UPSC Prelims 2021 Polity PDF

IAS BA BA RAPID REVISION SERIES High Probable Topics for UPSC Prelims 2021 (Current Affairs + Static Portion) Part 1 Polity Make the...

IAS BA BA RAPID REVISION SERIES High Probable Topics for UPSC Prelims 2021 (Current Affairs + Static Portion) Part 1 Polity Make the best use of this document by combining free explanation videos of these topics, Current Affairs Quiz, Static Quiz, CSAT Quiz, & 3 Full Mocks on rrs.iasbaba.Com (A Free Initiative targeting UPSC PRELIMS 2021)  IASBA BA'S RAPID REVISION (RaRe) SERIES - UPSC 2021 RaRe Notes DAY 1 - POLITY #RaRebaba www.rrs.iasbaba.com  Day 01 IASBaba’s Rapid Revision Series (RaRe) Topics Coverage: Historical Background: Basics COMPANY RULE (1773–1858) 1. Regulating Act 2. Pitt’s India Act 3. Charter Acts CROWN RULE (1858–1947) 4. Government of India Act 1858 5. Indian Council Acts 6. Government of India Acts 7. Indian Independence Act 8. Objective Resolutions 9. Salient features borrowed from different Constitution 10. Schedules of the Constitution www.iasbaba.com Contact: 91691 91888 1|Page  Day 01 IASBaba’s Rapid Revision Series (RaRe) Historical Background [Basics] 1600 British came to India and East India Company (EIC) had purely trading functions 1765 East India Company obtained 'diwani rights' Shah Alam granted these rights after losing the Battle of Buxar against East India Company 1773 - 1858 Company Rule 1857 Revolt of 1857 or First War of Independence or the ‘sepoy mutiny’ 1858 - 1947 Crown Rule Try to remember 3 Acts under these two rules: COMPANY RULE (1773–1858) CROWN RULE (1858–1947) 1. Regulating Act 1. Government of India Acts 2. Pitt’s India Act 2. Indian Council Acts 3. Charter Acts 3. Indian Independence Act Topic 1: Regulating Act of 1773 Key points: 1. It was the first step taken by the British Government to control and regulate the affairs of the EIC in India. 2. First time, British government recognised the political and administrative functions of the EIC. 3. British government laid the foundations of central administration in India. Features of the Act: 1. The Act designated the Governor of Bengal as the ‘Governor-General of Bengal’ and created an Executive Council of four members to assist him. 2. Governor of Bengal was made ‘Governor-General of Bengal’ and governors of Bombay and Madras presidencies were made his subordinates. www.iasbaba.com Contact: 91691 91888 2|Page  Day 01 IASBaba’s Rapid Revision Series (RaRe) 3. The Act provided for establishment of the Supreme Court (1774). 4. The Act prohibited servants of EIC from engaging in any private trade or accepting bribes and gifts from native. 5. The Court of Directors should report all affairs to British government. Topic 2: Pitt’s India Act of 1784 Features of the Act: 1. The Act distinguished commercial and political functions of the EIC. 2. Court of Directors to look after commercial functions only and a new body, Board of Control (BOC) will take care of political functions. (“system of double government”) 3. Company’s territories in India were for the first time called the ‘British possessions in India’ 4. British Government was given the supreme control over Company’s affairs and its administration in India. Topic 3: Charter Acts Features of Charter Act of 1833 1. This Act was the final step towards centralisation in British India. 2. It made the Governor-General of Bengal as the Governor-General of India and vested in him all civil and military powers. 3. Thus, the act created, for the first time, a Government of India having authority over the entire territorial area possessed by the British in India. 4. This Act ended all the activities of the East India Company as a commercial body. 5. Charter Act of 1833 attempted to introduce a system of open competition for selection of civil servants (including Indians). However, this provision was negated. Features of Charter Act of 1853 1. Legislative and executive functions of the Governor- General’s council were separated for the first time. 2. It established a separate Governor-General’s legislative council which came to be known as the Indian (Central) Legislative Council. 3. It introduced, for the first time, local representation in the Indian (Central) Legislative Council. www.iasbaba.com Contact: 91691 91888 3|Page  Day 01 IASBaba’s Rapid Revision Series (RaRe) 4. Introduced an open competition system of selection and recruitment of civil servants (open to Indians also) 5. It extended the Company’s rule and allowed it to retain the possession of Indian territories on trust for the British Crown. Topic 4: Government of India Act of 1858 (or Act for the Good Government of India) Features of the Act: 1. This Act abolished the East India Company, and transferred the powers of government, territories and revenues to the British Crown. 2. The Company Rule was ended in 1858. The Crown Rule began. 3. The designation GGI was changed to Viceroy of India (VOI). 4. It ended the ‘system of double government’ and it created new office “Secretary of State for India” (SOS). 5. It created a 15-member Council of India to assist the secretary of state (SOS). 6. It did not alter in any substantial way the system of government that prevailed in India. Topic 5: Indian Councils Act of 1861, 1892 and 1909 Features of Indian Councils Act of 1861 1. This Act made a beginning of representative institutions -- it associated Indians with the law-making process. 2. The Act provided that VOI should nominate some Indians as non-official members of his expanded legislative council. 3. Process of decentralization was initiated: Legislative powers (legislative devolution) were restored to Bombay and Madras Presidencies. 4. It thus reversed the centralising tendency that started from the Regulating Act of 1773. 5. It also provided for the establishment of new legislative councils for Bengal, North-Western Frontier Province (NWFP) and Punjab 6. ‘Portfolio’ system was introduced by Lord Canning – i.e. Indian Councils Act (ICA) 1861 transformed the VOI's executive council into a cabinet run on the portfolio system. Therefore, 6 members in the executive council took charge of separate departments. www.iasbaba.com Contact: 91691 91888 4|Page  Day 01 IASBaba’s Rapid Revision Series (RaRe) 7. Ordinance making power: The Act empowered the VOI to make ordinance during an emergency. However, the life of such an ordinance was 6 months. Features of Indian Councils Act of 1892 1. Number of additional Indian (non-official) members in the Central and provincial legislative councils were increased. However still the official majority were non-Indians. 