Prevention of Animal Cruelty

Context: A five-judge Constitution Bench of the Supreme Court has upheld the amendments
made by Tamil Nadu, Maharashtra, and Karnataka to The Prevention of Cruelty to Animals (PCA)
Act, 1960, allowing Jallikattu, Kambala, and bullock-cart races.

Highlights of SC Judgement:
● The court overturned the verdict of a two-judge Bench in ‘Welfare Board of India v. A.
Nagaraja’ (2014), which had banned practices such as Jallikattu.
● The five-judge Bench noted that Jallikattu has been held in Tamil Nadu for at least a century,
and “we will not disrupt the view of the Tamil Nadu legislature that it is part of the cultural
heritage of the state”.
● The court upheld the validity of the ‘Prevention of Cruelty to Animals (Tamil Nadu
Amendment) Act of 2017’, and ‘Prevention of Cruelty to Animals (Conduct of Jallikattu)
Rules of 2017’, and said that the amendment laws “substantially minimises” the pain and
suffering of the animals participating in the event.
● The court also found similar laws passed by Karnataka and Maharashtra, allowing bullock cart
races and buffalo racing ‘Kambala’, valid.

Important facts for Prelims:

● Legislation: Union and the State legislatures have equal powers to make laws on the
‘prevention of animal cruelty’, as per the Concurrent List of Schedule VII to the Constitution.
● Fundamental Rights: None of the guarantees contained in Part III of the Constitution are
explicitly conferred on animals.
○ Article 14 (right to equality) and Article 21 (right to life and personal liberty) are
bestowed on persons.
○ “Persons” usually mean human beings, or associations of human beings, such as
corporations, partnerships, trusts, and the like. However, Supreme Court in the case of
Animal Welfare Board of India v. Nagaraja (2014), specifically ruled on Article 21 in
favour of animals.
● Directive Principles of State Policy: According to Article 48A, it is the responsibility of the
State to improve the strength of animals and safeguard the wildlife of the country.
● Fundamental Duties: According to Article 51A(g), it is the Fundamental Duty of every citizen
to protect and improve forests and wildlife and to have compassion for all living creatures.

Important laws for protection of animals in India:

Prevention of Cruelty to Animals Act,1960
● The Prevention of Cruelty to Animals Act (PCA Act), 1960 was enacted by the Parliament
to prevent the infliction of unnecessary pain or suffering on animals.
● The word ‘animal’ is defined as ‘any living creature other than a human being’.
● The Act prescribes for the establishment of the Animal Welfare Board of India (AWBI) to
protect animals from being subjected to unnecessary pain. The AWBI performs the
following functions:
⇒ To advise the central government regarding amendments and rules to prevent
unnecessary pain while storing animals for experiments, transporting animals, etc.
⇒ To encourage financial assistance, animal shelters, and rescue homes for old animals.
⇒ To advise the government on medical care and assistance for animal hospitals.
⇒ Imparting education and awareness on animal welfare using books, lectures, posters,
advertisements.
⇒ To advise the central government regarding the general matters on animal welfare.
 ● It does not criminalise the use of animals for experiments with a view to securing medical
advancement.
● It does not include “Bestiality” as a crime.

● The Wildlife Protection Act,1972:

o The Act prohibits the killing, trapping, poaching, poisoning, or harming of any wild animal
or bird.
o The definition of wildlife under the Act includes any animal, aquatic, or land vegetation
that forms part of any habitat.
o This Act is the first legislation that provides a broad list of endangered wildlife species.
o It also provides the establishment of wildlife advisory boards for the protection of wildlife
in every state to tackle the situation.
o The provisions for the protection of aquatic life (marine animals), birds, and zoo animals
are also covered under the Act.
o The Act allows the Center and State governments to declare any area ‘restricted’ for the
wildlife sanctuary, National park, etc.

Living will and Euthanasia

Context: Recently, the Supreme Court of India simplified the rules on passive euthanasia in cases
of terminal illness.

Important for Prelims:

● Living Will: Advance Medical Directives (AMD) or ‘living will’ allows a person to choose
how he or she dies under certain medical conditions.
● Passive Euthanaisa: It refers to withdrawing life support or treatment that is essential to
keep a terminally ill person alive.
○ The Supreme Court in Common Cause vs. Union of India & Anr, 2018, allowed
passive euthanasia.
○ It recognised the living wills of terminally-ill patients who could go into a
permanent vegetative state and issued guidelines regulating this procedure.

Guidelines for Passive Euthanasia:

● Three-Tier Structure: Under the guidelines, foregoing life support involved a three-level
system of oversight —
o an internal medical board for a preliminary opinion,
o A board constituted by the District Collector,
o Physical verification by a judicial magistrate.

Recent changes by SC:

● Two-tier Process: SC has removed the clause that required the permission of a judicial
magistrate to forego life support.
○ Review board will also be approved by the chief medical officer instead of the
district magistrate.
● Composition of the primary board has been changed from at least four experts from
general medicine, cardiology, neurology, nephrology, psychiatry or oncology with overall
20 years of experience to three experts including the treating physician and two doctors
with specialties and five years of experience.
 ● On Living Will: In 2018 Judgement, only a judicial magistrate could attest or countersign
a living will, which would remain with the district court.
○ However, living will can now be signed by the executor in the presence of two
attesting witnesses, preferably independent, and attested before a notary or
gazetted officer instead of a judicial magistrate.
● Time Bound Decision: 2018 judgement made no mention of any stipulated time within
which a decision had to be made.
○ Now, a secondary board must immediately be constituted by the hospital and
the primary / secondary board must arrive at a decision within 48 hours on
withdrawal of further treatment.
● Role of Collector: Both boards will now be constituted by the hospital itself, removing the
role of the collector.

Remember, the above procedure is not mentioned in any law. These are guidelines by the
Supreme Court and will exist until Parliament passes any law in this regard.

Prison Reforms
Context: The Supreme Court has decided to review the suggestions put forward by a committee it
established in 2018 that was tasked with assessing the issues afflicting prisons nationwide,
including deficiencies in medical care and other amenities for inmates, and proposing remedies.

Important facts for Prelims:

● State Subject: Prisons’ is a State subject under the State List of the Seventh Schedule to
the Constitution of India.
● Prison Act,1894:The management and administration of Prisons falls exclusively in the
domain of the State Governments, and is governed by the Prisons Act, 1894 and the
Prison Manuals of the respective State Governments

Various Committees related to Prison Reforms in India

● The Indian jail reform committee: Macaulay's Minute of 1835 was responsible for laying
down the foundations of the prison system in India.
● Modern Prison Manual: An All-India Jail Manual Committee was set by the Indian
government to prepare a Jail Manual. The bedrock of prison management in India is
based on the manual.
● Justice Mulla committee: The Mulla committee was set up in 1980 to review the laws,
rules, and regulations for protecting society and reforming offenders.
● Justice Krishna Iyer committee: The Iyer committee highlighted the plight of women
prisoners and suggested the need to induct more women into the Police Services and
management.
● Justice Roy committee: The committee made recommendations with respect to issues
such as overcrowding in prisons and correctional homes and recommended remedial
measures.
● Justice Malimath Committee: The committee suggested reforms such as replacing the death
penalty with life imprisonment without commutation or remission.
Rights of Prisoners in the constitution:
● Right to life: The right to life has been explicitly mentioned as a fundamental right that finds
no distinction between a prisoner and a common citizen.
● Right to free legal aid: Article 39-A provides for Right to free legal aid. Despite it being non-
enforceable, the state should keep this in mind while framing laws and policies for prisoners.

