1st June 2022 The Hindu Analysis

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1st June 2022

Daily The Hindu Analysis


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6/1/2022
2
• Article 80 of the Constitution have provisions for members of the Rajya
Sabha. Currently, it has 245 members, including 233 elected members and
12 nominated. As per the constitutional limit, the Upper House strength
cannot exceed 250.
The number of Rajya Sabha members a state can send depends on its
population. Hence, the number of elected seat changes as states are
merged, bifurcated or new ones are created.

• Nominated members of the Rajya Sabha are nominated by the President of


India in the field of art, literature, science and social service.

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• Tenure of members: Every Rajya Sabha MP has a tenure of six years and
elections to one-third seats are held every two years.
According to Section 154 of the Representation of the People Act 1951, a
member has chosen to fill a casual vacancy will serve for the remainder of
his predecessor's term of office.

• Permanent house: The Rajya Sabha meets in continuous sessions, and


unlike the Lok Sabha, is not subjected to dissolution. However, the Rajya
Sabha, like the Lok Sabha can be prorogued by the President


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• Process of election: Rajya Sabha members are elected indirectly by the
people, that is, by the MLAs.
Members of a state's Legislative Assembly vote in the Rajya Sabha
elections in proportional representation with the single transferable vote
(STV) system. Each MLA’s vote is counted only once.

6/1/2022
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• On a constitutional
plane, the verdict in
‘Perarivalan’ deserves
a re-look or review as
it stands on wobbly
foundations

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• Court’s extraordinary route

• The Court has treaded the extraordinary constitutional route


under Article 142. The power to do ‘complete justice’, for grant of
remission and consequent premature release.

• The Bench decided to exercise the power of grant of pardon,


remission et al., exclusively conferred on the President of India
and State Governors under Articles 72 and 161.

6/1/2022
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• The power under Article 161 is exercisable in relation to matters to which the
executive power of the state extends.

• While the Governor is bound by the advice of the Council of Ministers (Article
163), the binding nature of such advice will depend on the constitutionality of
the same.

• Article 161 consciously provides a ‘discretion’ to the Governor in taking a


final call, even if it was not wide enough to overrule the advice, but it
certainly provides latitude to send back any resolution for reconsideration,
if, in his opinion, the resolution conflicted with constitutional ends.
6/1/2022
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• The power exercisable by the Governor under Article 161 in respect of
the subject matter is not so clear and obvious as ruled by the Bench.

• Whether what the State government could not achieve directly by


invoking Sections 432 and 433 of Cr.P.C, without concurrence of Centre
could be allowed to take a contrived route vide Article 161 and achieve
its objectives is a pertinent issue.

• This aspect requires deeper judicial examination for the sake of


constitutional clarity.

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• The second aspect is the delay in taking a decision by the
Governor in the matter. The Constitution does not lay down
any timeframe for the Governor to act on the advice of the
Council of Ministers.

• In a case like the present one, a long consultative process was


imperative due to several litigations repeatedly being pursued
at the instance of the convicts, under one legal pretext or the
other. 10
6/1/2022
• The EV policies put
in place by some
States as part of
FAME-II have been
instrumental in
driving this growth

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• India’s push for electric vehicles (EVs) was renewed when phase -II
of the Faster Adoption and Manufacturing of (Hybrid and) Electric
(FAME) Vehicles scheme in India, with an outlay of ₹10,000 crore,
was approved in 2019. This was significant since phase-I, launched
in 2015, was approved with an outlay of ₹895 crore.

• As a part of FAME-II, the government has made a push for


indigenous manufacturing with a number of automakers answering
the call.
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• The success India has experienced in the e-three-wheeler space has come
from developing both the demand and supply sides. Subsidies, tax
exemptions, and interest-free loans have successfully rallied demand for
these vehicles.

• These vehicles provide for inexpensive means of transport for millions, are
easy to maintain, and have relatively low operating costs, making them
immensely popular among operators.