2. Functions of legislative councils were increased and gave them the power of discussing the budget and addressing questions to the executive. 3. Nomination made on the recommendation: Certain bodies like governors of provinces, Universities, zamindars and chambers could now recommend Indians for the nomination of non-official members. 4. The act made a limited and indirect provision for the use of election in filling up some of the nonofficial seats both in the Central and provincial legislative councils. However, the word “election” was, not used in the act. Features of Indian Councils Act of 1909: (Morley-Minto Reforms) 1. Increased the size of Legislative Councils (both central and provincial) from 16 to 60 2. It retained official majority in the Central Legislative Council but allowed the provincial legislative councils to have Indian non-official majority. 3. Increased the functions of Legislative councils at both levels. Members were allowed to ask supplementary questions, move resolutions on the budget, and so on. 4. It provided (for the first time) for the “association of Indians with the executive Councils” of the Viceroy and Governors. 5. ICA 1909 introduced a system of communal representation for Muslims -- concept of ‘separate electorate’. (Lord Minto came to be known as the Father of the Communal Electorate.) Topic 6: Government of India Act Features of Government of India Act of 1919 (Montagu-Chelmsford Reforms) 1. Demarcation of separate central and provincial subjects: Central and provincial legislatures can make laws on their respective list of subjects. www.iasbaba.com Contact: 91691 91888 5|Page  Day 01 IASBaba’s Rapid Revision Series (RaRe) 2. Transferred and Reserved Subjects: Provincial subjects were further divided into two parts - transferred and reserved subjects. o Transferred subjects were to be administered by the governor with the aid of ministers responsible to the legislative Council o Reserved subjects, on the other hand, were to be administered by the governor and his executive council without being responsible to the legislative Council 3. Dyarchy or double rule: This dual scheme of governance was known as ‘dyarchy’ — which means double rule. 4. Upper House and Lower House: First time, bicameralism and direct elections in the country were introduced. (only at Centre) 5. Three of the six members of the Viceroy’s executive Council should be Indian. 6. Extended communal representation or separate electorate to Sikhs, Indian Christians, Anglo-Indians and Europeans. 7. It granted franchise to a limited number of people on the basis of property, tax or education. 8. It created a new office of the High Commissioner for India in London and transferred to him some of the functions hitherto performed by the Secretary of State for India. 9. It provided for the establishment of a public service commission (Hence, a Central Public Service Commission was set up in 1926 for recruiting civil servants.) 10. It separated, for the first time, provincial budgets from the Central budget and authorised the provincial legislatures to enact their budgets. 11. It provided for the appointment of a statutory commission to inquire into and report on its working after ten years of its coming into force. Features of Government of India Act of 1935 1. The Act intended to bring completely responsible government in India 2. It provided for the establishment of an All-India Federation consisting of provinces and princely states as units. (However, the federation never came into being as the princely states did not join it.) 3. Act divided powers – Central list, Provincial list and Concurrent list; Residue powers to Governor 4. Abolished ‘dyarchy’ in the provinces and introduced ‘provincial autonomy’ in its place. 5. Act introduced responsible governments in provinces (i.e. governor was required to act with the advice of ministers responsible to the provincial legislature) – was in operation only from 1937-1939 www.iasbaba.com Contact: 91691 91888 6|Page  Day 01 IASBaba’s Rapid Revision Series (RaRe) 6. It provided for the adoption of dyarchy at the Centre à i.e. Federal subjects be divided into ‘transferred’ and ‘reserved’ – But this also never came into operation 7. It introduced bicameralism in six out of eleven provinces. 8. Extended separate electorates for depressed classes (scheduled castes), women and labour (workers) 9. Abolished the Council of India (which was estd in GOI, 1958 to assist SOS). SOS was provided with team of advisors 10. Establishment of a Reserve Bank of India to control the currency and credit of the country 11. Federal PSC + Provincial PSC (on lines of UPSC + SPSC) 12. Establishment of a Federal Court (in 1937) Topic 7: Indian Independence Act of 1947 Features of the Act: 1. It ended the British rule in India and declared India as an independent and sovereign state from August 15,1947 2. It provided for the partition of India 3. It abolished the office of viceroy and SOS. British government will have no responsibility with respect to the Government of India or Pakistan. 4. It empowered the Constituent Assembly to frame and adopt the Constitution and to repeal any act of the British Parliament, including the Independence act itself. 5. It proclaimed the lapse of British paramountcy over the Indian princely states and treaty relations with tribal areas from August 15,1947. 6. It granted freedom to the Indian princely states either to join the Dominion of India or Dominion of Pakistan or to remain independent. 