POSTING A FUNDAMENTAL after which lawyers appealed in the Supreme
RIGHT Court.
§ The Tripura High Court has ordered that social
media posting is a fundamental right. OPINION OF THE SUPREME COURT:
§ In a landmark order, the Tripura High Court has § Supreme Court in a statement said that, passing
ordered the police to refrain from prosecuting a such resolution against such accused is wholly
man who was earlier arrested over a social illegal, against all traditions of the bar and
media post. against professional ethics.
§ Chief Justice Akil Kureshi also barred the § The society has a right to be defended in a court
police from making any further arrests in of law and correspondingly, it is the duty of the
connection with the case. lawyer to defend him.
§ The Chief Justice in his order remarked that
RECUSAL OF JUDGES
posting on social media was tantamount to a
“fundamental right” applicable to all citizens, § Andhra High Court rejects plea for recusal of
including government employees. judge from hearing petitions filed against the
§ The Chief Justice passed the order after lawyers proposed sale of government land in Guntur and
moved the court against the arrest of Youth Visakhapatnam districts under “Mission Build
Congress activist Arindam Bhattacharjee over A.P.”
his post on a social media platform. In § Recusal is the removal of oneself as a judge or
compliance with the court’s order, the police policymaker in a particular matter, especially
have now erased Sections 120(B) and 153(A) because of a conflict of interest.
of the Indian Penal Code from the First § Recusal usually takes place when a judge has a
Information Report. conflict of interest or has a prior association with
the parties in the case.
RIGHT OF AN ACCUSED § Grounds for Recusal:
§ The Karnataka High Court observed that it is Ø The judge is biased in favour of one party,
unethical and illegal for lawyers to pass or against another, or that a reasonable
resolutions against representing accused in objective observer would think he might be.
court. Ø Interest in the subject matter, or
§ Article 22(1) gives the fundamental right to relationship with someone who is interested
every person not to be denied the right to be in it.
defended by a legal practitioner of his or her Ø Background or experience, such as the
choice. judge’s prior work as a lawyer.
§ Article 14 provides for equality before the law Ø Personal knowledge about the parties or
and equal protection of the laws within the the facts of the case.
territory of India. Ø Ex parte communications with lawyers or
§ Article 39A, part of the Directive Principles of non-lawyers.
state policy, states that equal opportunity to Ø Rulings, comments or conduct.
25


§ There are no written rules on the recusal of be drawing the same salary and deriving the
judges from hearing cases listed before them in same powers as First Class Magistrate
constitutional courts. It is left to the discretion working under High Courts.
of a judge. § These presiding officers (Nya Adhikari) are to be
§ However, in taking oath of office, judges, both of appointed by the State Government in
the Supreme Court and of the high courts, consultation with the High Court.
promise to perform their duties, to deliver
justice, “without fear or favour, affection or POWERS:
ill-will”. § They shall exercise the powers of both Criminal
and Civil Courts which are specified in the First
SUPREME COURT: Schedule and the Second Schedule to the Act.
Justice J. Chelameswar in his opinion in Supreme § It can deal with cases where Offences (Schedule
Court Advocates-on-Record Association v. Union of 1 and 2) are not punishable with death,
India (2015) held that “Where a judge has a imprisonment for life or imprisonment for a
pecuniary interest, no further inquiry as to term exceeding two years, offences under
whether there was a ‘real danger’ or ‘reasonable states acts, offences related to central acts, civil
suspicion’ of bias is required to be undertaken”. and property suits.
§ They are not bound by the rules of evidence
GRAM NYAYALAYAS provided in the Indian Evidence Act,1872 but
§ The Supreme Court has directed the states to shall be guided by the principles of natural
establish Gram Nyayalayas within four weeks’ justice and subject to any rule made by the High
time span. Court.
§ Gram Nyayalayas are mobile village courts
established under Gram Nyayalayas Act, 2008. APPEALS:
§ The Gram Nyayalayas should be established for § Appeal in criminal cases shall lie to the Court of
every Panchayat at the intermediate level or Session, which shall be heard and disposed of
a group of contiguous Panchayats at within a period of six months from the date of
intermediate level in a district or where there is filing of such appeal.
no Panchayat at intermediate level in any § Appeal in civil cases shall lie to the District
State for a group of contiguous Panchayats. Court, which shall be heard and disposed of
§ They are aimed at providing speedy and within a period of six months from the date of
inexpensive justice to people in rural areas at filing of the appeal.
their doorsteps.
LOK ADALAT
§ The primary focus of the Gram Nyayalaya is to
bring about conciliation between the parties. § Lok Adalat creates history by settling 2.61 lakh
§ First and second schedules of the Gram cases in Karnataka.
Nyayalaya Act can be amended by both the § Lok Adalat (People’s Court) is an alternative
central and state governments. dispute resolution mechanism.
§ Presently only 11 states have taken steps to § The forum can settle cases pending on
notify Gram Nyayalayas so far and not a single panchayat or at a pre-litigation stage in a court
Gram Nyayalaya has become operational in of law.
North- Eastern States. § Statutory provisions: Under the Legal
§ State Government, in consultation with the High Services Authorities Act, 1987 Lok Adalats
Court, notifies the boundaries of the area under have been given statutory status.
the jurisdiction of a Gram Nyayalaya. § Final award: The decision made by the Lok
Adalats is considered to be a verdict of a civil
COMPOSITION: court and is ultimate and binding on all
§ Nyayadhikaris who will preside over these parties.
Gram Nyayalayas are judicial officers and will

26


§ There is no provision for an appeal against the § Currently, the appointments of District Judges
verdict made by Lok Adalat. and Subordinate Judiciary are done by the
§ But they are free to initiate litigation by respective State governments.
approaching the court of appropriate § Creation of an AIJS will necessarily mean
jurisdiction by filing a case by following the transferring the recruitment and appointment
required procedure, in exercise of their right to powers of district judges, from the State
litigate. Governments (Article 233), to a centralized
§ Significance: The Lok Adalats are formed to system, as exists for other AIS.
fulfil the promise given by the preamble of the § Currently, the independence of District Judges, is
Indian Constitution – securing Justice – social, guaranteed by the fact that the High Court play a
economic and political of every citizen of India. significant role in the appointment, transfer and
removal of District Judges.
SPECIAL BENCHES TO HEAR CASES AGAINST
LEGISLATORS FAST TRACK SPECIAL COURTS (FTSCs)
§ The Supreme Court has asked the Chief Justices § Ministry of Law and Justice has recently
of High Courts to head Special Benches and started a scheme for setting up 1023 Fast Track
immediately hear long- pending criminal cases Special Courts (FTSCs) for rape and POSCO act
against sitting and former legislators. cases, as a part of National Mission for Safety of
§ Over 4,400 criminal trials have been held up, Women (NMSW).
some for decades, because the powerful MPs and § Districts with more than 100 pending cases
MLAs had approached the High Courts and got under POSCO Act will have one FTSCs.
an interim stay. § Centrally Sponsored Scheme.
§ Some date back nearly 40 years. Most are stuck § Concept of Fast track special courts Evolved
at the stage of framing of criminal charges. in 2000 when 11th Finance Commission
§ There are over 2,500 criminal cases against recommended a scheme for creation of 1734
sitting legislators alone. Fast Track Courts (FTCs) for disposal of long
pending cases in lower courts, particularly cases
ALL INDIA JUDICIAL SERVICES (AIJS) of under trials.
§ Recently, the proposal of the All-India Judicial
Services (AIJS), has been revisited by the legal PARA-LEGAL VOLUNTEERS SCHEME
think tank Vidhi. § During the year 2009 National Legal Services
§ Aims at creating a centralized cadre of District Authority (NALSA) brought out a scheme called
Judges who will be recruited centrally through the Para-Legal Volunteers Scheme which aimed
an all-India examination and allocated to each at imparting legal training to volunteers selected
State along the lines of the All-India Services from different walks of life so as to ensure legal
(AIS). aid reaching all sections of people through the
§ Idea of creating an All-India Judicial Services process of Para-Legal Volunteers Scheme;
(AIJS) was first introduced by the 14th Report ultimately removing the barriers into access to
of the Law Commission in 1958. justice.
§ First National Judicial Pay Commission § The Para-Legal Volunteers (PLVs) are expected
(Justice Jagannath Shetty Commission) in to act as intermediaries bridging the gap
1996, also recommended it at the district judge- between the common people and the Legal
level. Services Institutions to remove impediments
§ After the Swaran Singh Committee’s in access to justice.
recommendations in 1976, Article 312 of the § Ultimately, the process aims at Legal Services
Constitution (provides for creation all-India Institutions reaching out to the people at their
services), was amended by the Constitution doorsteps rather than people approaching such
42nd Amendment Act, 1976, to include an all- Legal Services Institutions.
India judicial service.

27


AMICUS CURIAE § Judicial Service Centers have been established at
all computerized courts which serve as a single
§ An amicus curia is someone who is not a party to
window for filing petitions and applications by
a case and may or may not have been solicited by
litigants/ lawyers as also obtaining information
a party and who assists a court by offering
on ongoing cases and copies of orders and
information, expertise, or insight that has a
judgments etc.
bearing on the issues in the case; and is typically
presented in the form of a brief. E-COMMITTEE OF SUPREME COURT
2ND NATIONAL JUDICIAL PAY COMMISSION § Committee constituted by the Government of
India in the Supreme Court to assist the Chief
§ Supreme Court Bench has made it clear to the
Justice of India in formulating a National policy
States and Union Territories (UTs) that
on computerization of Indian Judiciary and
recommendations made by the Second National
advice on technological communication and
Judicial Pay Commission to nearly triple the pay
management related changes
and allowances for subordinate judiciary should
be implemented proactively. LEGAL INFORMATION MANAGEMENT &
§ The Commission was constituted in 2017 in BRIEFING SYSTEM (LIMBS)
pursuant to the order of the Supreme Court in
All India Judges Association case, under § LIMBS is web-based portal developed by
Article 32 (Constitutional Remedies) of the Department of Legal Affairs, Ministry of Law &
Constitution. Justice for monitoring and handling of various
§ It is headed by former Judge of Supreme Court court cases of Govt. Departments and Ministries.
Justice P. Venkatrama Reddy.
INTEROPERABLE CRIMINAL JUSTICE SYSTEM
§ First National Judicial Pay Commission was
(ICJS)
constituted in 1996, pursuant to the order of the
Supreme Court in All India Judges Association § ICJS aimed at integrating the Crime and
case. Criminals Tracking Network and Systems
(CCTNS) project with the e-Courts and e-
e-COURTS MISSION MODE PROJECT Prisons databases, as well as with other pillars
§ It is Pan-India Project monitored and funded by of the criminal justice system such as forensics,
Department of Justice, Ministry of Law for the prosecution and juvenile homes in a phased
District Courts across the country. manner.
§ The objective of the eCourts Project is to
PLEA BARGAINING
provide designated services to the citizens as
well courts by ICT enablement of all district § Recently, many members of the Tablighi Jamaat
and subordinate courts in the country. belonging to different countries have obtained
§ The services being delivered to citizens include release from court cases in India by means of
status of registration of cases, Case status, Case plea bargaining.
list, daily order sheets and final § Plea bargaining was introduced in 2006 as
orders/judgments. part of a set of amendments to the CrPC.
§ e-Courts Services Mobile application and e- § It is a process in which a person charged with a
Courts National Portal have also been developed criminal offence negotiating with the
under this prosecution for a lesser punishment than
what is provided in law by pleading guilty to a
NATIONAL JUDICIAL DATA GRID less serious offence.
§ It is web-based portal which provides data § The plea-bargaining process in India can be
related to the number of cases pending in any initiated only by the accused and the accused
court in the country will have to apply to the court for invoking the
benefit of bargaining.
JUDICIAL SERVICE CENTRE
28


§ In India, the concept was not part of law until
10. IMPORTANT JUDGEMENTS IN
2006. There has always been a provision in the
Code of Criminal Procedure (CrPC) for an NEWS
accused to plead ‘guilty’ instead of claiming the VISHAKA GUIDELINES
right to a full trial, but it is not the same as plea
bargaining. § Laid down by the Supreme Court in 1997, on
§ Cases for which the practice is allowed are which the 2013 SHE Act was based.
limited. § It made the employer responsible to prevent or
§ It is also applicable to private complaints of deter acts of sexual harassment at the
which a criminal court has taken cognizance. workplace.

SHREYA SINGHAL CASE 2015
CASES WHERE PLEA BARGAINING IS ALLOWED
§ Someone who has been charge sheeted for an § Struck down entire provisions of Sec 66A of IT
offence that does not attract the death sentence, Act 2000 (relating to restrictions on online
life sentence or a prison term above seven years. speech)
§ The offence does not have an impact on the
SHATRUGHAN CHAUHAN CASE 2014
socio-economic condition of the country.
§ The offence is not committed against a woman § The verdict had issued guidelines, which
or a child below the age of 14. primarily held that an unexplained delay in
carrying out an execution would lead to
CHAPTER PROCEEDINGS commutation of the death penalty to life
§ Recently Chapter proceedings against Republic imprisonment.
TV Editor-in-Chief Arnab Goswami has begun by
TMA PAI VS STATE OF KARNATAKA CASE 2002
Mumbai city police.
§ These are preventive actions taken by the § In this case, the Supreme Court held that the
police if they fear that a particular person is fundamental right under Article 30 (1) was
likely to create trouble and disrupt the peace in neither absolute nor above the law.
society. § Article 30 of the Constitution deals with the
§ It is not a legal term measure. Right of minorities to establish and
§ According to officers, since all the sections administer educational institutions.
related to preventing of crime fall under a single § Under Article 30 (1), all minorities, whether
chapter, it was colloquially called “chapter based on religion or language, have the right to
proceedings” and has since been used to refer to establish and administer educational
actions of this nature. institutions of their choice.
§ Generally, a notice is issued to a person under § Article 30 (2) prohibits the state in
section 111 of the CrPC whereby he is asked to discriminating against such institutions in
present himself before the Executive Magistrate granting aid on the ground that it is under the
an ACP-rank officer. management of minority.

STUDENT NOTES: CHANDANA DAS (MALAKAR) VERSUS STATE OF
WEST BENGAL
§ Upheld the rights of the minority communities to

establish and run their institutions without

government interference in day-to-day affairs of
management like the appointment of teachers

NO FUNDAMENTAL RIGHT TO CLAIM
PROMOTIONS IN RESERVATIONS: ART 16

29


§ Supreme Court ruled that there is no provisions of the 52nd amendment act (1986)
fundamental right to reservations in of the constitution which inserted a new tenth
appointments and promotions under articles schedule elaborating various provisions to
16(4) and 16(4A) of the Constitution. protect the parties from defection.
§ Article 16(4): empowers state to make any
provision for reservation of appointments in Anuradha Bhasin vs Union of India & Ors. Writ
Petition (Civil):
favour of any backward class which in opinion
of the State, is not adequately represented in the In January 2020 the Supreme Court while ruling on
services under State. Jammu and Kashmir Internet shutdown made
§ Article 16(4A): empowers state to make following observations:
provisions for reservation in matters of § Internet shutdowns can be of temporary
promotion to SC/ST employees. period but not for indefinite period.
§ Court said that no mandamus can be issued by § Government to publish all orders imposing
the court directing state governments to provide restrictions under Section 144 (CrPC).
reservations. § Freedom of speech and expression through the
§ However, if the state wishes to exercise its medium of internet is a fundamental right under
discretion and make such provision, it has to Article 19(1)(a) of the Constitution.
collect quantifiable data showing § Freedom of trade and commerce through
‘inadequacy’ of representation of that class in internet is also a constitutionally protected right
public services. under Article 19(1)(g).
§ If the decision of the state government to § The Court had also said that any order with
provide reservations in promotion is challenged regard to Internet Shutdowns will come under
then the state concerned will have to place Judicial Scrutiny.
before the court the quantifiable data that
UNIFORM CIVIL CODE (UCC): ART 44 (DPSP)
reservations became necessary on account of
inadequacy of representation of SCs and STs § Government has failed to bring in Uniform Civil
without affecting general efficiency of Code, says Supreme Court.
administration as mandated by Article 335. § Uniform Civil Code generally refers to that part
of law which deals with family affairs of an
Article 335 individual and denotes uniform law for all
Claims of Scheduled Castes and Scheduled Tribes to citizens, irrespective of his/her religion,
services and posts. The claims of the members of the caste or tribe.
Scheduled Castes and the Scheduled Tribes shall be § A Uniform Civil Code administers the same set of
taken into consideration, consistently with the secular civil laws to govern different people
maintenance of efficiency of administration, in the belonging to different religions and regions. This
making of appointments to services and posts in supersedes the right of citizens to be
connection with the affairs of the Union or of a State. governed under different personal laws
based on their religion or ethnicity.
KIHOTO HOLLOHAN VS ZACHILLHU AND § The common areas covered by a civil code
OTHERS CASE 1992 include:
Ø Personal Status
§ Recently Court held that Constitutional courts
Ø Rights related to acquisition and
cannot judicially review disqualification
proceedings under the Tenth Schedule (anti- administration of property
Ø Marriage, divorce and adoption
defection law) of the Constitution until the
Ø UCC will help to promote Gender equality.
Speaker or Chairman makes a final decision
§ In India, Goa is the only state to have
on merits.
implemented the directive principle on the
§ Kihoto Hollohan Case commonly referred as the
case where the constitution bench of the Uniform Civil Code and converted it into a law
Supreme Court analyzed in detail the various
30


called the Goa Civil Code or the Goa Family Constitution and hence
Law. amendable.
It added two land reform
ARTICLE 44 (DPSP) legislations to the Ninth
§ As per Article 44 of the Constitution, the State 29th Schedule of the Constitution of
shall endeavour to secure for the citizens a CAA,1972 India (list of central and state
Uniform Civil Code throughout the territory of laws which cannot be
India. challenged in courts)
§ This article is included in Part IV of the
Constitution of India dealing with the directive GOLAKNATH V. STATE OF PUNJAB CASE, 1967
principles of state policy. § SC had held that Article 368 merely laid down
the amending procedure but did not confer
KESAVANANDA BHARATI CASE 1973
upon Parliament the power to amend the
§ Recently Kesavananda Bharati Ji passed away. Constitution.
§ Case dealt with a petition against the Kerala § There is no difference between the amending
Government challenging the compulsory power and legislative powers of Parliament.
acquisition of his land by the Government § After the Golaknath case several constitutional
under the Kerala Land Reforms Act 1963, as a amendments were made by the Parliament (24th
violation of Fundamental Rights (FRs), as Amendment)
enshrined in - Articles 25, 26 and 31 of the
Constitution of India. PUBLIC PLACES CANNOT BE OCCUPIED
§ Case was heard by a Bench of 13 judges — the INDEFINITELY
largest formed in the Supreme Court (SC). § The Shaheen Bagh sit-in protest against the
§ As hearing proceeded, the scope of the case was citizenship law had been on for more than 100
expanded to address interpretation of days.
Golakhnath case, Interpretation of the Article § Recent judgment upheld the right to peaceful
368 and the validity of the 24th, 25thand 29th protest against a law but made it unequivocally
Constitutional Amendment Act: clear that public ways and public spaces cannot
be occupied, and that too indefinitely.
It stated that- the constitutional § Articles 19(1)(a) and 19(1)(b) give to all
amendments are not ‘law’ under citizens the right to freedom of speech and
24th Article 13, thus Parliament has expression, and to assemble peaceably and
CAA,1971 the power to amend any FRs + without arms.
Kesavananda Bharati Case § However, under Articles 19(2) and 19(3), the
Upheld the validity of the 24th right to freedom of speech is subject to
amendment “reasonable restrictions”
It curtailed the right to property, § It is the duty of the administration to remove
and permitted the acquisition of such road blockades.
private property by the § Dissent and democracy go hand in hand but
government for public use, on protests must be carried out in designated area.
25th the payment of compensation
CAA,1971 which would be determined by STUDENT NOTES:

the Parliament and not the court

+ SC upheld the 25th and 29th
Amendments except for the
parts that curtailed its power of
judicial review and also asserted
that the Preamble is a part of the


31


11. TRIBUNALS 12. STATE LEGISLATURES
CENTRAL ADMINISTRATIVE TRIBUNAL (CAT) GAIRSAIN: SUMMER CAPITAL OF
§ Union Minister of Personnel & Public Grievances UTTARAKHAND
inaugurated the 18th Bench of Central § The Uttarakhand Government named Gairsain
Administrative Tribunal (CAT) for the Union as the new summer capital of the state.
Territories of Jammu and Kashmir and Ladakh. § Uttarakhand separated from Uttar Pradesh in
§ The CAT had been established under Article 1998. Dehradun has been the temporary
323A of the Constitution. capital of the state since it attained statehood
§ Administrative tribunals are quasi-judicial and still houses the chief minister’s residence,
institutions (Estb. Under Administrative Raj Bhavan and MLA residences.
Tribunal Act, 1985,) that resolve disputes § The state Assembly is located in Dehradun but
related to the recruitment and service sessions are held in Gairsain as well.
conditions of persons engaged in public service. § As per the state govt, Gairsain, a tehsil in Chamoli
district, was best suited to be the capital as it was
§ Tribunals were not part of the original a hilly region falling on the border of Kumaon
constitution, it was incorporated in the Indian and Garhwal regions.
Constitution by 42nd Amendment Act, 1976. § It is emerging as a tourist place and it is also a
§ Article 323 A: contemplates the establishment part of the major route connecting Garhwal with
of tribunals for public service matters only. the Kumaon region.
§ Article 323 B: contemplates the establishment § It is the site of the source of the Ramganga
of tribunals for certain other matters. River which rises near the Dudhatoli Parvat.

§ Composition: The Tribunal is headed by the CONSTITUTIONAL CRISIS IN MAHARASHTRA
Chairman and 65 Members, 33 from Judicial § Current CM of Maharashtra had 6 months term
(including Chairman) and 33 from the as he was not member of state assembly and
Administrative stream. The Chairman is need to get elected to either of the houses of the
normally a retired Chief Justice of a High Court. state legislature before last week of May, as per
§ Mandate: To adjudicate disputes and Article 164(4) of the Constitution.
complaints with respect to recruitment and § However, ECI postponed indefinitely legislative
conditions of service of persons appointed to council elections due to the pandemic, using
public services and posts in connection with the powers under Article 324 of the Constitution,
affairs of the Union or other authorities under along with Section 153 of the Representation of
the control of the Government. the People Act, 1951.
§ Under Section 17 of the Administrative § A double application of Article 164 (4) to extend
Tribunal Act, 1985, the Tribunal has been this period for another six months was out of the
conferred with the power to exercise the same question as the Supreme Court, in S.R.
jurisdiction and authority in respect of Chaudhuri v. State of Punjab and Ors (August
contempt of itself as a High Court. 17, 2001), had declared that it would be
§ The Tribunal is guided by the principles of tantamount to a subversion of the principle of
natural justice in deciding cases and is not representative government.
bound by the procedure, prescribed by the Civil
Procedure Code. According to the Article 164 of the Constitution, a
§ Salaries and Allowances and Conditions of non-legislator is allowed to occupy a post in the
Service of the officers and other employees of council of ministers, including the office of the chief
the Tribunal are specified by the Central minister for six months from the date of oath.
Government.