Caste Census
Context: The Bihar government conducted a caste survey, revealing that 63% of the state's
population belonged to OBC (Other Backward Class) and EBC (Extremely Backward Class)
categories. This led to demands for a nationwide caste census by Opposition parties.

What is Socio-Economic Caste Census:

It is a comprehensive study of the socio-economic status of rural and urban households.
Additionally, SECC includes a caste census, which provides information on the caste composition
of the population.

Important facts for Prelims:

● Every Census in independent India from 1951 to 2011 has published data on Scheduled
Castes and Scheduled Tribes, but not on other castes.
○ Before that, every Census until 1931 had data on caste.
○ However, in 1941, caste-based data was collected but not published.
● SECC 2011 was the first caste-based census since the 1931 Census of India.
● Components of SECC: Ministry of Rural Development commenced the SECC 2011 on 29th
June, 2011. It has three census components, but under the overall coordination of the
Department of Rural Development.
○ Census in Rural Areas has been conducted by the Department of Rural
Development.
○ Census in Urban areas is under the administrative jurisdiction of the Ministry of
Housing and Urban Poverty Alleviation (MoHUPA).
○ Caste Census is under the administrative control of the Ministry of Home Affairs:
Registrar General of India (RGI) and Census Commissioner of India.
● SECC 2011 is also the first paperless census in India conducted on hand-held electronic
devices.

Finance Commission
Context: The government has begun the process to set up the Sixteenth Finance Commission.

About Finance Commission

● The Finance Commission is a Constitutionally mandated body set up under Article 280 of
the Constitution.
● Evolution: The first Finance Commission was set up in 1951 and there have been fifteen so
far.
● Process of setting up: The first step towards constituting the Commission will be the
appointment of an Officer on Special Duty to drive the process.
○ This officer typically becomes the member-secretary of the Commission, once it is
constituted.
● The Fifteenth Finance Commission was constituted on 27 November 2017 for a term from
2021-2026 under N.K.Singh.
 ○ While the Constitution requires a Finance Commission (FC) to be set up every five
years, the 15th FC’s mandate was extended till 2025-26, breaking the cycle.
● Criteria by 15th FC:
○ Demographic Performance
○ Income Distance
○ Tax to GDP ratio
○ Population and area
○ Forest and Ecology
● Borrowings by Central Government and States:
○ Article-292 provides for the Central Government to borrow funds.
○ Article-293 provides for borrowings by the States. According to this article, A state
may not raise a loan without the consent of the Central Government, if there is
still outstanding any part of a loan which has been made by the Central
Government.

Special Marriage Act,1954

Context: A prominent actress has got married under the Special Marriage Act of 1954 (SMA).

About Right to marry and Special Marriage Act,1954

● Right to marry in India: Supreme Court in its recent rulings held that Right to marry is
not a fundamental right under the Indian Constitution.
● The Act: The Special Marriage Act of 1954 (SMA) was passed in 1954, to govern a civil
marriage where the State sanctions the marriage rather than the religion.
● Enables Inter-Faith Marriage: Issues of personal law such as marriage, divorce, adoption
are governed by religious laws that are codified. These laws require either spouse to
convert to the religion of the other before marriage.
○ However, the SMA enables marriage between inter-faith or inter-caste couples
without them giving up their religious identity or resorting to conversion.
● Applicability: The applicability of the Act extends to the people of all faiths, including
Hindus, Muslims, Sikhs, Christians, Sikhs, Jains, and Buddhists, across India.
● Age: The minimum age to get married under the SMA is 21 years for males and 18 years
for females.

Important Provisions of the Act:

● Section 5: The parties to the marriage are required to give a notice, in writing, to a “Marriage
Officer” of the district in which at least one of the parties has resided for at least 30 days
immediately preceding the notice.
● Section 6: It requires such a notice to be then entered into the Marriage Notice Book
maintained by the Marriage Officer, which can be inspected by “any person desirous of
inspecting the same”.
● Section 7: It provides the process for making an objection, such as, if either party has a living
spouse, is incapable of giving consent due to “unsoundness of mind” or is suffering from
mental disorder, resulting in the person being unfit for marriage or procreation.
● Section 8: It specifies the inquiry procedure to be followed after an objection has been
submitted.
● Certificate of Marriage: Before the marriage is solemnised, the parties and three witnesses
are required to sign a declaration form before the Marriage Officer.
 o Once the declaration is accepted, the parties will be given a “Certificate of marriage”
which is essentially proof of the marriage.
● Inheritance: Once married as per the law, under Section 19 of the Act, any member of an
undivided family who professes the Hindu, Buddhist, Sikh or Jain religion shall be deemed to
effect their severance from the family.
o This would affect rights, including the right to inheritance, of the persons choosing to
marry under the SMA.

Revised guidelines on MPLADS

Context: Recently, the Minister of State (Independent Charge) of the Ministry of Statistics and
Programme Implementation (MoSPI) released the Revised Guidelines on Members of Parliament
Local Area Development Scheme (MPLADS)-2023.

About MPLADS Scheme

● The MPLADS is a Plan Scheme fully funded by the Government of India, which was
announced in December 1993.
● Each year, MPs receive Rs. 5 crore in two instalments of Rs. 2.5 crore each. Funds under
MPLADS are non-lapsable.
● Objective:
o To enable MPs to recommend works of developmental nature with emphasis on the
creation of durable community assets in the areas of drinking water, primary education,
public health, sanitation and roads, etc. primarily in their Constituencies.
● Implementation:
o Central Nodal Ministry: Ministry of Statistics and Programme Implementation
(MoSPI)
o The Nodal District concerned is responsible for implementing the eligible works
recommended by the Members of Parliament and maintaining the details of individual
works executed and amount spent under the Scheme.
● Functioning:
o Lok Sabha MPs have to recommend the district authorities projects in their Lok Sabha
constituencies, while Rajya Sabha MPs have to spend it in the state that has elected them
to the House.
o Nominated Members of both the Rajya Sabha and Lok Sabha can recommend works
anywhere in the country.
● Special focus:
o MPs are to recommend every year, works costing at least 15 percent of the MPLADS
entitlement for the year for areas inhabited by Scheduled Caste population and 7.5 per
cent for areas inhabited by S.T. population.

Revised Guidelines on MPLADs

● The revised set of guidelines aims to broaden the scope of the Scheme so as to enable the
MPs to recommend the developmental works as per the changing needs of the community;
with an emphasis on improving the functioning, implementation and monitoring of the
MPLAD scheme.
● The entire process of fund flow under the revised guidelines will operate through the web
portal, which will facilitate real-time monitoring, greater transparency and accountability in
the system, and improved efficiency and effectiveness of the MPLAD Scheme.
● The programme consists of a training workshop and live demonstration of the role-based
features of the web portal, for the officers of the State Governments and Union Territories.
Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of
Service and Term of Office) Bill,2023
Context: The Union Government introduced a Bill removing the Chief Justice of India (CJI) from a
three-member panel to select the Chief Election Commissioner (CEC) and Election Commissioners.

Related information:
● The Chief Election Commissioner and other Election Commissioners (Appointment,
Conditions of Service and Term of Office) Bill, 2023, was introduced in the Rajya Sabha.
● According to this Bill, instead of the CJI, the three-member panel, when formed, would
consist of a Cabinet Minister besides the Leader of Opposition (LoP) in the Lok Sabha, and
the Prime Minister, who would head it.

SC Judgement on appointment of Election Commission of India

In March 2023, A Constitution Bench of the Supreme Court ordered that Election Commissioners
will be appointed by the President of India on the advice of a Committee consisting of the Prime
Minister, and leader of Opposition in the Lok Sabha (or leader of largest opposition party), and
the Chief Justice of India.