7. It designated the Governor-General of India and the provincial governors as constitutional (nominal) heads of the states. They were made to act on the advice of the respective council of ministers in all matters. Topic 8: Objective Resolutions: It was moved by J. Nehru in 1946. www.iasbaba.com Contact: 91691 91888 7|Page  Day 01 IASBaba’s Rapid Revision Series (RaRe) It defined the aims of the Constituent Assembly This resolution encapsulated the aspirations and values behind the Constitution. Based on this resolution, our Constitution gave institutional expression to these fundamental commitments: equality, liberty, democracy, sovereignty and a cosmopolitan identity. The Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly. Topic 9: Salient features borrowed from different Constitution: The Constitution of India has several salient features that are borrowed from the constitutions of other countries. www.iasbaba.com Contact: 91691 91888 8|Page  Day 01 IASBaba’s Rapid Revision Series (RaRe) Topic 10: Schedules of the Constitution Followings are the schedules in Constitution of India First Names of the States and their territorial jurisdiction. Schedule Names of the Union Territories and their extent. Second Salary and allowances of President, Governors, Speakers and Chairman, Schedule Judges of Supreme Court and High Court, Comptroller and Auditor General Third Forms of Oaths or Affirmations Schedule Fourth Allocation of seats in the Rajya Sabha to the states and the union Schedule territories. Fifth Administration and control of scheduled areas and tribes Schedule Sixth Provisions relating to the administration of tribal areas in the states of Schedule Assam, Meghalaya, Tripura and Mizoram Seventh Division of powers Schedule o Union List (for central Govt) 97 Subjects. o States List (for State Govt) 59 subjects o Concurrent List (for both Union and States) 52 subjects. www.iasbaba.com Contact: 91691 91888 9|Page Day 01 IASBaba’s Rapid Revision Series (RaRe) Eighth List of 22 languages of India recognized by Constitution Schedule They are: 1. Assamese, 2. Bengali, 3. Bodo, 4. Dogri (Dongri), 5. Gujarati, 6. Hindi, 7. Kannada, 8. Kashmiri, 9. Konkani, 10. Mathili (Maithili), 11. Malayalam, 12. Manipuri, 13. Marathi, 14. Nepali, 15. Odia, 16. Punjabi, 17. Sanskrit, 18. Santhali, 19. Sindhi, 20. Tamil, 21. Telugu and 22. Urdu. Sindhi was added by the 21st Amendment Act of 1967; Konkani, Manipuri and Nepali were added by the 71st Amendment Act of 1992; and www.iasbaba.com Contact: 91691 91888 10 | Page Day 01 IASBaba’s Rapid Revision Series (RaRe) Bodo, Dongri, Maithili and Santhali were added by the 92nd Amendment Act of 2003. Oriya was renamed as ‘Odia’ by the 96th Amendment Act of 2011. Ninth Contains Acts and Regulations dealing with land reforms and abolition of Schedule the zamindari system. This schedule was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights. However, in 2007, the Supreme Court ruled that the laws included in this schedule are now open to judicial review. Tenth Added by 52nd amendment in 1985. Contains provisions of Schedule disqualification of grounds of defection Eleventh By 73rd amendment in 1992. Contains provisions of Panchayati Raj. Schedule Twelfth By 74th amendment in 1992. Contains provisions of Municipal Schedule Corporation. www.iasbaba.com Contact: 91691 91888 11 | Page  IASBA BA'S RAPID REVISION (RaRe) SERIES - UPSC 2021 RaRe Notes DAY 2 - POLITY #RaRebaba www.rrs.iasbaba.com  Day 02 IASBaba’s Rapid Revision Series (RaRe) Topics Coverage: 11. About Preamble 12. Important key words in the Preamble 13. 42nd Constitutional Amendment, 1976 14. Fundamental Rights 15. Important Supreme Court Judgements dealing with FRs 16. Domicile based reservation 17. 103rd Constitution Amendment Act 18. Mandal Commission, Rohini Commission and Article 340 19. 102nd Constitution Amendment Act 20. Difference between Law and Order and Public Order www.iasbaba.com Contact: 91691 91888 1|Page  Day 02 IASBaba’s Rapid Revision Series (RaRe) Topic 11: Preamble of the Constitution Key points: 1. Preamble gives an insight into the Philosophy of the Constitution. 2. Preamble is the modified version of the ‘Objectives Resolution’ that was moved by Jawaharlal Nehru. 3. Berubari's case 1960 - Supreme Court held that "Preamble if NOT a part of the constitution” 4. Kesavananda Bharti case 1973 - Supreme Court ruled that “Preamble is a part of the constitution and can be amended” Two important things should be noted: 1. The Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature. 2. It is non-justiciable, that is, its provisions are not enforceable in courts of law. The Preamble, in brief, explains the objectives of the Constitution in two ways: (i) one, about the structure of the governance and (ii) the other, about the ideals to be achieved in independent India. www.iasbaba.com Contact: 91691 91888 2|Page  Day 02 IASBaba’s Rapid Revision Series (RaRe) Topic 12: Important key words in the Preamble Sovereignty Absolute independence Government which is not controlled by any other power A country cannot have its own constitution without being sovereign Socialist This word was not there in the original Preamble 42nd Amendment, 1976 incorporated ‘Socialist’ and ‘Secular’ The word ‘Socialism’ had been used in the context of economic planning. Secularism In India there will be no ‘State’ religion ‘State’ will not support any particular religion out of public fund Every individual is free to believe in, and practice, any religion he/ she belongs to State will not discriminate against any individual or group on the basis of religion Democratic “Republic” - indicates a government by the people and for the people Republic Government is elected by the people, it is responsible and accountable to the people Preamble declares India as a Republic - It means that the head of the State is the President who is indirectly elected and he is not a hereditary ruler as in case of the British Monarch. JUSTICE Justice in the Preamble means social, political and economical justice The ideal of justice—social, economic and political—has been taken from the Russian Revolution (1917). LIBERTY Liberty is the essential requirement of democratic and free society. The term ‘liberty’ means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities. The ideals of liberty, equality and fraternity in our Preamble have been taken from the French Revolution (1789–1799). EQUALITY The Preamble secures to all citizens of India equality of status and opportunity. This provision embraces three dimensions of equality—civic, political and economic. FRATERNITY Fraternity means