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5070 Manthan2.0AUGUST-2023 WEEK-3
5070 Manthan2.0AUGUST-2023 WEEK-3
5070 Manthan2.0AUGUST-2023 WEEK-3
O
AUGUST 2023 : WEEK-3
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Manthan 2.O | August 2023 : Week-3
Contents
1. Overhauling IPC, CrPC, Evidence Act .......................................................................................................................... 3
6. Katchatheevu: Why the tiny, uninhabited island remains a hot-button political issue in TN ..... 20
7. RICO: What is Georgia’s MCOCA-like anti-mafia law under which Trump has been charged? ... 25
8. Geographical Indications tags to seven products from different regions of India ............................ 30
10. Supreme Court unveils handbook to curb stereotypes based on gender .............................................. 39
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1. Overhauling IPC, CrPC, Evidence Act
Recently, the Union Home Minister Amit Shah introduced three bills in the Lok Sabha that aim to
repeal and replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the
Indian Evidence Act, which were enacted during the British rule in India. The three bills are:
The Bharatiya Nyay Sanhita Bill, 2023, which will replace the IPC, 1860
The Bhartiya Nagrik Suraksha Sanhita Bill, 2023, which will replace the CrPC, 1898s
The Bharatiya Sakshya Bill, 2023, which will replace the Evidence Act, 1872
What is the Background?
The Ministry of Home Affairs in 2020 had constituted a committee to review the three codes of
criminal law. It was headed by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law
University (NLU), Delhi. The mandate of the committee was to ‗recommend reforms in the criminal
laws of the country in a principled, effective and efficient manner.
Indian Penal Code (IPC)
The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code
intended to cover all substantive aspects of criminal law. The code was drafted on the
recommendations of first law commission of India established in 1834 under the Charter Act of
1833 under the chairmanship of Thomas Babington Macaulay. It was drafted in 1860 in the wake
of the first law commission established in 1834 under the Charter Act of 1833. It came into force in
India during the British rule on 1 January1862. However, it did not apply automatically in the Princely
states, which had their own courts and legal systems until the 1940s. The code has since been amended
several times and is now supplemented by other criminal provisions. The code came into force in
Jammu and Kashmir on 31 October 2019, by virtue of the Jammu and Kashmir Reorganisation
Act, 2019, and replaced the state‘s Ranbir Penal Code.
After the partition of India, the Indian Penal Code was inherited by India and Pakistan, where it
continues independently as the Indian Penal Code and Pakistan Penal Code. After the
independence of Bangladesh from Pakistan, the code continued in force there. The code was also
adopted by the British colonial authorities in Colonial Burma, Ceylon (modern Sri Lanka), the Straits
Settlements (now part of Malaysia), Singapore and Brunei, and remains the basis of the criminal codes
in those countries. As of 16 August 2023, the IPC will be replaced by the Bharatiya Nyaya Sanhita
(BNS).
What are the Main Features of the Bharatiya Nyay Sanhita Bill, 2023?
The bill defines terrorism and offenses such as separatism, armed rebellion against the
government, challenging the sovereignty of the country, which were earlier mentioned under
different provisions of law.
It repeals the offense of sedition, which was widely criticized as a colonial relic that curbed free
speech and dissent.
It prescribes capital punishment as the maximum sentence for mob lynching, which has been a
menace in recent years.
It proposes 10 years imprisonment for sexual intercourse with women on false promise of marriage,
which is a common form of deception and exploitation.
The bill introduces community service as a form of punishment for specific crimes, which can help
in reforming offenders and reducing overcrowding in prisons.
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The bill fixes a maximum limit of 180 days to file a charge sheet, which can speed up the trial
process and prevent indefinite delays.
The Code of Criminal Procedure
The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main
legislation on procedure for administration of substantive criminal law in India. It was enacted in
1973 and came into force on 1 April 1974. Code of Criminal Procedure (CrPC) provides procedures
for administering criminal law in India. The CrPC was created for the first time ever in 1882 and
then amended in 1898, then according to the 41st Law Commission report in 1973.
It provides the machinery for the investigation of crime, apprehension of suspected criminals,
collection of evidence, determination of guilt or innocence of the accused person and the
determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and
maintenance of wife, child and parents.
At present, the act contains 484 sections [3] 2 schedules and 56 forms. The sections are divided into
37 chapters. As of 11 August 2023, the CrPC will be replaced by the Bharatiya Nagarik Suraksha
Sanhita (BNSS).
What are the Main Features of the Bhartiya Nagrik Suraksha Sanhita Bill, 2023?
It promotes the use of technology for trials, appeals, and recording depositions, allowing video-
conferencing for proceedings.
The bill makes video-recording of statement of survivors of sexual violence compulsory, which can
help in preserving evidence and preventing coercion or manipulation.
The bill mandates that police must inform about the status of a complaint in 90 days, which can
enhance accountability and transparency.
Section 41A of the CrPC will be renumbered as Section 35. This change includes an added safeguard,
stipulating that no arrest can be made without prior approval from an officer at least at the rank
of Deputy Superintendent of Police (DSP), especially for offenses punishable by less than 3 years
or for individuals above 60 years.
The bill requires that police consult the victim before withdrawing a case punishable by seven
years or more, which can ensure that justice is not compromised or denied.
It allows absconding criminals to be tried in-absentia by court and sentenced too, which can deter
fugitives from escaping justice.
It empowers magistrates to take cognizance of offenses based on electronic records such as emails,
SMSs, WhatsApp messages etc., which can facilitate evidence collection and verification. Mercy
petitions in death sentence cases to be filed within 30 days to the Governor and within 60 days to
the President. No appeal shall lie against the President‘s decision in any court.
Indian Evidence Act, 1872
The Indian Evidence Act, 1872 originally passed in India by the Imperial Legislative Council in
1872 and it came into force 1 September 1872, during the British Raj, contains a set of rules and
allied issues governing admissibility of evidence in the Indian courts of law.
The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure
introduced in India, which changed the entire system of concepts pertaining to admissibility of
evidences in the Indian courts of law. Until then, the rules of evidences were based on the traditional
legal systems of different social groups and communities of India and were different for different people
depending on caste, community, faith and social position. The Indian Evidence Act introduced a
standard set of law applicable to all Indians. The law is mainly based upon the firm work by Sir
James Fitzjames Stephen, who could be called the founding father of this comprehensive piece of
legislation.
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What are the Main Features of Bharatiya Sakshya Bill, 2023?
The bill defines electronic evidence as any information generated or transmitted by any device or
system that is capable of being stored or retrieved by any means. It lays down specific criteria for
admissibility of electronic evidence such as authenticity, integrity, reliability etc., which can prevent
misuse or tampering of digital data.
It provides for special provisions for admissibility of DNA evidence such as consent, chain of
custody etc., which can enhance accuracy and reliability of biological evidence. It recognises expert
opinion as a form of evidence such as medical opinion, handwriting analysis etc., which can assist in
establishing facts or circumstances relevant to a case.
It introduces the presumption of innocence as a fundamental principle of criminal justice system,
which means that every person accused of an offence is presumed to be innocent until proven guilty
beyond reasonable doubt.
Know more about Law Commission of India
The Law Commission of India is an executive body established by an order of the Government of
India. The commission‘s function is to research and advise the government on legal reform, and is
composed of legal experts, and headed by a retired judge. The commission is established for a fixed
tenure and works as an advisory body to the Ministry of Law and Justice.
The first Law Commission was established during colonial rule in India by the East India
Company under the Charter Act of 1833 and was presided by Lord Macaulay. After that, three more
commissions were established in pre-independent India. The first Law Commission of independent
India was established in 1955 for a three-year term. The first Law Commission in India was formed
in 1955 with its chairman being the then Attorney-General of India, M. C. Setalvad. Since then,
twenty-one more commissions have been established. The 21st chairman of the Law Commission was
retired Supreme Court judge Justice B.S. Chauhan, who completed his tenure on 31 August 2018.
On November 7, 2022, Justice Rituraj Awasthi (Former Chief Justice of Karnataka HC) was
appointed as the chairperson of the 22nd Law Commission and Justice KT Sankaran,
Prof.(DR.)Anand Paliwal, Prof. DP Verma, Prof.(Dr) Raka Arya and Shri M. Karunanithi as members of
the commission.
QUESTIONS
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The first practical and still most widely used AI programming language is the functional language
List processor (LISP) developed by John McCarthy in the late 1950s. LISP is a computer
programming language with a long history and a distinctive, fully parenthesized prefix notation. 5 First
conceived in 1958. It became the programming language of choice for AI research.
Machine Learning: Machine Learning (ML) is a subset of AI that focuses on developing algorithms
and techniques that enable computers to learn from and make predictions or decisions based on data.
Neural Networks: Neural networks are a key component of AI and ML. They are inspired by the
structure and function of the human brain, composed of interconnected nodes (neurons) that process and
transmit information.
Deep Learning: Deep Learning is a subfield of ML that involves complex neural networks with
multiple layers. It has enabled significant breakthroughs in areas like image and speech recognition.
Natural Language Processing (NLP): NLP enables computers to understand, interpret, and generate
human language. It‘s the technology behind chatbots, language translation, and sentiment analysis.
Robotics: AI plays a crucial role in robotics, enabling robots to perform tasks autonomously or with
human guidance. Robots are used in various industries, including manufacturing, healthcare, and space
exploration.
Autonomous Vehicles: AI powers self-driving cars and other autonomous vehicles. These vehicles use
sensors, cameras, and AI algorithms to navigate and make real-time decisions on the road.
AI in Healthcare: AI is being used for diagnosing diseases, analyzing medical images, drug discovery,
and personalized treatment plans. It‘s helping improve patient care and outcomes.
AI in Entertainment: AI is used to create realistic graphics in video games, compose music, and even
generate scripts. Virtual characters and avatars are becoming more lifelike with AI-driven animation.
Ethical Concerns: The advancement of AI has raised ethical questions about its impact on jobs,
privacy, bias in algorithms, and the potential for AI systems to make decisions that could harm
humanity.
Turing Test: The Turing Test, proposed by Alan Turing in 1950, is a measure of a machine‘s
ability to exhibit intelligent behavior indistinguishable from that of a human. The Turing Test is a
test of a machine‘s ability to exhibit intelligent behavior that is indistinguishable from that of a human.