More on judgement
● Independent Staff: It called for the Election Commission to have an independent secretariat,
rule-making powers, an independent budget, and protection from impeachment.
● Financial Independence: Election Commission should draw funds directly from the
Consolidated Fund of India, instead of having to go to the Prime Minister's Officer and the
Law Ministry for funds and approvals.
● Safeguard to Election Commissioners: It extends the protection available to the CEC under the
first proviso to Article 324(5) to other Election Commissioners.

The court had said the order would hold good until a law was made by Parliament. Till this SC
ruling, Election Commissioners and CECs had been appointed by the President after
recommendations from the government.

Lokayukta
Context: Recently, A Division Bench of the Kerala High Court has held that the Lokayukta cannot
investigate matters relating to the selection of candidates by political parties for contesting
elections.

Important facts for Prelims:

● The Lokpal and Lokayuktas Act, 2013 provides for the establishment of Lokpal at the
centre; and Lokayuktas at the state levels to inquire into allegations of corruption against
public functionaries, and for related matters.
● Section 63 of the Lokpal and Lokayuktas Act, 2013 says, “Every state shall establish a
body to be known as the Lokayukta for the State, if not so established, constituted or
appointed, by a law made by the State Legislature, to deal with complaints relating to
corruption against certain public functionaries, within a period of one year from the date
of commencement of this Act.”
○ Even much before the enactment of the Act, many states in India had already set
up the institutions of Lokayuktas.
 ● Appointment: In states, the Lokayukta and Up-Lokayukta are appointed by the Governor.
○ At the time of appointment, the Governor, generally, consults the Chief Justice of
the State High Court, and Leader of Opposition in the State Legislative Assembly.
● Structure:The structure of Lokayukta does not follow a uniform pattern in all the states.
(Lokayukta and Up-Lokayukta).
● Term of Lokayukta: The term of office fixed for Lokayukta in majority of states, is of five
years duration or 70 years of age, whichever is earlier; and the Lokayukta is not eligible
for reappointment for a second term.
● Is CM under jurisdiction of Lokayukta- At the state level, there is no uniformity in case of
the jurisdiction of Lokayukta. (In some states like MP, MH, Gujarat etc. the office of CM is
included under the jurisdiction, while in some states it is excluded).

Content blocking in India

Context: According to the Ministry of Electronics and Information Technology, 4,999 YouTube links
have been blocked by the Union Government so far.

About Content blocking

● Section 69A of the Information Technology Act, 2000, empowers the government to block
online content.
o Grounds: Section 69A allows the government to order the blocking of content on the
grounds of it being necessary or expedient to do so in the interest of sovereignty and
integrity, defence of India, security of the State, friendly relations with foreign States or
public order or for inciting cognizable offence relating to above.
o Backing law: Under Information Technology (Procedure and Safeguards for Blocking for
Access of Information for Public) Rules, 2009, the government passed the order.
● A Review Committee is required to meet at least once in two months to see if blocking under
Section 69A were necessary.
o None of the 32,325 blocking orders passed since 2014 have been overturned by the
Review Committee.

National Security Act,1980

Context: The National Security Act, 1980 has been invoked against separatist leader Amritpal
Singh in Punjab.

What is National Security Act,1980

● Origin: NSA was passed by the Parliament in 1980. The act empowers the state to detain a
person without a formal charge and without trial.
● Reason behind invoking:
o The act is invoked to take a person into custody, preventing them from acting in any
manner prejudicial to “the security of the state” or for “maintenance of the public
order”.
● Authority to invoke:
o The act is invoked through an administrative order passed either by the Divisional
Commissioner or the District Magistrate (DM).
o The District Magistrate can slap NSA against an individual even if they are in police
custody.
 oNo legal proceedings can be initiated against the official who carries out the orders under
NSA.
● Provisions under NSA, 1980:
o Re-arrest: A person can be detained under the NSA even if the same person has been
acquitted by the court.
o Producing before magistrate: The NSA snatches away the individual’s constitutional right
to be produced before the magistrate within 24 hours.
o Provision of bail: The detained person loses the right to move a bail application before a
criminal court.
o Detention without charges: Individuals charged under NSA can be detained without a
charge for a maximum period of 12 months.
⮚ The detainee can be held for 10 to 12 days in special circumstances without informing
them about the charges against them.
● Grounds for detention:
o Individuals can be detained to prevent them from acting in any manner prejudicial to the
defence of India, relations of India with friendly countries or the security of India.
o The law can also be invoked to prevent a person from acting in any manner prejudicial to
the maintenance of supply and services essential to the community.
● Remedies against NSA:
o Persons detained under NSA have the right to make an effective representation before
an independent advisory board, which consists of three members and is chaired by a
member who is, or has been, a judge of a high court.
o The writ of habeas corpus is another remedy available under the Constitution against the
state’s power of taking people into custody under the NSA.

Drug Patent in India

Context: Assistant Controller of Patents and Designs has rejected J&J plea for patent extension on
TB drug.

About drug patent in India

● Patent is a form of Intellectual Property Right (IPR) in which an inventor agrees to disclose the
entire invention, in return for an exclusive right to stop others from using or making that
invention.
● Getting patents in India:
o The inventor must apply to the government by describing the invention in writing to get
a patent, through a patent application.
o If there is no pre-granted opposition to the patent, application will be accepted, and
patent is granted. After being granted a patent, the applicant can get a royalty from such
inventions.
● Types of drug patents:
o Primary patent: Patents given for active ingredients are referred to as primary patents.
o Secondary patent: Patents filed on other aspects such as different dosage forms,
formulations, production methods etc. of the active ingredient are referred to as
secondary patents.
● Indian Patents Act, 1970:
o The Patents Act, 1970 governs patents in India. The Office of the Controller General of
Patents, Designs and TradeMarks is responsible for implementing the Indian Patent Act.
● Eligibility for drug patents
 o The law provides patent protection for pharmaceutical items and pharmaceuticals.
o Medicinal substances are patentable to the extent that patents would only apply to novel
chemical entities.
● Non-eligibility
o Section 3(d) of the Patents Act categorically states that salt forms and derivatives of
known substances are not patentable.
o Known procedure is not patentable and cannot be regarded as distinct from the known
substance.
o Inventions involving well-known chemicals cannot be patented unless the invention
exhibits a significant increase in efficacy.
● Significance
o Section 3 (d) of the act prevents the “evergreening of patents” by providing that only
those pharmaceutical compounds that demonstrate significantly improved “efficacy” can
be patented.

Right to strike in India

Context: Government employees are on a long-term strike, demanding a return to the Old
Pension Scheme (OPS).

About Right to strike

● The collective refusal by employees to work under the conditions defined by employers is
known as strike. It is usually used by workers to secure economic justice.
● Most of the countries across the world provide their employees with the right to strike. But
they are subject to conditions, considering the financial implications.
● The right to strike in India
o Constitution: The constitution of India provides right to protest as a fundamental right
under Article 19. It does not explicitly recognise the right to strike.
⮚ The right to strike flows from the fundamental right to form a union. It is not an
absolute right and thus can be restricted on reasonable grounds.
o Under law: Right to strike is a statutory right given under Section 22(1)(a) of the Industrial
Disputes Act, 1957.
⮚ The limited right to strike was given for the first time under the trade union Act, 1926
by legalising certain activities of a registered trade union.
● International recognition: The International Labour Organization has recognised right to
strike under its convention.