a sense of brotherhood. (assured by the system of single citizenship) The Preamble declares that fraternity has to assure two things—the dignity of the individual and the unity and integrity of the nation. The term Fraternity is (perhaps) incorporated from the article 1 of Universal Declaration of Human Rights 1948. www.iasbaba.com Contact: 91691 91888 3|Page  Day 02 IASBaba’s Rapid Revision Series (RaRe) Note: (Preamble, concept of Fraternity and Egalitarian state was often in news - Current Affairs) Fraternity concept is important for this year exam. Preamble of the Constitution has been read out in public at several anti-CAA protests across the country and there were calls for upholding Fraternity. Egalitarian state: An egalitarian state is expected to reduce inequalities among citizens and fulfill minimum requirements of all. (due to pandemic induced situation) Importance of public participation - “We the People of India... do hereby adopt, enact, and give to ourselves this Constitution.” Topic 13: 42nd Constitutional Amendment, 1976 Preamble It added 3 new words to the Preamble: 1. SOCIALIST 2. SECULAR 3. INTEGRITY Fundamental Duties PART IV A was added to the Constitution (Article 51 A) Recommendation of the Swaran Singh Committee Directive Principle of Four new directive principles were added State Policy 1. To secure opportunities for healthy development of children (Article 39) 2. Enabling free legal aid Article39A, 3. Protection of workers in factories Article 43A, 4. Protection of environment and to safeguard Forest and Wildlife Article 48A Directive Principles were given precedence over Fundamental Rights and any law made to this effect by the Parliament was kept beyond the scope of judicial review by the Court. Legislature Life of Lok Sabha and State Legislative Assembly was extended from 5 to 6 years. Judiciary Made the constitutional amendments beyond judicial scrutiny. Curtailed the judicial review power of the High Courts. Insertion of Article 32A in order to deny Supreme Court the power to consider the Constitutional validity of a State law. www.iasbaba.com Contact: 91691 91888 4|Page Day 02 IASBaba’s Rapid Revision Series (RaRe) Another new Article 131A, gave the Supreme Court an exclusive jurisdiction to determine question relating to the Constitutional validity of a central law. Provided for the creation of the All-India Judicial Service. Executive Article 74(1) was added, which made the President bound by the advice of the cabinet. Gave special discriminatory powers to the speaker of Lok Sabha and Prime Minister (Article 329A) Federal Insertion of Article 257A, to enable the Centre to deploy armed forces to deal with any grave situation of law and order arising in any State. Empowered the Parliament to make laws to deal with anti-national activities and such laws are to take precedence over Fundamental Rights. Emergency It authorized the President to declare emergency in any part of the country. Articles 323A and Part XIV-A added entitled as ‘Tribunals dealing with Administrative 323B, Part XIV-A matters’ and ‘Tribunals for other matters’ Subjects to Transferred five subjects to Concurrent List from State List, that is, Concurrent List 1. education, 2. forests, 3. weights and measures, 4. protection of wild animals and birds, and 5. administration of justice; constitution and organisation of all courts except the Supreme Court and the high courts. www.iasbaba.com Contact: 91691 91888 5|Page  Day 02 IASBaba’s Rapid Revision Series (RaRe) Topic 14: Fundamental Rights Note: Try to remember according to these divisions. Questions have been asked. www.iasbaba.com Contact: 91691 91888 6|Page  Day 02 IASBaba’s Rapid Revision Series (RaRe) Topic 15: Important Supreme Court Judgements dealing with FRs Right to reservation is No court could ask a state government to provide reservation not a FR Right to protest is FR Right to protest peacefully without arms is FR under Article 19 (1)(b) Public spaces cannot be occupied indefinitely by protesters Right to Internet is FR Under Article 19 of the Constitution Article 19(1)(g) to practise any profession, or to carry on any occupation, trade or business. Suspension on internet should not be for indefinite period and must follow Proportionality Test. It was not elevated to the status of a human right. In India, Kerala had become the first state in 2017 to declare access to Internet "a basic human right". Right to Live-in Supreme Court validated live-in relations; granted individuals Relationships is FR freedom to live as they think best. www.iasbaba.com Contact: 91691 91888 7|Page  Day 02 IASBaba’s Rapid Revision Series (RaRe) ‘Living together is a right to life’ (under Article 21) Right to information ‘Right to Know’ provided under the Right To Information Act is FR 2005 (RTI Act) is FR under Article 19 and 21 Rights defined under Article 30 doesn't prevent the State from imposing Article 30 are not reasonable regulations to make administration of minority absolute institutions transparent. Topic 16: Domicile based reservation Article 16(2) It guarantees equal treatment under law in matters of public employment, prohibits the state from discriminating on grounds of place of birth or residence Article 16(3) It provides an exception by saying that Parliament may make a law “prescribing” a requirement of residence for jobs in a particular state. Article 16(4) “Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.” Article 371 Some states also have special protections under Article 371. Andhra Pradesh under Section 371(d) has powers to have “direct recruitment of local cadre” in specified areas. Topic 17: 103rd Constitution Amendment Act Key pointers: It provides for 10% reservation in government jobs and educational institutions for the economically weaker section in the unreserved category. The Act amends Article 15 and 16 to provide for reservation based on economic backwardness. For the purposes of this article 15 and article 16, "economically weaker sections" to be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage. Important points: The new clause (6) to Article 15 allows the government to carve reservation for the economically weaker sections of society in higher educational institutions, including