32


13. LOCAL SELF-GOVERNMENT GRAM MANCHITRA
§ Union Minister of Panchayati Raj Narendra
BACK TO VILLAGE (B2V) PROGRAMME Singh Tomar conferred the National Panchayat
§ Jammu and Kashmir Government has Awards 2019 at a function in New Delhi.
announced the third phase of ambitious Back to § The Minister also launched a Spatial Planning
Village (B2V) programme. Application called ‘Gram Manchitra’ which is
§ Aim: The programme aims to involve the a Geo Spatial based decision support system for
people of the state and government officials panchayats. The panchayats can utilize this App
in a joint effort to deliver the mission of to plan, develop and monitor developmental
equitable development. It also aims to energize activities.
Panchayats and direct development efforts in
rural areas through community participation. SAANSAD ADARSH GRAM YOJANA (SAGY)
§ Phase I: To understand the people’s grievances § Recently, a study by the Ministry of Rural
and demands. Development has observed that the Saansad
§ Phase-II: It focused on the devolution of powers Adarsh Gram Yojana (SAGY) has not been able to
to panchayats and tried to understand how these achieve the desired objectives and failed to make
panchayats are functioning and what are the a significant impact.
grievances and demands and § SAGY is a village development project which
§ Phase-III: It has been designed on the format for was launched on 11th October, 2014 on the
grievance redressal. birth anniversary of Jai Prakash Narayan.
§ As part of the programme, each gazetted § Goal: Under the Yojana, Members of
officer will be assigned a gram panchayat Parliament (MPs) are responsible for
where he/she will interact and obtain developing the socio-economic and physical
feedback from the panchayat infrastructure of three villages each by 2019,
representatives about their concerns, and a total of eight villages each by 2024.
developmental needs and economic potential of § Objectives: To substantially improve the
the area. standard of living and quality of life of all
§ The feedback obtained will help the sections of the population through Improved
government in needs assessment and basic amenities, higher productivity and better
subsequently to tailor the various central livelihood opportunities.
and state government schemes/programmes § Gram Panchayat: The basic unit for
in improving delivery of village-specific services development.
and making the village life better in terms § Lok Sabha MP: Chooses a Gram Panchayat from
improved amenities and economic upliftment. within his/her constituency.
§ Rajya Sabha MP: Chooses Gram Panchayat from
PEOPLE’S PLAN CAMPAIGN (PPC)- SABKI the rural area of a district of his/her choice in the
YOJANA SABKA VIKAS: State from which he/she is elected.
§ It aims to draw up Gram Panchayat § Nominated MPs: Choose a Gram Panchayat
Development Plans (GPDPs) in the country from the rural area of any district in the country.
and place them on a website where anyone can § The MPs engage with the community, facilitate
see the status of the various government’s the Village Development Plan and mobilise the
flagship schemes. necessary resources particularly from
§ To provide sustainability to the GPDP Corporate Social Responsibility (CSR) and
formulation process into a participative and philanthropies.
transparent exercise, the process of GPDP § MPs also fill up critical gaps in the plan using the
preparation for the financial year 2020-21 again Member of Parliament Local Area
started in a Campaign mode from 2nd October, Development Scheme (MPLADs) funds.
2019 as PPC-2019.
DISTRICT DEVELOPMENT COUNCILS (DDCs)

33


§ The Central Government recently amended the § This fund is supposed to be used for the creation
Jammu and Kashmir Panchayati Raj Act, and maintenance of rural infrastructure in and
1989 and facilitate the setting up of District outside mandis. But there have been charges in
Development Councils (DDC). the past that it was diverted by the state for
§ This system effectively replaces the District other purposes.
Planning and Development Boards in all
districts. Rural Development Board (RDB)
§ This system effectively replaces the District • The RDB was incorporated in April 1987
Planning and Development Boards in all under Rural Development Act, 1987 and is
districts, and will prepare and approve district mandated with the promotion of better
plans and capital expenditure. agriculture, and granting relief for the loss
§ The DDCs will act as a new unit of governance and damage to agricultural produce.
in J&K. • It also provides the facility of streets lights,
dharamshalas, panchayat ghars, canals and
COMPOSITION: drains, government health infrastructure,
§ Their key feature, however, is that the DDCs will drinking water, sanitation, and government
have elected representatives from each educational institutions in rural areas.
district.
§ Their number has been specified at 14 elected BILL ON RIGHT TO RECALL PANCHAYAT
members per district representing its rural MEMBER
areas, alongside the Members of Legislative
§ State of Haryana clears Haryana Panchayati
Assembly chairpersons of all Block Development
Raj (Second Amendment) Bill, 2020 passed in
Councils within the district.
the state Assembly on right to recall panchayat

member for increasing their accountability to
TERM OF REFERENCE:
the voters.
§ The term of the DDC will be five years, and the
§ It provides the right to recall members of
electoral process will allow for reservations for
Panchayati Raj institutions to those who
Scheduled Castes, Scheduled Tribes and women.
elected them. Also gives women 50%
§ The Additional District Development
reservation in these rural bodies.
Commissioner (or the Additional DC) of the
§ Provides 8% reservation to the “more
district shall be the Chief Executive Officer of
disadvantaged” among the Backward Classes.
the District Development Council.
§ Allows the recall of village sarpanches and
§ The council, as stated in the Act, will hold at least
members of the block-level panchayat samitis
four “general meetings” in a year, one in each
and district-level zila parishads if they fail to
quarter.
perform.
§ Members of DDC will be directly elected by
§ To recall a sarpanch and members of the two
voters in the Union Territory.
bodies, 50% members of a ward or gram
RURAL DEVELOPMENT FUND (RDF) Sabha have to give in writing that they want to
initiate proceedings.
§ RDF is the 3% cess levied on the purchase or § This will be followed by a secret ballot, in which
sale of agricultural produce under the Rural their recall will require two-third members
Development Fund Act, 1987 which is voting against them.
executed by Punjab Rural Development Board
(PRDB) with the Chief Minister as its E-GRAM SWARAJ PORTAL
chairman.
§ Launched on National Panchayati Raj Day (24
§ It comes mainly from central government’s
April) by Ministry of Panchayati Raj.
purchase agency, Food Corporation of India,
§ e-Gram Swaraj helps prepare and execute Gram
which buys around 13 million tons of wheat and
Panchayat Development Plan (GPDP). Portal
16 million tons of paddy every year.

34


will ensure real time monitoring and
14. SCHEDULED & TRIBAL AREAS
accountability.
§ Portal is a major step towards digitization MINOR TRIBES IN MEGHALAYA
down to the Gram Panchayat level.
§ Organisations representing five minor tribes in
SWAMITVA SCHEME Meghalaya have asked Chief Minister Conrad K.
Sangma to intervene in the move to exclude
§ Launched on National Panchayati Raj Day
them from the provisions of the Sixth Schedule
(24 April) by Ministry of Panchayati Raj.
of the Constitution.
§ Launched in pilot mode in 6 states helps to map
§ The five minor tribes – Bodo Kachari, Hajong,
rural inhabited lands using drones and latest
Koch, Mann and Rabha – are clubbed as
survey methods.
“unrepresented tribes” for nomination in
§ The scheme will ensure streamlined planning,
Meghalaya’s autonomous tribal councils.
revenue collection and provide clarity over
§ Minor tribes in Meghalaya: Hajong, Koch,
property rights in rural areas.
Synteng, Rabha tribe, Mikir and Biate.
§ Property card for every property in the
§ Most of the people of the minor tribes like
village will be prepared by states using accurate
Hajong, Koch, Rabha etc. are following Hinduism
measurements delivered by drone-mapping.
even though Meghalaya is a Christian dominated
These cards will be given to property owners
state.
and will be recognized by the land revenue
§ Synteng, Mikir, Biate etc. are Christian
records department.
dominated minor tribes.

§ Christianity is mainly practiced by native Khasi
people, Garo people and Jaintia people.
§ They are the three major matrilineal
communities of Meghalaya.
RESERVATION IN FIFTH SCHEDULE AREAS

§ The Supreme Court’s five-judge Constitution
bench held that providing 100 per cent
reservation for Scheduled Tribes in scheduled
areas of a State is not permissible.
§ The Fifth Schedule under Article 244 of the
Constitution contains provisions regarding
administration of Scheduled Areas other than
Assam, Meghalaya, Tripura and Mizoram
(AMTM).
§ At present, Scheduled Areas have been declared
in the States of Andhra Pradesh (including
Telangana), Chhattisgarh, Gujarat, Himachal
STUDENT NOTES: Pradesh, Jharkhand, Madhya Pradesh,

Maharashtra, Odisha and Rajasthan.

§ Scheduled Area in a State is notified by order of
the President, after consultation with the
Governor of that State.
§ Governor submits a report, annually or
whenever President requires, regarding
administration of such areas.

§ Each state having ‘Scheduled Areas’ must have a

Tribal Advisory Council (TAC) consisting of 20
members.
35


§ Three-fourths of the members have to be Assam, Meghalaya, Tripura and Mizoram to
representatives of scheduled tribes in State safeguard the rights of the tribal population in
Legislative Assembly. these states.
§ The Governor is empowered to direct that any § This special provision is provided under Article
particular law of parliament and state assembly 244(2) and Article 275(1) of the Constitution.
is either not applicable or can be applied with § The schedule also seeks to safeguard the rights
certain ‘modifications and exceptions’ to of tribal populations through the formation of
scheduled areas. Autonomous District Councils (ADC).
§ According to Bordoloi Committee formed by
Constitutional Provisions: the Constituent Assembly, the 6th Schedule was
1. Article 15 (4): allows the State to make any formulated to provide limited autonomy to the
special provision for the advancement of any tribal regions of North-East.
socially and educationally backward classes of
citizens or for the Scheduled Castes and the Article 371A
Scheduled Tribes. This provision was extended Prohibits anyone who is not a resident from buying
to admission in educational institutions by 93rd land in Nagaland, which may only be bought by
Amendment Act, 2006 (except minority tribals who are residents of the state.
educational institutions).
2. Article 16 (4): allows State to make any AUTONOMOUS DISTRICTS:
provision for the reservation of appointments or § These are administrative bodies constituted in
posts in favour of any backward class of citizens accordance to Sixth Schedule, Article 244 (2) &
which, in the opinion of the State, is not Article 275(1) of the Indian Constitution.
adequately represented in the services under § There are 10 autonomous districts – three in
the State. Assam, Meghalaya and Mizoram and one in
3. Article 46: states that the State shall promote Tripura.
with special care the educational and economic § Composition: Each autonomous district has a
interests of the weaker sections of the people, district council consisting of 30 members, of
and, in particular, of the Scheduled Castes and whom four are nominated by the governor
the Scheduled Tribes, and shall protect them and the remaining 26 are elected on the basis
from social injustice and all forms of of adult franchise.
exploitation. § Term: The elected members hold office for a
4. Article 243D: provides reservation of seats for term of five years (unless the council is dissolved
SCs and STs in every Panchayat. earlier) and nominated members hold office
5. Article 243T: provides reservation of seats for during the pleasure of the governor.
SCs and STs in every Municipality. § Regional Council: Each autonomous region also
6. Article 330: states that seats shall be reserved has a separate regional council.
in the Lok Sabha for the Scheduled Caste and
Scheduled Tribes. POWERS:
7. Article 332: provides for reservation of seats for § Can constitute village courts within their
the Scheduled Castes and the Scheduled Tribes jurisdiction to hear trial of cases involving the
in the Legislative Assemblies of the States. tribes
§ Governors of states that fall under the Sixth
6TH SCHEDULE STATUS Schedule specify the jurisdiction of high
§ The political groups of Arunachal Pradesh are courts for each of these cases.
calling for bringing the entire Arunachal Pradesh § Empowered to make legislative laws on
under the ambit of the Sixth Schedule or matters like land, forests, fisheries, social
Article 371 (A) of the Constitution. security, entertainment, public health, etc. with
§ The 6th Schedule of the Constitution provides due approval from the governor
for the administration of tribal areas in § Acts passed by Parliament and state legislatures
may or may not be levied in these regions unless
36


the President and the governor gives
15. SCHEDULES OF
approval.
CONSTITUTION
3rd BODO PEACE ACCORD 2020
SEVENTH SCHEDULE
§ It is tripartite agreement recently signed
§ Fifteenth Finance Commission chairman N.K.
between the Centre, Assam Government and
Singh has called for a fresh look at the
the banned Assam-based insurgent group
Constitution’s Seventh Schedule, which forms
National Democratic Front of Bodoland
the basis for allocating subjects to the Centre and
(NDFB) for bringing a lasting peace in Bodo-
States.
dominated areas in Assam.
§ The seventh schedule under Article 246 of the
§ Four districts in Assam — Kokrajhar, Baksa,
constitution deals with the division of powers
Udalguri and Chirang - that constitute the Bodo
between the union and the states.
Territorial Area District (BTAD), are home to
§ It defines and specifies the allocation of powers
Bodos along with several other ethnic groups.
and functions between Union & States. It
§ With agreement in 1993, Bodoland became an
contains three lists;
autonomous administrative unit under the
1. Union List,
Sixth Schedule of the Constitution.
2. State List and
§ Following a 2nd peace agreement in 2003, the
3. Concurrent List.
Bodoland Territorial Council (BTC) was formed.

§ The 3rd Bodo accord (2020) renamed the BTC THE UNION LIST:
as the Bodoland Territorial Region (BTR) § It is a list of 98 (Originally 97) numbered items
with more administrative and fiscal powers. as provided in the Seventh Schedule.
§ The Union Government or Parliament of India
MIZOS
has exclusive power to legislate on matters
§ Mizo is a generic term used for the people living relating to these items.
in Mizoram.
§ The Mizo society is said to have consisted of the THE STATE LIST:
Lusei, Lai, Hmar and Mara who live in Mizoram § It is a list of 59(Originally 66) items.
and all the other Zo tribes who are presently § The respective state governments have
residing in Manipur, Assam and Tripura. exclusive power to legislate on matters relating
to these items.
FIFTH SCHEDULE
It deals with the administration and control of THE CONCURRENT LIST:
Scheduled Areas as well as of Scheduled Tribes § There are 52 (Originally 47) items currently in
residing in any State other than the States of the list.
Assam, Meghalaya, Tripura and Mizoram. § This includes items which are under the joint
domain of the Union as well as the respective
GORKHALAND TERRITORIAL States.
ADMINISTRATION
SEVENTH SCHEDULE (Article 246)
§ It is an Autonomous District Council for the
Darjeeling and Kalimpong areas of the West § Recently, Confederation of Indian Industry (CII)
Bengal state in India. has sought inclusion of tourism in concurrent
§ It was formed as a result of tripartite list to enable the Centre and States to effectively
agreement between the West Bengal regulate the sector as well as frame policies for
government, the Centre and the Gorkha growth (Tourism is in state list currently).
Janmukti Morcha (GJM) in 2011. § 7th schedule under Article 246 of the
constitution deals with the division of powers
between the union and the states.

37


§ Contains three lists- Union List, State List and I), Stage legislatures can legislate on matters
Concurrent List. under the State List (List II), and both
§ Constitution provides federal supremacy to Parliament and State legislatures can legislate
Parliament on concurrent list items in case of a on matters under the Concurrent List (List III).
conflict. § The residuary power to legislate on matters
that are not mentioned in either List II or List III
EIGHTH SCHEDULE vests with Parliament under Article 248 of
§ Constitution has 22 languages which are the Constitution read with Entry 97 of List I.
protected in Schedule VIII of the Constitution. § The Supreme Court in a number of judgments,
§ Kasaragod district is called ‘Sapta bhasha including in Godfrey Phillips v. State of U.P. &
Samgama Bhumi, the confluence of seven Ors (2005), dictates that the entries in the
languages. legislative lists must be interpreted
§ Efforts are being made to include Tulu in the harmoniously, and in the event of any overlap
Eighth Schedule of the Constitution. between two or more entries, the specific
subject matter contained in a particular entry
Region of Tulu Nadu, comprises the districts of must be deemed to have been excluded from
Dakshina Kannada and Udupi in Karnataka and another entry which may deal with a more
the northern part of Kasaragod district of Kerala. general subject matter.
§ As per Articles 73 and 162, the executive power

§ If included in the Eighth Schedule, Tulu would of the Centre and the States is co-extensive with
get recognition from the Sahitya Akademi. their respective legislative powers, which means
§ Tulu books would be translated into other that the Central and State governments can only
recognised Indian languages. take executive actions in matters where
§ Members of Parliament and MLAs could speak in Parliament and State legislatures, respectively,
Tulu in Parliament and State Assemblies, have powers to legislate.
respectively. § For instance, Disaster management as a field
§ Candidates could write all-India competitive of legislation does not find mention in either
examinations like the Civil Services exam in List II or List III, nor does any particular entry
Tulu. in List I specifically deal with this. Thus, the
Disaster Management Act could only have been
9TH SCHEDULE enacted by Parliament in exercise of its
residuary powers of legislation under Article
§ It was added with the 1st amendment in 1951, 248.
contains a list of central and state laws which
cannot be challenged in courts. POPULATION CONTROL
§ In IR Coelho versus State of Tamil Nadu case, § Inserted in list III of the 7th schedule through
Supreme Court held that laws placed in the 9th the 42nd amendment to the constitution in
Schedule were open to judicial scrutiny. 1976, which permits the centre and the states to
§ SC laid down dual test to examine the validity enact a law on population control and family
of a law placed in the Ninth Schedule i.e. planning.
Whether it violates any fundamental right and if § National commission to review the working of
yes whether the violation also damages or the constitution headed by former chief justice
destroys the basic structure (If the answer to of India M. N Venkatachalliah, recommended in
both the questions is in the affirmative, then only 2002 that article 47A be inserted into the
a law placed in the Ninth Schedule can be constitution to control population explosion.
declared unconstitutional)

FEDERAL POWERS
§ Under the federal scheme, Parliament can
legislate on matters under the Union List (List
38


Now, who is now deemed to have domicile?
16. SPECIAL PROVISIONS FOR
§ Anyone “who has resided for a period of fifteen
SOME STATES years in the UT of J&K”.
BIPLAB KUMAR SARMA COMMITTEE § Or has studied for a period of seven years and
appeared in class 10th/12th examination in an
§ The high-level committee on Clause Six of educational institution located in the UT of J&K.
Assam Accord will submit its report to the § Or those registered as migrants and their
Government of Assam soon. children.
§ The committee is headed by Justice Biplab § Or the children of those central government
Kumar Sarma and expected to recommend officials, All India service officials, Officials of
measures to protect the interest of the Public sector undertaking, autonomous body of
indigenous people of the Assam state. central government, public sector banks,
§ The Committee was given the task to examine officials of statuary bodies officials of central
the effectiveness of actions since 1985 to universities and recognized research institutes
implement Clause 6 of the Assam Accord. of central government who have served in J&K
§ Assam Accord was signed between the Union for a period of ten years.
government and leaders of the All Assam § Or children of residents of J&K who reside
Students Union (AASU) in 1985 to stop then on- outside the Union Territory in connection with
going violent movements against illegal employment or business or for other
migration. professional or vocational reasons.
§ Clause 6 of the Assam Accord envisages the
appropriate constitutional, legislative and KUKI –NAGA MILITANT SIGN PACT
administrative safeguards to protect, preserve § Recently, for the first time, the Naga National
and promote the cultural, social, linguistic Political Groups (NNPGs) and Kuki National
identity and heritage of the Assamese people. Organisation (KNO) have signed a joint
declaration to work together in order to
J&K DOMICILE RULES
negotiate with Govt.
§ Centre redefines Jammu and Kashmir domicile § Kuki–Naga conflict was mainly fought on land
rules opening up various categories of jobs in the and identity issues.
region to people from across the country.
§ The order has been defined under J&K Civil 2015 FRAMEWORK AGREEMENT
Services (Decentralisation and Recruitment) § National Socialist Council of Nagaland-IM
Act. (NSCN-IM) has for the first time released the
§ In law, domicile is the status or attribution of details of the 2015 framework agreement.
being a lawful permanent resident in a § It has brokered by interlocutor R.N. Ravi.
particular jurisdiction.
§ The orders also empower tehsildars to issue INNER LINE PERMITS (ILP)
domicile certificates. The government has
§ It is a travel document that allows an Indian
been empowered to notify any other officer as
citizen to visit or stay in a state that is protected
the competent authority to issue the certificate.
under the ILP system
§ The order now formally allows people from
§ ILP concept stems from the Bengal Eastern
outside J&K to apply for jobs in the UT.
Frontier Regulation Act, 1873.
§ While Level IV jobs have been reserved for
§ Foreigners need a Protected Area Permit
people with domicile status – as per their
(PAP) to visit tourist places which are different
definition in the order – other non-gazetted and
from Inner Line Permits needed by domestic
gazetted jobs have been opened for people from
tourists.
across the country, including people domiciled
§ ILP system is in force today in four North
in J&K.
eastern states — Arunachal Pradesh,

Nagaland and Manipur, Mizoram (AMiN).

39


§ An ILP is issued by the state government
17. CONSTITUTIONAL BODIES
concerned (In November 2019, the Meghalaya
Cabinet approved amendments to the REPORT OF THE 15TH FINANCE COMMISSION
Meghalaya Resident Safety and Security Act FOR FY 2020-21
(MRSSA), 2016, which will lead to laws that
§ Commission was constituted by the President
require non-resident visitors to register
of India under Article 280.
themselves).
§ Final report of the 15th FC with
§ The ILP system came into effect in the state of
recommendations for the 2021- 26 period will
Manipur from January 1, 2020
be submitted by October 30, 2020.
ARMED FORCES (SPECIAL POWERS) ACT § Vertical Devolution : share of 41 percent of
(AFSPA) 1958 the net proceeds of Union taxes (divisible pool)
should be devolved to States in the year 2020-21
§ Home Ministry declared the entire State of
(decreased from 42% as additional resource is
Nagaland as a “disturbed area” for six more
needed for New UTs like J&K, Ladakh).
months under the Armed Forces (Special
§ Horizontal Devolution: Population- 15% with
Powers) Act (AFSPA).
2011 census, Area – 15% (Constant), Forest and
§ It gives armed forces the power to maintain
Ecology – 10% (Increased), Income distance –
public order in “disturbed areas”.
45% (reduced), Demographic Performance –
§ An area can be disturbed due to differences or
12.5%, Tax Effort – 2.5%).
disputes between members of different
§ In 2020-21, the following grants will be
religious, racial, language or regional groups or
provided to states:
castes or communities.
1. Revenue deficit grants,
§ Central Government, or the Governor of the
2. Grants to local bodies, and
State or administrator of the Union Territory
3. Disaster management grants.
can declare the whole or part of the State or
§ The Commission has also proposed a framework
Union Territory as a disturbed area.
for Special grants, sector-specific and

performance-based grants. State-specific grants
will be provided in the final report.

APPOINTMENT OF ELECTION COMMISSIONER

STUDENT NOTES: § Dealt in Article 324 of the Constitution.
§ Chief Election Commissioner is the chairman of
the election commission. However, his powers

are equal to the other election

commissioners. All the matters in the
commission are decided by the majority
amongst its members.