Essential Services Maintenance Act (ESMA)

● The Essential Services Maintenance Act (ESMA) was notified in 1968, to maintain “certain
essential services and the normal life of the community."
o The Act provides a list of “essential services" and it prohibits the employees in these
particular services from striking.
o Some essential services under ESMA include post and telegraph, railway, airport and port
operations, defence establishments etc.
● Implications: If employees of concerned essential services do not abide by the government
directive to end the strike, the concerned government can take action against them under
ESMA provisions.
 o However, the concerned government must warn the agitating employees through the
newspaper notification or other mediums, before taking actions under ESMA.

Foreign Contribution Regulation Act,1976

Context: The Union Ministry of Home Affairs (MHA) has recommended the CBI probe against
Oxfam India for the violation of the provisions of Foreign Contribution (Regulation) Act.

Important facts for Prelims regarding FCRA:

● FCRA regulates foreign donations and ensures that such contributions do not adversely affect
internal security.
● It was enacted in 1976 and was recently amended in 2022.
● Application: It is applicable to all associations, groups and NGOs which intend to receive
foreign donations.
● FCRA requires every person or NGO seeking to receive foreign donations to be
o Registered under the Act.
o To open a bank account for the receipt of the foreign funds in State Bank of India,
Delhi.
o To utilise those funds only for the purpose for which they have been received and as
stipulated in the Act.
o They are also required to file annual returns, and they must not transfer the funds to
another NGO.
● Prohibition: The Act prohibits the receipt of foreign funds by candidates for elections,
journalists or newspaper and media broadcast companies, judges and government servants,
members of legislature and political parties or their office-bearers, and organisations of a
political nature.
● Validity: The registration is initially valid for five years and it can be renewed subsequently if
they comply with all norms.
● Cancellation of Registration: Registration can be cancelled if an inquiry finds a false
statement in the application.
o Once the registration of an NGO is cancelled, it is not eligible for re-registration for
three years.
o The MHA also has the power to suspend an NGO’s registration for 180 days pending
inquiry and can freeze its funds.
o All orders of the government can be challenged in the High Court.

FCRA 2022 Rules:

● It increased the number of compoundable offences under the Act from 7 to 12.
● Exemption from intimation to the government for contributions less than Rs 10 lakh – the
earlier limit was Rs 1 lakh — received from relatives abroad, and increase in time limit for
intimation of opening of bank accounts.
● The new rules reduced the limit on administrative expenses from 50 % to 20%.
Telecom Regulatory Authority of India (TRAI)
Context: The Centre is planning to open the TRAI chairperson's post to the private sector.

About TRAI:
● It is a statutory body established in 1997 through the Telecom Regulatory Authority of India
Act, 1997, to regulate telecom services, including fixation/revision of tariffs for telecom
services.
● Objectives: The main objective of TRAI is to provide a fair and transparent policy environment
which promotes a level playing field and facilitates fair competition.
● Headquarters: The head office of the Telecom Regulatory Authority of India (TRAI) is located
at New Delhi.
● Composition of TRAI:
o Members: TRAI consists of a Chairperson, two whole-time members and two part-time
members, all of whom are appointed by the Government of India.
⮚ Chairperson: The Chairperson has the powers of general superintendence.
⮚ He/She presides over the meetings of the TRAI.
● Recommendations: The recommendations of the TRAI are not binding upon the Central
Government.
● Government Control over TRAI:
o TRAI is not a completely independent telecom regulator.
o Under section 25 of the Act, the government has the power to issue directions which are
binding on TRAI.
o The TRAI is also funded by the Central Government.
● The TRAI Act was amended in 2000, establishing a Telecom Disputes Settlement and
Appellate Tribunal (TDSAT).

Central Drugs Standard Control Organisation

Context: At least 48 commonly used medicines have failed the latest drug safety test conducted
by the Central Drugs Standard Control Organisation (CDSCO)

About CDSCO:
● It is under the Directorate General of Health Services, Ministry of Health & Family Welfare.
● Drugs Controller General of India (DCGI) is the head of the CDSCO.
● It is the National Regulatory Authority (NRA) of India.
● It is the Central Drug Authority for discharging functions assigned to the Central Government
under the Drugs and Cosmetics Act.

Functions:
● It is responsible for approval of licences of specified categories of Drugs such as blood and
blood products, IV Fluids, Vaccine and Sera.
● It is responsible for approval of New Drugs, Clinical Trials in the country, laying down the
standards for Drugs, control over the quality of imported Drugs, coordination of the activities
of State Drug Control Organisations and providing expert advice with a view of bring about the
uniformity in the enforcement of the Drugs and Cosmetics Act.
Drug Recall
Context: Multinational pharmaceutical company Abbott has published a public notice in
newspapers alerting people about a mislabelled batch of medicine, intending to recall it from the
market.

What is drug recall

● Drug recall is the action of withdrawing/removing the drugs from distribution or use due to
deficiencies reported in quality, efficacy or safety.
● Defective drugs may include Not of Standard Quality (NSQ), Adulterated or Spurious drugs. It
may also cover drugs prohibited under the Provisions of Drugs & Cosmetics Act.
● Once a drug is found to be Not of Standard Quality (NSQ), it is the responsibility of the drug
company to withdraw the entire batch from the market.
● Status of Drug recall law in India:

Recall mechanism in India:

● The Drugs & Cosmetics Act & Rules contains references for product recalls, complaints and
adverse reactions.
o These rules are applicable to all quality defective product reports and to all reported
incidents of safety and efficacy received for all drugs including vaccines & biological.
o These guidelines must be followed by licensees (manufacturers, importers, stockists,
distributors, retailers) and the recall could be voluntary or statutory.
● The Drugs, Medical devices and Cosmetics Bill 2022, which will replace the Drugs and
Cosmetics Act 1940, contains procedures for recall of Ayurvedic, homoeopathic medicines
etc but does not contain provisions of recalling allopathic drugs.

Coal Mines (Nationalisation) Act, 1973

Context: Recently, Competition Commission of India (CCI) said in the Supreme Court that Coal
Mines (Nationalisation) Act, 1973, does not relate to trade and commerce of coal, and thus does
not protect Coal India Ltd (CIL) from the competition laws.
● Section 54 of the Competition Act, 2002, provides for exemptions and the government has
exercised its power in two cases, but has not exempted Coal India from application of the
competition law.

About Coal Mines Nationalisation Act,1973

● It was enacted by the Indian Parliament, providing for the acquisition and transfer of the
right, title and interest of the owners in respect of coal mines specified in the Schedule.
● Objective: To ensure the rational, coordinated and scientific development and utilisation of
coal resources consistent with the growing requirements of the country.
● Under the Act, coal mining is exclusively reserved for the public sector.
● 1976 Amendment to the Act: Two exceptions to this policy were introduced, viz.
o captive mining by private companies engaged in the production of iron and steel;
o sub-lease for coal mining to private parties in isolated small pockets not amenable to
economic development and not requiring rail transport;
● 1993 Amendment to the Act: It allows private sector participation in captive coal mining for
generation of power, for washing of coal obtained from a mine or for other end uses to be
 notified by the Government from time to time in addition to the existing provision for the
production of iron and steel.

Pension reforms in India

Context: T V Somanathan Panel to review the pension system for government employees will
deliberate on whether any changes are required to the National Pension System, and suggest the
measures which will improve pensionary benefits for government employees while maintaining
fiscal prudence for the exchequer.