private ones, whether they are aided or not by the State. Minority educational institutions are exempted. Likewise, the new clause (6) to Article 16 provides for quota for economically deprived sections in the initial appointment in government services. Indra Sawhney case (1992) Nine-judge Bench had fixed limit of 50% reservation ceiling Judgment also had barred reservation solely on economic criterion www.iasbaba.com Contact: 91691 91888 8|Page  Day 02 IASBaba’s Rapid Revision Series (RaRe) Do you know? Article 46 asks the government to promote the educational and economic interests of the weaker sections of the society. Topic 18: Mandal Commission, Rohini Commission and Article 340 Article 340 President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes. Role of the Commission to make recommendations as to the steps that Commission should be taken by the Union or any State to remove difficulties and improve their conditions. Commission should present report to President. President shall present such report with a memorandum explaining the action taken thereon to be laid before each House of Parliament. Mandal The Socially and Educationally Backward Classes Commission Commission (SEBC), was established in India on 1 January 1979. It deals with reservations for Other Backward Classes (OBCs) in government jobs. Rohini In 2017, President framed a 5 member commission (headed by Commission Former Chief Justice of Delhi, G. Rohini) to explore the topic of sub-categorization of Other Backward Classes (OBC) Topic 19: 102nd Constitution Amendment Act 1. Provided constitutional status to National Commission for Backward Classes 2. NCBC has the authority to examine complaints and welfare measures regarding socially and educationally backward classes. 3. Previously NCBC was a statutory body under the Ministry of Social Justice and Empowerment 4. Indra Sawhney case of 1992 - Supreme Court had directed the government to create a permanent body to entertain, examine and recommend the inclusion and exclusion of various Backward Classes for the purpose of benefits and protection. Structure of NCBC 1. The Commission consists of five members including a Chairperson, Vice-Chairperson and three other Members appointed by the President by warrant under his hand and seal. 2. The conditions of service and tenure of Commission is determined by President. Constitutional Provisions Article 340 It deals with the need to identify the "socially and educationally backward classes", understand the conditions of their backwardness, and make www.iasbaba.com Contact: 91691 91888 9|Page  Day 02 IASBaba’s Rapid Revision Series (RaRe) recommendations to remove the difficulties they face. 102nd CAA Inserted new Articles 338 B and 342 A. Article 338B It provides authority to NCBC to examine complaints and welfare measures regarding socially and educationally backward classes. Article 342 A It empowers President to specify socially and educationally backward classes in various states and union territories. He can do this in consultation with Governor of concerned State. However, law enacted by Parliament will be required if list of backward classes is to be amended. Topic 20: Difference between Law and Order and Public Order The Seventh Schedule of the Constitution distinguishes between ‘police’ and ‘public order’. Supreme Court has made a distinction and emphasised that the two terms are not interchangeable. Law and order consists of the analysis made by police of the situation in an area and their commitment to firm action and penalties under criminal law. Public order is a duty imposed on the District Magistrate to assess whether it is necessary to rush to the spot where law and order has been breached to prevent violence spreading and ease tension. www.iasbaba.com Contact: 91691 91888 10 | Page  IASBA BA'S RAPID REVISION (RaRe) SERIES - UPSC 2021 RaRe Notes DAY 15 - POLITY #RaRebaba www.rrs.iasbaba.com  Day 15 IASBaba’s Rapid Revision Series (RaRe) Topics Coverage: 101. New rules for administration notified in the UT of J&K 102. Difference between 5th and 6th Schedules 103. Autonomous district councils (ADCs) and Rengma tribe 104. Constitutional provisions dealing with Languages and Munshi-Ayyangar formula 105. Unlawful Activities (Prevention) Act 106. Unlawful Activities (Prevention) Amendment Act, 2019 107. Right to Protest and International Covenant on Civil and Political Rights (ICCPR) 108. Sedition 109. National Security Act 110. Section 16 in the Citizenship Act, 1955 www.iasbaba.com Contact: 91691 91888 1|Page  Day 15 IASBaba’s Rapid Revision Series (RaRe) Topic 101: New rules for administration notified in the Union Territory of J&K Key points: Centre has issued new rules under the Jammu and Kashmir Reorganisation Act, 2019. According to the new rules – 1. Police, All-India services and anti-corruption bureau will be under the direct control of the Lieutenant Governor (LG) 2. Any matter which may affect the peace and tranquility of the UT or the interest of any minority community, the SCs/STs and BCs – will be submitted to the lieutenant governor through the chief secretary, under intimation to the chief minister, before issuing any orders 3. Council of ministers headed by the chief minister will decide upon service matters of non-All India Services officers, proposals to impose new taxes, land revenue, sale, grant or lease of government properties, reconstituting departments or offices and draft laws. 4. In case of a difference of opinion between the council of ministers and the lieutenant governor, where no resolution is found for a month, it is the lieutenant governor’s decision that will be deemed to be final. 5. There will be 39 departments in the government of the Union Territory. 6. All communications received from the Centre, including those from the prime minister and other ministers, shall be submitted to the chief secretary, the minister in charge of the matter under consideration, the chief minister and the lieutenant governor. 