40


§ The Chief Election Commissioner and the two to be appointed as a judge of the Supreme
other election commissioners receive equal Court.
salary, allowances and other benefits. § Removal: The Constitution hasn’t explicitly
§ The Chief Election Commissioner and other fixed the term of office of the AG as well as it does
election commissioners hold office for 6 years not contain the procedure and grounds for
or till they attain the age of 65 years, his removal. Hence, he holds office during the
whichever is earlier. pleasure of the President.
§ They can resign at any time by addressing their § Remuneration: The remuneration of AG is not
resignation to the president. fixed by the constitution. He receives such
remuneration as determined by the President.
COMPTROLLER AND AUDITOR GENERAL (CAG) § Duties of AG:
§ Former Jammu & Kashmir Governor Girish Ø To give advice to the Government of India on
Chandra Murmu has been appointed the next the legal matters.
Comptroller and Auditor General (CAG) of India. Ø To perform other legal duties which are
§ CAG is a constitutional body established under referred or assigned to him by the President.
Article 148 of the Constitution of India. Ø To discharge the functions conferred on him
§ CAG audits all receipts and expenditure of the by the Constitution or any other law.
Government of India and the state § Rights of AG:
governments, including those of bodies and § He has the right of audience in all courts in the
authorities substantially financed by the Territory of India.
government. § He has the right to speak and to take part in
§ CAG is appointed by the President of India the proceedings of both the Houses of
following a recommendation by the Prime Parliament or their joint sitting and any
Minister. committee of the Parliament of which he may be
§ Tenure is 6 yrs or up to 65 yrs of age named a member but without a right to vote.
(whichever is earlier). § He enjoys all immunities and privileges
§ CAG can be removed by the President only in available to the Member of Parliament.
accordance with the procedure mentioned in the § He is not considered as a government servant
Constitution that is the manner same as and he can practise privately too as he is not
removal of a Supreme Court Judge. debarred from private legal practice.
§ Salary: The administrative expenses of the office
of the Comptroller and Auditor-General NATIONAL COMMISSION FOR BACKWARD
including all salaries, allowances and pensions CLASSES (NCBC):
payable to or in respect of persons serving in § Until now, under Article 338, it was the National
that office shall be charged upon the Commission of Scheduled Castes (NCSC) that
Consolidated Fund of India. addressed the grievances of the OBCs.
§ The CAG shall not be eligible for further office § The present NCBC (set up under the National
either under the Government of India or under Commission for Backward Classes Act, 1993 as
the Government of any State after he has ceased Article 338b of the Constitution) can only
to hold his office. recommend inclusion and exclusion of castes
from the OBC list and the level of income that
ATTORNEY GENERAL OF INDIA (Art. 76) cuts off the “creamy layer” among these castes
§ President of India has reappointed Senior from the benefits of reservation.
Advocate K.K. Venugopal as Attorney General for § The 123rd Constitutional Amendment Bill
India for one year. (102nd Constitutional Amendment Act) aims
§ Article 76 of the Indian Constitution deals with to provide constitutional status to NCBC that
the position of Attorney General of India. will give it the powers akin to the Commission of
§ Attorney General (AG) is appointed by the Socially and Economically Backward Classes
President. He must be a person who is qualified

41


(SCBCs). The functions performed by NCSC will
18. STATUTORY BODIES AND
now get transferred to the new panel.
§ Key functions performed by the panel: COMMISSIONS
Ø In the case of grievances related to non- NATIONAL COMMISSION ON MINORITY
implementation of reservations, economic EDUCATIONAL INSTITUTIONS (NCMEI)
grievances, violence, etc. people will be
able to move the Commission. § NCMEI was established to protect and safeguard
Ø Act gives the proposed Commission the the educational institutions which are
power to inquire into complaints of established by the religious minorities in India.
deprivation of rights and safeguards. § It is a statutory and a quasi-judicial body
Ø It also gives it the powers of a civil court established by National Commission for
trying a suit and allows it to summon Minority Educational Institutions Act, 2004.
anyone, require documents to be produced, § NCMEI regulates the certification of minority
and receive evidence on affidavit. educational institutions all over India. It can
also cancel the minority status granted to
The Mandal Commission: institutions.
§ In 1990, the then Union government announced § Chairman should be who has been a Judge of the
that Other Backward Classes (OBCs) would High Court and three members are to be
get 27 percent reservation in jobs in central nominated by Central Government.
government services and public sector units § It has the powers of a Civil Court. It has power
(under Article 16(4) of the Constitution). to enquire, suo motu, into complaints.
§ The decision was based on Mandal Commission § It has both original and appellate jurisdiction
Report (1980), which was set up in 1979 and in such matters, as laid down by the SC in Joseph
chaired by B.P. Mandal. The mandate of the of Cluny v/s The State of West Bengal case.
Mandal Commission was to identify socially or § Commission has adjudicatory functions and
educationally backward classes to address caste recommendatory powers.
discrimination. § NCMEI decides on disputes regarding affiliation
of a minority educational institution to a
Idea of sub-categorization: university.
§ The First Backward Class Commission report § National Commissioner for Linguistic Minorities
of 1955 had proposed sub-categorization of (NCLM), established under Article 350B of the
OBCs into backward and extremely backward Constitution has less power than the NCMEI. It
communities. can only review safeguards for the protection
§ In the Mandal Commission report of 1979, a of linguistic minority rights and make
dissent notes by member L R Naik proposed sub- recommendations to the parliament based on its
categorization in intermediate and depressed findings.
backward classes.
LAND PORTS AUTHORITY OF INDIA (LPAI)

STUDENT NOTES: § LPAI is statutory body established under Land
Ports Authority of India Act, 2010.
§ LPAI intends to provide safe, secure and
systematic facilities for movement of cargo as
well passengers at its Integrated Check Posts
(ICPs) along the international borders of India.
§ Currently, the LPAI is building the Passenger
Terminal Building at Dera Baba Nanak,
Kartarpur Sahib Corridor.

LAW COMMISSION OF INDIA


42


§ Recently, the Union Cabinet has approved the of J&K and the north-eastern states of Assam,
constitution of the 22nd Law Commission of Arunachal Pradesh, Manipur and Nagaland in
India for a period of three years. accordance with the provisions of the
Delimitation Act, 2002.
21st Law Commission, under Justice B.S. Chauhan, § Orders of the commission has the force of law
was established in 2015 and had tenure till 2018. and cannot be called in question before any
court. Orders come into force on a date to be
§ Law Commission is a non – statutory specified by the President of India.
(executive) body constituted by the GoI, every Modifications are not permitted in his report
three years. § Delimitation commissions have been set up
§ First law commission of independent India was four times in the past — 1952, 1963, 1973
established in 1955 under chairmanship of and 2002.
Mr. M. C. Setalvad. § Delimitation Commission in 2002, undertook
§ Recommendations: Not binding readjustment and rationalization of territorial
§ Its major function is to work for “Legal Reforms constituencies in states based on Census 2001,
in India” and works as an advisory body to the without altering the number of seats allotted to
Ministry of Law and Justice. each state.
§ The Law Commission shall, on a reference made
to it by the Central Government or suo-motu, ARTICLE 82
undertake research in law and review of existing § Stipulates that a delimitation of parliamentary
laws in India for making reforms and enacting constituencies be carried out after every census.
new legislation. § This task is carried out by the Delimitation
§ It has so far submitted 277 reports. Commission established by the Government of
India under the provisions of Delimitation
FIRST LAW COMMISSION (1834) Commission Act. It was done after every census
First Law Commission was established during the until 1976.
British Raj era in 1834 by the Charter Act of 1833
and was presided over by Lord Macaulay. § Government froze delimitation in 1976 until
after 2001 Census by the 42nd constitutional
NATIONAL INVESTIGATION AGENCY (NIA) amendment (1976). This freeze was extended
§ Created by NIA Act, 2008, governs the to 2026 by the 84th constitutional
functioning of India’s premier counterterror amendment (2002). Aim of this move was to
agency. promote family planning and population
§ Brought in the wake of the 26/11 Mumbai stabilization in the country.
terrorist attacks. § India has highest population per MP.
§ NIA has powers to take suo-motu cognizance of § Members of Parliament and Legislative
terrorist activity in any part of India and to Assemblies of states, for which the Delimitation
register a case, to enter any state without Commission is set up, are drawn in as associate
needing permission from its government, and members to help the panel in its task.
to investigate and arrest people.
LOKPAL
DELIMITATION COMMISSION § Justice Pinaki Chandra Ghosh was appointed
§ Recently, Lok Sabha Speaker nominates 15 MPs as India’s 1st Lokpal.
as ‘associate members’ of Delimitation § Concept of an institutional mechanism, or an
Commission. anti-corruption ombudsman has been around
§ Delimitation Commission was setup in March for over 50 years.
2020 by GoI under chairmanship Ranjana § Enacted as a law in 2013 (Lokpal and
Prakash Desai to redraw Lok Sabha and Lokayuktas Act, 2013)
Assembly constituencies of the Union Territory

43


§ Lokpal has jurisdiction to inquire into Minister, the Speaker of the Lok Sabha, the Leader of
allegations of corruption against anyone who is the Opposition, the Chief Justice of India (or his
or has been Prime Minister, or a Minister in the nominee) and an eminent jurist. The selection panel
Union government, or a Member of has to choose from a short-list consisting of names
Parliament, as well as officials of the Union for the posts of Lokpal chairperson, and judicial and
government under Groups A, B, C and D. non-judicial members.
§ It covers chairpersons, members, officers and
directors of any board, corporation, society, CIVIL SERVICES BOARD
trust or autonomous body either established by § The Punjab government, last week, constituted a
an Act of Parliament or wholly or partly funded three-member civil services board to decide
by the Centre on IAS transfers and postings in the state.
§ It also covers any society or trust or body that § Background: To insulate the bureaucracy from
receives foreign contribution above ₹10 lakh. political interference and to put an end to
§ Lokpal cannot inquire into any corruption frequent transfers of civil servants by political
charge against the Prime Minister if the bosses, the Supreme Court had in 2013
allegations are related to international relations, directed the Centre and the states to set up a
external and internal security, public order, Civil Services Board to consider transfers and
atomic energy and space, unless a full Bench of postings of bureaucrats among others.
the Lokpal, consisting of its chair and all § As per rules, all states should have a civil
members, considers the initiation of a probe, and services board to decide on transfers and
at least two-thirds of the members approve it. postings of the bureaucrats.
Such a hearing should be held in camera, and if
the complaint is dismissed, the records shall not Composition:
be published or made available to anyone. § The civil services board is headed by chief
§ Complaint under the Lokpal Act should be in the secretary of a state.
prescribed form and must pertain to an offence § It has senior most additional chief secretary or
under the Prevention of Corruption Act against a chairman, Board of Revenue, Financial
public servant. There is no restriction on who Commissioner or an officer of equivalent rank
can make such a complaint. and status as member.
§ When a complaint is received, the Lokpal may § In addition, it will have Principal Secretary or
order a preliminary inquiry by its Inquiry Wing, Secretary, Department of Personnel in the state
or refer it for investigation by any agency, government as member secretary.
including the CBI.
§ Inquiry Wing or any other agency will have to Functions:
complete its preliminary inquiry and submit a § The board is mandated to decide on the
report to the Lokpal within 60 days. transfer of a civil servant before completion of
§ It has to seek comments from both the public his or her fixed tenure.
servant and “the competent authority,” before § The rules mandate the civil services board to
submitting its report. submit an annual report on January 1 to the
§ There will be a ‘competent authority’ for each central government about the date of the
category of public servant. For instance, for the meetings held by them.
Prime Minister, it is the Lok Sabha, and for other § If any officer is to be transferred before
Ministers, it will be the Prime Minister. And for completing his minimum tenure, the board will
department officials, it will be the Minister record the reasons for the transfer.
concerned. § It will seek views from the concerned officer
and then give a judgement on whether the
SEARCH COMMITTEE tenure of the officer is to be ended mid-way.
Recommends a panel of names to the high- power § The final authority will be the CM.
selection committee, which comprises the Prime

44


NATIONAL COMMISSION FOR WOMEN inter-state and international criminals, provide
training facilities to personnel of the Crime
§ NCW is a statutory body established in 1992
Records bureau, function as the National
under the provisions of the National
storehouse of fingerprint (FP) records of
Commission for Women Act, 1990.
convicted persons and to advise Central and
§ Composition: Chairperson and 5 members.
State Governments on matters related to
§ Chairperson of NCW is committed to the cause of
fingerprints and footprints.
women, to be nominated by the Central
§ NCRB is headquartered in New Delhi and is
Government.
part of the Ministry of Home Affairs.
§ Five Members to be nominated by the Central
§ The first edition of 'Crime in India' pertains to
Government from amongst persons of ability,
the year 1953 and the latest edition of the report
integrity and standing.
pertains to the year 2019.
NARCOTICS CONTROL BUREAU (NCB) § Its publications include:
1. Accidental Deaths & Suicides in India,
§ NCB is constituted by the Government of India in
2. Prison Statistics India,
1986 under the Narcotic Drugs and
3. Finger Prints in India
Psychotropic Substances Act, 1985.
4. Report on missing women and children in
§ Drug abuse control is the responsibility of the
India.
central government.
§ The act provides for the penalty of property CENTRAL VIGILANCE COMMISSION
derived from or used in illegal traffic in narcotic
§ CVC has decided to receive through email, from
drugs.
November 1 onwards, all vigilance clearance
§ It is the apex drug law enforcement and
proposals for the Board level, all-India and
intelligence agency responsible for fighting
Central services officials for appointment,
drug trafficking and the abuse of illegal
empanelment, promotion and other related
substances in India.
issues.
§ The NCB provides resources and training to the
§ CVC is the apex vigilance institution created
personnel of India's Drug Law Enforcement
via executive resolution (based on the
Agencies.
recommendations of Santhanam committee)
§ It also monitors India's frontiers to track down
in 1964 but was conferred with statutory
points where smuggling activities take place.
status in 2003.
§ Narcotics Control Bureau's national
§ It submits its report to the President of India.
headquarters is located in Delhi and is affiliated
§ The CVC is not controlled by any
to Ministry of Home Affairs.
Ministry/Department. It is an independent
NATIONAL CRIME RECORD BUREAU (NCRB) body which is only responsible to the
Parliament.
§ NCRB was set-up in 1986 to function as a
§ Composition: Consists of central vigilance
repository on crime and criminals so as to assist
commissioner along with 2 vigilance
the investigators in linking crime to the
commissioners.
perpetrators.
§ Appointment: They are appointed by the
§ NCRB was recommended by Tandon
President of India on the recommendations of a
Committee, National Police Commission
committee consisting of Prime Minister, Union
(1977-1981) and the MHA’s Task force (1985)
Home Minister and Leader of the Opposition in
§ NCRB is entrusted with the responsibility for
Lok Sabha (if there is no LoP then the leader of
monitoring, coordinating and implementing the
the single largest Opposition party in the Lok
Crime and Criminal Tracking Network &
Sabha).
Systems (CCTNS) project
§ Term: Their term is 4 years or 65 years,
§ Key Objectives: To function as a clearing house
whichever is earlier.
of information on crime and criminals, store,
coordinate and disseminate information on
45


§ Removal: The Central Vigilance Commissioner Bengal. Thus, for new cases the CBI could still file
or any Vigilance Commissioner can be removed cases in Delhi and continue to probe people
from his office only by order of the President inside the two states.
on the ground of proved misbehavior or Unlike the National Investigation Agency (NIA),
incapacity after the Supreme Court, on a which is governed by its own NIA Act and has
reference made to it by the President, has, on jurisdiction across the country, the CBI is
inquiry, reported that the Central Vigilance governed by the Delhi Special Police
Commissioner or any Vigilance Commissioner, Establishment Act that makes consent of a state
as the case may be, ought to be removed. government mandatory for conducting
investigation in that state.
KHADI & VILLAGE INDUSTRIES COMMISSION
(KVIC)
NATIONAL COMMISSION FOR PROTECTION OF
§ The Khadi and Village Industries Commission is CHILD RIGHTS (NCPCR)
a statutory body formed in April 1957 by the
§ NCPCR is a statutory body set up in 2007
Government of India, under the Act of
under the Commissions for Protection of
Parliament, 'Khadi and Village Industries
Child Rights (CPCR) Act, 2005.
Commission Act of 1956'.
§ It is under the administrative control of the
§ Comes under the ambit Ministry of MSME.
Ministry of Women & Child Development.
§ To promote & development of khadi and village
§ Apex body for upholding, monitoring and
industries
facilitating child rights in the country.
PRESS TRUST OF INDIA (PTI) § It enquires into complaints relating to a child's
right to free and compulsory education under
India’s largest news agency is a non-profit trust run
the Right to Education Act, 2009.
by a Board, comprising owners and proprietors of
§ It monitors the implementation of Protection of
key newspapers groups in the country.
Children from Sexual Offences (POCSO) Act,
‘GENERAL CONSENT’ TO CBI 2012.
§ Maharashtra government recently withdrawn NATIONAL COOPERATIVE DEVELOPMENT

“general consent” given to the CBI to probe cases CORPORATION (NCDC)
in the state. This is not the first time that
§ NCDC was set up under an Act of Parliament in
general consent has been withdrawn by the
1963 for promotion and development of
state.
cooperatives.
§ Cases registered anywhere else in the country,
§ It functions under the Ministry of Agriculture
but involving people stationed in Maharashtra
and Farmers Welfare.
would allow CBI’s jurisdiction to extend to these
§ Recent initiatives include Sahakar Co-operative
states.
NCDC Channel (Youth-focused), Sahakar Mitra
§ General consent is the approval given by the
(Internship Programme), etc.
state government concerned from time to time
to the CBI and other agencies covered under COMPETITION COMMISSION OF INDIA
DSPE Act, 1946.
§ The Competition Commission of India (CCI) has
§ The consent is necessary as the jurisdiction of
initiated a probe into alleged abuse of dominant
these agencies is confined to Delhi and UTs
position by the company to promote its
under this act.
payments app, Google Pay.
§ Withdrawal of consent don’t have any effect on
§ CCI is a statutory body of the Government of
pending enquires i.e. prospective effect only.
India, responsible for enforcing the
§ Despite the withdrawal of consent, courts can
Competition Act, 2002 throughout India and to
still order a CBI Investigation. Withdrawal of
prevent activities that have an adverse effect on
consent will only bar the CBI from registering a
competition.
case within the jurisdiction of Andhra and
46


§ Composition: A Chairperson and 6 Members § PNGRB constituted under The Petroleum and
appointed by the Central Government. Natural Gas Regulatory Board Act, 2006.
§ To protect the interest of the consumers.
Objectives: § PNGRB regulates the refining, processing,
§ To eliminate practices having adverse effects on storage, transportation, distribution, marketing
competition. and sale of petroleum, petroleum products and
§ Promote and sustain competition. natural gas excluding production of crude oil
§ Protect the interests of consumers. and natural gas so as and to ensure
§ Ensure freedom of trade in the markets of India. uninterrupted and adequate supply of
petroleum, petroleum products and natural gas
Functions of the commission: in all parts of the country.
§ It is the duty of the Commission to eliminate
practices having adverse effect on NATIONAL COMMISSION FOR SAFAI
competition, promote and sustain KARAMCHARIS (NCSK)
competition, protect the interests of consumers § NCSK is Government body which was establish
and ensure freedom of trade in the markets of as a statutory body (National Commission for
India. Safai Karmacharis Act, 1993).
§ The Commission is also required to give § Now functions as non-statutory body. With
opinion on competition issues on a reference the lapsing of the “The National Commission for
received from a statutory authority established Safai Karamcharis Act, 1993” w.e.f. 29.2.2004,
under any law and to undertake competition the Commission is acting as a Non- Statutory
advocacy, create public awareness and body of the Ministry of Social Justice and
impart training on competition issues. Empowerment whose tenure is extended from
time to time through Government Resolutions.
COMPETITION ACT, 2002
§ It follows the philosophy of modern competition BROADCAST AUDIENCE RESEARCH COUNCIL
laws. (BARC INDIA)
§ The Act prohibits anti-competitive agreements,
§ Recently, the Mumbai Police has claimed about a
abuse of dominant position by enterprises.
scam about the manipulation of TRPs (Target
§ It regulates combinations (acquisition, acquiring
Rating Points) by some TV channels by rigging
of control and Merger and acquisition), which
the devices used by the Broadcast Audience
causes or likely to cause an appreciable adverse
Research Council (BARC) India.
effect on competition within India.
§ It is a company created in 2010 and jointly
CUSTODIAN OF ENEMY PROPERTY FOR INDIA owned by advertisers, ad agencies, and
(CEPI) broadcasting companies.
§ Ministry of Information and Broadcasting
§ The Custodian is a quasi-judicial Authority notified the Policy Guidelines for Television
under the Enemy Property Act and a Civil court Rating Agencies in India on January 10, 2014,
under the Civil Procedure Court, 1908 and registered BARC in July 2015 under these
§ Set up in the year 1939 to deal with enemy guidelines, to carry out television ratings in India
properties confiscated during World War II § Bar-o-meters: BARC has installed Bar-O-meters
§ The legal status to the office was given under in over 45,000 empanelled households. These
Enemy Property Act, 1968. record viewing details as well as audio
§ It works under the aegis of Ministry of Home watermarks of content.
Affairs.
NATIONAL GREEN TRIBUNAL (NGT)
PETROLEUM AND NATURAL GAS REGULATORY
BOARD (PNGRB) § NGT is statutory and quasi-judicial body
established under the National Green Tribunal
Act, 2010.
47


§ Tribunal is not bound by the Code of Civil To undertake studies/research on the issues
Procedure, 1908 or the Indian Evidence Act, relating to socio economic development of
1872 but is guided by principles of natural minorities.
justice. § The central government presents its report to
§ It consists of a Chairperson, Judicial members the parliament.
and Expert Members. Chairperson or Judicial
Member of the Tribunal should be a Judge of PERMANENT COMMISSION FOR WOMEN
the Supreme Court of India or Chief Justice of § Indian Army functions under two parts namely
a High Court. These members are not eligible Combat Arms and Services.
for reappointment. § Supreme Court of India has made a landmark
§ NGT has the power to regulate its own verdict in The Secretary, Ministry of Defence
procedure. An order/decision or award of versus Babita Punia & Others case (2011-
Tribunal is executable as a decree of a civil 2020), by allowing permanent commission (PC)
court and an appeal against the order or status to women officers in Short Service
decision award of the NGT can be filed in the Commission (SSC) in the Indian armed forces
Supreme Court (usually within 90 days). and making them eligible for command
§ Tribunal is mandated to dispose applications or positions.
appeals within 6 months of filing. § Women officers have been serving in the Armed
Forces for about 80 years. They were inducted in
NOTE: Wildlife protection Act is not under the the Military Nursing Service in 1927 and in the
jurisdiction of NGT Medical Officers cadre in 1943.
§ Starting in 1992, other branches like Army
NATIONAL COMMISSION FOR MINORITIES Ordnance Corps, Army Education Corps (AEC)
(NCM) and Judge Advocate General (JAG) were opened
§ The National Commission for Minorities up, followed by opening up of more
celebrated World Minorities Rights Day on 18th Arms/Services gradually over the years.
December 2020. § Initially, they were brought in for 5 years of
§ NCM is statutory and quasi-judicial commission service under Women Special Entry Scheme,
established under the National Commission which was later converted into SSC in 2006.
for Minorities act, 1992 with powers of a civil § The tenure of engagement was increased to 10
court. years in 1996 and further extended to 14 years
§ The act notifies 5 religious communities namely in 2004.
Christians, Muslims, Sikhs, Zoroastrians and § Thus, a female officer on Short Service
Buddhists under the act. In 2014, Jains were Commission could only work for 14 years. After
added to the list. this, she had to retire from service.
§ Composition: NCM consists of a Chairperson, a § Women were already allowed to be Platoon
Vice-Chairperson and five members and all of and Company commanders, but never a Unit
them shall be from amongst the minority even if they were in Permanent Commission.
communities. Total of 7 persons to be nominated § The verdict enables them to become
by the Central Government should be from Commanding Officers in units and larger
amongst persons of eminence, ability and groupings which are headed by Colonel and
integrity. above ranks respectively.
§ Tenure: Chairperson and every Member shall § Command is now open to women officers — this
hold office for a term of three years. doesn’t necessarily mean commanding to fight
§ Functions: To evaluate the progress of the battalions, but that women can rise to the
developmental programs and legal & colonel level to be eligible for which 15 years of
constitutional safeguards for the welfare of service is required. A command can also be of a
minorities. To Look into specific complaints non-fighting unit.
regarding deprivation of the rights of minorities.
48