• The indigenous design allows for easy local manufacturing in workshops and
small enterprises and makes them relatively easy to charge and maintain
compared
6/1/2022
to their two-wheeler and four-wheeler counterparts. 13
• Can Aadhaar be the
one-stop solution for
all identification
requirements? Does it
safeguard the privacy
of its various
beneficiaries?

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14
• The Aadhaar (Targeted Delivery of Financial and Other Subsidies
Benefits and Services) Act, 2016 states that Aadhaar
authentication is necessary for availing subsidies and services
that are financed from the Consolidated Fund of India.

• The NPCI’s Aadhaar Payments Bridge (APB) and the Aadhaar


Enabled Payment System (AEPS) facilitate direct benefit transfer
(DBT) and allow individuals to use Aadhaar for payments. This
requires bank accounts to be linked to Aadhaar.
6/1/2022
15
• The notice informed that only entities possessing a ‘User Licence’ are permitted
to seek Aadhaar for authentication purposes. Private entities like hotels or film
halls cannot collect or keep copies of the identification document.

• The Aadhaar (Targeted Delivery of Financial and Other Subsidies Benefits and
Services) Act, 2016 makes it clear that Aadhaar authentication is necessary for
availing subsidies, benefits and services that are financed from the
Consolidated Fund of India.

• In the absence of Aadhaar, the individual is to be offered an alternate and


viable means of identification to ensure she/he is not deprived of the same.
6/1/2022
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• Separately, Aadhaar has been described as a preferred KYC (Know Your
Customer) document but not mandatory for opening bank accounts,
acquiring a new SIM or school admissions.

• The requesting entity would have to obtain the consent of the


individual before collecting his/her identity and ensure that the
information is only used for authentication purposes on the Central
Identities Data Repository (CIDR).

6/1/2022
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• More importantly, no Aadhaar number (or enclosed personal
information) collected from the holder can be published,
displayed or posted publicly. Identity information or
authentication records would only be liable to be produced
pursuant to an order of the High Court or Supreme Court, or
by someone of the Secretary rank or above in the interest
of national security.

6/1/2022
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6/1/2022
19
• A new report from the Analytical Support and Sanctions Monitoring Team
of the UNSC says that foreign terrorist organisations continue to enjoy
safe haven under the Taliban regime. It adds that the terrorist groups are
not likely to launch major attacks outside Afghanistan before 2023.

• Two India-focussed terrorist groups, Jaish-i-Mohammed (JiM) and Lashkar-


e-Taiba (LeT), are reported to have training camps in Afghanistan.

• Tehreek-e-Taliban Pakistan (TTP) constitutes the largest component of


foreign terrorist fighters in Afghanistan, with their numbers estimated at
3,000-4,000.

6/1/2022
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JOIN OUR TELEGRAM CHANNEL TO GET
THE HINDU NEWSPAPER AT 4:30 AM
https://t.me/clatessesntials

1. Current Affairs BACKLOG of all the months has been uploaded from JULY.

2. Legal notes (CONSTITUTION, IPC, TORTS, CONTRACT, MISCELLANEOUS) of


various coaching’s has been uploaded.

3. Practice sheets for Legal (Passage Based Questions) of various coaching’s have
been uploaded.

4. Reading Comprehension (RC) + Critical Reasoning (CR) theory Books along with
their practice sheets have been posted.

5. We post daily Key Points for the Hindu News Analysis.

ALSO, JOIN THIS CHANNEL FOR:


https://t.me/thelawgicalstudies

1. TO GET DAILY PRACTICE SHEETS FOR BOTH LEGAL AND CURRENT AFFAIRS.

2. Daily Hindu News Analysis (DHNA) at sharp 9 am.

3. FREE LEGAL BATCH THAT WILL COVER YOUR ENTIRE SYLLABUS FOR LEGAL
APTITUDE IS ABSOLUTELY FREE

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