7. Any matter, which is likely to bring the government of the UT into a controversy with the Centre or a state government, shall, as soon as possible, be brought to the notice of the LG and the chief minister by the secretary concerned through the chief secretary. Topic 102: Difference between 5th and 6th Schedules Why in news? Leaders in Leh are demanding the constitutional safeguards under Sixth Schedule for the Union Territory of Ladakh. Arunachal Pradesh Assembly has passed a resolution to bring the state under the ambit of Sixth Schedule of the Constitution. www.iasbaba.com Contact: 91691 91888 2|Page Day 15 IASBaba’s Rapid Revision Series (RaRe) Schedule V Schedule VI Area (Scheduled Area) Assam Meghalaya Mizoram Tripura covered North Khasi Hills, Chakma, Tribal Notified districts or parts Cachar Areas in thereof in 10 States: Hills, Jaintiya Mara and Tripura Hills and 1. Himachal Pradesh, Karbi Lai 2. Rajasthan, Anglong Garo Hills districts 3. Gujarat, and 4. Maharashtra, 5. Andhra Pradesh, the 6. Telangana, Bodoland 7. Odisha, Territorial 8. Jharkhand, Area 9. Chhattisgarh and 10. Madhya Pradesh There is a separate regional council for each autonomous district. Constitution Article 244 Article 244A Article Under this article, an area of Formation of an autonomous State comprising India, can be declared by the certain tribal areas in Assam and creation of local President as schedule areas legislature or Council of Ministers or both, therefore. It deals with provision for the constitution of a Tribes It deals with provision for the constitution of Advisory Council Autonomous District (under the executive authority of the state concerned). Functions of The Governor has the power The power to organise and reorganise the tribal President/ to adapt laws passed by areas as autonomous districts lie with the Governor Parliament and State governor of the state. He can also alter the name, legislature in such a way that boundary of such tribal areas. it suits these areas. One autonomous district can have different He enjoys the power to tribes, which for better administration is divided modify, annul or limit the into autonomous regions by the governor. application of any law made by Parliament or State The central and state acts do not apply to these legislature in the areas autonomous and regional councils (unless www.iasbaba.com Contact: 91691 91888 3|Page  Day 15 IASBaba’s Rapid Revision Series (RaRe) designated as Schedule modified and accepted.) Areas. (The power to decide whether any central or state legislation implies over the state having scheduled areas, lies in the hands of the Governor.) It provides Governor with the power to make regulation for good governance and peace for the area. Governor can also repeal or amend any regulations w.r.t to the state having scheduled areas but only with the assent of the President of India With the consultation of the governor of the state, the President can alter, add, diminish the boundary of a Scheduled Area Topic 103: Autonomous district councils (ADCs) and Rengma tribe Why in news? Rengma Nagas in Assam are demanding an autonomous district council amid a decision by the Central and the State governments to upgrade the Karbi Anglong Autonomous Council (KAAC) into a territorial council. Rengma is a Naga tribe found in Nagaland and Assam. About Autonomous district councils (ADCs) The Sixth schedule of the Constitution protects tribal populations and provides autonomy to the communities through creation of autonomous development councils that can frame laws on land, public health, agriculture and others. www.iasbaba.com Contact: 91691 91888 4|Page  Day 15 IASBaba’s Rapid Revision Series (RaRe) As of now, 10 autonomous councils exist in Assam, Meghalaya, Tripura and Mizoram. The specified tribal areas are the North Cachar Hills, Karbi Anglong and the Bodoland Territorial Area in Assam. ADC is a corporate body representing the district within a state to which the Constitution has given varying degrees of autonomy within the state legislature. The ADCs are empowered with civil and judicial powers. They can also make laws on matters like land, forests, fisheries, social security, appointment of chief/headman, social customs etc. with due approval from the governor. Councils under the Sixth Schedule have been given more power than the local governments under the 73rd (Panchayati System) and 74th (Municipalities) Amendments in the rest of the country. Topic 104: Constitutional provisions dealing with Languages and Munshi-Ayyangar formula Constitutional Description provisions Eighth Schedule The Eighth Schedule to the Constitution of India lists the official languages of the Republic of India. As per Articles 344(1) and 351 of the Indian Constitution, the eighth schedule includes the recognition of the following 22 languages. It was intended to promote the progressing use of Hindi and for the enrichment and promotion of that language Article 343 At present, official language of the Union is both English and Hindi (Part XVII) with Devanagari script Article 344 Constitution also provides for the monitoring of the progressive use of the Hindi Language For this, a commission has been appointed by the government every 5 and 10 years respectively To examine these recommendations a parliamentary committee is constituted that submits its report to the President. Article 351 It is duty of the Union to promote the spread of the Hindi language to develop it so that it may serve as a medium of expression Munshi-Ayyangar According to this formula, English was to continue as the official formula language of India along with Hindi for a period of fifteen years but the limit was elastic and the power of extension was given to the Parliament. Topic 105: Unlawful Activities (Prevention) Act Why in news? Ministry of Home Affairs (MHA) data provided that there has been a 72% increase in the number of arrests made under the draconian Unlawful Activities (Prevention) Act (UAPA) in 2019 in relation to those made in 2015 www.iasbaba.com Contact: 91691 91888 5|Page  Day 15 IASBaba’s Rapid Revision Series (RaRe) According to the data, in 2019 – Highest number of cases were registered 1. Manipur (306) under the UAPA in 2. Tamil Nadu (270) 3. Jammu and Kashmir (255) 4. Jharkhand (105) and 5. Assam (87) Highest number of arrests made under the 1. Uttar Pradesh (498) UAPA in 2. Manipur (386) 3. Tamil Nadu (308) 4. Jammu and Kashmir (227) and 5. Jharkhand (202) About Unlawful Activities (Prevention) Act (UAPA) Key points: 1. UAPA was passed in 1967. 