AI Assistants: Virtual assistants like Siri, Google Assistant, and Alexa use AI to understand and
respond to voice commands, helping users with tasks, inquiries, and information.
Data Dependency: AI systems require large amounts of data for training and improving their
performance. High-quality, diverse data is crucial for accurate AI outcomes.
AI Ethics and Bias: Ensuring that AI systems are unbiased and make ethical decisions is a growing
concern. Biases present in training data can lead to unfair outcomes.
AI in Finance: AI is used for algorithmic trading, fraud detection, credit scoring, and risk assessment in
the financial industry.
Quantum AI: The intersection of quantum computing and AI, known as quantum AI, holds potential
for solving complex problems that are currently beyond the capabilities of classical computers.
AI in Agriculture: AI is being used for precision agriculture, where drones and sensors collect data to
optimize crop management and reduce resource wastage.
AI Art: AI-generated art, music, and literature are emerging fields where algorithms create original and
creative works.
AI and Space Exploration: AI is used in space missions to analyze data, control spacecraft, and make
autonomous decisions in remote and challenging environments.
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AI in Education: AI-powered educational tools offer personalized learning experiences, adapt content to
individual needs, and assist educators in improving teaching methods.
What are India‘s Initiatives for Generative AI?
Launching the Generative AI Report: INDIAai, the Government of India‘s National AI Portal,
conducted numerous studies and hosted three roundtable discussions with some of the most prominent
voices in Generative AI, AI Policy, AI Governance and Ethics, and academia to examine the impact,
ethical and regulatory questions, and opportunities it brings to India.
Joining the Global Partnership on Artificial Intelligence (GPAI): In 2020, India joined forces with
15 other countries to form the GPAI. The purpose of this alliance is to establish frameworks for the
responsible utilization of emerging technologies.
Fostering an AI ecosystem within the country: The Indian government has been dedicated to fostering
an AI ecosystem within the country by investing in research and development, supporting startups and
innovation hubs, creating AI policies and strategies, and promoting AI education and skilling.
National Strategy for Artificial Intelligence: The Government has published the National Strategy for
Artificial Intelligence with the objective of developing an ecosystem for the research and adoption of
Artificial Intelligence.
National Mission on Interdisciplinary Cyber-Physical Systems: Under this Mission, Technology
Innovation Hubs (TIH) has been established on Artificial Intelligence and Machine Learning at the
Indian Institute of Technology (IIT) Kharagpur, which aims to provide the state-of-the-art training and
capacity building for the creation of next-generation scientists, engineers, technicians, and technocrats in
the field of Artificial Intelligence.
Artificial Intelligence Research, Analytics and Knowledge Assimilation Platform: It is a Cloud
computing platform, aiming to make India a pioneer amongst emerging economies with regards to AI
and transform sectors like education, health, agriculture, urbanization and mobility.
QUESTIONS
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3. President approves four Kirti Chakras,
11 Shaurya Chakras for armed forces and
CAPF personnel
The Kirti Chakra, the second-highest peacetime gallantry award in the country, will be awarded
to four personnel of the Central Reserve Police Force who were killed in action during an anti-
Naxal operation in Chhattisgarh in April 2021.
Eleven personnel — nine from the Army and one each from the Jammu and Kashmir Police and
the CRPF — will receive the Shaurya Chakra, the third-highest peacetime gallantry award. Five
of them have been named posthumously.
These are among the 76 gallantry awards for armed forces and Central Armed Police Forces (CAPF)
personnel approved by President Droupadi Murmu on Monday, the eve of the 77th Independence
Day. The awards include 54 Sena Medals (Gallantry), three Nao Sena Medal (Gallantry), and four
Vayu Sena Medals (Gallantry), the Defence Ministry said in a statement.
―The President has also approved 30 Mention-in-Despatches to the Army, including to Army dog
Madhu (Posthumous), and one to Air Force personnel for their significant contributions in different
military operations,‖ it said.
The posthumous recipients of the Kirti Chakra are Dilip Kumar Das, Raj Kumar Yadava, Bablu
Rabha and Sambha Roy. The operations include Operation Rakshak, Operation Snow Leopard,
Operation Casualty Evacuation, Operation Mount Chomo, Operation Pangsau Pass, Operation
Meghdoot, Operation Orchid, Operation Kalisham Valley, Rescue Operation and Operation
Evacuation, the statement said.
The President also approved one President‘s Tatrakshak Medal (PTM) and five Tatrakshak
Medals (TM) to Indian Coast Guard personnel for their act of conspicuous gallantry, exceptional
devotion to duty and distinguished/meritorious service. This also includes Tatrakshak Medal
(Gallantry) awarded to Commandant Anurag Shukla and Sultan Singh, Pradhan Navik.
Gallantry Awards
The gallantry awards are announced twice in a year — first on the occasion of the Republic Day
and then on the occasion of the Independence Day.
Gallantry Awards in India (History)
Post-Independence, first three gallantry awards namely Param Vir Chakra, Maha Vir Chakra
and Vir Chakra were instituted by the government of India on January 26th 1950 which were
deemed to have effect from August 15th,1947.
Thereafter, other three gallantry awards — the Ashoka Chakra Class-I, the Ashoka Chakra
Class-II and the Ashoka Chakra Class-III — were instituted in 1952, which were deemed to have
effect from August 15, 1947. These awards were renamed as Ashoka Chakra, Kirti Chakra and
Shaurya Chakra respectively in January 1967.
People Eligible for the Awards
All officers of all ranks of the Army, Navy and the Air Force or of any of the reserve forces,
territorial army and any other lawfully constituted armed forces. In addition to the above-mentioned
personnel, matrons, sisters, nurses, alongside the staff of the nursing services and other services
pertaining to hospitals and nursing and civilians, both male and females, serving regularly or temporarily
under the orders, directions or supervision of any of the above-mentioned forces.
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Wartime Highest Gallantry Awards
Vir Chakra
It is the country‘s third-highest wartime gallantry award after Param Vir Chakra and Maha Vir Chakra.
Peacetime Highest Gallantry Awards
Ashoka Chakra
It is the highest military award during peacetime for valour, courageous action or sacrifice. It is
awarded for most conspicuous bravery or some act of daring or pre-eminent act of valour or self-
sacrifice otherwise than in the face of the enemy.
It is the peacetime equivalent of the Param Vir Chakra (PVC) and is awarded for the ―most
conspicuous bravery or some daring or pre-eminent valour or self-sacrifice‖ other than in the face of the
enemy. The decoration may be awarded either to military or civilian personnel.
Havildar Bachittar Singh and Naik Narbahadur Thapa were the first recipients of the Ashoka
Chakra. Subsequent awards of the Ashoka Chakra are recognized by a bar to the medal ribbon. A
recipient can be awarded the Kirti Chakra or Shaurya Chakra in addition to separate acts of gallantry.
Kirti Chakra
It is the second highest peacetime gallantry award and is awarded for valour, courageous action or
self-sacrifice away from the field of battle. It is the peacetime equivalent of the Maha Vir Chakra. It
is second in order of precedence of peacetime gallantry awards, comes after Ashoka Chakra and
before Shaurya Chakra. Before 1967, the award was known as the Ashoka Chakra, Class II.
Shaurya Chakra
The Shaurya Chakra is an Indian military decoration awarded for valour, courageous action or
self-sacrifice while not engaged in direct action with the enemy. It is awarded to the personnel of the
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armed forces for instances of extraordinary gallantry. It may be awarded to civilians as well as
military personnel, sometimes posthumously. It is third in order of precedence of peacetime
gallantry awards and comes after the Ashoka Chakra and the Kirti Chakra.
Other Awards
Sena Medal
It is awarded for acts of exceptional devotion to duty or courage in the Army.
QUESTIONS
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What is the Cauvery Water Dispute?
The Cauvery Water Dispute was fought between the Indian states of Tamil Nadu and Karnataka
over the allocation of water from the river Kaveri. In 1892 and 1924, the Madras Presidency and
the Kingdom of Mysore reached two agreements that sparked this conflict. The Cauvery River
rises in Karnataka and flows through Tamil Nadu and Puducherry before draining into the Bay of
Bengal. It involves 3 states and one Union Territory (Tamil Nadu, Kerala, Karnataka and
Puducherry).
What is the back ground of Cauvery Water Dispute?
The Madras Presidency and the state of Mysore (now in Karnataka) first engaged in the Cauvery
water dispute in the 19th century. The genesis of the dispute is 150 years old and dates back to the
two agreements of arbitration in 1892 and 1924 between the then Madras presidency and Mysore.
It entailed the principle that the upper riparian state must obtain consent of lower riparian state
for any construction activity viz. reservoir on the river Cauvery.
For more than a century, tensions between Tamil Nadu and Karnataka have surrounded the
sharing of the Cauvery waters. The concerned states are Kerala, Karnataka, Tamil Nadu, and
Puducherry (UT). The Inter-State River water dispute has been among the most contentious issues for
Indian federalism. Many districts in both states are dependent on the Cauvery River for irrigation while
the city of Bengaluru gets its water mostly from this river.
Recent Developments
From 1974, Karnataka started diverting water into its four newly made reservoirs, without the
consent of Tamil Nadu resulting in a dispute. To resolve the matter, the CWDT (Cauvery Water
Disputes Tribunal) was established in 1990 which took 17 years to arrive at the final order (2007)
on how Cauvery water should be shared between the 4 riparian states in normal rainfall
conditions. CWDT was constituted by the Central Government, in exercise of the powers conferred
by section 4 of the Inter-State River Water Disputes Act, 1956.
In distress years, a pro-rata basis shall be used, it instructed. The government again took 6 year and
notified the order in 2013. On February 20, 2013, the Government of India announced the final
award. Tamil Nadu will receive 419 TMC per year for the entire Cauvery basin, followed by
Karnataka with 270 TMC, Kerala with 30 TMC, and Puducherry with 7. This was challenged in
SC (Supreme Court) which directed Karnataka to release 12000 cusecs of water to Tamil Nadu
prompting protests in the State.