§ The judgment does not open combat arms § They shall not be Member of Parliament or
(infantry and armoured corps) to women. Member of the Legislature of any State or Union
Territory or hold any other office of profit.
ENFORCEMENT DIRECTORATE (ED) § They are not eligible for reappointment.
§ Under Department of Revenue Ministry of § Tenure, salary and allowances of the
finance. information commissioners is not fixed. RTI
§ ED is federal law enforcement agency and Amendment Act, 2019 has empowered the
economic intelligence agency responsible for Central Government to notify these.
enforcing economic laws and fighting economic NOTE: RTI Act, 2005 earlier assured incumbents of
crime in India. a fixed five years term, with 65 as the retirement age.
The salaries, allowances that were earlier pegged
DIRECTORATE OF REVENUE INTELLIGENCE with that of the Chief Election Commissioner (for
(DRI) Chief Central Information Commissioner) and
§ DRI is India's apex anti-smuggling Election Commissioner (Central Information
intelligence, investigations and operations Commissioner and State Chief Information
agency. Commissioner.
§ DRI works under the Central Board of Indirect
Taxes & Customs, Ministry of Finance, RASHTRIYA KAMDHENU AAYOG
Government of India. § Constituted in 2019, it is high powered
permanent apex advisory body to help Central
CENTRAL INFORMATION COMMISSION
Government to develop appropriate
§ Recently, the Parliamentary Committee on programmes for conservation, sustainable
Personnel, Public Grievances, Law and Justice development and genetic upgradation of
has decided to review working of the Central indigenous breeds of cows.
Information Commission (CIC) and the State § Under Ministry of Fisheries, Animal Husbandry
Information Commissions. and Dairying, it will function as an integral part
§ For the first time the functioning of this body of Rashtriya Gokul Mission.
would directly be scrutinized by a parliamentary § It begins nationwide campaign to celebrate
committee, to effectively implement its “Kamdhenu Deepawali Abhiyan” – Promoting
functioning. extensive use of cow-dung/ Panchgavya
§ Central/State (C/S) Information Commissions products this Diwali Festival.
are statutory bodies constituted under the
Right to Information (RTI) Act, 2005. NATIONAL HUMAN RIGHTS COMMISSION
§ They are the final appellate authority for RTI § Recently, The National Human Rights
Act. Commission (NHRC) has made a series of
§ CIC is required to submit annual reports to the recommendations to the Centre to eradicate
Parliament. manual scavenging.
§ Commission consists of a Chief Information § Background: NHRC was established in 1993. It
Commissioner and not more than ten is in conformity with the Paris Principles,
Information Commissioners. adopted at the first international workshop on
§ Members and chairperson appointed by national institutions for the protection of human
President on the recommendation of a select rights held in Paris in 1991.
committee consisting of Prime Minister as § Status: It is a statutory organization established
Chairperson, Leader of Opposition in the Lok under the Protection of Human Rights Act
Sabha and a Union Cabinet Minister nominated (PHRA), 1993.
by the Prime Minister. § It plays four key roles namely protector,
§ They should be persons of eminence in public advisor, monitor and educator of human
life with wide knowledge and experience in law, rights.
science and technology, social service etc.
49


§ Composition: Chairperson, should be retired artistic interest and which have been in
Chief Justice of India. One Member who is, or existence for not less than 100 years may be
has been, a Judge of the Supreme Court of India. declared as of national importance.
One Member who is, or has been, the Chief § Protection and maintenance of monuments
Justice of a High Court. Two Members to be declared as of national importance is taken up by
appointed from among persons having ASI.
knowledge of, or practical experience in, matters
relating to human rights. UNIVERSITY GRANTS COMMISSION (UGC)
§ Functions: The purpose of the NHRC is, suo- § University Grants Commission (UGC) came into
motu or through the petition of a person, to existence on 28th December, 1953 and became a
investigate the violation of human rights or statutory organization of the Government of
the failures of the state or other to prevent a India by an Act of Parliament in 1956, for the
human rights violation. The commissions may coordination, determination and maintenance of
also take on research about human rights, standards of teaching, examination and research
create awareness campaigns through various in university education.
mediums, and encourage the work of NGOs. § Head office of the UGC is located in New Delhi.
§ Headquartered: New Delhi.
FOOD SAFETY AND STANDARDS AUTHORITY
NATIONAL ANTI-DOPING AGENCY (NADA) OF INDIA (FSSAI)
§ Was set up in 2005 as registered society under § Statutory organisation established under Food
the Societies Registration Act of 1890. safety and standards Act, 2006.
§ It is an autonomous body under the Ministry § Ministry of Health & Family Welfare, is the
of Youth Affairs and Sports. Administrative Ministry for the implementation
§ The primary objectives are to implement anti- of FSSAI.
doping rules as per WADA code, regulate dope § Initiatives under FSSAI are:
control programme, to promote education and Ø "Blissful Hygienic Offering to God"
research and creating awareness about doping (BHOG) Certificate: To encourage Places of
and its ill effects. Worship (POW) to adopt and maintain food
§ National Dope testing Laboratory is a body safety and hygiene
under Ministry of Youth Affairs and Sports Ø Eat Right Movement: to improve public
responsible for analytical testing of samples and health in India and combat negative
research in the field of dope analysis. nutritional trends to fight lifestyle diseases
Ø Hygiene Rating Scheme: an online,
ARCHAEOLOGICAL SURVEY OF INDIA (ASI) transparent scoring and rating process +
§ It was founded in 1861 by Alexander aims to allow consumers to make informed
Cunningham who also became its first Director- choices about the places where they eat out
General. & rate businesses
§ Under administrative control of Ministry of Ø Heart Attack Rewind: 1st mass media
culture. campaign of its kind – will support FSSAI’s
§ It regulates all archaeological activities in the global target of eliminating transfat in India
country as per the provisions of the Ancient by the year 2022.
Monuments and Archaeological Sites and Ø FSSAI-CHIFSS: FSSAI has joined hands with
Remains (AMASR) Act, 1958. CHIFSS (CII-HUL Initiative on Food Safety
§ It also regulates Antiquities and Art Treasure Sciences) with the purpose of driving
Act, 1972. activities related to science- based food
§ Under Section 4 of the Ancient Monuments and safety in the country.
Archaeological Sites and Remains (AMASR) Act,
1958, ancient monuments or archaeological NATIONAL RECRUITMENT AGENCY (NRA)
sites which are of historical, archaeological or

50


§ The Union Cabinet has given its approval for PETROLEUM AND EXPLOSIVES SAFETY
creation of Independent body to conduct ORGANISATION (PESO)
Exams for Govt Jobs.
§ PESO is an apex department to control and
§ NRA aims to bring reform in the recruitment
administer manufacture, storage, transport and
process for central government jobs. NRA will be
handling of explosives, petroleum, compressed
a multi-agency body that would conduct a
gases and other hazardous substances in India.
Common Eligibility Test (CET) for recruitment
§ It functions under the Department of
to non- gazetted posts.
Industrial Policy and Promotion (DIPP),
§ CET will screen/shortlist candidates for the
Ministry of Commerce and Industry (not
Group B and C (non- technical) posts.
MoPNG).
§ It will be society registered under Societies
§ HQ located at Nagpur.
registration Act, headed by chairman with rank
§ Also, firecrackers licensing authority for units of
of Secretary to Govt of India.
higher capacity (in terms of chemical handling
§ CET will be held twice a year in 12 languages,
and production). The second category, of smaller
with score valid for 3 yrs.
units or ‘DM (district magistrate)-licensed units’,
NATIONAL COUNCIL FOR TRANSGENDER are monitored by the local revenue and police
PERSONS departments.
§ Recently, the Ministry of Social Justice and GEOLOGICAL SURVEY OF INDIA (GSI)
Empowerment has constituted the statutory
§ Function of GSI is creation and updation of
National Council for Transgender Persons,
national geoscientific information and mineral
under the Transgender Persons (Protection
resource assessment.
of Rights) Act, 2019.
§ It was set up in 1851 primarily to find coal
§ Aim: to mainstream the transgender
deposits for the Railways.
community’s concerns and To ensure that
§ Presently, it is an attached office to the Ministry
transgender welfare boards are set up in all
of Mines.
States.
§ Headquartered in Delhi.
§ Its chairperson will be the Union Minister of the

Ministry of Social Justice and Empowerment STUDENT NOTES:
§ Functions: advice government on matters
related to transgenders, monitor impact of
policies, redress grievance of transgender
person etc.

NATIONAL PORTAL FOR TRANSGENDER
PERSONS

§ Recently, Union Social Justice & Empowerment
ministry has launched Portal which would help
a transgender person in applying for a
Certificate and Identity card digitally from

anywhere in the country, without any physical

interface and without having to visit any office.
§ The right to self- perceived gender identity and
the procedure to issue the Transgender
certificate and Identity card has been defined in
the Transgender Persons (Protection of Rights)

Rules.

51


facing trial, no matter how serious the charges,
19. ELECTIONS AND POLITICAL
are free to contest elections.
PARTIES
SC CASES ON CRIMINALISATION OF POLITICS
REFORMS SUGGESTED TO ANTI-DEFECTION
§ Union of India (UoI) vs ADR 2002
LAW
§ Lily Thomas case (2013)
§ Report titled ‘Ethics in Governance’ of ARC § People's Union for Civil Liberties (PUCL) vs
Suggested that issue of disqualification of Union of India, 2014
members on grounds of defection should be § Public Interest Foundation Vs UoI 2014
decided by the President/Governor on the § Lok Prahari Vs UOI, 2018
advice of the Election Commission. § Public interest foundation case 2018)
§ In 1951 and 1953, the Conference of Presiding
Officers of legislatures in India passed a SVEEP PROGRAMME
resolution for the adoption of the British
§ Systematic Voters’ Education and Electoral
Convention for neutrality of speakers
Participation program, better known as SVEEP,
POSTAL VOTING is the flagship program of the Election
Commission of India for voter education,
§ It is a type of voting in elections whereby spreading voter awareness and promoting
Electronically Transmitted Postal Ballot Papers voter literacy in India.
(ETPB) are distributed to electors and returned § Since 2009, we have been working towards
by post. preparing India’s electors and equipping them
§ Person with disabilities (PwDs) and people with basic knowledge related to the electoral
over 80 years of age were allowed to cast process.
their vote in Delhi Assembly Election through
postal ballot. WHY DOES NOTA NOT APPLICABLE TO THE
§ Service voters have the option of either voting RAJYA SABHA POLLS?
through postal ballot or through a proxy voter. It
§ The Election Commission of India (ECI) issued
includes members of Armed Forces of the Union,
two circulars, on January 24, 2014 and
members of forces to which provisions of Army
November 12, 2015, giving Rajya Sabha
Act, 1950 applies members of armed police force
members the option to press the NOTA button in
of a State and serving outside that state and
the Upper House polls.
persons who are employed by GoI in a post
§ However, in 2018, the Supreme Court of India
outside India).
struck down the provision, holding that the

‘none of the above’ option is only for general
NOTE: Under Section 62 of the Representation of
elections held on the basis of universal adult
the People Act, 1951 prisoners are not allowed
suffrage, and cannot be applied to indirect
to vote but people under preventive detention can
elections based on proportional representation.
cast their votes through postal ballots.
DOES CROSS-VOTING ATTRACT
CRIMINALIZATION OF POLITICS DISQUALIFICATION IN RAJYA SABHA POLLS?
§ Recently, Supreme Court made it mandatory for § No. The Supreme Court, while declining to
political parties to publish, including on official interfere with the open ballot system, ruled that
social media pages, details of cases against their not voting for the party candidate will not
candidates and the reasons for selecting them attract disqualification under the anti-
over others. defection law.
§ Article 102(1) and 191(1) disqualifies an MP § As voters, MLAs retain their freedom to vote for
and an MLA respectively on certain grounds. a candidate of their choice. However, the Court
§ Section 8 of the Representation of People Act, observed that since the party would know who
1951, bans convicted politicians. But those voted against its own candidate, it is free to take
52


disciplinary action against the legislator § That means a party retains that status
concerned. irrespective of its performance in the next
elections.
CAN A LEGISLATOR VOTE WITHOUT TAKING
OATH AS A MEMBER OF THE ASSEMBLY IN INDELIBLE INK
RAJYA SABHA POLLS? § Recently, EC had taken the suo motu decision to
§ While taking oath as a member is for anyone to allow the use of indelible ink with certain
function as a legislator, the Supreme Court has conditions to mark people ordered quarantine
ruled that a member can vote in a Rajya Sabha themselves at home in view of the
election even before taking oath as legislator. “extraordinary circumstances” due to the
§ It ruled that voting at the Rajya Sabha polls, coronavirus pandemic.
being a non-legislative activity, can be § Ink refers to the violet-coloured ink in India
performed without taking oath. that is applied on a voter’s forefinger after she
§ A person becomes a member as soon as the list exercises her vote.
of elected members is notified by the ECI, it said. § In 1962, the Election Commission (EC) in
§ Further, a member can also propose a candidate collaboration with the Law Ministry, the
before taking oath. National Physical Laboratory of India and the
National Research Development Corporation
8TH NATIONAL PARTY made an agreement with Mysore Paints and
§ National People’s Party (NPP) got the status of Varnish Ltd. to manufacture ink that couldn't be
national party in 2019, after it was recognized as wiped off easily.
a state party in four states — Arunachal Pradesh, § Indelible ink remains bright for about 10 days,
Manipur, Nagaland and Meghalaya. after which it starts fading. It is known to contain
§ It is also the first party from Northeast India silver nitrate and is manufactured in secrecy.
to be recognized as a national party.
§ The Election Commission of India lists political ELECTION COMMISSION TACKLING
parties as “national party”, “state party” or CRIMINALIZATION OF POLITICS
“registered (unrecognized) party” under the § As per new guidelines, candidates as well as the
Election Symbols (Reservation and political parties will publish the details of
Allotment) Order, 1968. criminal antecedents, if any, in newspapers
§ For recognition as a national party, A party has and television 3 times.
to satisfy these conditions: § Uncontested winner candidates as well as the
1. 6% valid votes polled in any four or more political parties who nominate them shall also
states at a general election to the Lok Sabha publicize the criminal antecedents, if any.
or to the State legislative assembly; and, in § Currently, a candidate to any National or State
addition, it wins four seats in the Lok Sabha Assembly elections is required to furnish an
from any state or states. affidavit as per the Conduct of Elections Rules,
2. 2% of all Lok Sabha seats in the last such 1961, containing information regarding their
election, with MPs elected from at least three criminal antecedents, if any, their assets,
states. liabilities, and educational qualification.
3. Recognition as a state party in at least four
states. NEW RULES FOR POSTAL BALLOT
§ Recently announced by ECI, aim to make it more
LOSS OF RECOGNIZED STATUS convenient for those above 80 years of age and
§ Once recognized as a national or a state party, a people with disabilities to vote.
political party loses its given status only if it § Governed by Representation of People Act,
fails to fulfil any of the conditions for two 1951.
successive Assembly and two successive Lok § A restricted set of voters can exercise postal
Sabha elections. voting. Through this facility, a voter can cast her
53


vote remotely by recording her preference on § However, this only applies when a star
the ballot paper and sending it back to the campaigner limits himself to a general campaign
election officer before counting. for the political party, he represents.
§ Members of the armed forces like the Army, § Election Commission has revised norms for
Navy and Air Force, members of the armed star campaigners for polls during the pandemic.
police force of a state (serving outside the state),
government employees posted outside India and PARTY SYMBOLS
their spouses are entitled to vote only by post. § These symbols help the several unrecognized
parties and independent candidates
SECRET BALLOT differentiate themselves from one another and
§ Recently, Supreme Court has held in a judgment help voters identify the party of their choice.
that Secrecy of ballot is the cornerstone of free § The Election Symbols (Reservation and
and fair elections. Allotment) Order, 1968 empowers the EC to
§ The secret ballot, also known as Australian recognize political parties and allot symbols.
ballot, is a voting method in which a voter’s § As per the Election Symbols (Reservation and
choices in an election or a referendum are Allotment) (Amendment) Order, 2017, party
anonymous. symbols are either:
§ It aims for forestalling attempts to influence 1. Reserved: Eight national parties and 64
the voter by intimidation, blackmailing, and state parties across the country have
potential vote-buying. “reserved” symbols.
Significance: The system is one means of achieving 2. Free: The Election Commission also has a
the goal of political privacy. pool of nearly 200 “free” symbols that are
allotted to the thousands of unrecognized
RULING OF SUPREME COURT regional parties that pop up before elections.
§ The principle of secrecy of ballots is an § As per the guidelines, to get a symbol allotted: A
important postulate of constitutional party/candidate has to provide a list of three
democracy, the court said. symbols from the EC’s free symbols list at the
§ Justice Khanna, who wrote the judgment, time of filing nomination papers. Among them,
referred to Section 94 of the Representation of one symbol is allotted to the party/candidate on
People Act, which upholds the privilege of the a first-come-first-serve basis.
voter to maintain confidentiality about her § When a recognised political party splits, the
choice of vote. Election Commission takes the decision on
§ It is the policy of the law to protect the right of assigning the symbol.
voters to the secrecy of the ballot.
§ Even a remote or distinct possibility that a voter PPRTMS-AN ONLINE SYSTEM
can be forced to disclose for whom she has voted § Recently, on January 1, 2020, the Election
would act as a positive constraint and a check Commission of India launched an online system
on the freedom to exercise of the franchise. that will allow political parties to track their
applications.
STAR CAMPAIGNERS § The system is called Political Parties
§ Star campaigners can be described as persons Registration Tracking Management System
who are nominated by parties to campaign in a (PPRTMS).
given set of Constituencies. These persons are, in § The status of the application shall be obtained
almost all cases, prominent and popular faces through SMS or e-mail. The system works on a
within the Party. real time basis.
§ The expenditure incurred on campaigning by § For a political party to contest in election, it has
such campaigners is exempt from being added to submit an application to the election
to the election expenditure of a candidate. commission.

54


§ The commission checks if the party satisfies the
20. AMENDMENTS, ACTS, LAWS
criteria governed by section 29A of
Representation of People Act, 1951. AND BILLS IN NEWS
NEW GUIDELINES FOR ABSENTEE VOTING MINERALS (OTHER THAN ATOMIC AND HYDRO
CARBONS ENERGY MINERALS) CONCESSION
§ Recently the Ministry of Law and Justice (AMENDMENT) RULES, 2021
amended the Conduct of Election Rules, 1961,
to extend the facility of postal ballots to people § Rules prepared by Ministry of Mines, aims to
who are unable to cast their vote because of amend the Minerals Concession Rules, 2016.
service conditions. § To terminate the iron ore leases of those mines
§ Election Commission of India (ECI) has started that have, not started production after lapse of
working on detailed guidelines and SoPs to 7-8 months of auction and not maintained
facilitate the process of postal ballot paper for minimum dispatch quantity up to the level
absentee voters of essential services, Senior required under MCR for three consecutive
citizens of more than 80 years and marked quarters.
PwD electors. 126TH CONSTITUTIONAL AMENDMENT BILL
§ A concept of ‘absentee voter’ has been
introduced and defined for the elections: § Recently, 126th Constitutional Amendment Bill
‘Absentee voter’ means a person who is was passed by Parliament.
employed in essential services as mentioned § This bill was brought for two objectives:
in the said notification, and includes an elector Ø Extend reservation for Scheduled castes
belonging to the class of senior citizen or (SC) and Scheduled Tribes (ST)to Lok Sabha
persons with disability. and legislative bodies.
Ø ‘Person with disability’ means a person Ø Remove provision of nominating Anglo
flagged as person with disability in the data Indians to Lok Sabha and legislative bodies.
base for the electoral roll.
Ø ‘Senior citizen’ for the purpose of this Part CONSTITUTIONAL PROVISIONS FOR
means an elector belonging to the class of RESERVATION OF SEATS
absentee voters and is above 80 years of § For SC/STs: Article 330 and 332 provides for
age. the reservation of seats for SC/STs in Lok Sabha
§ In the case of absentee voter, postal ballot paper and State Legislative Assemblies respectively, on
shall be returned to the centre provided for the basis of their population ratio. Also, there is
recording of vote subject to any direction that no baron SC/STs candidates contesting from
may be issued by the Election Commission in general seats.
this behalf. § For Anglo-Indians: The reservation for Anglo
§ These two categories of voters - senior citizen Indians was provided as they were in very small
of more than 80 years of age and PwD electors numbers and were diffused over different parts
marked in the electoral roll – will have now of the country.
choice of voting either as absentee voter or as a
regular voter on the poll day. The idea of such nominations is traced to Frank
Anthony, who headed the All-India Anglo-Indian
STUDENT NOTES: Association. Art. 331was added in the Constitution
following his suggestion to Jawaharlal Nehru.

ELECTRICITY (RIGHTS OF CONSUMERS) RULES,
2020

§ Union Government first time laid down rights
to electricity consumers through it.