Related information:
● About Old Pension Scheme: Pension to government employees at the Centre as well as states
was fixed at 50 per cent of the last drawn basic pay.
o Only government employees are eligible for receiving a pension after retirement.
o Income under the old pension scheme doesn’t attract tax.
o It was described as a ‘Defined Benefit Scheme’, as it lay promise of an assured or ‘defined’
benefit to the retiree.
o Issues with OPS: As per research carried out in the early 2000s, India’s implicit pension
debt, owing to central (civil) employees, state government employees and the funding gap
of the employees’ pension scheme, was reaching unmanageable, unsustainable levels.
● About New Pension Scheme (NPS): It is an investment cum pension scheme. NPS
contributions are invested in securities like debt and equity instruments.
o It is a participatory scheme where employees contribute to their pension corpus from
their salaries, with matching contributions from the government.
o On retirement, 60% of the corpus which is tax free, is withdrawn while the remaining
40% is invested in annuities, which is taxed.
o It does not guarantee fixed pensions but provides high returns in the long term,
resulting in a significant lump sum and monthly pensions.

Drug Regulation in India

Context: Indian pharma companies have been under constant international scrutiny for exporting
allegedly contaminated drugs, which have led to deaths of children.

How drug regulation works in India

● The Indian drug system is mainly regulated under the ambit of the Drugs and Cosmetics Act of
1940, and by multiple ministries, including the Ministry of Health and Family Welfare.
● The Act and its corresponding rules allow the Centre and State to regulate different aspects of
the drugs ecosystem.

Main functions of the Central Government Main functions of State Governments

● Approval of new drugs. ● Licensing of manufacturing establishments

● Registration and control of imported and sale premises.
drugs. ● Undertaking inspections of such premises to
● Approvals for clinical trials. ensure compliance with licence conditions.
 ● Laying down standards for drugs,
cosmetics, diagnostics, and devices.
● Coordinating activities of the states.
● Drawing samples for testing and monitoring
of quality of drugs.
● Taking actions like suspension/cancellation
of licences, surveillance over sale of spurious
and adulterated drugs.

Key authorities under the Drugs and Cosmetics Act of 1940:

● Central Drugs Standard Control Organisation (CDSCO): The CDSCO is the regulatory body
responsible for the regulation and control of the import, manufacture, and sale of drugs in
India. It operates under the Ministry of Health and Family Welfare. However, it's not a
statutory body.
● Drug Controller General of India (DCGI): The DCGI is the head of the CDSCO and serves as
the principal regulatory authority for drugs in India. The DCGI is responsible for granting
licences for the import, manufacture, and sale of drugs, as well as monitoring their safety,
quality, and efficacy.
● Drug Technical Advisory Board (DTAB): The DTAB is an advisory body that provides
technical advice to the DCGI on matters related to drug regulation. It consists of experts
from various fields, including medicine, pharmacy, and toxicology.
● Drug Consultative Committee (DCC): The DCC is another advisory body that assists the
DCGI in formulating policies and regulations concerning drug control.
● State Drug Regulatory Authorities (SDRAs): which are statutory bodies created under the
Drugs and Cosmetics Act, 1940, regulate drug policies at the state level. Falling under the
ambit of the respective Health Departments of each state, SDRAs are tasked with limited
aspects of drug regulation.

Protection of Plants Varieties and Farmers Rights Act,2001

Context: The Delhi High Court has held that there was “no merit” in the appeal filed by PepsiCo
over the patent rights for its ‘unique potato’ variety.

What is Protection of Plant Varieties and Farmers Rights Act, 2001?

● Definition: The Act provides an effective framework to conserve and encourage the
development of various plant varieties.
● Grounds for Revocation: According to Section 34 of the PPV&FR Act, the protection granted
to a breeder may be revoked by the authority on the following grounds:
○ Grant of a registration certificate is based on incorrect information furnished by the
applicant;
○ Registration certificate was granted to an ineligible person;
○ When the breeder does not provide the registrar with the required documents;
○ A failure to provide an alternative denomination for variety registration in case the
earlier variety provided is not permissible for registration;
○ A failure of the breeder to provide the required seeds for compulsory licence;
○ Failure to comply with the acts, rules, regulations and directions issued by the Authority;
○ If the grant of the registration certificate is against public interest.

Rights Under the Act:

● Farmers’ Rights:
○ A farmer who has evolved or developed a new variety is entitled for registration
and protection in like manner as a breeder of a variety;
 ○ Farmers variety can also be registered as an extant variety;
○ A farmer can save, use, sow, re-sow, exchange, share or sell his farm produce
including seed of a variety protected under the PPV&FR Act, 2001;
○ Farmers are eligible for recognition and rewards for the conservation of Plant
Genetic Resources of land races and wild relatives of economic plants;
○ There is also a provision for compensation to the farmers for non-performance of
variety under Section 39 (2) of the Act, 2001;
○ Farmers shall not be liable to pay any fee in any proceeding before the Authority
or Registrar or the Tribunal or the High Court under the Act.
● Breeders’ Rights
○ Breeders will have exclusive rights to produce, sell, market, distribute, import or
export the protected variety. Breeders can appoint agents/ licensees and may
exercise for civil remedy in case of infringement of rights.
● Researchers’ Rights
○ Researchers can use any of the registered varieties under the Act for conducting
experiment or research. This includes the use of a variety as an initial source of
variety for the purpose of developing another variety but repeated use needs
prior permission of the registered breeder.
● Rights of Community
○ It is compensation to village or local communities for their significant contribution
in the evolution of variety which has been registered under the Act.
○ Any person/group of persons/governmental or non-governmental organisation,
on behalf of any village/local community in India, can file in any notified centre,
claim for contribution in the evolution of any variety.

Defence Acquisition Council

Context: The Defence Acquisition Council has recently approved procurement of 12 Su-30MKI jets
for the Indian Air Force (IAF).

About Defence Acquisition Council

● The Defence Acquisition Council is the highest decision-making body in the defence ministry
for deciding on new policies and capital acquisitions for the three services and the Indian
Coast Guard.
● Aim: To ensure expeditious procurement of the approved requirements of the armed forces.
● Composition:
o Chairman: The Defence minister is the chairman of DAC.
o Members: Its members include the Chief of Defence Staff (CDS) and chiefs of the Army,
Navy, and Air Force.
● Functions:
o Accord of acceptance of necessity to acquisition proposals.
o Categorization of the acquisition proposals relating to ‘Buy’, ‘Buy & Make’, and ‘Make’.
o Look into issues relating to single vendor clearance.
o Take decisions regarding ‘offset’ provisions in respect of acquisition proposals above Rs
300 crore.
o Take decisions regarding the Transfer of Technology under the ‘Buy & Make’ category of
acquisition proposals.
o Field trial evaluation.
Abortion laws in India
Context: The Supreme Court denied a 26-week pregnant woman's plea for abortion despite her
citing physical, emotional, and financial reasons.

The Medical Termination of Pregnancy (MTP) Act of 1971

● Origins and Purpose: Before the MTP Act of 1971, abortion was primarily governed by the
Indian Penal Code, which often criminalised abortions.
o The MTP Act aimed to decriminalise abortion in defined circumstances and under medical
supervision.
● Gestation Limits: Under the 1971 law, pregnancies could be terminated if they did not exceed
20 weeks.
o Abortion required one doctor's approval if performed within 12 weeks of conception and
two doctors' approval if performed between 12 and 20 weeks.
● Grounds for Abortion: Abortion was permitted under specific conditions, including
✔ when the pregnancy posed a risk to the woman's life.
✔ Revealed foetal abnormalities.
✔ Threatened the woman's mental or physical health.