The final verdict of the Supreme Court came in 2018 where it declared the Cauvery a national
asset and largely upheld the water-sharing arrangements finalised by the CWDT and also reduced the
allocation of water from Karnataka to Tamil Nadu. As per the SC, Karnataka would get 284.75
thousand million cubic feet (tmcft), Tamil Nadu 404.25 tmcft, Kerala 30 tmcft and Puducherry 7
tmcft. Karnataka will release only 177.25 TMC of Cauvery water from the Billigundlu site to the
Mettur dam in Tamil Nadu.
It also directed the Centre to notify the Cauvery Management Scheme. The central government
notified the ‗Cauvery Water Management Scheme‘ in June 2018, constituting the ‗Cauvery Water
Management Authority‘ and the ‗Cauvery Water Regulation Committee‘ to give effect to the decision.
The Court gave the Centre six weeks to frame a scheme to make sure that the final decisions are
implemented and also directed the formation of the Cauvery Management Board (CMB) to ensure
the implementation of orders of the CWDT.
Cauvery Water Management Scheme, 2018
The Center established the Cauvery Water Management Authority (CWMA) and the Cauvery
Water Regulation Committee (CWRC).
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CWMA is a permanent body and will be to regulate and control Cauvery water releases with the
assistance of the Cauvery Water Regulation Committee.
CWRC acts as a technical arm and it will ensure the implementation of the final Award by
periodically collecting data regarding levels, inflows, storages, and release of water.
Sharing of water criteria is based on two situations
When water availability is higher than the average water in the year it flows.
Water availability is equal to or less than annual water flows.
Mekedatu Reservoir Project
It aims to store and supply water for drinking purposes for the Bengaluru city. Around 400
megawatts (MW) of power is also proposed to be generated through the project. In 2018, Tamil
Nadu approached the SC against the project even if Karnataka had held that it would not affect the
flow of water to Tamil Nadu. TN is opposed to any project being proposed in the upper riparian
unless it was approved by the SC.
Constitutional Provisions for interstate water disputes
Article 262(1) provides that the Parliament may by law provide for the adjudication of any
dispute related to any inter-State river or river valley. Article 262(2) empowers the Parliament to
provide that neither the Supreme Court nor any other court shall exercise their jurisdiction in
respect of any such disputes or complaints. The Interstate River Water Disputes Act 1956 (IRWD
Act, 1956) was enacted under Article 262 of the Constitution of India.
Seventh Schedule
Entry 17 of State List: Water i.e. water supplies, irrigation and canals, drainage, water storage, and
water power subject to entry 56 of the Union List
Entry 56 of the Union List: Regulation and development of the inter-State rivers and river valleys.
Inter-State River Water Disputes (Amendment) Bill, 2019
Dispute Resolution Committee (DRC) will be established by the Central Government to resolve
the dispute amicably through negotiations within one year (extendable by six months) and submit its
report to the central government.
Establishment of a Single Inter-State River Water Disputes Tribunal by the Central Government
with multiple benches. All existing Tribunals will be dissolved, and the disputes pending will be
transferred to the new Tribunal. The proposed Tribunal must give its verdict on the dispute within a
timeline of two years, which may be extended by another year. The decision of the Tribunal will be
final and binding. Data Collection and maintenance of a databank at the national level for each river
basin by an agency to be appointed and authorized by the central government.
Know more about Cauvery River
It is known as ‗Ponni‘ in Tamil, also known as Ganga of the south, and it is the fourth largest river
of southern India. It is a sacred river of southern India. It rises on Brahmagiri Hill of the Western
Ghats in southwestern Karnataka state, flows in a southeasterly direction through the states of
Karnataka and Tamil Nadu, and descends the Eastern Ghats in a series of great falls and drains into Bay
of Bengal through Pondicherry.
The major left bank tributaries are Harangi, Hemavathi, Shimsha, and Arkavathi, while the right
bank tributaries in Karnataka are Lakshmanthirta, Kabini, and Suvarnavathi.
Left Bank tributaries: the Harangi, the Hemavati, the Shimsha, and the Arkavati.
Right Bank tributaries: Lakshmantirtha, the Kabbani, the Suvarnavati, the Bhavani, the Noyil, and the
Amaravati.
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Ministry of Jal Shakti
Ministry of Jal Shakti (‗Ministry of Water Resources ‗) is a ministry under Government of India
which was formed in May 2019 under the second Modi ministry. This was formed by merging of two
ministries; Ministry of Water Resources, River Development & Ganga Rejuvenation and Ministry
of Drinking Water and Sanitation.
Gajendra Singh Shekhawat from Rajasthan who is currently serving as Union Cabinet Minister in
Ministry of Jal Shakti. He is a member of parliament from the Bharatiya Janata Party (BJP)
representing Jodhpur in the Lok Sabha.
QUESTIONS
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What was the SC ruling?
A five-judge bench of the Supreme Court unanimously ruled that a high-power committee consisting
of the Prime Minister, Leader of Opposition in Lok Sabha, and the Chief Justice of India must
pick the CEC and ECs. The judgement by a bench led by Justice KM Joseph came in a 2015
public interest litigation, challenging the constitutional validity of the practice of the Centre-
appointed members of the Election Commission.
In 2018, a two-judge bench of the SC referred the case to a larger bench since it required a close
examination of Article 324 of the Constitution, which deals with the role of a Chief Election
Commissioner. Article 324(2) reads: ―The Election Commission shall consist of the Chief Election
Commissioner and such number of other Election Commissioners, if any, as the President may from
time-to-time fix and the appointment of the Chief Election Commissioner and other Election
Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be
made by the President.‖
However, since there was no law made by Parliament as prescribed by the Constitution, the Court
stepped in to fill the ―constitutional vacuum.‖ The Court went through the debates of the Constituent
Assembly to conclude that the Founding Fathers ―did not intend the executive exclusively calling the
shots in the matter of appointments to the Election Commission.‖ The Bill now seeks to address this
vacuum and set up a legislative process to make appointments to the EC.
What is a new process under the Bill?
Currently, the Law Minister suggests a pool of suitable candidates to the Prime Minister for
consideration.
The President makes the appointment on the advice of the PM.
As per the Bill, a Search Committee headed by the Cabinet Secretary and comprising two other
members, not below the rank of Secretary to the government, having knowledge and experience in
matters relating to elections, shall prepare a panel of five persons who can be considered for
appointment.
Then, as per the Bill, a Selection Committee consisting of the Prime Minister, the Leader of
Opposition in the Lok Sabha, and a Union Cabinet Minister to be nominated by the Prime
Minister will appoint the CEC and other ECs.
Can the Parliament undo a decision of the Supreme Court?
Parliament has the power to nullify the effect of a Court ruling by addressing the concerns flagged
in the judgement. The law cannot simply be contradictory to the ruling.
In this case, the arrangement prescribed by the Supreme Court was specifically because the Court
noted that there was a ―legislative vacuum.‖ Filling that vacuum is well within the purview of the
Parliament.
However, the idea of an independent body that conducts elections permeates through the judgement. The
Court repeatedly stated that to be the objective of the framers of the Constitution.
The composition of the Selection Committee in the Bill raises questions on whether the process is now
independent or still rigged in favour of the Executive. With the PM and a Cabinet Minster nominated by
the PM in the three-member panel, the LoP is outvoted even before the process begins.
Election Commission of India
The Election Commission of India (ECI) is a constitutional body.
It was established by the Constitution of India to conduct and regulate elections in the country.
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Article 324 of the Constitution provides that the power of superintendence, direction, and control
of elections to parliament, state legislatures, the office of the president of India, and the office of
vice-president of India shall be vested in the election commission.
Thus, the Election Commission is an all-India body in the sense that it is common to both the
Central government and the state governments.
The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, State
Legislative Councils and the offices of the President and Vice President of the country.
The Election Commission operates under the authority of Constitution per Article 324, and
subsequently enacted Representation of the People Act.
The commission has the powers under the Constitution, to act in an appropriate manner when the
enacted laws make insufficient provisions to deal with a given situation in the conduct of an
election. It is a permanent constitutional body.
Structure
The commission was established in 1950 and originally only had one Chief Election
Commissioner.
Two additional Commissioners were appointed to the commission for the first time on 16 October
1989 (on the eve of the 1989 General Election), but they had a very short tenure, ending on 1
January 1990.
―The Election Commissioner Amendment Act, 1989‖ was adopted on 1 January 1990 which
turned the commission into a multi-member body: a 3-member Commission has been in operation
since then and the decisions by the commission are made by a majority vote.
The commission is served by its secretariat located in New Delhi.
The Election Commissioners are assisted by Deputy Election Commissioners, who are generally
IAS officers.
They are further assisted by Directors General, Principal Secretaries, and Secretaries and Under
Secretaries.
At the state level, Election Commission is assisted by the Chief Electoral Officer of the State, who is an
IAS officer of Principal Secretary rank.
At the district and constituency levels, the District Magistrates (in their capacity as District Election
Officers), Electoral Registration Officers and Returning Officers perform election work.
Tenure
The tenure of election commissioners is not prescribed by Indian Constitution. However,
according to the 1991 Election Commission Act, the Chief Election Commissioner or an Election
Commissioner shall hold office for a term of six years, or up to the age of 65 years, whichever is
earlier, from the date on which he/she assumes his/her office.
Removal from office
The Chief Election Commissioner of India can be represented removed from their office in a
manner similar to the removal of a judge of the Supreme Court of India which requires a
resolution passed by the Parliament of India a two-thirds majority in both the Lok Sabha and the
Rajya Sabha on the grounds of proved misbehaviour or incapacity.
Other Election Commissioners can be removed by the President of India on the recommendation
of the Chief Election Commissioner.
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A Chief Election Commissioner has never been impeached in India.
In 2009, just before the 2009 Lok Sabha Elections, Chief Election Commissioner N. Gopalaswami
sent a recommendation to President Prathibha Patil to remove Election Commissioner Navin
Chawla, who was soon to take office as the chief election commissioner and to subsequently
supervise the Lok Sabha general election, a potential conflict of interest considering his partisan
political party behavior.
The President opined that such a recommendation is not binding on the president, and hence rejected it.