55


§ Every distribution licensee must supply Constitution to allow reservation for the EWS
electricity on request made by an owner or among the general category.
occupier of any premises. § It was enacted to promote the welfare of the
§ Consumers would get electricity connection in poor not covered by the 50% reservation policy
prescribed timeline - 7 days in Metro cities, 15 for the SC/ST and the Socially and Educationally
days in other cities and 30 days in rural areas. Backward Classes.
§ No connection shall be given without a meter. § Article 15 has been amended to enable the
§ Wilful disregard to consumer rights would result government to take special measures for the
in levying penalties on service providers. advancement of “economically weaker sections”
§ Consumer Grievance Redressal Forum (EWS).
(CGRF) established would include consumer § Up to 10% of seats may be reserved for such
and prosumer representatives. sections for admission in educational
institutions. Such reservation will not apply to
AADHAAR Minority Educational Institutions (MEI).
§ Aadhaar entered in its tenth year of existence. § The newly added Article 16(6) permits the
§ Aadhar is a verifiable 12-digit numeric government to reserve up to 10% of all posts for
identification number issued by the Unique the “Economically Weaker Sections” of
Identification Authority of India (UIDAI) to the citizens.
resident of India. § This reservation of up to 10% for the EWS will
§ Aadhaar collects only four pieces of personal be in addition to the existing reservation cap
information – name, age, gender and address – of 50% reservation for SC, ST and OBCs.
along with biometric data + In addition, Aadhaar § The central government will notify the
has created new features such as virtual IDs that “Economically Weaker Sections” of citizens on
help protect an individual’s privacy. the basis of family income and other indicators
of economic disadvantage.
UIDAI
RTI ACT, 2005
A statutory authority established under the
provisions of Aadhaar Act 2016, under the Ministry § RTI Act provides the mechanism for grievance
of Electronics & Information Technology. redressal to citizens who are denied any
information.
EWS QUOTA IN STATES § RTI applicant is not required to give any
§ The central government recently told the reason for seeking information.
Supreme Court that state governments were § Public authorities mandated to proactively
free to decide whether to implement the 10% disclose certain information (like functions,
reservation for the economically backward in structure etc.).
jobs and admissions. § Public authorities designate some officers in
§ While responding to a PIL for the their administrative units as the Public
implementation of Economically Weaker Information Officers (PIOs). These PIOs are
Section (EWS) quota in Tamil Nadu and mandated to supply the information sought
Karnataka, Centre submitted an affidavit in the within 30 days or 48 hours If information
Supreme Court stating that: Centre has no role sought concerns the life or liberty of a person).
in deciding the reservation policy of a state § If the information sought is not provided within
government. the specified time period, then the RTI applicant
§ State governments were free to decide can file appeal against the decision of the PIOs.
whether to implement the 10% quota for § The first appeal lies within the public authority
EWS in state government jobs and admissions to itself. The first Appellate Authority happens to
state government educational institutions. be an officer senior in rank to the Central Public
§ The 103rd Constitution Amendment Act 2019 Information Officer.
inserted Article 15 (6) and Article 16 (6) in the
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§ Final Appellate Authority is Central Information Ø non-Government organisation substantially
Commissioner (CIC). financed, directly or indirectly by funds
provided by the appropriate Government.
RIGHT TO PROPERTY
§ Recently, the Supreme Court has reiterated that
forcible dispossession of a person of his
private property without due process of law
is a human right violation.
§ The Constitution originally provided for the
Right to Property as a fundamental right (F.R.)
under Articles 19 and 31.
§ Art. 19(1) (f) guaranteed to the Indian citizens
a right to acquire, hold and dispose of property.
§ Article 31 of Indian Constitution stated that no
person can be deprived of his property without
the consent of a proper authority.
§ Also Article 31(2) had put two limitations on

IMPORTANT SECTION OF RTI: State power of acquisition of land viz.
§ Section 4 of the RTI Act requires suo motu 1. Firstly, the compulsory acquisition or
disclosure of information by each public requisitioning of land should be for public
authority. However, such disclosures have purpose.
remained less than satisfactory. 2. Secondly, the law enacted in that behalf
§ Section 8 (1) mentions exemptions against should provide for compensation.
furnishing information under RTI Act. § However, after independence, it resulted in
§ Section 8 (2) provides for disclosure of numerous litigations between the government
information exempted under Official Secrets Act, and citizens. Major contentious issues were:
1923 if larger public interest is served. Ø Laws enacted by government in relation to
land reform
Genesis of RTI law started in 1986, through Ø Measures to provide housing to the people in
judgement of Supreme Court in Mr. Kulwal v/s the urban area.
Jaipur Municipal Corporation case, in which it Ø Regulation of private enterprises
directed that freedom of speech and expression Ø Nationalization of some commercial
provided under Article 19 of the Constitution undertakings.
clearly implies Right to Information, as without § To narrow its scope it was modified several
information the freedom of speech and times by the constitutional amendments namely
expression cannot be fully used by the citizens. 1st, 4th, 17th, 25th and 42nd Constitutional
Amendment Acts.

PUBLIC AUTHORITY: § However, it was continued to be seen as a
"Public authority" means any authority or body or roadblock in socio-economic development of the
institution of self-government established or country.
constituted: § Finally, 44th Constitutional Amendment Act
§ by or under the Constitution; repealed the entire Article 31 and Article
§ by any other law made by Parliament/State 19(1)(f) & inserted Article 300A.
Legislature.
§ by notification issued or order made by the RIGHT TO PROPERTY UNDER ARTICLE 300A
appropriate Government, and includes any: § Article 300-A states that no person shall be
Ø body owned, controlled or substantially deprived of his property save by authority of
financed; law. This means that-

57


§ Property is no longer a Fundamental Right, i.e. § Currently, there are 44 labour laws under the
the aggrieved individual would not be purview of Central Government and more than
competent to move to Supreme Court under 100 under State Governments.
Article 32, for any violation of Art 300A. § Indian Laws generally follows some ILO
§ Also, a law will be necessary to deprive a Conventions like Right to Freedom of
person of his property. Association (ILO Convention 87) and Rights to
Collective Bargaining (ILO Convention 98).
ARBITRATION AND CONCILIATION
(AMENDMENT) ACT, 2019 MOTOR VEHICLE AGGREGATOR GUIDELINES
ISSUED
§ Enforcement of various provisions of the
Arbitration and Conciliation (Amendment) Act, § Recently guidelines were issued by Ministry of
2019. Road Transport and Highways.
§ On August 9, 2019, the President of India gave § Aggregator refers to a digital intermediary or
his assent to the amendments to the Arbitration market place for a passenger to connect with a
and Conciliation Act, 1996. driver for the purpose of transportation, E.g.,
§ The Amendment Act empowers the Supreme Ola, Uber etc.
Court (in the case of an international § Guidelines aimed at regulating shared mobility
commercial arbitration) and the High Court (in and reducing traffic congestion and pollution
cases other than international commercial and to provide ease of doing business etc.
arbitration) to designate arbitral institutions
ARMED FORCES (SPECIAL POWERS) ACT
for the purpose of appointment of
(AFSPA)
arbitrators.
§ Such arbitral institutions will be graded by the § AFSPA in Assam extended for six months from
Arbitration Council of India. August 28.
§ The Armed Forces (Special Powers) Act 1958 is
ARBITRATION COUNCIL OF INDIA: a parliamentary legislation to bring under
§ The act introduced the concept of an control what the government of India
Arbitration Council of India, which will be considered ‘disturbed’ areas.
established by a notification by the Central § Under the act, the government will have the
Government, and will have its headquarters in authority to prohibit a gathering of five or
Delhi. more persons in an area, can use force or even
§ The composition of the Council will include a open fire after giving due warning if they feel a
Chairperson who is a Judge of the Supreme person is in contravention of the law.
Court/ Chief Justice of a High Court/Judge of a § If reasonable suspicion exists, the army can also
High Court or an eminent person, having special arrest a person without a warrant; enter or
knowledge and experience in the conduct or search premises without a warrant; and ban the
administration of arbitration. possession of firearms.
§ Chairperson is appointed by the Central § Any person arrested or taken into custody may
Government in consultation with the Chief be handed over to the officer in charge of the
Justice of India. nearest police station along with a report
§ The other Members of the Council will include an detailing the circumstances that led to the arrest.
eminent arbitration practitioner and an eminent
academician. What is a “Disturbed Area”?
§ A disturbed area is one which is declared by
LABOUR LAWS FRAMEWORK IN INDIA notification under Section 3 of the AFSPA.
§ Labour is subject in the Concurrent List of the § An area can be disturbed due to differences or
seventh schedule, thus allowing both the Centre disputes between members of different
and states to legislate on labour related issues. religious, racial, language or regional groups or
castes or communities.

58


§ Once declared ‘disturbed’, the region has to § Recognizing “Data Centres” as a separate
maintain status quo for a minimum of three category under National Building Code.
months, according to The Disturbed Areas § Setting-up of Data Centre Economic Zones.
(Special Courts) Act, 1976. § Establishment of bodies such as Inter-
Ministerial Empowered Committee (IMEC)
Who has the power to declare it? under the Chairmanship of Secretary, Meity and
§ The Central Government or the Governor of Independent Data Centre Industry Council
the State or administrator of the Union (DCIC) which would act as an interface between
Territory can declare the whole or part of the the sector and the Government.
State or Union Territory as a disturbed area.
§ The Ministry of Home Affairs would usually PESTICIDES MANAGEMENT BILL 2020
enforce this Act. § Union Cabinet has approved the Pesticide
§ The state governments can suggest whether Management Bill 2020 to promote the use of
the Act is required to be enforced or not. organic pesticides in the country.
§ But under Section (3) of the Act, their opinion § Currently, the pesticide business is regulated by
can still be overruled by the governor or the rules under the Insecticides Act 1968.
centre. § The bill will empower farmers to get all the
information regarding pesticides including
J&K’S ROSHNI ACT 2001
their strengths and weaknesses and the risk and
§ Pertaining to scam and irregularities, the law alternatives involved, as the data would be made
was declared null and void recently by the available in open source, in a digital format
Government. and in all languages.
§ Enacted in 2001, act related to Jammu and § The bill will also include the provision of
Kashmir envisaged the transfer of ownership compensating the farmers in case of losses due
rights of state land to its occupants, subject to to the use of spurious or low quality of
the payment of a cost, as determined by the pesticides.
government. § The union government may form a central fund
§ The law sought to regularize unauthorized land. to take care of the compensation.
§ Further, through amendments, the government § Any person who wants to import, manufacture,
also gave ownership rights of agricultural land to or export pesticides would have to register
farmers occupying it for free, charging them only under the new bill and provide all details
Rs 100 per kanal as documentation fee. regarding any claims, expected performance,
§ The government said the revenue generated efficacy, safety, usage instructions, and
would be spent on commissioning infrastructure available to stock that pesticide.
hydroelectric power projects, hence the name The information will also include details on the
“Roshni”. pesticide’s potential effects on the
environment.
DRAFT DATA CENTRE POLICY, 2020
§ The bill also plans to regulate pesticides-
§ Formulated by MEITY related advertisements to check misleading
§ Proposal to provide Infrastructure Status to claims by industries and manufacturers.
the Data Centre Sector.
§ Establishing a single window clearance with § In the domestic market, Maharashtra, Uttar
the defined timelines. Pradesh, Punjab and Haryana are among the
§ Provides for setting up of pre-provisioned Data states with the highest recorded consumption.
Centre Parks. “Data Centres” to be declared as § Amongst the crops, paddy accounts for the
an Essential Service. maximum share of consumption (26-28%),
§ Provisions are Availability of uninterrupted, followed by cotton (18-20%).
clean and cost-effective electricity.
MINERAL LAWS (AMENDMENT) ACT, 2020

59


§ For amendments in Mines & Mineral INDIAN PENAL CODE (IPC) AND CODE OF
(Development and Regulation) Act 1957 and CRIMINAL PROCEDURE (CRPC)
The Coal Mines (Special Provisions) Act, 2015.
§ Recently, two panels formed to revamp ‘British-

era’ IPC.
Provisions:
§ Indian Penal Code (IPC): is the law that states
§ Composite license for prospecting and mining.
the punishable offences in India, along with their
§ Removal of restriction on end-use of coal.
punishments or penalty or both.
§ Companies which do not possess any prior coal
§ Criminal Procedure Code (CrPC): pertains to
mining experience in India but are financially
the law that describes the overall procedure
strong and or have mining experience in other
which is to be followed while undertaking a
minerals or in other countries can now
criminal case.
participate in auction of coal/lignite blocks.
§ The initial sketch of the Indian Penal Code was

Reallocation after termination of the allocations: drawn by Lord Macaulay in 1830s, but it was
§ Such mines may be reallocated through auction finally drafted in 1860 and came into force in
or allotment as may be determined by the 1862.
central government. § Prior to that, the final draft of Codes of Civil and
§ Prior approval of the central government is Criminal Procedure was ready in 1861.
not required in granting of reconnaissance § Indian Penal Code was inherited by Pakistan
permit, prospecting license or mining lease in after separation and was later named Pakistan
respect of the minerals. Penal Code and the same was adopted by
§ State Governments have been allowed for taking Bangladesh also.
an advance action for auction of the mining § It was also adopted in almost all the British
lease before the expiry of the lease period. colonies of Asia such as Burma, Sri Lanka,
§ The various approvals, licenses, and clearances Malaysia, Singapore and Brunei.
given to the previous lessee will be extended to § Before 1860, the basis of justice was ‘The
the successful bidder for a period of two years. English Criminal Law’ which was administered
in the Presidency-Towns of Bombay, Calcutta
POCSO AMENDMENT ACT 2019 and Madras.

§ Amendment increases the minimum
Bureau of Police Research and Development
punishment (including death penalty) for
(BPR&D)
penetrative sexual assault.
§ The Bureau of Police Research and Development
§ Adds assault resulting in death of child, and
(BPR&D), was set up on 28 August 1970.
assault committed during a natural calamity, or
§ Its main aim is to the modernization of police
in any similar situations of violence into
forces in the country.
Aggravated penetrative sexual assault.
§ At present it has 4 divisions, namely – Research,
§ Defines child pornography as any visual
Development, Training & Correctional
depiction of sexually explicit conduct involving a
Administration.
child including photograph, video, digital or
§ It works under the Union Ministry of Home
computer-generated image indistinguishable
Affairs.
from an actual child.
§ Central government has notified the Protection BENGAL EASTERN FRONTIER REGULATION
of Children from Sexual Offences (POCSO) Rules, (BEFR) ACT, 1873
2020 which gives effect to amendments made to
POCSO Act in 2019 with provision like § Bengal Eastern Frontier Regulation Act 1873
mandatory police verification of staff, state govt was framed by the Britishers to restrict “British
responsibility to make child protection policy Subjects” (Indians) entry in certain designated
etc. areas.
§ The BEFR allows Arunachal Pradesh,
Manipur, Mizoram and Nagaland not to let
60


non-resident Indians in without an Inner-Line § Information & Broadcasting (I&B) Ministry has
Permit (ILP) for a temporary stay. said it cannot pre-censor a programme, or
stop it from being telecast.
HINDU SUCCESSION ACT, 1956 § It is because Indian broadcast rules do not
§ The Mitakshara school of Hindu law codified permit pre-censorship of TV programmes and
as the Hindu Succession Act, 1956 governed advertisements — that is banning them before
succession and inheritance of property but only they are aired — and only films and film
recognised males as legal heirs. trailers are pre-certified by the Central
§ It applied to everyone who is not a Muslim, Board of Film Certification (CBFC).
Christian, Parsi or Jew by religion.
§ Buddhists, Sikhs, Jains and followers of Arya LAND ACQUISITION, REHABILITATION AND
Samaj, Brahmo Samaj, are also considered RESETTLEMENT ACT 2013 (2013)
Hindus for this law. § LARR Act replaced the Land Acquisition Act,
1894 (1894 Act).
RIGHT OF DAUGHTERS § The new Act provides for higher compensation
§ Recently, the Supreme Court (SC) has to those deprived of land by the government for
expanded the Hindu women’s right to be the both public and private sector projects.
coparcener (joint legal heir) and inherit § It also mandates consent of a majority of land-
ancestral property on terms equal to male owners, and contains provisions for
heirs. rehabilitation and resettlement.
§ It ruled that a Hindu woman’s right to be a joint § According to Section 24(2), land acquisition
heir to the ancestral property is by birth and made under the old law of 1894 lapses if the
does not depend on whether her father is alive award of compensation had been made five
or not. years before the new Act came into force, but has
§ Hindu Succession (Amendment) Act, 2005 not been paid.
amended Section 6 of the Hindu Succession Act, § In such cases, the process will have to be gone
1956. It came into effect on September 9, 2005. through afresh under the new Act, which
§ It removed the discrimination clause in mandates higher compensation.
inheritance of ancestral properties by giving
equal rights to daughters. KEY PROVISIONS OF NIA (AMENDMENT) ACT
2019
§ However, the amendment threw up two
questions such as: § Enhances the scope of Offences: which are
1. whether it would apply only to daughters mentioned in the schedule to the Act, such as the
born after September 9, 2005; Atomic Energy Act, 1962, and the Unlawful
2. whether, if they were born before that, it Activities Prevention Act, 1967.
would be limited to those whose father (the § Enhances the jurisdiction of the NIA: as the
coparcener) was also alive on that day. officers of the NIA will have the power to
§ This judgement only applies to HUF property, investigate scheduled offences committed
and does not affect personal or self-acquired outside India, subject to international treaties
assets held individually. and domestic laws of other countries.
§ NIA Act allowed the central government to
CABLE TV NETWORKS (REGULATION) ACT, constitute Special Courts for the trial of
1995 scheduled offences.
§ The government has allowed Sudarshan News, a
Hindi channel, to air a controversial programme Recently government has empowered the National
that seeks to “expose” a “conspiracy to Investigation Agency (NIA) to investigate offences
infiltrate Muslims” into the Indian civil under the Narcotic Drugs and Psychotropic
services. Substances (NDPS) Act.

61


MATERNITY BENEFIT AMENDMENT ACT, 2017 § It aims to monitor medical procedures used
to assist people to achieve pregnancy and to
§ Maternity benefit isn’t a matter of charity says
regulate ART clinics and banks, prevention of
Delhi High Court.
misuse, safe and ethical practice of ART services.
§ Amendment Act has increased the duration of
§ A national Board, national registry and
paid maternity leave available for women
registration authority and State Boards to lay
employees from the existing 12 weeks to 26
down a code of conduct to be observed by those
weeks for the first two children.
operating clinics, set the minimum standards of
§ Under the Act, this benefit could be availed by
physical infrastructure, laboratory and
women for a period extending up to 8 weeks
diagnostic equipment and expert manpower.
before the expected delivery date and
§ States and Union Territories will also have to
remaining 18 weeks can be availed post
form State Boards and State authorities within
childbirth.
three months of the notification of the proposed
§ Maternity leave for children beyond the first two
legislation
will continue to be 12 weeks.
§ To ensure confidentiality of intending couples
§ Maternity leave of 12 weeks to be available to
and protect the rights of the child.
mothers adopting a child below the age of three
months. ANTI-MARITIME BILL, 2019
§ The law is applicable to all institutions with
10 or more employees; it also makes it § Recently, External Affairs Minister introduced
mandatory for every organization with 50 or the Anti-Maritime bill in parliament.
more employees to have a crèche. § The Bill enables Indian authorities to take
§ Women employees would be permitted to visit action against piracy in the high seas.
the crèche 4 times during the day. § The Bill brings into law the UN Convention on
§ The Maternity Benefit Amendment Act makes it the Law of the Sea. It applies to the sea beyond
mandatory for employers to educate women the Exclusive Economic Zone (EEZ), i.e., beyond
about the maternity benefits available to them 200 nautical miles from India’s coastline.
at the time of their appointment. § The Bill defines piracy as any illegal act of
violence, detention or destruction against a ship,
COMPANIES (AMENDMENT) ACT, 2020 aircraft, person or property, for private
purposes, by the crew or passengers of a private
§ It is based on the Company Law Committee
ship or aircraft.
(CLC) which was set up under the Chairmanship
§ Piracy also includes inciting and intentionally
of Shri Injeti Srinivas in 2019.
facilitating such acts of violence, and voluntarily
§ CLC was constituted with a view to
participating in the operation of a pirate ship or
decriminalize offences and provide ease of
aircraft.
doing business as part of the government
§ Committing an act of piracy will be punishable
Covid-19 relief package to the corporates and
with: (i) life imprisonment; or (ii) death, if the
other stakeholders.
act of piracy causes or seeks to cause death.
§ Amendment removes the penalty, imprisonment
§ Participating, organising, aiding, supporting,
for 9 offenses which relate to non-compliance
attempting to commit, and directing others to
with orders of the national company law
participate in an act of piracy will be punishable
tribunal (NCLT), and reduces the amount of fine
with up to 14 years of imprisonment, and a fine.
payable in certain cases.
§ India does not have a separate domestic
ASSISTED REPRODUCTIVE TECHNOLOGY legislation on piracy.
REGULATION (ART) BILL 2020 § The provisions of the Indian Penal Code
pertaining to armed robbery and the Admiralty
§ ART help couples unable to conceive naturally,
jurisdiction of certain courts have been invoked
with the aid of state-of-the-art technology, to
in the past to prosecute pirates apprehended by
achieve pregnancy.
the Indian Navy and the Coast Guard.

62


CINEMATOGRAPH ACT, 1952 § It also provides penalties for disobeying any
regulation or order made under the Act.
§ Cinematograph Amendment Bill, 2019 is a
These are according to section 188 of the Indian
measure taken by the government to tackle the
Penal Code (Disobedience to order duly
issue of piracy.
promulgated by public servant).
§ It seeks to introduce two Sections to the
§ It also gives legal protection to the
Cinematograph Act, 1952:
implementing officers acting under the Act.
1. Prohibiting illegal recording in cinema halls

to make a “pirate copy” of the film.
EXAMPLES OF IMPLEMENTATION:
2. Prescribing punishment of up to three years
§ In 2018, the Act was enforced as cholera began
or a fine of up to Rs 10 lakh for the said
to spread in a region of Gujarat.
offence.
§ In 2015, to deal with malaria and dengue in
EPIDEMIC DISEASE ACT, 1897 Chandigarh, the Act was implemented and
controlling officers were instructed to ensure
§ Recently a high level meeting to tackle COVID-19
the issuance of notices and challans of Rs 500 to
has been decided that all States/Union
offenders.
Territories should be advised to invoke
§ In 2009, to tackle the swine flu outbreak in
provisions of Section 2 of the Epidemic
Pune, Section 2 powers were used to open
Disease Act, 1897.
screening centres in civic hospitals across the
§ Health is a State subject, but by invoking
city, and swine flu was declared a notifiable
Section 2 of the Epidemic Diseases Act,
disease.
advisories and directions of the Ministry of
Health & Family Welfare will be enforceable. LAW INVOKED DURING LOCKDOWN
§ The Epidemic Diseases Act was introduced by
the British to tackle the epidemic of bubonic During India coronavirus lockdown, the laws that
plague that broke out in the then state of come into play.
Bombay in 1890s. § Section 188 IPC: It is used for defaulters who
§ It does not define “dangerous”, “infectious”, or disobey the orders of the public servants during
“contagious diseases”, and an “epidemic”. the lockdown.
§ Epidemic Disease Act is routinely enforced § Section 271 IPC: Whosoever disobeys the
across the country for dealing with outbreaks of quarantine rule shall be punished with
diseases such as swine flu, dengue, and cholera. imprisonment or fine or both.
§ It empowers state governments/UTs to take § Section 269 IPC: Negligent act likely to spread
special measures and formulate regulations infection of disease
for containing the outbreak. § Section 54 of the Disaster Management Act
§ It also empowers state to prescribe such provides for imprisonment, extending to one
temporary regulations to be observed by the year, of those who make or circulate a false
public or by any person or class of persons as it alarm or warning regarding a disaster or its
shall deem necessary to prevent the outbreak of severity or magnitude.
such disease or the spread thereof. § Under Section 52, Disaster Management Act,
§ The state may determine in what manner and by whoever makes a false claim for obtaining “any
whom any expenses incurred (including relief, assistance, repair, reconstruction or other
compensation if any) shall be defrayed. benefits” from any official authority can be
§ The State Government may take measures and sentenced to a maximum of two years
prescribe regulations for the inspection of imprisonment and a fine will be imposed on the
persons travelling by railway or otherwise, and person.
the segregation, in hospital, temporary § Section 51 of the Disaster Management Act,
accommodation or otherwise, of persons 2005 provides for punishment for two kinds of
suspected by the inspecting officer of being offences:
infected with any such disease.
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1. Obstructing any officer or employee of UNMANNED AIRCRAFT SYSTEM RULES, 2020
the government or person authorised by
Rules brought by Ministry of Civil Aviation for
any disaster management authority for
importing, manufacturing and owning drones as
discharge of a function;
well as for drone ports, or airports for drones.
2. Refusing to comply with any direction
given by the authorities under the Act. PRE-CONCEPTION AND PRE-NATAL
Punishment can extend to one year on DIAGNOSTIC TECHNIQUES (PCPNDT) ACT,
conviction, or two years if the refusal leads 1994
to loss of lives or any imminent danger.
§ It was enacted in 1994 and amended in 2003.
§ Section 505 IPC: provides for imprisonment of
§ Objectives: To ban the use of sex selection
three years or fine, or both, for those who
techniques before or after conception and to
publish or circulate anything which is likely to
prevent the misuse of prenatal diagnostic
cause fear or alarm.
technique (PDNT) for sex selective abortion.
INDIA’S DOMESTIC LAWS TO DEAL WITH
NATIONAL COMMISSION FOR INDIAN SYSTEMS
HEALTH EMERGENCIES
OF MEDICINE (NCIM) BILL, 2019
§ Public order and health are state subjects as
§ Bill seeks to repeal the Indian Medicine Central
per the Indian Constitution thus various states
Council Act, 1970.
invoked the Epidemic Diseases Act, 1897 to
§ Objectives: include framing policies for
pass orders and guidelines on social distancing
regulating medical institutions and medical
measures, closure of establishments and
professionals of Indian System of Medicine,
limitation on activity.
Ensuring compliance by the State Medical
§ Disaster Management Act, 2005 (DM Act),
Councils of Indian System of Medicine to the
was then invoked by the Central government to
regulations made under the Bill & ensuring
impose a blanket lockdown to ensure
coordination among the autonomous boards set
consistency in the application and
up under the Bill.
implementation of various measures.
§ The NCISM will consist of 29 members,
§ 7th Schedule of the Constitution does not have appointed by the central government. Within
an explicit entry on disaster management. three years of the passage of the Bill, state
Hence, Parliament had to resort to Concurrent governments have to establish State Medical
List entry 23 on “Social security and social Councils for Indian System of Medicine at the
insurance; employment and unemployment” state level.
to trigger provisions of the DM Act.
NATIONAL COMMISSION FOR HOMEOPATHY
NATIONAL SECURITY ACT (NSA), 1980 BILL, 2019
§ NSA was promulgated during the Indira Gandhi § Bill seeks to repeal the Homeopathy Central
government. Act allows preventive detention Council Act, 1973.
for specified months, if authorities are satisfied § Objectives: include Framing policies for
that a person is a threat to national security or regulating medical institutions and homeopathic
law and order. medical professionals, Assessing the
§ The person does not need to be charged during requirements of healthcare related human
this period of detention. The goal is to prevent resources and infrastructure, ensuring
the individual from committing a crime. compliance by the State Medical Councils of
§ Under the National Security Act, an individual Homeopathy of the regulations made under the
can be detained without a charge for up to 12 Bill & Ensuring coordination among the
months. autonomous boards set up under the Bill.
§ A person detained under the National Security § Bill aims to provide availability of adequate and
Act can be held for 10 days without being told high quality homeopathic medical professionals.
the charges against them.
64