The 2021 Amendment to the MTP Act

● Necessity of Amendment: The 1971 law failed to keep pace with changing times and medical
advancements, leading to women approaching courts to seek permission for abortions beyond
the 20-week limit.
● Key Changes: The 2021 amendment extended the abortion limit to 20 weeks, with the opinion
of a single registered medical practitioner.
✔ It allowed abortion up to 24 weeks for certain categories of women, such as rape
survivors, incest victims and others.
✔ Importantly, it replaced "any married woman or her husband" with "any woman or her
partner," broadening the scope of who could access legal abortion.

National Judicial Data Grid (NJDG)

Context: The Chief Justice of India has announced the onboarding of the Supreme Court on the
National Judicial Data Grid (NJDG)

About NJDG
● NJDG is a database of orders, judgments and case details of 18,735 District and subordinate
Courts and High Courts created as an online platform under the eCourts Project.
● It is developed by National Informatics Centre (NIC) in close coordination with the in-house
software development team of the Computer Cell, Registry of the Supreme Court with an
interactive interface and analytics dashboard.
● Data is updated in real-time and has granular data up to the Taluka level.
● Case data is available on NJDG for both civil and criminal cases.
● It provides data relating to judicial proceedings/decisions of all computerised district and
subordinate courts of the country.
● All High Courts have joined the National Judicial Data Grid (NJDG) through web services,
providing easy access facility to the litigant public.
National Payments Corporation of India (NPCI)
About NPCI
● It is an umbrella organisation for operating retail payments and settlement systems in
India. It is an initiative of the Reserve Bank of India (RBI) and the Indian Banks’ Association
(IBA) under the provisions of the Payment and Settlement Systems Act, 2007, to create a
robust Payment & Settlement Infrastructure in India.
● It has been incorporated as a “Not for Profit” Company under the provisions of Section 25
of the Companies Act 1956 (now Section 8 of the Companies Act 2013).
● NPCI is promoted by ten major banks, including the State Bank of India, Punjab National
Bank, Citibank, Bank of Baroda, and HSBC.
● The regulatory board of the NPCI, headquartered in Mumbai, includes nominees from the
RBI along with nominees from ten core promoter banks.
● Payment systems that the NPCI can operate include National Financial Switch (NFS),
Immediate Payment System (IMPS), Aadhaar-enabled Payments System (AEPS) and
National Automated Clearing House (NACH).

Border Roads Organisation (BRO)

Context: The National Green Tribunal has directed the Border Roads Organisation to plant at least
10,000 trees within a month in Uttarakhand as part of compensatory tree plantation to make up
for hundreds of trees felled during construction of a road from Simli to Gwaldam.

The Border Roads Organisation (BRO) is a road construction executive force in India that provides
support to and is a part of the Indian Armed Forces. It was formed on 7 May 1960.
BRO is staffed by Officers and Troops drawn from the Indian Army's Corps of Engineers on extra
regimental employment (on deputation).
● It secures India's borders and develops infrastructure in remote areas of the north and
north-east states of the country. BRO is instrumental in significantly upgrading and
building new India-China Border Roads.
● The BRO undertakes projects in India and friendly countries.
● The executive head of the BRO is the DGBR who holds the rank of Lieutenant General.

Border Roads Development Board (BRDB): To ensure coordination and expeditious execution of
projects, the Government of India set up the Border Roads Development Board (BRDB) with the
Prime Minister as Chairman of the Board and Defence Minister as Deputy Chairman.

Narcotics Control Bureau (NCB)

Context: The Narcotics Control Bureau (NCB) has arrested the country’s first ‘darknet’ narcotics
operative under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Darknet: It refers to the hidden internet platform used for narcotics sale, exchange of
pornographic content and other illegal activities by using the secret alleys of the onion router
(ToR- a free and open-source software for enabling anonymous communication) to stay away
from the surveillance of law enforcement agencies.

About NCB
● Narcotics Control Bureau is the drug law enforcement and intelligence agency of India
responsible for fighting drug trafficking and the abuse of illegal substances.
 ● It was constituted by the Government of India in 1986 under the Narcotic Drugs and
Psychotropic Substances Act, 1985.
● It is the apex coordinating agency under the Ministry of Home Affairs, Headed by the
Narcotics Commissioner (NC) & assisted by three Deputy Narcotics Commissioners (DNCs).
● Article-47: It directs the State to endeavour to bring about prohibition of the
consumption, except for medicinal purposes, of intoxicating drugs injurious to health. The
National Policy on Narcotic Drugs and Psychotropic Substances is based on this Article.

National Assessment and Accreditation Council (NAAC)

Context: G. Kannabiran, former Director in-charge of the National Institute of Technology, Tiruchi,
has been appointed Director of the National Assessment and Accreditation Council (NAAC).

National Assessment and Accreditation Council (NAAC) was established in 1994 as an autonomous
institution of the University Grants Commission (UGC), Headquartered in Bengaluru. It conducts
assessment and accreditation of Higher Educational Institutions (HEI) such as colleges,
universities or other recognised institutions to derive an understanding of the ‘Quality Status’ of
the institution.
Process:
● Following a multi-layered assessment process, it awards grades to colleges and
universities.
● Its parameters include curriculum, faculty, infrastructure, research and financial well-
being.
● The grades issued by NAAC range from A++ to C. If an institution is graded D, it means it is
not accredited.
Composition: The NAAC functions through its General Council (GC) and Executive Committee (EC)
comprising educational administrators, policy makers and senior academicians from a cross-
section of the Indian higher education system.
● The Chairperson of the UGC is the President of the GC of the NAAC.

IT Amendment Rules 2023

Context: The Bombay High Court expressed concerns about the distinction between online and
print media under the IT (Intermediary Guidelines and Digital Media Ethics Code)
Amendment Rules, 2023. The court has reserved its verdict until December 2023.

Key provisions of the amendment rules:

● Appointment of Fact-check Unit: The Central Government will allow a fact-check body
appointed by it to label online content related to the Union Government as “fake” or
“misleading”.
● Removal of Fake Content: If any piece of information is marked as fake by the upcoming
fact check unit, online intermediaries will be required to take it down. Internet service
providers will have to block URLs of such content.
● If online intermediaries fail to remove such content, they would risk losing their safe
harbour, which protects them from litigation against third-party content.
● Online intermediaries and internet service providers should make “reasonable efforts” to
not host content related to the Central Government that is “identified as fake or
misleading” by the fact check unit.
 ● Framework on Online Gaming: Online intermediaries should make reasonable efforts to
not host, publish or share any online game that can cause the user harm, or that has not
been permitted by an online gaming self-regulatory body designated by the Central
Government.

National Organ and Tissue Transplant Organisation (NOTTO)

Context: The National Organ and Tissue Transplant Organisation (NOTTO) has issued a warning
against private websites and social media posts promoting and offering organs for trade.

National Organ and Tissue Transplant Organization (NOTTO) is a national level organisation set up
under the Directorate General of Health Services, Ministry of Health and Family Welfare,
Government of India.
● National Network division of NOTTO functions as apex centre for:
o All India activities of coordination and networking for procurement and distribution of
Organs and Tissues and
o Registry of Organs and Tissues Donation and Transplantation in the country.
● Divisions: NOTTO has two divisions:
o National Human Organ and Tissue Removal and Storage Network: This has been
mandated as per the Transplantation of Human Organs (Amendment) Act 2011.
▪ It is the nodal networking agency for Delhi and shall network for Procurement
Allocation and Distribution of Organs and Tissues in Delhi.
o National Biomaterial Centre: The Transplantation of Human Organs (Amendment) Act
2011 has included the component of tissue donation and registration of tissue Banks.
▪ The main aim of establishing this centre is to fill up the gap between ‘Demand’ and
‘Supply’ as well as ‘Quality Assurance’ in the availability of various tissues.