2. It aims at effective prevention of unlawful activities associations in India. 3. The Act assigns absolute power to the central government. If the Centre deems an activity as unlawful then it may declare it so. 4. It has death penalty and life imprisonment as highest punishments. 5. Under UAPA, both Indian and foreign nationals can be charged. 6. It will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India. 7. The 2004 amendment added terrorist act to the list of offences to ban organisations for terrorist activities, under which 34 outfits were banned. Topic 106: Unlawful Activities (Prevention) Amendment Act, 2019 In August 2019, Parliament passed The Unlawful Activities (Prevention) Amendment Act, 2019. Key points: 1. The Parliament made number of changes and the primary change though was the addition of Fourth Schedule and designates individuals as terrorists if the individual commits or participates in acts of terrorism, prepares for terrorism, promotes terrorism or is otherwise involved in terrorism. 2. The Act empowers the Director General of National Investigation Agency (NIA) to grant approval of seizure or attachment of property when the case is investigated by the said agency. 3. The Act empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism in addition to those conducted by the DSP or ACP or above rank officer in the state. Topic 107: Right to Protest and International Covenant on Civil and Political Rights (ICCPR) In news: www.iasbaba.com Contact: 91691 91888 6|Page  Day 15 IASBaba’s Rapid Revision Series (RaRe) The Supreme Court has recently highlighted that Right to Protest is a Fundamental Right, however, occupying public places for protests is not acceptable and such a space cannot be occupied indefinitely. The right of the protester has to be balanced with the right of the commuter. They have to co-exist in mutual respect. The bench also said that it was entirely the responsibility of the administration to prevent encroachments in public spaces. Constitutional Protections available to Right to Protest 1. Article 19(1)(a) → right to free speech and expression 2. Article 19(1)(b) → right to assemble peaceably and without arms 3. Article 19(2) → restrictions on the right to assemble and freedom of speech and expression 4. Article 51A → safeguard public property and to avoid violence during the protests 5. SC on Ramlila Maidan Incident v. Home Secretary, Union of India & Others (2012) International Covenant on Civil and Political Rights (ICCPR) 1. It is a multilateral treaty adopted by the United Nations General Assembly (UNGA) 2. The ICCPR is monitored by the United Nations Human Rights Committee 3. The covenant commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial 4. The ICCPR is part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR) 5. It became effective in 1976 www.iasbaba.com Contact: 91691 91888 7|Page  Day 15 IASBaba’s Rapid Revision Series (RaRe) Topic 108: Sedition Key points: 1. It is defined as the illegal acts done of inciting people against the Government in power. 2. Section 124A IPC defines sedition 3. Sedition is a non-bailable offence 4. Punishment under the Section 124A ranges from imprisonment up to three years to a life term, to which fine may be added. 5. Kedar Nath Singh vs State of Bihar case - the SC decided on the constitutionality of Section 124A 6. The law was originally drafted by Thomas Macaulay. Topic 109: National Security Act Key points: 1. Under the NSA, a person is taken into custody to prevent him or her from acting in any manner prejudicial to “the security of the state” or for “maintenance of the public order.” 2. It is an administrative order passed either by the Divisional Commissioner or the District Magistrate — and not detention ordered by police based on specific allegations or for a specific violation of the law. 3. Even if a person is in police custody, the DM can slap NSA against him. 4. Or, if a person has been granted bail by a trial court, he can be immediately detained under the NSA. 5. If the person has been acquitted by the court, the same person can be detained under the NSA. 6. The law also takes away an individual’s constitutional right to be produced before the magistrate within 24 hours as is the case when the accused is in police custody; the detained person also does not have the right to move a bail application before a criminal court. 7. Also, the DM who passed the detention order is protected under the Act: no prosecution or any legal proceeding can be initiated against the official who carried out the orders. 8. Therefore, the writ of Habeas Corpus is the only protection guaranteed under the Constitution against the unchecked state power of taking people into custody under the NSA. 9. One crucial procedural safeguard under the NSA is granted under Article 22(5), where all the detained persons have the right to make an effective representation before an independent advisory board, which consists of three members; and the board is chaired by a member who is, or has been, a judge of a High Court. Topic 110: Section 16 in the Citizenship Act, 1955 News: Centre granted powers under existing rules to District Collectors in 13 districts of Gujarat, Chhattisgarh, Rajasthan, Haryana and Punjab to accept, verify and approve citizenship applications from members of minority communities hailing from Pakistan, Afghanistan and Bangladesh. The Citizenship (Amendment) Act (CAA) passed in 2019 seeks to grant Indian citizenship to six www.iasbaba.com Contact: 91691 91888 8|Page  Day 15 IASBaba’s Rapid Revision Series (RaRe) undocumented communities that came to India till December 31, 2014. Key points: 1. Citizenship is a Central subject and the Home Ministry periodically delegates powers to States through gazette notification under Section 16 of the Citizenship Act, 1955. 2. The Central Government may, by order, direct that any power which is conferred on it can be exercisable also by such officer or authority as may be so specified. 