Subsequently, after Gopalswami‘s retirement the next month, Chawla became the chief election
commissioner and supervised the 2009 Lok Sabha general elections.
Functions
One of the most important features of the democratic policy in India is elections at regular intervals.
Holding periodic, free and fair elections are essentials of a democratic system and a part of the
basic structure of the Constitution.
The Election Commission is regarded as the guardian of elections in the country. In every election,
it issues a Model Code of Conduct for political parties and candidates to conduct elections in a free
and fair manner.
The commission issued the Code of Conduct for the first time in 1971 for the 5th Lok Sabha
elections and has revised it from time to time.
It lays down guidelines for the conduct of political parties and candidates during an election
period. However, there have been instances of violation of the code by various political parties
with complaints being received for misuse of official machinery by the candidates.
The code does not have any specific statutory basis but only a persuasive effect.
It contains the rules of electoral morality.
However, this lack of statutory backing does not prevent the commission from enforcing it.
A law for the registration process for political parties was enacted in 1989 and a number of parties got
registered with the commission.
The registration helps avoid confusion and ensures that the political parties are brought under the
purview of the commission.
The election commission has the right to allow symbols to the political parties. It gives recognition to
the national, state and regional parties. It sets limits on poll expenses.
The commission prepares electoral rolls and update the voter‘s list from time to time.
Notifications of dates and schedules of election for filing nominations are issued by the
commission.
It is noteworthy that Election commission cannot allot same symbol to two regional political
parties even if they are not in the same state.
The commission is empowered with prohibiting dissemination or publication of voting trends that
seek to influence voters by opinion polls or exit polls.
To curb the growing influence of money during elections, the Election Commission has made
many suggestions and changes in this regard.
The commission has appointed IRS officers of the Income Tax Department as Election Observers
(Expenditure) of all elections and has fixed the legal limits on the amount of money which a
candidate can spend during election campaigns.
These limits have been revised over time.
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The Election Commission, by appointing expenditure observers from the Indian Revenue Service, keeps
an eye on the individual account of election expenditure.
The commission takes details of the candidate‘s assets on affidavit at the time of submitting nomination
paper, who are also required to give details of their expenditure within 30 days of the declaration of results.
The campaign period has also been reduced by the commission from 21 to 14 days for Lok Sabha and
Assembly elections to cut down election expenditure.
In an attempt to decriminalise politics, the Election Commission has approached the Supreme Court to
put a lifetime ban on convicted politicians from contesting elections.
Voter Id
In an effort to prevent electoral fraud, in 1993, EPICs or Electors Photo Identity Cards were
issued, which became mandatory by the 2004 elections.
However ration cards have been allowed for election purposes in certain situations.
RONET
Software mobile application, developed for Election Commission of India, by 01 Synergy, which
makes the voting process less cumbersome and ensure that the general public is aware of the
candidates in an election.
The RONet suite of web and mobile applications is for all stakeholders involved in the election process.
This would help them monitor the assigned tasks at all levels for the smooth conduct of elections.
ECI360
ECI 360 mobile application was developed for the general public — which comprises signed and
sworn affidavits of the contesting candidates, a list of rejected candidates, the final list of
candidates, pickup requests for voters with disability, queue status (people waiting in line to cast
votes), real-time poll booth-wise polling percentage, grievance redressal, and the results.
The candidate app of ECI360 allows them to request permissions for rallies and is also mapped
with redressal systems, which ensures that all the issues are sorted at the earliest.‖
Voting Procedure
Voting in India is done using Electronic voting machines or EVMs, there is also a provision for the
Postal voting in India, as well as the special arrangements for the disabled voters.
Electronic voting machines (EVM)
India has been the first country to adopt Electronic Voting at such a large scale. Electronic voting
machines (EVM) were introduced by Election Commission in order to reduce malpractices and
improve efficiency.
They were tried for the first time on an experimental basis for the 1982 Kerala State Legislative
Assembly Elections.
After a successful testing and the legal inquiries, the commission took the decision to begin the use of
these voting machines.
The introduction of Voter-verified paper audit trail (VVPAT) in eight Lok Sabha constituencies in 2014
Indian General Elections was a big achievement for the Election Commission.
This Voter-verified paper audit trail (VVPAT) system was first used with EVMs in a by-poll in
September 2013 in Noksen (Assembly Constituency) in Nagaland. and eventually in all elections from
September 2013 onwards in various Legislative elections in the country.
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NOTA Voting Symbol in India
Photo electoral rolls with photographs of the candidates on the EVMs were first introduced in the
2015 Bihar Legislative Assembly election.
In 2014, none of the above or NOTA was also added as an option on the voting machines which is
now a mandatory option to be provided in any election
The specific symbol for NOTA, a ballot paper with a black cross across it, was introduced on 18
September 2015.
The symbol has been designed by National Institute of Design, Ahmedabad.
Election Commission organised an open hackathon on 3 June 2017, to attempt hacking of Electronic
Voting Machine used by the commission in various Indian elections.
The NCP and CPI(M) were the only two parties that registered for the event but none of them
participated.
The EVM hacking claims remained as allegations only and were usually used by the parties which lost
elections.
Functioning of EVMs and VVPAT machines were demonstrated to the teams.
Postal voting
Postal voting in India is done only through the ―Electronically Transmitted Postal Ballot Papers
(ETPB)‖ system of Election Commission of India, ballot papers are distributed to the registered
eligible voters who return the votes by post.
Postal votes are counted first before the counting of votes from the EVM. Only certain categories
of people are eligible to register as postal voters.
Employees working in the union armed forces and state police as well as their spouses, and those
working for the Government of India who are officially posted abroad can register for the postal vote;
these are also called the ―Service voters‖. People in preventive detention can use postal vote. Prisoners
cannot vote at all.
Electors with disabilities
The Election Commission of India came under severe criticism when an RTI application filed by
activist Dr Satendra Singh revealed the commission‘s ill-preparedness to safeguard electors with
disabilities in the 2014 Lok Sabha elections.
There were many violations of the Supreme Court order from 2014 to enfranchise persons with
disabilities.
In Karnataka, Election commission has offered sign language support to assist voters with speech
and hearing impairment.
QUESTIONS
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In 2009, the war with the LTTE ended, and things dramatically changed. Colombo beefed up its
maritime defences, and turned focus to Indian fishermen.
Facing a depletion of marine resources on the Indian side, they would frequently enter Sri Lankan
waters as they had been doing for years, but finally began facing consequences.
Till date, the Sri Lankan navy routinely arrests Indian fishermen and there have been many allegations
of custodial torture and death.
The demand for Katchatheevu is revived each time such an incident happens.
What is Tamil Nadu‘s position on Katchatheevu?
Katchatheevu was ―given away‖ to Sri Lanka without consulting the Tamil Nadu state assembly.
At the time itself, there were vehement protests against Indira Gandhi‘s move, citing the historical
control of the Ramnad zamindari over the island and traditional fishing rights of Indian Tamil
fishermen.
In 1991, in the aftermath of India‘s disastrous intervention in the Sri Lankan Civil War, the Tamil
Nadu Assembly again sought retrieval of Katchatheevu and restoration of fishing rights of Tamil
fishermen. Since then, Katchatheevu has perennially come up in Tamil politics.
In 2008, then AIADMK supremo, the late J Jayalalitha, filed a petition in court saying
Katchatheevu could not be ceded to another country without a constitutional amendment.
The petition argued the 1974 agreement had affected traditional fishing rights and livelihoods of
Indian fishermen.
After becoming chief minister in 2011, she moved a resolution in the State Assembly and, in 2012, went
to the Supreme Court asking her petition be expedited in the wake of increasing arrests of Indian
fishermen by Sri Lanka.
However, the Union government‘s position on Katchatheevu has largely remained unchanged. It has
argued that since the island had always been under dispute, ―no territory belonging to India was ceded
nor sovereignty relinquished.‖
While the BJP, especially the party‘s Tamil Nadu unit, has been vocal in its demand for retrieving
Katchatheevu for India, even the Narendra Modi government has done little to actually act on Tamil
politicians‘ demands – there is little it can do.
Key challenges that have affected India-Sri Lanka bilateral relations
Ethnic and Regional Issues: Sri Lanka has faced long-standing ethnic tensions between the Sinhalese
majority and the Tamil minority, influencing its relationship with India due to a significant Tamil
population in the southern Indian state of Tamil Nadu. Example: During the Sri Lankan civil war,
India‘s involvement was influenced by the plight of Tamil civilians, leading to the Indian Peacekeeping
Force‘s intervention in the 1980s. The conflict strained relations between the two countries.
Fishermen‘s Rights Dispute: Disputes over fishing rights in the Palk Strait and the Gulf of Mannar have
led to frequent arrests of Indian fishermen by Sri Lanka and vice versa, resulting in tension between the
two countries. Example: In 2017, over 100 Indian fishermen were arrested by the Sri Lankan Navy for
allegedly fishing in Sri Lankan waters, exacerbating the ongoing issue of fishing rights violations.
Chinese Influence in Sri Lanka: Sri Lanka‘s increasing engagement with China, including
infrastructure projects under China‘s Belt and Road Initiative, has raised concerns for India about
China‘s growing presence in the Indian Ocean region. Example: The Hambantota Port project, a
Chinese-funded initiative.
Impact of Internal Politics: Domestic political considerations sometimes overshadow the broader
strategic interests of the two nations. Example: Changes in Sri Lanka‘s government have occasionally
led to shifts in its foreign policy, and more inclined towards China impacting the dynamics of its
relationship with India.
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Issues of Sovereignty and Territorial Integrity: Instances of perceived interference in each other‘s
internal affairs have occasionally strained the bilateral relationship, with both countries prioritising their
sovereignty and territorial integrity. Example: India‘s involvement in the Sri Lankan civil war raised
concerns in Sri Lanka about its sovereignty, while India has expressed concerns over developments
affecting the Tamil minority in Sri Lanka.
Potential opportunities for cooperation and collaboration between the two countries:
Economic Cooperation: India and Sri Lanka have the potential to strengthen economic ties through
increased trade, investment, and joint development projects. Sri Lanka‘s strategic location in the Indian
Ocean can serve as a hub for Indian businesses to access markets in South Asia and Southeast Asia.