§ Bill sets up the National Commission for formalize the logistics services and promote
Homeopathy (NCH), which will consist of 20 digitization in the sector, which is key for the
members, appointed by the central government smooth movement of goods.
§ Also aims to reduce the logistics cost from the
INSTITUTE OF TEACHING AND RESEARCH IN present 14% of the Gross Domestic Product
AYURVEDA BILL, 2020 (GDP) to less than 10% of GDP.
§ Rajya Sabha has passed the Institute of Teaching § The new law tends to define various
and Research in Ayurveda Bill, 2020. participants of the logistics sector and create a
§ Merger: The bill aims to merge three institutes light regulatory ecosystem.
into one integrated centre which will be called
the “Institute of Teaching and Research in FOREST RIGHTS ACT, 2006
Ayurveda” which will be based in Jamnagar, § The Jammu and Kashmir administration
Gujarat. recently said that it was in the process of
§ It will be the first Ayurveda institution to be implementing the Forest Rights Act, 2006 to
given the status of institution of national grant the rights to forest dwellers in the region.
importance. § The act recognizes and vest the forest rights and
§ Objective of Institute: The Institute will; occupation in Forest land in forest Dwelling
Ø Develop patterns of teaching in medical Scheduled Tribes (FDST) and Other
education in Ayurveda and pharmacy Traditional Forest Dwellers (OTFD)who have
Ø Bring together educational facilities for been residing in such forests for generations.
training of personnel in all branches of
Ayurveda among others. Key features of the FRA are:
§ Functions of Institute: The functions of the Following rights have been granted to Scheduled
Institute will include: a) provide for Tribes and Other Traditional Forest Dwellers:
undergraduate and postgraduate teaching in § Title rights - i.e., ownership - to land that is
Ayurveda (including pharmacy) b) prescribe being cultivated by tribals or forest dwellers
courses and curricula for both undergraduate as on 13 December 2005, subject to a maximum
and postgraduate studies in Ayurveda among of 4 hectares.
others. § Community rights - to grazing areas, fishing,
§ Funds of Institute: The institute will receive accessing water bodies in forests, to pastoralist
funds from the central government and other routes, etc. and to intellectual property and
sources. The accounts of the Institute will be traditional knowledge related to biodiversity
audited by the Comptroller and Auditor General and cultural diversity.
of India. § Relief and development rights - to
rehabilitation in case of illegal eviction or forced
NATIONAL LOGISTICS EFFICIENCY AND displacement; and to basic amenities, subject to
ADVANCEMENT PREDICTABILITY AND SAFETY restrictions for forest protection.
ACT (NLEAPS) § Forest management rights- to protect,
§ The Ministry of Commerce and Industry is regenerate or conserve or manage any
considering replacing the Multimodal community forest resource which the
Transportation of Goods Act, 1993 (MMTG) with communities have been traditionally protecting
a National Logistics Efficiency and Advancement and conserving for sustainable use.
Predictability and Safety Act (NLEAPS). § Right to collect and sell minor forest produce
§ It was introduced to facilitate the exporters and (MFP): These include forest products like
give them a sense of security in transporting tendu leaves, honey and other products that
their goods. have commercial value.
§ It aims to streamline the logistics ecosystem § Eligibility to get rights under the Act: is
in the country, with a view to promote growth of confined to those who "primarily reside in
the sector along with modernization and forests" and who depend on forests and forest

65


land for a livelihood. Further, either the claimant § Bill seeks to grant Scheduled Tribes (ST) status
must be a member of the Scheduled Tribes to certain communities in Karnataka, was
scheduled in that area or must have been passed by Parliament.
residing in the forest for 75 years. § Bill amends the section of Constitution
§ Authority: The Act provides that the Gram (Scheduled Tribes) Order, 1950 that deals with
Sabha, will initially pass a resolution STs in Karnataka.
recommending whose rights to which § Communities included are: Parivara, Talawara
resources should be recognised. This and Siddi tribes (of Belagavi, Dharwad).
resolution is then screened and approved at the § STs have been defined in clause (25) of article
level of the sub-division and subsequently at the 366 of the Constitution.
district level. § Under Article 342 of the Constitution, the first
specification of STs in relation to a particular
NATIONAL MEDICAL COMMISSION (NMC) ACT State/ UTs is by a notified order of the
2019 President, after consultation with the
§ The act seeks to proposes to repeal the Indian governor of the State concerned.
medical council act, 1956 and replace the § These orders can be modified subsequently only
medical council of India. through an Act of Parliament.
§ Act sets up the National Medical Commission § Criterion followed for specification of a
(NMC). Also, within three years of the passage of community, as scheduled tribes are indications
the Act, state governments will establish State of primitive traits, distinctive culture,
Medical Councils at the state level. geographical isolation, shyness of contact with
§ The NMC will consist of 25 members, appointed the community at large, and backwardness.
by the central government. Central government
will constitute a Medical Advisory Council. NOTE: Criterion is not spelt out in the
§ Act sets up autonomous boards under the Constitution but has become well established.
supervision of the NMC. Under the Act, the NMC
may grant a limited license to certain mid- § The list of STs is State/UT specific and a
level practitioners connected with the modern community declared as a ST in a State need not
medical profession to practice medicine. be so in another State.
§ There will be a uniform National Eligibility-
CIVIL DEFENCE
cum-Entrance Test for admission to under-
graduate and post-graduate super-specialty § Civil Defence operates under the Civil Defence
medical education in all medical institutions Act, 1968 and associated rules and regulations.
regulated under the Act. § The Act was amended in 2009 and a notification
§ The Act also envisages that National Exit Test, was issued in 2010 to include disaster
which is to gain a licence to practise after MBBS, management as an additional role.
can also serve as an entrance examination to § It is applicable throughout the nation.
post-graduate level. Although it is a Central law, Section 4 of the Civil
§ Act also proposes for the NMC to "frame Defence Act empowers State governments to
guidelines for determination of fee and other raise corps at the local administration level as
charges" for 50% of seats in private medical per their requirement.
institutions and deemed to be universities. § More than 50,000 Civil Defence volunteers are
§ Presently, state governments determine fees assisting the local administration in
for 85% of seats in such institutions and the implementing the measures to contain the
rest are left for the management. spread of Covid-19.
§ District Magistrate, District Collector or Deputy
CONSTITUTION (SCHEDULED TRIBES) ORDER Commissioner is designated as Controller of the
(AMENDMENT) BILL, 2019 Civil Defence.
DISASTER MANAGEMENT ACT, 2005

66


§ CoVID-19 was declared as a “notified § Countries like Australia, United Kingdom, South
disaster” allowing the central government wide Africa, Sri Lanka and New Zealand have taken a
powers to ensure a timely and effective response step in this direction, legalizing and regulating
to the disaster. betting in sports.
§ Section 72 of the DMA, 2005, provides that the
provisions of the Act, will have an overriding About Gambling legislations in India:
effect on all other laws, to the extent that they § Betting is a term that validates the activity of
are inconsistent. gambling. Gambling is a generic term, while
§ National Disaster Management Authority betting is a structured agreement.
(NDMA) under the DM Act is the nodal central § Gambling and betting are State subjects.
body for coordinating disaster management, However, Gambling' is not defined under the
with the Prime Minister as its Chairperson. Gambling Legislations of states.
§ State, District and Local level Disaster § The Indian law distinguishes each game to be a
Management Authorities were established, “game of skill” and “game of chance”. This
manned by high functionaries. differentiates fantasy sports from traditional
§ NDMA so far formulated 30 Guidelines on betting.
various disasters including the ‘Guidelines on § The gambling under the Gambling Legislations
Management of Biological Disasters, 2008’. does not include:
§ 2019 National Disaster Management Plan issued Ø Betting on a horse race (subject to the legal
also deals extensively with Biological Disaster regulations);
and Health Emergency. Ø Games of skill (excluded under the Gambling
§ Covid-19 for the first time that a pandemic Act and by the court's judgments);
has been recognised as a ‘notified disaster’ in Ø Lotteries (regulated by lottery laws of India).
the country by the Ministry of Home Affairs § Thus, Fantasy sports betting is legal because it
(MHA). is a game of skill. And, in fantasy sports, your
§ Subsequently the Disaster Management (DM) opponents are other human players, rather than
Act has also been invoked for the first time in bookmakers like in traditional betting.
India to effectively manage this crisis. § Sikkim and Nagaland expressly permit
§ The current lockdown has been imposed online gambling. However, there are also states
under the DM Act, 2005. such as Telangana which follow a policy of zero-
tolerance towards gambling, both online and
LEGALISING BETTING IN INDIA offline.
§ Indian Finance Minister Calls for Sports Betting
TRIBUNAL, APPELLATE TRIBUNAL AND OTHER
Legalization.
AUTHORITIES (QUALIFICATIONS, EXPERIENCE
§ Betting is defined as the action of gambling
AND OTHER CONDITIONS OF SERVICE OF
money on the outcome of a race, game, or other
MEMBERS) RULES, 2020
unpredictable event.
§ Public Gambling Act, 1867 is the general law § Rules framed by the Ministry of Finance in
governing gambling in India. However, the state exercise of powers under Finance Act 2017.
legislatures have been entrusted with significant § These apply to 19 Tribunals including Central
regulatory leeway to form state specific Administrative Tribunals; Income Tax Appellate
gambling law. Tribunal; Customs, Excise, Service Tax Appellate
§ There are no specific central laws governing Tribunal etc. Notably, Foreigners Tribunals
online gambling in India. Most of the Gambling are not covered under this rule.
Legislations have been enacted prior to the § Appointments to the above Tribunals will be
advent of virtual or online gambling and hence made by Central Government on the
these primarily refer to gaming/gambling recommendations by the "Search cum
activities at the physical premises. Selection Committee"

67


§ Only persons having judicial or legal experience 1979, seeks to regulate the employment of
are eligible for appointment. inter-State migrants and their conditions of
§ Rules also provide a fixed term of four years to service.
the Tribunal members. § It is applicable to every establishment that
§ Members will not be eligible for re- employs five or more migrant workmen from
appointment. other State. It is also applicable to contractors
§ Removal: Search Cum Selection Committee has who employed a similar number of inter-State
the power to recommend the removal of a workmen.
member, and also to conduct inquiry. § The Act would apply regardless of whether the
five or more workmen were in addition to others
Search cum Selection Committee employed in the establishment or by the
The Chief Justice of India, or a judge nominated by contractors.
the CJI, President/chairperson of tribunal concerned § The principal employer is prohibited from
and Two government secretaries from the employing inter-State workmen without a
concerned ministry/department certificate of registration from the relevant
authority.
In Supreme Court Advocates on-Record Assn. v. § It helps the government keep track of the
Union of India (Fourth Judges Case), it was held number of workers employed and provides a
that primacy of judiciary is imperative in selection legal basis for regulating their conditions of
and appointment of judicial officers including Judges service.
of High Court and Supreme Court.
ESSENTIAL COMMODITIES ACT (ECA), 1955
OFFICIAL SECRETS ACT, 1923 § According to recent Economic survey, frequent
§ Complaints have been filed with the Mumbai and unpredictable imposition of blanket stock
Commissioner of Police demanding action limits on commodities under Essential
against Republic TV Editor-in-Chief Arnab Commodities Act (ECA) neither brings down
Goswami under the Official Secrets Act. prices nor reduces price volatility. However,
§ The Official Secrets Act has its roots in the such intervention does enable opportunities for
British colonial era. Originally enacted during rent-seeking and harassment.
the time of Lord Curzon, Viceroy of India from § ECA was enacted to control the production,
1899 to 1905. supply and distribution of, and trade and
§ One of the main purposes of the Act was to commerce in, certain goods considered as
muzzle the voice of nationalist publications. essential commodities.
§ The Act replaced the earlier Act, and was § ECA itself does not lay out Rules and Regulations
extended to all matters of secrecy and but allows the States to issue Control Orders
confidentiality in governance in the country. related to dealer licensing, regulate stock limits,
§ It broadly deals with two aspects: restrict movement of goods and requirements of
1. Spying or espionage, covered under Section compulsory purchases under the system of levy.
3. § Act also provides for action to confiscate the
2. Disclosure of other secret information of stock seized; to suspend/ cancel licences, if any
the government, under Section 5. and impose punishments like imprisonment.
§ The Act does not say what a “secret” document § Act gives the power to fix price limits, and selling
is. It is the government’s discretion to decide the particular commodities above the limit will
what falls under the ambit of a “secret” attract penalties.
document § Most of the powers under the Act have been
delegated by the Central Government to the
INTER-STATE MIGRANT ACT, 1979 State Governments with the direction that they
§ The Inter-State Migrant Workmen (Regulation shall exercise these powers.
of Employment and Conditions of Service) Act,
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§ Food and civil supply authorities in States § NFSA covers upto 75% of the rural
execute the provisions of the Act. Consequently, population and 50% of the urban population
all wholesalers, distributors, and retailers to receive subsidized foodgrains
dealing in the product must reduce their § NFSA subsidized food grain, rice at Rs 3/kg,
inventories to comply with the Provisions. wheat at Rs 2/kg, and coarse grains at Re 1/kg.
§ The major commodity groups included in the Act § It is operated under joint responsibility of
are: Central and State Governments. Central
Ø Petroleum and its products, including petrol, Government is responsible for allocation of
diesel, kerosene, Naphtha, solvents etc. foodgrains to States/UTs, transportation of
Ø Food stuff, including edible oil and seeds, foodgrains and providing central assistance to
vanaspati, pulses, sugarcane and its States/UTs for delivery of foodgrains from FCI
products like, khandsari and sugar, rice godowns to doorstep of FPSs.
paddy. § State Governments are responsible to handle
Ø Raw Jute and jute textiles operational responsibility including
Ø Drugs- prices of essential drugs are still identification of eligible families and issue of
controlled by the DPCO. Ration Cards.
Ø Fertilizers - the Fertilizer Control Order § PDS ensures 5 kg of food grain per person per
prescribes restrictions on transfer and stock month to those who hold BPL cards.
of fertilizers apart from prices. § Antodaya families, or the poorest of the poor, are
Ø Onion and Potato. entitled to 35 kg of food grain per family per
Ø Seeds of food crops, fruits and vegetables, month under the Act.
cattle fodder, Jute seeds and Cotton seeds. § NFSA includes the Midday Meal Scheme,
Integrated Child Development Services scheme
ESSENTIAL COMMODITIES (AMENDMENT) ACT, and the Public Distribution System.
2020
§ It will replace the Essential Commodities ENEMY PROPERTY ACT, 1968
(Amendment) Ordinance, promulgated in June § Recently, DIPAM (Ministry of Finance) has been
2020. authorized under the provisions of the Enemy
§ The Bill seeks to amend the Essential Property Act, 1968 (promulgated in 1968 after
Commodities Act, 1955 and empowers the India-Pakistan war of 1965), to sell the enemy
central government in terms of production, shares.
supply, distribution, trade, and commerce of § According to Enemy Property Act, 1968, "Enemy
certain commodities. property" refers to any property belonging to,
§ It aims to "deregulate" agricultural held or managed on behalf of an enemy, an
commodities like cereals, pulses, oilseeds, enemy subject or an enemy firm.
onions and potatoes. § Enemy Property Act, 1968 provided for the
§ The extraordinary circumstances include war, continuous vesting of enemy property in the
famine, extraordinary price rise and natural CEPI.
calamity of grave nature. § Centre has recently announced the formation of
committees and a group of ministers to sell
NATIONAL FOOD SECURITY ACT 2013 (NFSA) enemy properties.
§ This marks a shift in approach to food security § A recent amendment to the Enemy Property
from welfare approach to rights-based (Amendment and Validation) Act, 2017, ensures
approach. the heirs of those who migrated to Pakistan and
§ NFSA entitles up to 75% of the rural China during Partition and afterwards will have
population and 50% of the urban population no claim over the properties left behind in India.
under Targeted Public Distribution System § Sale proceeds are to be deposited as
(TPDS). disinvestment proceeds in the Government
Account maintained by Ministry of Finance.

69


§ Decision of sell will lead to monetization of functionaries of NGOs or associations eligible to
enemy shares that had been lying dormant for receive foreign donations.
decades.
UNIFORMITY IN STAMP DUTIES
§ The Defence of India Acts defined an ‘enemy’ as § Amendments to the Stamp Act, 1899 was
a country that committed an act of aggression introduced in the Finance Bill, 2019 to ensure
against India. centralized system of stamp duty with a unified
rate for all financial securities transactions with
ENEMY PROPERTY (AMENDMENT AND effective from July 1.
VALIDATION) ACT, 2017 § Union government has created the legal and
§ It makes the CEPI the owner of enemy property institutional mechanism to enable states to
retrospectively from 1968. collect stamp duty on securities market
§ It voids the legal sales of enemy properties instruments at one place by one agency, through
undertaken by enemies since 1968. the stock exchange or clearing corporation
§ It prohibits Indian citizens who are legal heirs of authorized by it or by the depository on one
enemies from inheriting enemy property and instrument.
brings them within the definition of ‘enemy’.
§ It prohibits civil courts and other authorities CONSUMER PROTECTION ACT, 2019
from hearing certain disputes relating to enemy § Act would replace the Consumer Protection Act,
property. 1986. It is not an amendment to the 1986 law,
but a new consumer protection law.
UNLAWFUL ACTIVITIES PREVENTION ACT, § Consumer is defined in the act along with
1967 (UAPA) consumer rights.
§ In August 2019, the Central government had § The new act will be swift and less time
amended the Unlawful Activities (Prevention) consuming because of single-point access to
Act, 1967 to include the provision of justice. The old act provided for a three-tier
designating an individual as a terrorist. consumer dispute redressal machinery at:
§ Prior to this amendment, only organizations Ø National Consumer Disputes Redressal
could be designated as terrorist organizations. Commission)
§ Ministry of Home Affairs (MHA) recently Ø State and District levels
designated nine individuals associated with § Consumer Protection Act, 2019 establishes the
Khalistan extremist organizations as terrorists Central Consumer Protection Authority
under the provisions of the UAPA. (CCPA) whose primary objective will be to
promote, protect and enforce the rights of
FOREIGN CONTRIBUTION (REGULATION) consumers.
AMENDMENT BILL, 2020 § The government will notify the Consumer
§ FCRA amendment bill seeks to make significant Protection (E-commerce) Rules, 2020 under
changes to the Foreign Contribution the Act. Consumer Protection (E-commerce)
(Regulation) Act (FCRA), 2010. Rules, 2020 are mandatory and are not
§ It seeks to prohibit ‘public servants’ from advisories.
receiving any foreign funding. It also proposes § A manufacturer or product service provider or
to reduce the use of foreign funds to meet product seller will be held responsible to
administrative costs by NGOs from the existing compensate for injury or damage caused by
50% to 20%. defective product or deficiency in services.
§ Bill aims to “prohibit any transfer of foreign § Provision also made for Alternate Dispute
contribution to any association/person”. Resolution Mechanism of Mediation.
§ It proposes to make Aadhaar cards a § Moreover, State and District Commissions are
mandatory identification document for all empowered to review their own orders.
office- bearers, directors and other key
70


§ As per the Consumer Disputes Redressal § Key amendments are Composite license for
Commission Rules, there will be no fee for filing prospecting and mining, Removal of restriction
cases up to Rs. 5 lakhs. on end-use of coal, Clarifies Eligibility for auction
§ Consumer Disputes Redressal Commissions of coal and lignite blocks, Transfer of statutory
will be set up at the District, State and National clearances to new bidders among others.
levels for adjudicating consumer complaints. § Ordinance adds a new type of license, called
§ Consumer Protection Councils will be prospecting license-cum-mining lease.
established at the district, state and national § Ordinance provides that prior approval of the
levels to render advise on consumer protection. central government will not be required in
§ Six “consumer rights” provided in the new granting these licenses for coal and lignite, in
Act are: certain cases. These include cases where:
1. the right to be protected Ø The allocation has been done by the central
2. the right to be informed government.
3. the right to be assured Ø The mining block has been reserved by the
4. the right to be heard central or state governments to conserve a
5. the right to seek redressal mineral.
6. the right to consumer awareness § Ordinance provides that the holders of NREP
permits may apply for a prospecting license-
TEMPORARY SUSPENSION OF TELECOM cum-mining lease or mining lease. NREP is non-
SERVICES (PUBLIC EMERGENCY OR PUBLIC exclusive reconnaissance permit (i.e exploration
SERVICE) RULES, 2017 (SUSPENSION RULES) of certain specified minerals through certain
§ Rules were framed by ministry of surveys).
communications and derive their powers from § Ordinance provides that state governments
Indian Telegraph Act, 1885 which talks about can take advance action for auction of a
interception of messages in the “interests of the mining lease before its expiry. However, MMDR
sovereignty and integrity of India”. Act permitted auction only after end of lease
§ Rules empowers the government to block period.
transmission of messages in case of a public § Mining industry serves as the base for the
emergency or for public safety in any part of the power sector, with around 72% of India’s
country. current power being generated through coal.
§ Any order suspending internet under the Rules,
can be only for a temporary duration and not India has world’s 4th largest coal reserves and
for an indefinite period. India imports around 50% of its coal used.
§ Directions to suspend the telecom services shall
not be issued except by Home Secretary of the ANTI-DEFECTION LAW
country and a secretary of a state’s home § India’s first Member of Parliament to have been
department and that order should be taken up disqualified from the Lok Sabha has now been
by a review committee within five days. disqualified as an MLA in Mizoram.