National Consumer Disputes Redressal Commission (NCDRC)

Context: A West Delhi-based hospital has been fined by the National Consumer Disputes Redressal
Commission (NCDRC) for negligence and unethical practices in vitro fertilisation procedure (IVF).

● It is a quasi-judicial commission in India which was set up in 1988 under the Consumer
Protection Act of 1986. The objective of the Commission as well as the respective state
commissions and district fora is to provide speedy, economical and summary resolution
of consumer complaints or disputes.
● The Commission is headed by a sitting or a retired Judge of the Supreme Court of India or
a sitting or a retired Chief Justice of a High Court. (HQ- Delhi)

Competition Commission of India (CCI)

Context: The Supreme Court has been hearing Coal India Ltd’s appeal against the Competition
Commission of India which had imposed a penalty of ₹591 crore on it.

● The Competition Commission of India (CCI) is a statutory body.

● It was established in 2009 by Government of India under the Competition Act, 2002 for the
administration, implementation, and enforcement of the Act.
● CCI is a quasi-judicial body.
● Composition: CCI consists of a Chairperson and 6 Members appointed by the Central
Government.
● It should be noted that on the recommendations of Raghavan committee, the Monopolies
and Restrictive Trade Practices Act, 1969 (MRTP Act) was repealed and replaced by
the Competition Act, 2002.

Indian Computer Emergency Response Team (CERT-in)

Context: No CERT-in update yet on CoWIN data leak; experts demand transparency

It is the national nodal agency for responding to computer security incidents as and when they
occur. It comes under the Ministry of Information & Electronics Technology (Meity) and has been
operational since January 2004.
Functions:
● Collection, analysis and dissemination of information on cyber incidents;
● Forecast and alerts of cyber security incidents;
● Emergency measures for handling cyber security incidents;
● Coordination of cyber incident response activities;
● Issue guidelines, advisories, vulnerability notes and whitepapers relating to information
security practices, procedures, prevention, response and reporting of cyber incidents;

Budapest Convention on Cybercrime: It is the first international treaty that seeks to address
Internet and cybercrime by harmonising national laws, improving investigative techniques and
increasing cooperation among nations.It came into force in 2004. India is not a signatory to this
convention.

Indian Cyber Crime Coordination Centre(I4C): It was established in 2018 to combat cybercrime in
India in a comprehensive and coordinated manner. It functions under the Ministry of Home
Affairs.

Public Safety Act

Context: The Jammu and Kashmir High Court has quashed the detention of journalist under the
Public Safety Act (PSA).

This law was introduced in 1978. It is a preventive detention law that allows the State
government to detain a person above the age of 16 up to two years without a trial.
● Within four weeks of passing the detention order, the government has to refer the case to
an Advisory Board
● Detention orders under PSA can be issued by Divisional Commissioners or District
Magistrates.
● PSA allows the State to hold a person without producing them in court.
● When a person is arrested under the PSA, they do not have legal rights before the
Advisory Board to prove that their detention is illegal.
● According to Section 13(2), the detaining authority need not even inform the detained
individual as to the reason for the action.
Central Vigilance Commission (CVC)
Context: P K Srivastava has been sworn-in as the Central Vigilance Commissioner (CVC).

Multi-member statutory body created in 1964 to address governmental corruption. Initially

created through a resolution, it gained statutory status in 2003 after passing of the CVC bill. Its
creation was recommended by a committee headed by K Santhanam.
● Structure: CVC consists of a Central Vigilance Commissioner and Two Vigilance
Commissioners.
● Appointment: The commissioners are appointed by the President based on recommendation
of a Committee consisting of the Prime Minister (Chairperson), the Minister of Home
Affairs (Member) and the Leader of the Opposition in the Lok Sabha.
● Tenure: Their tenure is 4 years or 65 years of age (whichever is earlier). They are not eligible
for further employment under central or state government after retirement.
● Removal: The member of the CVC can be removed by order of the President on the ground of
proved misbehaviour or incapacity based on a recommendation of the Supreme Court.
● CVC is Chairperson of the Committee recommending names for ED Director.

Prevention of Money Laundering Act (PMLA)

Context: ED confiscates Properties of accused under PMLA Act

The Anti-Money laundering legislation was passed by the government in 2002 and came into
force on July 1, 2005.
Money Laundering is the process of converting black money into white money. It involves the
process of hiding the source of money obtained from illegal sources and converting it into clean
money (thereby making it appear to have come from a legitimate source).

Enforcement Directorate (ED)

It is a multi-disciplinary organisation mandated with investigation of economic crimes and
violations of foreign exchange laws. It is an executive agency under the Department of Revenue,
Ministry of Finance (GoI).
● Role of ED in relation to PMLA, 2002: The ED has been given responsibility to enforce the
provisions of the PMLA by conducting investigation.
o To trace the assets derived from proceeds of crime,
o To provisionally attach the property, and
o To ensure prosecution of offenders and confiscation of property by the Special Court.
● Functions of ED: It enforces provisions of following laws
o The Foreign Exchange Management Act, 1999
o The Prevention of Money Laundering Act, 2002
o The Fugitive Economic Offenders Act, 2018

ECIR: Enforcement Case Information Report, not necessary for ED to supply it to the Accused.

NCLAT
Context: Air Carrier Go First recently filed for voluntary insolvency at the National Company Law
Tribunal. It has also suspended its flights
● Voluntary insolvency means that the company has accepted its business is insolvent. It is a
process in which the company says it cannot pay debts and needs help from someone to sort
it out.
● When the company goes insolvent, it can proceed to voluntary liquidation. It is a time-bound
process which needs to be completed in 270 days from the date of commencement of
Voluntary Liquidation.

National Company Law Appellate Tribunal (NCLAT)?

It was constituted under Section 410 of the Companies Act, 2013 for hearing appeals against the
orders of the National Company Law Tribunal(s) (NCLT), with effect from 1st June 2016. It’s
decisions can be challenged in the Supreme Court on a point of law.

Functions:
● Hearing appeals against the orders passed by NCLT(s) under Section 61 of the Insolvency
and Bankruptcy Code, 2016 (IBC).
● To hear and dispose of appeals against any direction issued or decision made or order
passed by the Competition Commission of India (CCI).
● It also hears and disposes of appeals against the orders of the National Financial
Reporting Authority.
National Company Law Tribunal (NCLT)
NCLT is a quasi-judicial authority incorporated for dealing with corporate disputes that are of civil
nature arising under the Companies Act. The Central Government constituted NCLT under section
408 of the Companies Act. It was formed based on the recommendation of the Balakrishna Eradi
committee on law relating to the insolvency and the winding up of companies.

Unlawful Activities Prevention Act (UAPA)

Context: A three-judge bench of the Supreme Court has held that mere membership of a banned
association is sufficient to constitute an offence under the Unlawful Activities (Prevention) Act,
1967. This is a severe blow to principles of fundamental justice.