Infrastructure Development: India‘s expertise in infrastructure development and Sri Lanka‘s need for
modernization present opportunities for joint ventures in areas such as ports, roads, railways, and power
projects. The partnership could enhance connectivity and trade facilitation in the region.
Maritime Security: Given their shared interests in the Indian Ocean, both countries can collaborate on
maritime security, including anti-piracy efforts, search and rescue operations, and information-sharing to
ensure safe and secure sea lanes.
Tourism and Cultural Exchanges: Both countries‘ rich cultural heritage and natural beauty can be
leveraged to boost tourism. Enhanced cultural exchanges and people-to-people contact can foster
understanding and friendship between nations.
Renewable Energy and Climate Change: Cooperation in renewable energy projects, such as solar and
wind power, can promote sustainable development. Both countries can also collaborate on climate
change mitigation and adaptation efforts.
Health and Public Health Initiatives: India and Sri Lanka can collaborate on health research, disease
surveillance, and capacity-building in healthcare systems. Joint efforts can strengthen responses to
infectious disease outbreaks and public health emergencies.
Regional Initiatives: India and Sri Lanka can work together within regional organisations like SAARC
and BIMSTEC to address common challenges and promote regional integration and development.
Reconciliation and Conflict Resolution: India can play a constructive role in supporting Sri Lanka‘s
efforts towards reconciliation and peacebuilding, sharing its own experiences in dealing with internal
conflicts.
Counterterrorism and Intelligence Sharing: Strengthening cooperation in intelligence sharing and
counterterrorism measures can help combat transnational threats and ensure regional security.
The bilateral relationship between India and Sri Lanka requires careful diplomatic handling and
pragmatic solutions.
Effective engagement, respect for each other‘s sovereignty, Gujral doctrine and a commitment to shared
goals will be crucial in capitalising on these opportunities and overcoming challenges to foster a positive
and enduring partnership.
Sri Lanka
Sri Lanka formerly known as Ceylon and officially the Democratic Socialist Republic of Sri
Lanka, is an island country in South Asia.
It lies in the Indian Ocean, southwest of the Bay of Bengal, separated from the Indian peninsula
by the Gulf of Mannar and the Palk Strait. Sri Lanka shares a maritime border with the Maldives
in the south-west and India in the north-west.
Sri Lanka has a population of approximately 22 million people and is home to many cultures,
languages, and ethnicities.
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The Sinhalese people form the majority of the nation‘s population, followed by the Tamils, who
are the largest minority group and are concentrated in northern Sri Lanka; both groups have
played an influential role in the island‘s history.
Other long-established groups include the Moors, Indian Tamils, Burghers, Malays, Chinese, and
Vedda.
Sri Lanka‘s documented history goes back 3,000 years, with evidence of prehistoric human settlements
that dates back 125,000 years.
The earliest known Buddhist writings of Sri Lanka, known collectively as the Pāli canon, date to
the fourth Buddhist council, which took place in 29 BCE.
Also called the Teardrop of India, or the Granary of the East, Sri Lanka‘s geographic location
and deep harbours have made it of great strategic importance, from the earliest days of the
ancient Silk Road trade route to today‘s so-called maritime Silk Road.
Because its location made it a major trading hub, it was already known to both East Asians and
Europeans as long ago as the Anuradhapura period. During a period of great political crisis in the
Kingdom of Kotte, the Portuguese arrived in Sri Lanka and sought to control the island‘s
maritime trade, with a part of Sri Lanka subsequently becoming a Portuguese possession.
After the Sinhalese-Portuguese war, the Dutch Empire and the Kingdom of Kandy took control of
those areas.
The Dutch possessions were then taken by the British, who later extended their control over the
whole island, colonising it from 1815 to 1948.
A national movement for political independence arose in the early 20th century, and in 1948,
Ceylon became a dominion.
The dominion was succeeded by the republic of Sri Lanka in 1972. Sri Lanka‘s more recent
history was marred by a 26-year civil war, which began in 1983 and ended in 2009, when the Sri
Lanka Armed Forces defeated the Liberation Tigers of Tamil Eelam.
Sri Lanka is a developing country, ranking 73rd on the Human Development Index.
It is the highest-ranked South Asian nation in terms of development and has the second-highest
per capita income in South Asia.
However, the ongoing economic crisis has resulted in the collapse of its currency, rising inflation,
and a humanitarian crisis due to a severe shortage of essentials.
It has also led to an eruption of street protests, with citizens successfully demanding that the President
and the Government step down.
The country has had a long history of engagement with modern international groups: it is a founding
member of the SAARC and a member of the United Nations, the Commonwealth of Nations, the G77
and the Non-Aligned Movement.
QUESTIONS
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The indictment lists details of as many as 161 separate criminal ―acts‖ that it alleges were ―committed in
furtherance of the conspiracy…and had the same and similar intents, results, accomplices, victims, and
methods of commission and otherwise were interrelated by distinguishing characteristics and were not
isolated acts‖.
Why is the indictment of Trump under RICO significant?
An early analysis has mentioned the ability of prosecutors under the Georgia RICO to ―bundle together
what may seem to be unrelated crimes committed by a host of different people if those crimes are
perceived to be in support of a common objective‖.
The report quoted Michael Mears, a law professor at John Marshall Law School in Atlanta, as saying the
statute ―allows a prosecutor to go after the head of an organisation, loosely defined, without having to
prove that that head directly engaged in a conspiracy or any acts that violated state law‖.
This means, that ―If you are a prosecutor, it‘s a gold mine. If you are a defence attorney, it‘s a
nightmare.‖
Under the Georgia RICO statute, prosecutors must essentially demonstrate the existence of an
―enterprise‖ and a ―pattern of racketeering activity‖.
The ―bar‖ for this pattern, ―is fairly low‖.
The report said that courts in Georgia have ruled that even two acts of racketeering activity within a
period of four years qualify as a ―pattern‖.
The 161 acts listed in the indictment were committed in a 22-month window from November 4, 2020 to
September 15, 2022.
What were some of these ―overt acts‖ committed by the alleged organised crime enterprise?
In an annotated commentary on the indictment, including the following:
According to the indictment, on November 19, 2020, Trump‘s lawyer Rudy Giuliani, who is one of the
19 indicted individuals, ―appeared at a press conference…and made false statements concerning fraud in
the November 3, 2020, presidential election in Georgia and elsewhere. These were overt acts in
furtherance of the conspiracy.‖
―This was the infamous event at which Giuliani‘s hair dye ran down his face and where he and [another
Trump lawyer] Sidney Powell promoted the conspiracy theory that Dominion voting machines had been
hacked‖.
According to the indictment, on November 21, 2020, former White House chief of staff Mark Meadows
―sent a text message to United States Representative Scott Perry from Pennsylvania and stated, ‗Can you
send me the number for the speaker and the leader of PA Legislature. POTUS wants to chat with them.‘
This was an overt act in furtherance of the conspiracy.‖
According to the indictment, on December 3, 2020, Trump posted on Twitter, ―Wow! Blockbuster
testimony taking place right now in Georgia. Ballot stuffing by Dems when Republicans were forced to
leave the large counting room. Plenty more coming, but this alone leads to an easy win of the State!‖
According to the indictment, ―this was an overt act in furtherance of the conspiracy.‖
―The inclusion in the indictment of multiple tweets by Trump suggests the expansive nature of the
racketeering charges. It would be difficult to prove that each tweet was a criminal act on its own, but
prosecutors are suggesting that each one was part of the larger conspiracy to obstruct the election.‖
On December 8, 2020, Trump and conservative attorney John Eastman, who is among those indicted,
rang Republican National Committee Chairwoman Ronna McDaniel to ―request her assistance gathering
certain individuals to meet and cast electoral votes‖ for Trump in certain states ―despite the fact that…
[he had] lost the…election‖.
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While the attempt by Trump and Eastman to enlist McDaniel in a ―scheme to create fake slates of pro-
Trump electors first emerged in the work of the House select committee that investigated January 6, it
still is a big deal‖.
This is because ―It directly implicates both the former president and the Republican establishment in the
plan to falsify slates of electors to the Electoral College.‖
How likely is it that these charges will stick?
The Georgia law speaks of a ―pattern of racketeering activity‖ ―it is broader than the federal law in that
the attempt, solicitation, coercion, and intimidation of another person to commit one of the offences can
be considered racketeering activity‖.
Mears, the legal expert quoted above, that the law doesn‘t require the state to prove that Trump knew
about or ordered all the crimes, just that he was the head of an enterprise that carried them out.
Trump‘s main defence would likely be to show that the various actors did not intend to commit a crime.
―RICO is a tool that allows a prosecutor‘s office or law enforcement to tell the whole story,‖ Willis, who
has brought the indictment against Trump, said at a news conference in August.
Donald Trump
Donald John Trump is an American politician, media personality, and businessman who served as the
45th president of the United States from 2017 to 2021.
Within three years after leaving office, Trump had been criminally indicted on 91 counts of federal and
state felonies.
Trump graduated from the University of Pennsylvania with a bachelor‘s degree in economics in 1968.
He became president of his father‘s real-estate business in 1971 and renamed it the Trump Organization.
He expanded its operations to building and renovating skyscrapers, hotels, casinos, and golf courses and
later started side ventures, mostly by licensing his name.
From 2004 to 2015, he co-produced and hosted the reality television series The Apprentice.
He and his businesses have been plaintiff or defendant in more than 4,000 state and federal legal actions,
including six business bankruptcies.
Trump won the 2016 presidential election as the Republican nominee against Democratic nominee
Hillary Clinton while losing the popular vote.
During the campaign, his political positions were described as populist, protectionist, isolationist, and
nationalist. His election and policies sparked numerous protests.
He was the first U.S. president with no prior military or government service. The 2017–2019 special
counsel investigation established that Russia interfered in the 2016 election to favor his campaign.
Trump promoted conspiracy theories and made many false and misleading statements during his
campaigns and presidency, to a degree unprecedented in American politics.
Many of his comments and actions have been characterized as racially charged or racist and many as
misogynistic.
As president, Trump ordered a travel ban on citizens from several Muslim-majority countries, diverted
military funding toward building a wall on the U.S.-Mexico border, and implemented a policy of family
separations for apprehended migrants.