MINERAL LAWS (AMENDMENT) ORDINANCE, About Anti-defection Law:
2020 § To curb the evil of defection, the Anti-Defection
Law was passed in 1985 through the 52nd
§ It amends the Mines and Minerals (Development
Amendment to the Constitution.
and Regulation) Act, 1957 (MMDR Act) and the
§ It added the Tenth Schedule to the Indian
Coal Mines (Special Provisions) Act, 2015 (CMSP
Constitution i.e., Art 102(2) and Art 191(2).
Act).
§ It deals with all 3 types of members:
§ CMSP Act in 2015, provides for the auction and
1. Members elected from party’s ticket
allocation of mines whose allocation was
2. Independent MLA’s and
cancelled by the Supreme Court.
3. Nominated members

71


Grounds of defection for members:
§ For members elected on a party ticket: If a
member of a house belonging to a political party-
1. Voluntarily gives up the membership of
his political party, or
2. Votes, or does not vote in the legislature,
contrary to the directions of his political
party. However, if the member has taken
prior permission, or is condoned by the
party within 15 days from such voting or
abstention, the member shall not be
disqualified.
§ For independent members: If an independent
candidate joins a political party after the
election.
§ For Nominated members: If a nominated
member joins a party six months after he

becomes a member of the legislature. STUDENT NOTES:

Exceptions:
§ W.r.t Merger: A person shall not be disqualified
if his original political party merges with
another, and he/she and other members of the
old political party become members of the new

political party, or do not accept the merger and

opt to function as a separate group. This
exception shall operate only if not less than
two-thirds of the members of party in the
House have agreed to the merger.
§ W.r.t cross voting/abstention: In the following
cases in cross voting/abstention, the member

shall not be disqualified-

Ø If the member has taken prior permission
by the party
Ø If the member is condoned by the party
within 15 days from such voting or
abstention.

Power to disqualify:

§ The Chairman or the Speaker of the House
takes the decision to disqualify a member.
§ If a complaint is received with respect to the
defection of the Chairman or Speaker, a member
of the House elected by that House shall take the
decision.

§ Decision of the Presiding Officer is subject to

judicial review. (Remember Kihoto Hollohan
Case).


72


§ Enhancing the capacity building of frontline
21. E-GOVERNANCE
workers to handle the pandemic efficiently.
NATIONAL OPEN DIGITAL ECOSYSTEM (NODE)
Type of courses:
§ Recently, the Union Ministry of Electronics and
§ Basics of COVID and COVID 19 Training.
Information Technology has released a
§ ICU Care and Ventilation Management.
whitepaper titled, “Strategy for National Open
§ Clinical Management, Infection Prevention
Digital Ecosystems (NODE)”.
through PPE.
§ NODE can be defined as “Open and secure
§ Infection Control and Prevention.
delivery platforms, anchored by transparent
§ Quarantine and Isolation.
governance mechanisms, which enable a
§ Laboratory Sample Collection and Testing.
community of partners to unlock innovative
§ Management of COVID 19 Cases.
solutions, to transform societal outcomes”.
§ This whitepaper highlights key elements of DIKSHA PORTAL
NODE and describes the paradigm shift from
§ Nodal: HRD ministry
earlier approaches to digital governance or
§ Objective: Providing a digital platform to
‘GovTech’.
teacher to make their lifestyle more digital.
§ It establishes design principles that can help
§ Tagline: “National Digital Infrastructures for
realize the full potential of open digital
Our Teacher Our Teacher”.
ecosystems to create transformative impact
§ Significance: Teacher can learn and train
across sectors.
themselves for which assessment resources will
§ Example of ‘GovTech’ 3.0 - The UPI platform,
be available.
anchored by National Payments Corporation of
§ It will help teachers boost their teaching
India (NPCI), has led to a transformation in how
skills and create their own profile with their
financial services transactions take place,
skills and knowledge.
enabling cost-effective and speedy real-time
digital payments. NATIONAL E-GOVERNANCE SERVICE DELIVERY
§ There are three key components of the NODE: ASSESSMENT (NESDA) 2019
At the core are Delivery Platforms (the
§ Released by the Department of Administrative
technology), anchored by a robust Governance
Reforms and Public Grievances (DARPG) with
Framework, and a vibrant Community of
NASSCOM as the designated knowledge partner.
actors using the platform, working together and
§ It aimed at improving the overall e-
building on top of the platform to deliver shared
Government development by evaluating the
value.
efficiency of service delivery mechanism from a
“iGOT” PORTAL citizen’s perspective.
§ Kerala has topped the index.
§ The Government of India has launched an online
§ It primarily assesses all State/ UT and Central
training module called “iGOT” portal.
Ministry service portals on
§ Nodal Department: The Department of
7 key parameters: Accessibility, Content
Personnel and Training (DoPT)
Availability, Ease of Use, Information Security &
§ iGOT offers online training for doctors, nurses,
Privacy, End service Delivery, Integrated Service
paramedics, hygiene workers, technicians,
Delivery and Status & Request Tracking.
Auxiliary Nursing Midwives (ANMS), central &
§ Framework covers six sectors, viz. Finance,
state govt. officers, civil defence officials, various
Labour & Employment, Education, Local
police organisations, National Cadet Corps
Government & Utilities, Social Welfare
(NCC), Nehru Yuva Kendra Sangathan (NYKS),
(including Agriculture & Health) and
National Service Scheme (NSS), Indian Red Cross
Environment (including Fire).
Society (IRCS), Bharat Scouts & Guides (BSG)
and other volunteers to help fight the COVID- K-FON Project
19 pandemic.
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§ Kerala Fibre Optic Network Project to provide INTEGRATED ROAD ACCIDENT DATABASE
free Internet for poor families, public offices. (IRAD)
§ In collaboration of State’s power utility Kerala
§ IRAD is developed by the Indian Institute of
State Electricity Board and Kerala State IT
Technology-Madras (IIT-M) and will be
Infrastructure Ltd. Internet service providers.
implemented by the National Informatics
§ Cable television operators can also join project
Centre (NIC).
to provide their services.
§ The project is being supported by the World
SAMARTH: E-GOVERNANCE PLATFORM Bank.
§ The IT system will be first piloted in the six
§ Recently, The Ministry of Human Resource States.
Development (MoHRD) has developed an e- § Central Accident Database Management System
Governance platform, SAMARTH Enterprises will help in analysing causes of road crashes
Resource Planning (ERP), under the National and in devising safety interventions to reduce
Mission of Education in Information and such accidents in the country.
Communication Technology Scheme (NMEICT).
§ It is an Open Standard, Open Source BHOOMI RASHI PORTAL
Architecture, Secure, Scalable and Evolutionary
§ Portal is an e-Governance initiative of the
Process Automation Engine for Universities and
Ministry of Road Transport & Highways.
Higher Educational Institutions.
§ The portal intends to expedite the process of
§ Benefits: It will help faculties, students and staff
land acquisition for National Highways.
at a University and Higher Educational
§ It has fully digitized and automated the entire
Institutions.
process of land acquisition.
§ SAMARTH for the first time has been
§ It has helped to make land acquisition error-
implemented at National Institute of
free & more transparent with notifications at
Technology, Kurukshetra.
every stage being processed on a real-time basis.
§ The objective of this initiative is to automate
the processes of the Institute. “STATE OF AADHAAR”- A PEOPLE’S
§ This initiative will enhance productivity PERSPECTIVE’ REPORT
through better information management in the
§ Released by consulting firm Dalberg.
institute by seamless access to information, and
§ Some states have achieved enrolment levels
its utilization for various purposes.
higher than 99%.
NATIONAL MISSION OF EDUCATION IN § Notably, Assam and Meghalaya are exceptions
INFORMATION AND COMMUNICATION with enrolment levels under 50%.
TECHNOLOGY SCHEME (NMEICT)
CENTRALISED PUBLIC GRIEVANCES REDRESS
§ Launched in 2009 AND MONITORING SYSTEM
§ A Centrally Sponsored Scheme to leverage
§ Dr Jitendra Singh launches CPGRAMS reforms in
the potential of ICT, in teaching and learning
Department of Posts.
process for the benefit of all the learners in
§ The DARPG launched the CPGRAMS for
Higher Education Institutions in any time and
receiving, redressing and monitoring of
mode.
grievances from the public.
§ Significance: This was expected to be a major
§ The DARPG has issued several guidelines for
intervention in enhancing the Gross
redress of public grievances by Departments to
Enrolment Ratio (GER) in Higher Education by
ensure the system is accessible, simple,
5 percentage points during the XI Five Year Plan
quick, fair and responsive.
period.
§ These include designating a senior officer as
§ It is providing connectivity, along with
Director of Grievances/Grievance officer in
provision for access devices, to institutions,
every office.
learners and content generation.

74


Department Of Administrative Reforms and System (LMS) in collaboration with Directorate
Public Grievances (DARPG) General Defence Estates (DGDE) and Armed
The Department of Administrative Reforms and forces.
Public Grievances is the nodal agency of the § The portal is expected to bring in greater speed,
Government of India for administrative reforms as transparency and efficiency into the Land
well as redressal of public grievances. Management System (LMS) of the Department.
§ It will integrate several mapping tools into the
CoWIN APPLICATION existing “Raksha Bhoomi” software, which was
§ Developed by Ministry of Electronics and launched with the data updated in 2011.
Information Technology for strengthening the § The technical support for the GIS-based system
COVID Vaccine Intelligence Network (CoWIN) has been provided by Bhaskaracharya Institute
system. for Space Applications and Geoinformatics
§ CoWIN is a digitalised real time platform to be (BISAG).
used to effectively roll out and scale up the
HUMAN RESOURCE MANAGEMENT SYSTEM
mechanism for COVID Vaccine Distribution
(HRMS)
System.
§ CoWIN will allow the system to monitor the § Indian Railways has recently launched the
utilisation, wastage, coverage of Covid-19 digitised online Human Resource Management
vaccination. System (HRMS).
§ Till now, Universal Immunisation Programme § The Employee Self Service (ESS) module
has been using a vaccine intelligence system enables railway employees to interact with
called eVIN (electronic vaccine intelligence various modules of HRMS including
network) and CoWIN is essentially an communication regarding change of data.
extension of eVIN. § The Provident Fund (PF) Advance module
enables Railway employees to check their PF
ONLINE DISPUTE RESOLUTION balance and apply for PF advance online.
§ Recently, there were calls for advancing Online § The Settlement module digitizes the entire
Dispute Resolution (ODR) in India including by settlement process of retiring employees which
NITI Aayog CEO. will enable employees to fill their settlement and
§ Online Dispute Resolution (ODR) is form of pension booklet online.
Alternative dispute redressal mechanism
PRAGATI
(ADR) that uses negotiation, mediation and
arbitration techniques to resolve disputes with § Prime Minister (PM) has chaired the 33rd
help of the Internet and ICT. PRAGATI meeting.
§ ODR uses technology and employ data § PRAGATI stands for Pro-Active Governance and
management tools to ensure predictability, Timely Implementation.
consistency, transparency and efficiency of the § It is a multi-purpose and interactive ICT
judicial process. platform designed in-house by the PMO team
§ Models under ODR: with the help of National Informatics Center
Ø Opt-in model, in which option of going into (NIC).
mediation is voluntary. § Objective is to initiate a culture of Pro-Active
Ø Opt-out model, under which it is mandatory Governance and Timely Implementation by
to enter into mediation for at least one Addressing common man’s grievances, and
session, and then the parties have the liberty Monitoring important programs of Union and
to opt out if they feel so. State Governments.
§ It is a three-tier system (involving PMO, Union
DEFENCE LAND MANAGEMENT SYSTEM Government Secretaries, and Chief Secretaries of
§ Recently Union Defence Ministry has launched the States);
the portal for Defence Land Management
75


§ PM will hold a monthly interaction with the § First version of the platform is expected to be
Government of India Secretaries and Chief launched in 2021.
Secretaries through Video-conferencing
enabled by data and geo-informatics visuals. DISHA DASHBOARD
§ Issues to be raised before the PM are picked up § Launched by Ministry of Rural Development to
from the available database regarding Public help legislators, local officials make data-driven
Grievances, on-going Programs and pending decisions.
Projects. § DISHA has 3 filters: Time, Geography and
Scheme.
23RD NATIONAL CONFERENCE ON E- § It will make it easier to monitor governance by
GOVERNANCE IN MUMBAI geography in real time.
§ It was organised by the Department of § Currently, provides access to data from 42
Administrative Reforms and Public Grievances schemes across 20 ministries — which are
(DARPG) along with the Ministry of Electronics already monitored by DISHA or District
and Information Technology (MeitY) in Mumbai Development Coordination and Monitoring
§ Conclusion: “Mumbai Declaration on e- Committees.
governance”. § It will be available to all members of Parliament
and State Assemblies as well district officials.
NEW AND EMERGING STRATEGIC § It allows the user to track the progress of
TECHNOLOGIES (NEST) multiple and diverse schemes in a certain
§ Division on NEST to be set up by Ministry of district, block, or even a gram panchayat.
External Affairs.
§ NEST will act as the nodal division within the
ministry for issues pertaining to new and
emerging technologies.
§ It will help in Assessing foreign policy,
international legal implications, negotiations at
Multilateral forums, creation of Human resource
capabilities and collaborations in emerging
technologies.

EMERGING TECHNOLOGIES
Emerging technologies includes technologies like
artificial intelligence, machine learning, natural
language processing, 3D printing, blockchain, STUDENT NOTES:

robotic process automation, Internet of Things etc.

NATIONAL DATA AND ANALYTICS PLATFORM

(NDAP) VISION DOCUMENT
§ Released by NITI Aayog.

§ National Data and Analytics Platform (NDAP) is

a flagship initiative of NITI Aayog in the space
of promoting larger access and better use of
data.
§ NDAP’s Mission is to standardize data across
multiple Government sources, provide flexible
analytics and make it easily accessible in formats

conducive for research, innovation, policy

making and public consumption.
76


22. IMPORTANT COMMITTEES IN § Prison Act, 1894, enacted to bring uniformity in
NEWS the working of the prisoners in India. The Act
provided for classification of prisoners.
RANBIR SINGH COMMITTEE
§ All India Jails Manual Committee (1957-59)
§ Recently, the Ministry of Home Affairs (MHA) to prepare a model prison manual.
has constituted a national level committee for § In 1987, the GoI appointed the Justice Krishna
reform in criminal law. Iyer Committee to undertake a study on the
§ Chaired by Ranbir Singh, chairperson, Vice- situation of women prisoners in India.
Chancellor, National Law University (NLU).
§ The Committee has several leading legal N R MADHAVA MENON COMMITTEE, 2014
academicians and will gather opinions online, Supreme Court appointed a committee to examine
consult with experts and collate materials and best practices in order to demarcate permissible
submit a report to the Government of India. Government advertising.
JUSTICE AMITAVA ROY COMMITTEE BIMAL JULKA COMMITTEE

§ Committee appointed for Prison Reforms. § Committee recently submitted its report.
§ 'Prisons' is a State subject under Seventh § An Expert Committees on Rationalisation of Film
Schedule to the Constitution. However, the Media Units and Review of Autonomous Bodies.
Ministry of Home Affairs provides regular
guidance and advice to States and UTs on NATIONAL CRISIS MANAGEMENT COMMITTEE
various issues concerning prisons and prison (NCMC)
inmates. § For effective implementation of relief
§ Supreme Court constituted committee in 2018, measures in the wake of natural calamities.
to look into entire gamut of prison reforms § Cabinet Secretary is its Chairman. It gives
across the country and suggest measures to direction to the Crisis Management Group as
deal with them. deemed necessary
§ Supreme Court, in its landmark decision in
Ramamurthy v. State of Karnataka (1996) JUSTICE JAIN COMMITTEE
had identified various problems which need § Constituted by the Supreme Court in September
immediate attention for implementing prison 2018 to unravel the rogue officials responsible
reforms. for the infamous ISRO “frame-up” case of 1994,
§ Inadequate prison infrastructure results into
which destroyed the life and reputation of
violation of dignity and basic living Nambi Narayanan, one of the country’s
conditions which go against UN’s Standard prominent space scientists.
Minimum Rules for the Treatment of
Prisoners, which suggest of "minimum floor R P TIWARI COMMITTEE
space, lighting, heating and ventilation provision
§ Appointed by University Grants Commission
in the prisons.
(UGC).
§ All India Committee on Jail Reforms (1980–
§ To consider the issue of holding common
1983), under Justice A N Mulla recommended
entrance test at undergraduate (UG) level
to develop an All-India Prison Service (AIPS)
only from the next academic year in central
as a professional career service. Committee also
universities to provide a single platform for
suggested setting up of a National Prison
admission.
Commission as a continuing body to bring
§ New National Education Policy (NEP) advocates
about modernization of prisons in India
reducing number of entrance tests to eliminate

the need for taking coaching for these exams.
Modern Prison System was conceptualised by TB
§ If NEP suggestion is implemented, National
Macaulay in 1835.
Testing Agency (NTA) will be established, to
77


conduct a common aptitude test as well as § Recently, the Ministry of Home Affairs (MHA)
specialised common exams for different has constituted a national level committee for
disciplines at least twice a year, for admission to reform in criminal law.
bachelor degrees in central universities. § The committee has been constituted under
Ranbir Singh and several other members.
RAMGOPAL RAO COMMITTEE
§ Committee appointed by Ministry of Education ECI COMMITTEE ON EXPENDITURE LIMIT
to suggest measures for implementing § Recently, the Election Commission of India (ECI)
reservation in student admissions and has constituted a committee to examine the
faculty recruitment in IITs. issues concerning the expenditure limit for a
§ It has suggested that 23 IITs should be candidate.
exempted from reservations altogether § The committee was set up after the Ministry of
under the Central Educational Institutions Law & Justice has notified an amendment in Rule
(Reservation in Teachers' Cadre) Act, 2019. 90 of Conduct of Elections Rules, 1961
§ Section 4 exempts “Institutions of excellence, increasing the existing election campaign
research institutions, and Institutions of expenditure limit by 10% with immediate
national and strategic importance” in effect in the wake of the COVID-19 pandemic
Schedule and minority institutions from situation.
providing reservation. § The committee comprises Harish Kumar (Ex.
IRS) and Umesh Sinha (DG-Expenditure).
EMPOWERED GROUP OF SECRETARIES (EGOS)
§ To be setup in Ministries/Departments for EXPENDITURE LIMIT
attracting investments in India. § Election Commission of India imposes limits on
§ Cabinet Secretary is Chairperson and CEO of the expenditure incurred by a candidate, but
NITI Aayog is a member. not political parties on their election campaign.
§ Purpose is to bring synergies between § The expenditure limits range from Rs. 20 lakhs
Ministries/Departments and among the Central to Rs. 28 lakhs for assembly elections and from
and State Governments in investment related Rs. 54 lakhs to Rs.70 lakh for Lok Sabha
policies. elections.
§ Project Development Cell (PDC) is approved § The expenditure limit was last revised in 2014
for development of investible projects in India. while the same was done for Andhra Pradesh
and Telangana in 2018, following their
RANJANA PRAKASH DESAI COMMISSION bifurcation in 2014.
§ Recently a 'delimitation commission' has been § After that, the limit has not been increased
set up by the Ministry of Law and Justice. despite an increase in the electorate and an
§ The commission will headed by a former increase in the Cost Inflation Index.
Supreme Court judge Ranjana Prakash Desai.
§ The commission has been set up for the UT of SURYA PRAKASH COMMITTEE
Jammu & Kashmir and the north-eastern states § The merger of Rajya Sabha Television (RSTV)
of Assam, Arunachal Pradesh, Manipur and and Lok Sabha Television (LSTV) is in the final
Nagaland. stages, with a six-member committee expected
§ The Election Commissioner (Sushil Chandra) to submit a report by this month-end to Upper
will be the ex-officio member of the House Chairman and Lok Sabha Speaker. The
commission. final decision will be taken by them.
§ The Election Commissioners of the concerned § The committee, constituted in November
states and UT will also be its members. 2019, is headed by Prasar Bharati Chairman
Surya Prakash.
NATIONAL LEVEL COMMITTEE FOR REFORM IN
CRIMINAL LAW

78


§ Before the LSTV was launched in 2006, private
23. MISCELLANEOUS
television channels aired select Parliament
proceedings. In 2011, RSTV was launched. PRISON MANUAL (2016):
§ Parliament is in session for close to 100 days in
§ It aims at bringing in basic uniformity in laws,
a year and thus for the remaining period there
rules and regulations governing the
is really no need for two channels.
administration of prisons and the management
COMMISSION TO EXAMINE SUB of prisoners all over the country. Key revisions
CATEGORIZATION OF OTHER BACKWARD in the manual include:
CLASSES (OBCs) Ø Access to free legal service
Ø Additional provisions for women prisoners
§ Recently, the Union Cabinet has approved a
Ø Rights of prisoners sentenced to death
six-month extension to the commission
Ø Modernization and prison computerization
appointed to examine sub-categorisation of
Ø Focus on after care services
Other Backward Classes (OBCs).
Ø Provisions for children of women prisoners
In October 2017, President in exercise of the
Ø Organizational uniformity and increased
powers conferred by Article 340 of the
focus on prison correctional staff Inspection
Constitution, appointed a 5 member commission to
of Prisons, etc.
examine the issue of sub-categorisation of OBCs,
§ Draft National Policy on Prison Reforms and
chaired by retired Justice G. Rohini.
Correctional Administration, 2007
§ Sub categorization of the OBCs will ensure that
recommended:
the more backward among the OBC
Ø Introduction of a provision for aftercare
communities can also access the benefits of
and rehabilitation services.
reservation for educational institutions and
Ø Community-based alternatives to
government jobs.
imprisonment for offenders convicted for

relatively minor offences.
Article 340
The article 340 of the Indian Constitution lays down NATIONAL DISASTER RESPONSE FORCE (NDRF)
conditions for the appointment of a Commission to
§ Established in 2006, under the administrative
investigate the conditions of backward classes. The
control of Ministry of Home Affairs. HQ at New
President may by order appoint a Commission
Delhi.
comprising of such persons that he thinks fit to
§ NDRF works under National Disaster
investigate the conditions and background of
Management Authority (NDMA) which lays
socially and educationally backward classes that lies
down policies, plans and guidelines for disaster
within the territory of India.
management.