Important Facts for Prelims:

● UAPA was passed in 1967. It aims at the effective prevention of unlawful activities
associations in India. Unlawful activity refers to any action taken by an individual or
association intended to disrupt the territorial integrity and sovereignty of India.
● Section 3 of UAPA empowers the central government to declare an association as unlawful if
it believes that the association is involved in unlawful activities that threaten the sovereignty,
unity, and integrity of India.
● Section 15 of the UAPA defines “terrorist act” and is punishable with imprisonment for a
term of at least five years to life. In case the terrorist act results in death, the punishment is
death or imprisonment for life.
● The Act assigns absolute power to the central government, by way of which if the Centre
deems an activity as unlawful then it may, by way of an Official Gazette, declare it so.
● Under UAPA, both Indian and foreign nationals can be charged. It will be applicable to the
offenders in the same manner, even if the crime is committed in a foreign land, outside India.
● Under the UAPA, the investigating agency can file a charge sheet in maximum of 180 days
after the arrests and the duration can be extended further after intimating the court. (in
normal cases time to file chargesheet is 60-90 days)

National Investigation Agency (NIA)

● The NIA is the Central Counter-Terrorism Law Enforcement Agency of India constituted under
the National Investigation Agency (NIA) Act, 2008, after the 26/11 Mumbai terror attack.
● It functions under the aegis of the Ministry of Home Affairs. (HQ- New Delhi)
● The agency is empowered to deal with the investigation of terror-related crimes across states
under written proclamation from the Ministry of Home Affairs without special permission
from the states.

Insurance Regulatory and Development Authority of India (IRDAI)

Context: The Insurance Regulatory and Development Authority of India (IRDAI) has lifted limits on
the payment of commissions to insurance intermediaries.

Insurance Intermediaries: These include corporate agents, insurance brokers, web aggregators,
insurance marketing firms and a common public service centre.
Commissions are the compensation paid to and received by an insurance agent from an insurer
for soliciting and procuring an insurance policy.

About IRDAI
● The Insurance Regulatory and Development Authority of India (IRDAI) is an autonomous and
statutory body, under the jurisdiction of the Ministry of Finance.
● IRDAI is a 10-member body with a chairman, five full-time members and four part-time
members.It was constituted under an Act of Parliament in 1999 and the agency’s
headquarters is in Hyderabad.

GST Appellate Tribunal (GSTAT)

Context: The Goods and Services Tax (GST) Council, in its 49th meeting, has approved the creation
of the GST Appellate Tribunal.

● Section (109) of the Goods and Service Tax Act, 2017 (CGST Act) empowers the Union
Government to constitute a GSTAT and its Benches.
● It is a specialised authority to resolve disputes related to GST laws at the appellate level.
● The GST Tribunal will have one principal bench in New Delhi and as many benches or boards in
States as decided by each State, subject to approval of the Council.
● Members: The bench shall have two judicial members and two technical members, with a
senior judicial member of the State High Court in the selection panel. For a particular State
bench, all judicial and technical members will be from that State.The CGST Act provides for a
member’s tenure to last four years with a provision of a two-year extension.

National Commission for Protection of Child Rights (NCPCR)

Context: The National Commission for Protection of Child Rights celebrated its 18th Foundation
Day

Important facts for Prelims

● NCPCR is a statutory body established under the Commission for Protection of Child
Rights (CPCR) Act, 2005.
● It is under the administrative control of the Ministry of Women and Child Development.
● Under the act, a Child is defined as a person in the 0 to 18 years age group
● This commission has a chairperson and six members of which at least two should be
women. All of them are appointed by the Central Government for 3 years.
 ● The maximum age to serve in the commission is 65 years for Chairman and 60 years for
members. (Current Chairman- Priyank Kanungo)
● The Chairman and the members are prohibited to hold office for more than two terms.
● Initiatives of commission to protect children- GHAR, MASI portal, Bal Swaraj portal.
● NCPCR also monitors effective implementation of:
○ Protection of Children from Sexual Offences (POCSO) Act, 2012;
○ Juvenile Justice (Care and Protection of Children) Act, 2015;
○ Right to Free and Compulsory Education (RTE) Act, 2009.

Proposed policy on Online Gaming

Context:Ministry of Electronics and IT (MeitY) has released Draft amendments to the IT
(Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021 in relation to online gaming.

Important Facts related to Prelims

● The Ministry of Electronics and IT (MeitY) is the nodal ministry for online gaming related
concerns.
● Regulatory Framework for online gaming –
○ Currently absent in India.
○ There is no comprehensive legislation covering regulation of online gaming.
● Jurisdiction –
○ “Betting and gambling” is a State Subject (entry 34 in the state list) under the 7th
schedule of the constitution.
○ So, the legislations related to this subject varies across the country.
● Coverage of online gaming –
○ Online games that have an element of betting or gambling are covered under the
above-mentioned subject – “Betting and gambling”.
● Gaming Vs Betting –
○ In Public Prosecutor Vs Verajlal Sheth, 1944 Madras High Court clarified that
gaming involves skills while betting involves winning or losing a stake depending
solely on the occurrence of an uncertain event.
○ R. M. D. Chamarbaugwalla Vs Union of India, 1957 Supreme Court, in this case,
held that in any game, if the element of skill is dominant over the element of
chance, then it is a game of skill and cannot be construed as gambling.

● Game of Skill vs Game of Chance

A game of skill is one that requires a player to employ his/her skill and strength, physical
or mental, to win. It doesn’t depend on luck alone. E.g. Horse racing
A game of chance is one in which a player emerging victorious is only a matter of luck.
Here, the player has the same chance of winning the game, irrespective of his/ her skill or
experience. As these games don’t need any technical knowledge, these are easier to play
than games of skill. E.g. Lottery

● Potential of Gaming Industry: Revenue of the Indian mobile gaming industry is expected
to exceed $1.5 billion in 2022 and is estimated to reach $5 billion in 2025. The industry
grew at a CAGR (compound annual growth rate) of 38 per cent in India between 2017-
2020, as opposed to 8 per cent in China and 10 per cent in the US.It is expected to grow at
a CAGR of 15 per cent to reach Rs 153 billion in revenue by 2024.

Highlights of Draft Rules

● Definition: Online game is a game that is offered on the Internet and is accessible by a user
through a computer resource if he makes a deposit with the expectation of earning winnings.
● Games of Skill: It allows only “games of skill" to operate legally in India.
o Games of skill have been defined through various court rulings in India and include games
like rummy and the Dream11 model of online fantasy sports.
● Coverage: Law will cover games involving real money or a deposit of any value, and the rules
go on to clarify that this will not cover activity that can be classified under gambling laws,
which falls under states’ purview.
● Self-regulatory mechanism: Self-regulatory bodies will be registered with the ministry.
o Composition of self-regulatory body: It will have a board of directors with five members
from diverse fields including online gaming, public policy, IT, psychology and medicine.
o All online gaming companies will have to register with the self-regulatory body that will
decide on the action required to be taken as per the rules.
o Body will resolve complaints through a grievance redressal mechanism.

Fantasy sports
SC in Varun Gumber Case (2017), Gurdeep Singh Sachar case (2019), and Avinash Mehrotra Vs
State of Rajasthan (2021) has held that fantasy sports (ex- Dream11, My11 Circle, etc.) are games
of skill.

Electronic Supreme Court Reports (e-SCR)

Context: In a step towards digitization, the Chief Justice of India announced the launch of the
electronic Supreme Court Reports (e-SCR) project to provide free access to its judgements to
lawyers, law students and the common public.

● The e-SCR project is an initiative to provide a digital version of the Supreme Court Judgements
in the manner as they are reported in the official law report - 'Supreme Court Reports'.
E-Courts project:
● The primary objective of the e-Courts Project is to create a unified platform for the
judiciary, enabling the courts to become more efficient, transparent, and accessible. The
project aims to reduce the backlog of cases and improve access to justice for citizens,
especially those living in remote and inaccessible areas.
● It involves creation of a comprehensive case information system, which includes
digitization of case records, automation of workflow processes, and the use of
videoconferencing technology for remote hearings.
● The project also includes the installation of computer hardware and software, training of
judges and court staff, and the establishment of a reliable communication network.
● The e-Courts Project is being implemented by the Ministry of Law and Justice in
collaboration with the Department of Electronics and Information Technology.