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He weakened environmental protections, rolling back more than 100 environmental policies and
regulations.
He signed the Tax Cuts and Jobs Act of 2017, which cut taxes for individuals and businesses and
rescinded the individual health insurance mandate penalty of the Affordable Care Act.
He appointed Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett to the U.S. Supreme Court.
He initiated a trade war with China and withdrew the U.S. from the proposed Trans-Pacific Partnership
trade agreement, the Paris Agreement on climate change, and the Iran nuclear deal.
He met with North Korean leader Kim Jong Un three times but made no progress on denuclearization.
He reacted slowly to the COVID-19 pandemic, ignored or contradicted many recommendations from
health officials, used political pressure to interfere with testing efforts, and spread misinformation about
unproven treatments.
Trump lost the 2020 presidential election to Joe Biden. He refused to concede defeat, falsely claiming
widespread electoral fraud, and attempted to overturn the results by pressuring government officials,
mounting scores of unsuccessful legal challenges, and obstructing the presidential transition.
On January 6, 2021, he urged his supporters to march to the U.S. Capitol, which many of them then
attacked, resulting in multiple deaths and interrupting the electoral vote count.
Trump is the only American president to have been impeached twice.
After he tried to pressure Ukraine in 2019 to investigate Biden, he was impeached in December by the
House of Representatives for abuse of power and obstruction of Congress; he was acquitted by the
Senate in February 2020.
The House impeached him a second time in January 2021, for incitement of insurrection, and the Senate
acquitted him the next month. Scholars and historians rank Trump as one of the worst presidents in
American history.
Since leaving office, Trump has remained heavily involved in the Republican Party.
In November 2022, he announced his candidacy for the Republican nomination in the 2024 presidential
election.
In March 2023, a Manhattan grand jury indicted him on 34 felony counts of falsifying business records.
In June, a Miami federal grand jury indicted him on 37 felonies related to his handling of classified
documents (with three charges added in July).
In August, a Washington, D.C., federal grand jury indicted him on four felony counts of conspiracy and
obstruction related to efforts to overturn the 2020 election.
Trump pleaded not guilty to all charges. Later in August, a Fulton County, Georgia, grand jury indicted
Trump for 13 felony counts including racketeering committed in an effort to overturn the 2020 election
results in the state.
Trump currently faces a total of 88 indictments between federal and state counts; this is, by default the
most for any former president.
Maharashtra Control of Organised Crime Act
The Maharashtra Control of Organised Crime Act, 1999 is a law enacted by the state of Maharashtra in
India in 1999 to combat organised crime and terrorism.
Known as ‗MCOCA‘, the Act provides the State Government with special powers to tackle these issues,
including powers of surveillance, relaxed evidentiary standards and procedural safeguards, and
prescribing additional criminal penalties, including the death penalty.
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MCOCA was enacted as an ordinance on 24 February 1999, and was subsequently ratified by the
legislature, becoming law when it received the assent of the President of India in accordance with the
procedure under Article 245 of the Constitution of India, which applies when a legislative subject is
within both, state and federal powers.
MCOCA was the first state legislation enacted to address organised crime in India.
It replaced the temporary Maharashtra Control of Organised Crime Ordinance 1999.
The Statement of Object and Reasons that prefaces MCOCA identifies organised crime as a threat,
linking it to terrorist activity and noting the economic impact of illegal wealth and black money on the
state‘s economy.
The Statement of Objects and Reasons goes on to note, ―the existing legal framework, i.e. the penal and
procedural laws and the adjudicatory system, are found to be rather inadequate to curb or control the
menace of organised crime.
Government has, therefore, decided to enact a special law with stringent and deterrent provisions
including in certain circumstances power to intercept wire, electronic or oral communication to control
the menace of organised crime.
Racketeer Influenced and Corrupt Organisations Act
The federal Racketeer Influenced and Corrupt Organisations Act originated in 1970 as a tool to fight
organised crime. The law enabled prosecutors to target people in positions of authority within a criminal
organisation, not just lower-level people doing the dirty work.
But its use was never meant to be limited exclusively to organised crime.
Within a few years of the federal law taking effect, states began passing their own RICO laws.
The US Supreme Court noted in a 1989 opinion that the law was drafted ―broadly enough to encompass
a wide range of criminal activity, taking many different forms and likely to attract a broad array of
perpetrators‖.
Generally speaking, RICO laws allow prosecutors to charge multiple people who commit separate
crimes while working towards a common goal.
Georgia‘s RICO Act, adopted in 1980, makes it a crime to participate in, acquire or maintain control of
an ―enterprise‖ through a ―pattern of racketeering activity‖ or to conspire to do so.
QUESTIONS
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wires into metal, and meticulously polishing it to perfection. The primary purpose of this craft is to
ornament weapons, imparting them with a regal and artistic appearance.
5. Bikaner Kashidakari Craft
Bikaner Kashidakari Craft offers exquisite needlework for special occasions. It is traditionally
crafted on cotton, silk, or velvet and showcases fine stitches and mesmerizing mirror-work. This craft is
often employed for objects associated with weddings, particularly gift items. The mirrors used in the
craft are believed to protect against the ―evil eye‖ due to their reflective surfaces. The skilled Meghwal
community in Bikaner and nearby districts is responsible for preserving and practicing this art form.
6. Jodhpur Bandhej Craft
Bandhej, known as one of the most renowned textile art forms of Rajasthan, is the Rajasthani art
of tying and dyeing. This technique involves creating patterns or designs on fabrics by tying them with
threads and then dyeing them in various colors. Cotton thread is skillfully used to tie the fabric, resulting
in intricate patterns and designs. Fabrics made of cotton, silk, wool, or synthetic materials can be utilized
for this process, including sarees, dupattas, skirts, scarves, and other garments.
7. Bikaner Usta Kala Craft
The Bikaner Usta Kala Craft, also referred to as gold nakashi or gold manauti work for its
enduring golden hue, showcases artistic camel hide craftsmanship. This unique art form entails
treating raw camel hide and skillfully molding it into a range of products. The skilled Dapgar
community of leather craftsmen carries forward this tradition with finesse. It is a form of painting that
incorporates gold or silver foil to create intricate designs on diverse surfaces like wood, metal, marble,
ivory, and leather.
Recently announced GI Products from India
In June 2023, The Geographical Indications Registry in Chennai has given tags to seven different
products from Uttar Pradesh. ‗Amroha Dholak‘, ‗Mahoba Gaura Patthar Hastashlip‘, ‗Mainpuri
Tarkashi‘, ‗Sambhal Horn Craft‘, ‗Baghpat Home Furnishings‘, ‗Barabanki Handloom Product‘
and ‗Kalpi Handmade Paper‘ are the products that been given the Geographical Indication (GI) tag.
India having a diverse culture is home to various arts and crafts mastered by many generations over the
years. In a testament to India‘s rich cultural heritage, the country has reached the highest-ever GI
registrations in 2022-23 by completing 33 new GI registrations on March 31, 2023.
Much recently, the European Commission (EC) has granted geographical indication (GI) for
India‘s Kangra tea, which is grown in Himachal Pradesh‘s Kangra district. The tag will help Kangra
tea to get an opportunity to enter the European market.
Geographical Indications are part of our collective and intellectual heritage that needs to be
protected and promoted. These invaluable treasures, rooted in Indian traditions, deserve to be shared
with people across the globe. Adding to the present collection of GIs, new items from various states of
India such as Gamosa of Assam, Tandur Redgram of Telangana, Raktsey Karpo Apricot of
Ladakh, Onattukara Ellu of Kerala, Alibag White Onion of Maharashtra, Kodungallur
Pottuvellari from Kerala have been given the coveted GI Tags.
Geographical Indication Tags 2023
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Kandhamal Haldi Odisha Agricultural
Malai Poondu from Kodaikanal Tamil Nadu Agricultural
Kashmir Saffron Jammu & Kashmir Agriculture
Hmaram Mizoram Handicraft
Pawndum Mizoram Handicraft
Ngotekherh Mizoram Handicraft
Tawlhlohpuan Mizoram Handicraft
Idu Mishmi Textiles Arunachal Pradesh Handicraft
Srivilliputtur Palkova Tamil Nadu Food Stuff
Mizo Puanchei Mizoram Handicraft
Gulbarga Toor Dal Karnataka Agricultural
Tirur Betel Leaf Kerala Agricultural
Khola Chilli Goa Agricultural
Kandangi Saree Tamil Nadu Handicraft
Kaji Nemu Assam Agricultural
Dindigul Locks Tamil Nadu Manufactured
Palani Panchamirtham Tamil Nadu Food Stuff
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3. Goa Mankurad Mango, a delightful mango variety grown in Goa, has been granted a Geographical
Indication (GI) tag due to its sweet taste, juicy pulp, thin skin, and ___________.
4. The traditional art of Bandhej, known for tying and dyeing fabrics, is a renowned textile art form from
the state of ___________.
5. Udaipur Koftgari Metal Craft is an intricate craft from ___________ that involves etching designs,
embedding gold and silver wires, and polishing metal to perfection.
6. Bikaner Kashidakari Craft, which offers exquisite needlework often used for special occasions, is
known for its fine stitches and mesmerizing ___________.
7. The Geographical Indication (GI) tag ensures that only authorized users from the designated
___________ are allowed to use the popular product name.
8. The Goa Mankurad Mango, also referred to as Goa Mancurad or Goa Alphonso, is recognized for its
sweet taste, juicy pulp, thin skin, and pleasant ___________.
9. The craftsmanship of Udaipur Koftgari Metal Craft from Rajasthan involves embedding gold and
silver wires into metal, resulting in a regal and artistic ___________.
10. The term ―Geographical Indication‖ refers to a name or sign used on products that corresponds to a
specific geographical ___________ or origin.
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The index is based on the methodology used by the Oxford Poverty and Human Development
Initiative (OPHI) and United Nations Development Programme (UNDP) to construct the Global
MPI. OPHI and UNDP are technical partners in the formulation of the national index.
But India‘s MPI is not exactly the same as the Global MPI. For instance, India‘s MPI has 12
variables, while the Global MPI has 10. The two additional variables in India‘s MPI are maternal
health and bank account.