§ At present there are 12 battalions in NDRF
STUDENT NOTES:
which are deployed strategically across country
to provide immediate response. Moreover 4 new
battalions are sanctioned by Union Cabinet.
§ Only dedicated disaster response force of the
world.
§ NDMA is chaired by Prime Minister of India.

PRIME MINISTER’S NATIONAL RELIEF FUND

(PMNRF)

§ Created in 1948, Prime Minister's National Relief
Fund (PMNRF) was established entirely with
public contributions and does not get any

budgetary support.


79


§ PMNRF accepts voluntary contributions from § Recently, on the occasion of Hindi Diwas (14
Individuals, Organizations, Trusts, Companies September), the Union home minister had
and Institutions etc. proposed to promote Hindi as the country’s
§ PMNRF has not been constituted by the common language.
Parliament. § Article 351: It shall be the duty of the Union- to
§ All contributions towards PMNRF are exempt promote the spread of the Hindi language.
from Income Tax under section 80(G). § Article 120 and 210: regarding language to be
§ Prime Minister is the Chairman of PMNRF. used in Parliament and state legislature
Disbursements are made with the approval of respectively gives the option of transacting
the Prime Minister. business in Hindi as well in English
§ Fund is recognized as a Trust under the § Article 343: gives power to parliament to
Income Tax Act and the same is managed by decide by law, the languages to be used for
Prime Minister or multiple delegates for national official work.
causes. § Article 344: provides for constitution of a
§ These contributions also qualify as CSR parliamentary committee every 10 years to
(Corporate Social Responsibility). recommend to the President regarding
§ Contributions flowing out of budgetary sources progressive use of the Hindi language for the
of Government or from the balance sheets of the official purposes of the Union and restrictions on
public sector undertakings are not accepted. the use of English.
§ At the time of natural calamity of devastating
scale, Prime Minister, makes an appeal for SARDAR PATEL NATIONAL UNITY AWARD
donation to the fund. § Government of India has instituted the highest
civilian award in the field of contribution to the
PM-CARES FUND unity and integrity of India, in the name of
§ Government has set up the Prime Minister’s Sardar Vallabhbhai Patel.
Citizen Assistance and Relief in Emergency § The award will be announced on the occasion of
Situations Fund (PM-CARES Fund) to deal with the National Unity Day, i.e., the birth
any kind of emergency or distress situation like anniversary of Sardar Patel on 31st October.
posed by the COVID-19 pandemic. § Any Indian national or institution or
§ The Fund is a public charitable trust with the organization based in India would be able to
Prime Minister as its Chairman. nominate an individual for consideration for this
§ Contributions by corporates to this fund will be Award.
considered as social welfare spending under § Individuals may also nominate themselves.
the companies law. § State Governments, UT Administrations and
Ministries of Government of India may also send
COVID-19 NOTIFIED A DISASTER UNDER STATE nominations.
DISASTER RESPONSE FUND (SDRF)
PRINCIPLE OF ‘STRICT LIABILITY’
§ SDRF constituted under the Disaster
Management Act, 2005 by respective states § Under the “strict liability principle”, a party is
and it is the primary fund available with state not liable and need not pay compensation if a
governments for responses to notified disasters. hazardous substance escapes his premises by
§ Ministry of Home Affairs is the nodal accident or by an “act of God” among other
ministry for overseeing the operation of the circumstances.
SDRF and monitors compliance with prescribed § 19th century English law principle of “strict
processes. liability” was made redundant in India by the
§ Comptroller and Auditor General of India Supreme Court in 1986.
(CAG) audit the SDRF every year. § Supreme Court, while deciding the Oleum gas
leak case of Delhi, found strict liability woefully
ONE NATION ONE LANGUAGE inadequate to protect citizens’ rights in an

80


industrialised economy like India and replaced it § The Office of the CEPI was set up in the year
with the ‘absolute liability principle’. 1939 to deal with enemy properties confiscated
§ Under the absolute liability principle, the apex during World War II.
court held that a company in a hazardous § The legal status to the office was given under
industry cannot claim any exemption. It has to Enemy Property Act, 1968.
mandatorily pay compensation, whether or not § It works under the aegis of Ministry of Home
the disaster was caused by its negligence. The affairs, Freedom Fighters Division, with its Head
court said a hazardous enterprise has an Office at New Delhi and three branch offices at
“absolute non-delegable duty to the Mumbai, Kolkata and Lucknow.
community”. § The Custodian is a quasi-judicial Authority
under the Enemy Property Act and a Civil court
Public Liability Insurance Act, 1991 under the Civil Procedure Court, 1908.
§ Imposes a no-fault liability on the owner of
hazardous substance and requires the owner to INDENTURED LABOUR LAWS IN BRITISH INDIA
compensate victims of accident. § Bengal Regulations VII, 1819 for the British
§ National Green Tribunal was set up by an Act of planters in Assam tea estates. Workers had to
Parliament in 2010. work under a five-year contract and desertion
§ The Act provides for the “principle of no fault was made punishable.
liability”, which means that the company can be § Transport of Native Labourers’ Act, 1863 was
held liable even if it had done everything in its passed in Bengal which strengthened control of
power to prevent the accident. the employers and even enabled them to detain
labourers in the district of employment and
‘CARUNA’ INITIATIVE FORMED BY CENTRAL imprison them for six months.
CIVIL SERVICES OFFICERS § Bengal Act VI of 1865 was later passed to
§ Associations representing officers of Central deploy Special Emigration Police to prevent
Civil Services, including IAS and IPS officers, labourers from leaving, and return them to the
have formed an initiative called ‘Caruna’ to plantation after detention.
support and supplement the government’s § Factory workers too faced severe exploitation
efforts in fighting coronavirus. and were made to work 16-hour days for a
§ The acronym ‘Caruna’ stands for Civil Services pittance. Their protests led to the Factories Act
Associations Reach to Support in Natural of 1911 which introduced 12-hour work shifts.
Disasters. § With Pressure of Political leaders, Royal
§ It represents a collaborative platform by civil Commission on Labour was established which
servants, industry leaders, NGO professionals gave a report in 1935.
and IT professionals and many others. § The indentured plantation labour finally saw
§ Through this initiative, Civil Servants can use relief in the form of the Plantations Labour Act,
their network to collect information and data 1951.
base of migration, essential supplies and medical
equipment like masks, ventilators, PPE, etc. DISTRICT MINERAL FOUNDATION (DMF)
§ The initiative will prove to be highly efficient to FUNDS
map the district level progress of the § Union Government said state governments
government’s efforts to curb Coronavirus should use district mineral foundation (DMF)
pandemic, as civil servants are spread across funds for response and preparedness to fight
each district in the country. the novel coronavirus disease (COVID-19)
pandemic.
CUSTODIAN OF ENEMY PROPERTY FOR INDIA § DMF funds may be used to supplement and
(CEPI) augment healthcare facilities, screening and
testing requirements and any other resources
that might be required.

81


§ DMFs were instituted under the Mines and § India has ratified the International Covenant
Minerals (Development and Regulation) on Civil and Political Rights but has only
(MMDR) Amendment Act 2015. They are non- signed the Convention against Torture and
profit trusts. DMF funded through the Other Cruel, Inhuman or Degrading Treatment,
contributions from miners. both of which prohibit torture.
§ The programme is meant to provide for the
welfare of areas and people affected by mining MISSION KARMAYOGI
related operations, using the funds generated by § The Union Cabinet has approved the Mission
District Mineral Foundations (DMFs). Karmayogi – National Programme for Civil
§ Its manner of operation comes under the Services Capacity Building (NPCSCB).
jurisdiction of the relevant State § Mission is a nationwide programme to lay the
Government. The fund is collected at the district foundation for capacity building of civil
level. servants so that they remain entrenched in
§ There are certain high-priority areas Indian Culture while they learn the best
identified in all states’ DMF rules where at least practices across the world.
60 per cent of the fund must be used. § Aims to prepare Indian civil servants for the
§ The various state DMF rules and the Pradhan future by making them more creative,
Mantri Khanij Khestra Kalyan Yojana (PMKKKY) constructive, imaginative, proactive, innovative,
guidelines stipulate some “high priority” issues progressive, professional, energetic, transparent
for DMFs, including: and technology enabled.
Ø Drinking water. § iGOT Karmayogi: The mission will be delivered
Ø Health by Integrated Government Online Training-
Ø Women and child welfare. iGOT Karmayogi Platform. It will act as a
Ø Education launchpad to enable a comprehensive reform
Ø Livelihood and skill development. of the capacity building apparatus at the
Ø Welfare of aged and disabled. individual, institutional and process levels.
Ø Sanitation § Human Resources Council: It will be set up
under the Chairmanship of the Prime Minister
GENERAL FINANCIAL RULES (GFR) comprising select Union Ministers, Chief
§ Government has notified amendments to Ministers who will provide strategic direction
General Financial Rules (GFR) to ensure that to the task of Civil Services Reform and
goods and services valued less than 200 crore capacity building.
rupees are being procured from domestic firms. § Coordination Unit: It will be headed by
§ The GFRs are a compilation of rules and orders Cabinet Secretary consisting of select
of the Government of India to be followed by all secretaries and cadre controlling authorities.
while dealing with matters involving public
finances. BLUE CORNER NOTICE
§ They lay down the general rules applicable to § Issued by Interpol.
Ministries / Departments, and detailed § Notice is issued by the international police
instructions relating to the procurement of cooperation body to collect additional
goods. information from its member countries about a
person’s identity, location or activities in
LEGISLATION AGAINST TORTURE relation to a crime.
§ India does not have an anti-torture
legislation and is yet to criminalise custodial GENOCIDE CONVENTION/ CONVENTION ON
violence. THE PREVENTION AND PUNISHMENT OF THE
§ Though India had signed the U.N. Convention CRIME OF GENOCIDE
against Torture in 1997 but it is yet to ratify it. § Convention of 1948, India has signed and
ratified it in 1959.
82


§ Explicitly recognised ethnic minority as a § IP was developed by Transparency
protected group under the Genocide Convention International (NGO) in 1990s.
§ In November 2019, the Republic of the Gambia § IP has three players:
moved the ICJ against Myanmar.
§ Both Gambia and Myanmar are parties to the The Principal gives an
Genocide Convention that allows a party to move undertaking by the Principal
the ICJ for violations of the convention. ICJ Principal or the
that its officials will not
orders Myanmar to protect Rohingya. ICJ rulings Company: demand or accept any bribes,
are final and binding. kickbacks, gifts, facilitation
§ In 2019, UN termed violence against Rohingyas payment etc.
as a “textbook example of ethnic cleansing”. The bidder gives an
undertaking that it has not
INTERNET SHUTDOWNS paid, and will neither offer nor
§ India tops the list of Internet shutdowns Vendor/bidder: pay any bribe, kickbacks
globally according to Software Freedom Law facilitation payments, gifts etc.
Centre’s Internet Shutdown tracker. in order to obtain or retain the
§ Ongoing shutdown in Kashmir is the longest contract.
ever in any democratic country. Independent IEMs play a role only if the
External obligations in the IP are not
UN Resolution on Internet shutdown Monitor (IEM): fulfilled by the Principal
In 2016, the United Nations Human Rights Council and/or bidders/vendors.
released a non-binding resolution condemning
intentional disruption of internet access by STATE DISASTER RELIEF FUND (SDRF)
governments. The resolution reaffirmed that "the § Prime Minister announced that States can spend
same rights people have offline must also be 50% of SDRF for COVID-19 relief, earlier limit
protected online". was 35%.
§ SDRF, constituted under Disaster Management
INTEGRITY PACT (IP) Act, 2005, can be used only for meeting
§ Recently, the Central Vigilance Commission expenditure for providing immediate relief to
(CVC) has amended the Standard Operating victims during any notified disaster.
Procedure (SOP) on adoption of “Integrity Pact” § Home ministry had decided to treat Covid-19 as
in government organizations for procurement a “notified disaster” for purpose of providing
activities and restricted the maximum tenure of assistance under SDRF.
Integrity External Monitors (IEMs) to three
ETHICAL CODE FOR ELECTRONIC MEDIA
years in an organisation.
§ Integrity pact is a vigilance tool that envisages § Recently, the News Broadcasters Association
an agreement between the prospective (NBA) has asked the Supreme Court (SC) to
vendors/bidders and the buyer, committing include its ethical code in the Programme Code
both the parties not to exercise any corrupt of the Cable Television Networks Rules, 1994.
influence on any aspect of the contract. § All news channels, whether they are NBA
§ Its implementation is assured by members or not, will have to follow the
Independent External Monitors (IEM) who Programme Code containing the proposed
are people of unimpeachable integrity. amendments.
§ The IP sets out rights and obligations of the § NBSA should be granted recognition as an
parties involved in public contracts as well as independent self- regulatory mechanism to
that of IEM. receive and deal with complaints which would
§ Thus, IP is both a legal document and a strengthen News Broadcasting Standards
process. It is also adaptable to many legal Regulations of NBSA.
settings.
83


§ Its task is to consider and adjudicate upon § Raised in 1992, to deal with riots, riot like
complaints about broadcasts. situations, crowd control, rescue and relief
operations, and related unrest
NATIONAL HINDI DIVAS § It is a specialized wing of the Central Reserve
§ Observed every year on September 14. Police Force (CRPF),
§ The day is a celebration of the Hindi language § Motto: “Serving Humanity with Sensitive
and its cultural heritage and values among the Policing”
people of the country and abroad.
INSTITUTE OF NATIONAL IMPORTANCE
§ The Constituent assembly of India adopted
Hindi written in Devanagari script as the § Recently, Cabinet approved conferring the
official language of the country on September status of Institution of National Importance (INI)
14, 1949 under Article 343. to the Institute of Teaching and Research in
Ayurveda (ITRA), Jamnagar, Gujarat.
Rajbhasha Award § It will provide it the autonomy to upgrade
As a part of the Hindi Diwas celebration every year, standard of Ayurveda education, frame various
the President of India presents the Rajbhasha courses in Ayurveda.
award to people who have contributed towards the § Established by Acts of Parliament, serve as a
language. pivotal player in developing highly skilled
personnel within the specified region.
WORLD HINDI DAY 2020
STUDENT NOTES:
Celebrated on January 10 every year, marking the

anniversary of first World Hindi Conference which
was held in 1975 by then Prime Minister Indira
Gandhi in Nagpur.

NON- PERSONAL DATA

§ Any set of data which does not contain

personally identifiable information. This
means that no individual or living person can be
identified by looking at such data.
§ According to the results of a survey, majority of
MSMEs and start-ups are not comfortable with
the draft non-personal data policy in the current
form. They believe permitting large businesses
and platforms to sell aggregate data for a price
will not help them.
NARCO TEST
§ Narco test involves the injection of a drug,
sodium pentothal (truth serum), which
induces a hypnotic or sedated state in which the
subject’s imagination is neutralized, and they are
expected to divulge true information.
§ In Selvi & Ors vs State of Karnataka & Anr
(2010), a Supreme Court ruled that no lie
detector tests should be administered “except
on the basis of consent of the accused”.
RAPID ACTION FORCE

84


24. INDEXES/REPORTS IN NEWS NCRB
§ NCRB was set-up in 1986 to function as a
DATA GOVERNANCE QUALITY INDEX: NITI repository of information on crime and
AAYOG criminals so as to assist the investigators in
linking crime to the perpetrators, based on the
§ The Department of Fertilizers (Ministry of
recommendations of the National Police
Chemicals and Fertilizers) has been ranked 3rd
out of the 65 Ministries/Departments on Data Commission (1977-1981) and the MHA’s
Governance Quality Index (DGQI). Task force (1985).
§ NCRB function as a clearing house of
§ Conducted by Development Monitoring and
Evaluation Office (DMEO), NITI Aayog to information on crime and criminals including
assess different Ministries/Departments' those operating at National and International
performance on the implementation of Central levels so as to assists the investigators, and
Sector Schemes (CS) and Centrally Sponsored others in linking crimes to their perpetrators.
Schemes (CSS).
DEMOCRACY INDEX 2019
§ Objective: To drive healthy competition
among them and promote cooperative peer § It is prepared by Economist Intelligence Unit,
learning from best practices. the research and analysis division of The
§ Benefits: Improve the implementation Economist Group.
framework of government policies, schemes § The Democracy Index described 2019 as a
and programmes to achieve the desired goals. “tumultuous year” for Asian democracies.
§ Six major themes of DGQI: Data Generation; § India drops ranks to 51st place (lowest since
Data Quality; Use of Technology; Data Analysis, 2006) - “flawed democracy” category.
Use and Dissemination; Data Security and HR § The report, “A year of democratic setbacks and
Capacity and Case Studies. popular protest
§ Index is based on five categories: Electoral
NCRB REPORT 2019 process and pluralism, Civil liberties,
§ National Crime Records Bureau (NCRB), Governance, Political participation & Political
recently released crime data for 2017. culture
§ Increase in registered cases: Data shows an § Norway topped the index, with a score of 9.87,
increase of 3.6% in the registration of cases over while North Korea was at the bottom of the
2016. global rankings, with a score of 1.08.
§ Crime against women: The crimes rose from § China’s score fell to 2.26, and it is now ranked
3,793 per million in 2016 to 3,886 per 153rd, close to the bottom of the rankings.
million in 2017. Uttar Pradesh topped the list § India dropped 10 places in the Democracy
with 56,011 cases followed by Maharashtra. Index’s global ranking to 51st place.
§ Offences against the State: There is a 30% § The survey describing the erosion of civil
jump in cases recorded as “offences against the liberties in the country as the primary cause of
State.” democratic regression.
§ Cybercrime: India recorded 21,796
FREEDOM IN THE WORLD 2020 REPORT
cybercrimes in 2017, an increase of 77%from
2016. § The report is released by Freedom House,
§ Crime against Children: Compared to 2016 § The report derives its methodology from the
crimes against children increased by nearly Universal Declaration of Human Rights,
28%in 2017 adopted by the United Nations General
§ Against Dalit: Countrywide, 43,203 cases of Assembly (UNGA) in 1948.
atrocities against Dalits (including IPC and § It covers 195 countries, awarding scores based
SC/ST Act cases) were reported in 2017, about on-
6% more than in the previous year.

85


§ Political rights indicators such as the electoral § Union Territories: Chandigarh has emerged at
process, political pluralism and participation the top followed by Pondicherry and
and government functioning. Lakshadweep. Dadar and Nagar Haveli,
§ Civil liberties indicators related to freedom of Andaman, Jammu and Kashmir and Nicobar
expression and belief, associational and were the worst performers.
organisational rights, the rule of law and
personal autonomy and individual rights. RULE OF LAW INDEX 2020
§ Finland, Norway, Sweden, the Netherlands § The Supreme Court has asked the government to
and Luxembourg are the top five countries in decide on the plea for setting up expert panels to
the free category. boost India’s prospects in the Rule of Law Index.
§ The report has placed India at 83rd position § Published by World Justice Project - an
along with Timor-Leste and Senegal among the independent organisation.
bottom five of “free democracies”. § Index is a quantitative assessment tool
designed to offer a detailed and comprehensive
GLOBAL BRIBERY RISK MATRIX picture of the extent to which countries adhere
§ Released by TRACE, an anti-bribery standard to the rule of law in practice.
setting organisation that measures business § Parameters: It measures rule of law
bribery risk in 194 countries, territories and performance across eight factors: 1) Constraints
autonomous and semi-autonomous regions. on Government Powers 2) Absence of
§ Lowest Bribery risk: Denmark has topped the Corruption, 3) Open Government 4)
list followed by Norway, Finland, Sweden and Fundamental Rights 5) Order and Security 6)
New Zealand. Regulatory Enforcement 7) Civil Justice and 8)
§ India has been ranked at 77th in the 2020 Criminal Justice.
index. In 2019, India was at 78th position. § Top Performers in 2020: The index has been
§ India has performed better than that of China, topped by Denmark followed by Norway and
Pakistan, Bangladesh and Nepal. Finland.
§ Highest Bribery Risk: North Korea, § India has been ranked at 69. India has never
Turkmenistan, South Sudan, Venezuela and been ranked among the top 50 in the Index.
Eritrea present the highest commercial bribery
risk. HUMAN FREEDOM INDEX 2020
§ The index presents a broad measure of human
PUBLIC AFFAIRS INDEX-2020 freedom, understood as the absence of coercive
§ Released by the Public Affairs Centre, a not-for- constraints.
profit organisation headed by former Indian § Published by American think tank Cato
Space Research Organisation (ISRO) chairman Institute and Fraser Institute in Canada.
K. Kasturirangan. § Topped by New Zealand has topped the index
§ The states were ranked on governance followed by Switzerland and Hong Kong.
performance in the context of sustainable § India has been placed at the 111th spot out of
development defined by three pillars of equity, 162 countries.
growth and sustainability. § The index put China at 129 rank, Bangladesh
§ Larger States Category: Kerala, Tamil Nadu, at 139 and Pakistan at 140. Further, the three
Andhra Pradesh and Karnataka stood in the least-free countries in descending order are
first four ranks in terms of governance. Uttar Venezuela, Sudan and Syria.
Pradesh, Odisha and Bihar were at the bottom
of the ranking. WOMEN, BUSINESS & THE LAW INDEX
§ Smaller States Category: Goa ranked first § Index released by World Bank - sixth edition
followed by Meghalaya and Himachal Pradesh. § Canada became eighth country to score 100 on
Manipur, Delhi and Uttarakhand were the the Women, Business and the Law index.
worst performers.

86


§ India was ranked 117th and scored 74.4 out of § India slipped 6 places to 86th among 180
100. countries.
§ Index aims to analyze the impact of laws and § The index highlights the concern of persistent
regulations (legal gender equality) on women’s corruption in the healthcare systems and
economic opportunity (entrepreneurship and contributing in weakening of democracy amid
employment) in 190 economies. the COVID-19 pandemic.
§ It ranks countries by their perceived levels of
ANNUAL STATUS OF EDUCATION REPORT
(ASER) 2019 public sector corruption according to experts
and business people.
§ ASER Report released by NGO Pratham. § The corruption perceptions index uses a scale of
§ ASER 2019 reported on the pre-schooling or zero (highly corrupt) to 100 (very clean)
schooling status of children in the age group 4 to where the global average for 2019 is 43.
8 years in 26 rural districts (districts with rural § Transparency International is a German non-
population >70%) across 24 States. governmental organization founded in 1993,
§ It explores children’s performance on 4 headquartered in Berlin, Germany.
competencies that are identified as important
predictors of future success: TRANSPARENCY INTERNATIONAL
1. Cognitive Development, § Transparency International is a global
2. Early Language, movement working in over 100 countries to end
3. Early Numeracy, and the injustice of corruption.
4. Social and Emotional Development. § It is an independent, non-governmental, not-
§ ASER is annual survey, conducted every year for-profit.
since 2005. § Founded in 1993 and Based in Berlin.
§ ASER is sample-based household survey and § Transparency International also publish Global
largest citizen-led survey in India. Corruption Barometer and Global Corruption
§ ASER has reported on the ability to do basic report.
reading and arithmetic tasks for children in the
5-16 age group in Rural India.
§ In 2017, ASER 'Beyond Basics' focused on the
abilities, experiences, and aspirations of youth in
the 14-18 age group.

Corruption Perceptions Index (CPI) 2020

§ Index released by Transparency International
(TI).

87

45

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8. PARLIAMENT ............................................................. 16 VISHAKA GUIDELINES ..................................................... 29

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