How does this reduction in poverty (13.5 crore in the period between the two NFHS rounds)
compare with India‘s past record?
It must be noted that this is a multidimensional poverty index and, as such, is not comparable to
India‘s traditional and official way of estimating poverty.
However, the Global MPI 2023 report, which too was released in July, states that 415 million
people in India moved out of poverty between 2005-06 and 2019-21.
270 million of these 415 million moved out of poverty between 2005-06 and 2015-16, and the
remaining thereafter.
The Global MPI pegs India‘s poverty ratio at 16.4% as against 14.96% in Niti Aayog‘s MPI. This
difference is on account of the two additional metrics, and some differences in definitions.
How has poverty been estimated in India traditionally?
From the time of Dadabhai Naoroji‘s 1901 book Poverty and Un-British Rule in India, poverty
has been estimated using a monetary measure. The idea has been to arrive at an amount of money
that is considered necessary to either eat a subsistence diet (Naoroji‘s approach) or to achieve a
minimum standard of living.
Since data on income was difficult to collect, India used regular (five-yearly) consumption
expenditure surveys (which showed how much people were spending on consumption).
Based on this data, several expert committees — led by D T Lakdawala (1993), Suresh Tendulkar
(2009), and C Rangarajan (2014) — drew a ―poverty line‖. The line is the level of consumption
expenditure (stated in rupees) that divides those who are poor from those who are not.
India‘s last official poverty statistics are from 2011. The data have not been updated because the
government junked the consumption expenditure survey of 2017-18. That survey showed a decline
in rural consumption and, as such, pointed to an increase in abject poverty.
Several economists have tried to work around the absence of consumption data — by using NFHS
data or data from the think tank Centre for Monitoring Indian Economy (CMIE) — and provided
estimates of poverty. But the uncertainty around the data continues to undermine a wide-ranging
debate.
Does the reduction in poverty add to India‘s middle class?
There is no official definition of the middle class in India. It is, therefore, difficult to say whether
those who escape poverty necessarily join the middle class, or to what extent.
Estimates of India‘s middle class provided by private research organisations peg the middle class
at income levels that are considerably higher than those of the people who are coming out of
poverty.
For instance, in a report, ‗The rise of India‘s middle class‘, published in July, People Research on
India‘s Consumer Economy (PRICE) divided all households into four categories: Destitutes,
Aspirers, Middle Class and Rich. ―…Households which are classified as Middle Class have an
annual income in the range of Rs. 5 lakh to Rs. 30 lakh (at 2020-21 prices),‖ the report said.
Destitute households were those with an annual income less than Rs. 1.25 lakh.
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According to PRICE‘s survey, as of 2021, out of a population of 1,416 million, 196 million Indians
were categorised as ‗Destitutes‘, 432 million were the ‗Middle Class‘, and 732 million were
‗Aspirers‘.
Poverty Estimation
A common method used to estimate poverty in India is based on the income or consumption levels
and if the income or consumption falls below a given minimum level, then the household is said to
be Below the Poverty Line (BPL).
Poverty Line Calculation
Poverty estimation in India is now carried out by NITI Aayog‘s task force through the calculation
of poverty line based on the data captured by the National Sample Survey Office under the
Ministry of Statistics and Programme Implementation (MOSPI).
NITI Aayog as a policy think tank has replaced Planning Commission, which was earlier
responsible for calculating the poverty line in India.
Consumption Versus Income Level: Poverty line estimation in India is based on the consumption
expenditure and not on the income levels because of the following reasons:
Variation in Income: Income of self-employed people, daily wage laborers etc. is highly variable both
temporally and spatially, while consumption pattern are comparatively much stable.
Additional Income: Even in the case of regular wage earners, there are additional side incomes in many
cases, which is difficult to take into account.
Data Collection: In case of consumption based poverty line, sample based surveys use a reference
period (say 30 days) in which households are asked about their consumption of last 30 days and is taken
as the representative of general consumption.
Whereas tracing the general pattern of income is not possible.
Reference Period: It is the duration/period during which the survey is conducted by NSSO workers in
which they ask certain questions to households.
Need for Poverty Estimation
Impact of Welfare Schemes: Poverty estimates are not just important for academic purposes but are
also crucial to track the impact and success of various government policies, especially social welfare
schemes that are intended to eliminate poverty.
BPL Census is conducted by the Ministry of Rural Development (along with the partnership of state), in
order to identify the poor households.
Poverty Elimination Plan: The Poverty estimates in the form of poverty line are used to formulate poor
centric poverty elimination plans.
Constitutional Requirement: Poverty estimation paves the way for poverty elimination, that in turn
prepares the ground for a just and equitable society.
Absolute Measurement of Poverty
Absolute Poverty: According to United Nations World Summit for Economic Development, absolute
poverty is a condition characterized by severe deprivation of basic human needs, including food, safe
drinking water, sanitation facilities, health, shelter, education and information.
It depends not only on income but also on access to social services.
Poverty Threshold: The poverty threshold in absolute measurement of poverty is set using the
monetary value of the basket of essential products (required for basic needs) and every household whose
income is less than this value will be classified as poor.
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Limited Scope: Absolute measurements of poverty, used by the World Bank and developing countries
like India, rely on a poverty line which remains constant across geographies and over time.
Relative Measurement of Poverty
Relative Poverty: It is present when a household income is lower than the median income in a
particular country and is used mainly by the developed countries.
Those who fall into the category of relative poverty are not necessarily deprived of all basic needs, but
may not experience the same standard of living as the majority of society or in other words, they are
relatively deprived.
Poverty Threshold: In this method certain percentage of economically bottom population is always
considered below the poverty line.
Data Collection Methods
Uniform Resource Period (URP): Up until 1993-94, the poverty line was based on URP data, which
involved asking people about their consumption expenditure across a 30-day recall period that is the
information was based on the recall of consumption expenditure in the previous 30 days.
Mixed Reference Period (MRP): From 1999-2000 onwards, the NSSO switched to an MRP method
which measures consumption of five low-frequency items (clothing, footwear, durables, education and
institutional health expenditure) over the previous year, and all other items over the previous 30 days.
That is to say, for the five items, survey respondents are asked about consumption in the previous one
year. For the remaining items, they are asked about consumption in the previous 30 days.
Pre-Independence Poverty Estimation
Dadabhai Naoroji through his book, ―Poverty and Unbritish Rule in India‖ made the earliest
estimation of poverty line (₹16 to ₹35 per capita per year).
The poverty line proposed by him was based on the cost of a subsistence or minimum basic diet
(rice or flour, dal, mutton, vegetables, ghee, vegetable oil, and salt).
National Planning Committee‘s (1938) poverty line (ranging from ₹15 to ₹20 per capita per
month) was also based on a minimum standard of living perspective in which nutritional
requirements were implicit.
In 1938, the National Planning Committee was set up by Subhash Chandra Bose under the
chairmanship of Jawaharlal Nehru for the purpose of drawing up an economic plan with the
fundamental aim to ensure an adequate standard of living for the masses.
The Bombay Plan (1944) proponents had suggested a poverty line of ₹75 per capita per year.
The Bombay Plan was a set of a proposal of a small group of influential business leaders in
Bombay for the development of the post-independence economy of India.
Post-Independence Poverty Estimation
Planning Commission Expert Group (1962), working group constituted by the Planning Commission
formulated the separate poverty lines for rural and urban areas (₹20 and ₹25 per capita per year
respectively).
VM Dandekar and N Rath (1971), made the first systematic assessment of poverty in India, based on
National Sample Survey (NSS) data.
Unlike previous scholars who had considered subsistence living or basic minimum needs criteria as the
measure of poverty line, VM Dandekar and N Rath were of the view that poverty line must be derived
from the expenditure that was adequate to provide 2250 calories per day in both rural and urban areas.
Expenditure based Poverty line estimation, generated a debate on minimum calorie consumption norms.
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Alagh Committee (1979)
Task force constituted by the Planning Commission under the chairmanship of YK Alagh, constructed a
poverty line for rural and urban areas on the basis of nutritional requirements and related consumption
expenditure.
Poverty estimates for subsequent years were to be calculated by adjusting the price level for inflation.
Recommendations
Shift from Calorie Consumption based Poverty Estimation: It based its calculations on the
consumption of the items like cereal, pulses, milk, edible oil, non-vegetarian items, vegetables, fresh
fruits, dry fruits, sugar, salt & spices, other food, intoxicants, fuel, clothing, footwear, education,
medical (non-institutional and institutional), entertainment, personal & toilet goods.
Uniform Poverty line Basket: Unlike Alagh committee (which relied on separate PLB for rural and
urban areas), Tendulkar Committee computed new poverty lines for rural and urban areas of each state
based on the uniform poverty line basket and found that all India poverty line (2004-05) was:
₹446.68 per capita per month in rural areas
₹578.80 per capita per month in urban areas
Private Expenditure: Incorporation of private expenditure on health and education while estimating
poverty.
Price Adjustment Procedure: The Committee also recommended a new method of updating poverty
lines, adjusting for changes in prices and patterns of consumption (to correct spatial and temporal issues
with price adjustment), using the consumption basket of people close to the poverty line.
Mixed Reference Period: The Committee recommended using Mixed Reference Period based
estimates, as opposed to Uniform Reference Period based estimates that were used in earlier methods for
estimating poverty.
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Tendulkar committee computed poverty lines for 2004-05 at a level that was equivalent, in Purchasing
Power Parity (PPP) terms to Rs. 33 per day.
Purchasing Power Parity: The PPP model refers to a method used to work out the money that would
be needed to purchase the same goods and services in two countries.
Rangarajan Committee
The committee was set up in the backdrop of national outrage over the Planning Commission‘s
suggested poverty line of ₹22 a day for rural areas.
To review international poverty estimation methods and indicate whether based on these, a
particular method for empirical poverty estimation can be developed in India.
To recommend how these estimates of poverty can be linked to eligibility and entitlements under
the various schemes of the Government of India.
Recommendations
Methodology Used: The Rangarajan committee estimation is based on an independent large survey of
households by Center for Monitoring Indian Economy (CMIE).
It has also used different methodology wherein a household is considered poor if it is unable to save.
Normative and Behavioural level: Poverty line should be based on:
Normative level of adequate nutrition: Ideal and desirable level of nutrition.
Behavioral determination of non-food expenses: What people use or consume as per general
behavior.
Nutritional Requirement: For normative levels of adequate nutrition – average requirements of
calories, proteins and fats based on Indian Council of Medical Research (ICMR) norms, differentiated
by age, gender and activity for all-India rural and urban regions is considered:
Calories: 2090 kcal in urban areas and 2155 Kcal in rural areas.
Protein: For rural areas 48 gm and for urban areas 50 gm.
Fat: For urban areas 28 gm and for rural areas 26 gm.
Poverty Threshold
Persons spending below ₹47 a day in cities and ₹32 in villages be considered poor.
Based on this methodology, Rangarajan committee estimated that the number of poor were 19%
higher in rural areas and 41% more in urban areas than what was estimated using Tendulkar
committee formula.
Modified Mixed reference period: Instead of Mixed reference Period (MRP) it recommended
Modified Mixed Reference Period (MMRP) in which reference periods for different items were
taken as:
365-days for clothing, footwear, education, institutional medical care, and durable goods.
7-days for edible oil, egg, fish and meat, vegetables, fruits, spices, beverages, refreshments,
processed food, pan, tobacco and intoxicants
30-days for the remaining food items, fuel and light, miscellaneous goods and services including
non-institutional medical; rents and taxes.
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QUESTIONS
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The book advises against using adjectives such as ―dutiful‖, ―faithful‖ and ―obedient‖ for a
―wife‖; replaces ―housewife‖ with ―homemaker‖, an ―affair‖ with a ―relationship outside
marriage‖, ―prostitute‖ with ―sex worker‖, and the troublingly euphemistic ―eve-teasing‖ with the
more accurate ―street sexual harassment‖.
The handbook, a digital copy of which was uploaded to the Supreme Court website, also emphasises on
veering away from terms such as ―adulteress‖, ―concubine‖ or ―mistress‖. In case of children or
juveniles, the glossary lists out words ranging from the demeaning ―bastard‖ to making
suggestions such as someone is of ―marriageable age‖.
―The handbook aims to assist judges and the legal community in identifying, understanding and
combating stereotypes about women,‖ CJI Chandrachud wrote in the foreword to the book. While this
handbook is not mandatory for judges and lawyers to follow, the CJI underlined the need for having one.
―Relying on predetermined stereotypes in judicial decision-making contravenes the duty of judges to
decide each case on its merits, independently and impartially. In particular, reliance on stereotypes about
women is liable to distort the law‘s application to women in harmful ways‖.
The handbook states, ―If harmful stereotypes are relied on by judges, it can lead to a distortion of
the objective and impartial application of the law. This will perpetuate discrimination and exclusion.
―The intention is not to criticise or cast doubt on past judgements but merely to show how stereotypes
may unwittingly be employed.‖ ―If a judge relies on preconceived assumptions about people or
groups when deciding cases or writing judgements, the harm caused can be enormous.
Stereotypes impact the impartiality and the intellectual rigour of judicial decisions where they
cause judges to ignore or bypass the requirement of law or distort the application of the law vis-à-
vis specific persons or groups,‖ the handbook added.
The Supreme Court said that the ―groundbreaking initiative‖ is aimed at fulfilling the judiciary‘s
goal of eradicating ―preconceived gender stereotypes‖ from judicial discourse, especially those
concerning women.
The handbook also identified reasoning patterns that can cloud judgments, listing out stereotypes based
on ―inherent characteristics‖ of women, perpetuated gender roles, and notions based on sex or sexual
violence.
Some of the reasonings that can cloud judgments, the book said, includes all women want to have
children; women are overly emotional and cannot take decisions; women ought to be submissive or
subordinate to men; wives should do all household chores and look after her husband‘s parents; women
who are homemakers do not contribute to household; and working women do not care about their
children.
The list also addresses why the thinking about women‘s attire, and habits such as smoking or drinking,
cannot become a contributing factor in sexual crimes and a defence for persons accused of such crimes.
―The clothing or attire of a woman neither indicates that she wishes to engage in sexual relations nor is it
an invitation to touch her.... their choice of clothing represents a form of self-expression that is
independent of questions of sexual relations,‖ the handbook said.
The book also condemned the idea of the marriage of the victim with her rapist as a way to undo the
offence of rape.
―The marriage of the rapist to the survivor / victim does not restore honour.
Rather, it intensifies the trauma faced by the survivor / victim and encourages the rapist to engage in
further violence. Marriage is not a remedy to the violence of rape,‖.
The exhaustive compilation was possible due to the brainstorming done by a subcommittee of the
Supreme Court‘s e-Committee which includes high court justices Moushumi Bhattacharya and
Pratibha Singh, and professor Jhuma Sen, the document said.
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Senior advocate Rebecca M John said, ―Gender stereotyping happens all the time.
We had appalling language used against women in judgments. It is good to have a glossary which is
pretty broad-based.
Coming from CJI, this may help judges to steer away from using language which stereotypes women.
Though it is a good start, but for stereotyping of women to end, it will require more than just a
handbook.‖
Emerging Technologies helpful in the transformation of the Judicial System
E-filing of Cases
The use of e-filing can make the process of filing cases faster, more efficient, and cost-effective. E-filing
can help in reducing the time taken for filing, improve data accuracy, and eliminate the need for physical
presence in court.
For example, the e-filing portal of the Supreme Court of India enables lawyers and litigants to file cases
and access case records online.
Data Security
With the increasing amount of sensitive data being collected by the judicial system, it is crucial to ensure
that this data is kept secure.
Any data breaches could compromise the integrity of the justice system and undermine public trust.
Discrimination
Emerging technologies such as Artificial Intelligence (AI) may inadvertently perpetuate bias and
discrimination if the algorithms used are not designed with care. There is also the risk that these
technologies could amplify existing biases and inequalities in the justice system.
Lack of Understanding
Many legal professionals may not have the technical expertise required to fully understand the
capabilities and limitations of emerging technologies.
This could lead to misunderstandings about how these technologies should be applied and result in
ineffective or inappropriate use.
Concerns
The use of emerging technologies could potentially violate privacy rights.
For example, facial recognition technology could be used to identify individuals without their consent,
and there is a risk that this technology could be misused by law enforcement or other organizations.
Expenses
The implementation of emerging technologies can be expensive, and the judicial system may not have
the resources to invest in these technologies.
This could limit the potential benefits that these technologies could bring to the justice system.
Accessibility
The judicial system must ensure that emerging technologies do not create barriers to accessibility for
individuals with disabilities or those with limited access to technology.
Ethical Considerations
Emerging technologies can have ethical implications, and the judicial system needs to ensure that these
technologies are being used in a way that is consistent with ethical standards.
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Money for E Courts and Supreme Court
In February this year, the Union Budget had announced the launch of phase three of the e-courts
project with an outlay of ₹7,000 crore while the first two phases of the project were planned and
executed with an overall budget of ₹639.411 crore and ₹1,670 crore, respectively.
In his Independence Day address, Chief Justice Chandrachud said the Phase III of the e-Courts
project sought to inter-link courts across the country besides setting up the infrastructure of
paperless court, digitisation of court records, and setting up advanced e-sewa kendras in court
complexes.
The success of virtual courts and the necessity, witnessed during the pandemic, of embracing
technology in efficient justice administration had triggered the rise in the budget for the third
phase of the project.
The Policy and Action Plan document of the e-committee of the Supreme Court headed by Chief
Justice Chandrachud had described the e-court plan as a ―integrated mission mode project‖ to
help in the judiciary‘s efforts to ―transform itself by implementing tools and means of Information
and Communication Technology (ICT)‖.
The e-courts project has been under implementation since 2007 for the judiciary based on the
‗National Policy and Action Plan for Implementation of Information and Communication
Technology in Indian Judiciary‘, prepared by the eCommittee of Supreme Court in 2005 and
approved by the CJI.
According to the vision document draft ‗Digital Courts Vision & Roadmap Phase III of the
eCourts Project‘ prepared by the Supreme Court e-committee, phase three should prioritise ―the
creation of a core digital infrastructure that can enable the development of services for dispute
resolution by the judiciary and services of solutions for dispute containment and resolution by the
ecosystem‖.
The e-courts project aims for a pragmatic approach behind the development of a hybrid model,
allowing for both physical and virtual courts to co-exist.
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The Supreme Court replaced the Judicial Committee of the Privy Council as the highest court of
appeal since 28 January 1950, two days after India was declared a republic.
With the Indian Constitution granting it far-reaching authority to initiate actions, exercise
appellate authority over all other courts in the country with the power to review constitutional
amendments, India‘s Supreme Court is regarded as one of the most powerful supreme courts in
the world.
In 1861, the Indian High Courts Act 1861 was enacted to create high courts for various provinces
and abolish Supreme Courts at Calcutta, Madras and Bombay and also the sadar adalats in
presidency towns in their respective regions.
These new high courts had the distinction of being the highest courts for all cases till the creation
of the Federal Court of India under the Government of India Act 1935.
The Federal Court had the jurisdiction to solve disputes between provinces and federal states and
hear appeals against judgement of the high courts.
The first CJI of India was H. J. Kania.
The Supreme Court of India came into existence on 28 January 1950.
It replaced both the Federal Court of India and the Judicial Committee of the Privy Council,
which were then at the apex of the Indian court system.
The first proceedings and inauguration, however, took place on 28 January 1950 at 9:45 am, when
the judges took their seats; which is thus regarded as the official date of establishment.
The Supreme Court initially had its seat at the Chamber of Princes in the parliament building
where the previous Federal Court of India sat from 1937 to 1950.
In 1958, the Supreme Court moved to its present premises.
Originally, the Constitution of India envisaged a supreme court with a chief justice and seven
judges; leaving it to Parliament to increase this number. In its formative years, the Supreme
Court met from 10 to 12 in the morning and then from 2 to 4 in the afternoon for 28 days per
month.
The emblem of the Supreme Court represents the Lion capital of Ashoka at Sarnath, with a
topmost wheel featuring 32 spokes.
QUESTIONS
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