3. Indian citizenship can be acquired on eight grounds – based on registration made by a person of Indian origin, by a person married to an Indian, minor child, whose parents are registered as citizens of India, by a person whose either parent was a citizen of Independent India, overseas citizens of India, by naturalisation and registration of a child at an Indian consulate. www.iasbaba.com Contact: 91691 91888 9|Page  IASBA BA'S RAPID REVISION (RaRe) SERIES - UPSC 2021 RaRe Notes DAY 16 - POLITY #RaRebaba www.rrs.iasbaba.com  Day 16 IASBaba’s Rapid Revision Series (RaRe) Topics Coverage: 111. The Place of Worship (Special Provisions) Act, 1991 112. 102nd Constitution Amendment Act 113. Inclusion and Exclusion of SEBCs 114. National Population Register (NPR) 115. 2021 World Press Freedom Index 116. Official Secrets Act 1923 117. India ranks 53rd in EIU’s Democracy Index 118. District Development Councils (DDCs) in J&K 119. G KISHAN REDDY COMMITTEE 120. One Nation One Application: National e-Vidhan Application (NeVA) www.iasbaba.com Contact: 91691 91888 1|Page  Day 16 IASBaba’s Rapid Revision Series (RaRe) Topic 111: The Place of Worship (Special Provisions) Act, 1991 Key points: 1. This Act was enacted in 1991 as a special law to freeze the status of places of worship as they were on August 15, 1947. 2. The Act declares that the religious character of a place of worship shall continue to be the same as it was on August 15, 1947. 3. It says no person shall convert any place of worship of any religious denomination into one of a different denomination or section. 4. It prohibits any legal proceedings and provided that all pending cases will come to an end, and no further proceedings can be filed. Objective of the Places of Worship Act 1. To freeze the status of any place of worship as it existed on August 15, 1947. 2. To prevent new claims by any group about the past status of any place of worship. 3. To prevent any new attempts to reclaim the structures or the land on which they stood. 4. To preserve communal harmony in the long run. The 1991 Act will not apply in some cases – 1. It will not apply to ancient and historical monuments and archaeological sites and remains that are covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958. 2. The law kept the disputed structure at Ayodhya out of its purview, mainly because it was the subject of prolonged litigation. It was also aimed at providing scope for a possible negotiated settlement. Topic 112: 102nd Constitution Amendment Act Key points: 1. It provided constitutional status to National Commission for Backward Classes (it added Article 338B) 2. Previously NCBC was a statutory body under the Ministry of Social Justice and Empowerment 3. Indra Sawhney case of 1992 - Supreme Court had directed the government to create a permanent body to entertain, examine and recommend the inclusion and exclusion of various Backward Classes for the purpose of benefits and protection Structure of NCBC 1. The Commission consists of five members including a Chairperson, Vice-Chairperson and three other Members appointed by the President by warrant under his hand and seal. 2. The conditions of service and tenure of Commission is determined by President. Constitutional Provisions 1. Article 340 deals with the need to identify the "socially and educationally backward classes", understand the conditions of their backwardness, and make recommendations to remove the difficulties they face. 2. 102nd Constitution Amendment Act inserted new Articles 338 B and 342 A. 3. Article 338B provides authority to NCBC to examine complaints and welfare measures regarding socially and educationally backward classes. www.iasbaba.com Contact: 91691 91888 2|Page  Day 16 IASBaba’s Rapid Revision Series (RaRe) 4. Article 342 A empowers President to specify socially and educationally backward classes in various states and union territories. He can do this in consultation with Governor of concerned State. However, law enacted by Parliament will be required if list of backward classes is to be amended. Topic 113: Inclusion and Exclusion of SEBCs Key points: 1. Constitution Bench of the Supreme Court ruled that after the passage of the 102nd Constitution Amendment Act in 2018, the States do not have any power to identify ‘socially and educationally backward’ (SEBC) classes. 2. As per the 102nd CAA, only the President can publish a list of backward classes in relation to each State and that only Parliament can make inclusions or exclusions in it. Do you know? According to the 102nd Constitution Amendment Act 1. NCBC has the authority to examine complaints and welfare measures regarding socially and educationally backward classes (SEBCs). 2. It is laid down that the Centre and the States shall consult the Commission on all policy matters concerning the SEBCs. 3. The Amendment also added Article 342A, under which the President shall notify a list of SEBCs in relation to each State and Union Territory, in consultation with Governors of the respective States. 4. Once this ‘Central List’ is notified, only Parliament could make inclusions or exclusions in the list by law. 5. Further, a definition of ‘SEBCs’ was added to the Constitution — ‘SEBC’ means “such backward classes as are so deemed under Article 342A for the purposes of this Constitution”. Topic 114: National Population Register (NPR) Why in news? The Centre has decided to allow residents to fill columns in the National Population Register (NPR) forms on their own through online mode About National Population Register (NPR) 1. Objective – is to create a comprehensive identity database of every usual resident in the country. 2. Usual resident (is defined in Citizenship Rules, 2003) - usual resident is defined as a person who has resided in a local area for the past six months or more or a person who intends to reside in that area for the next six months or more 3. The database will contain demographic as well as biometric particulars. 4. It is mandatory for every usual resident of India to register in the NPR. 5. Unlike the NRC, the NPR will also include foreigners living in India. 6. The NPR is being developed under the principles of the Citizenship Act of 1955, and the Citizenship Rules set out in 2003 7. The entire NPR exercise will be conducted by the Office of the Registrar General of India (RGI) under the Union Home Ministry. Do you know? www.iasbaba.com Contact: 91691 91888 3|Page  Day 16 IASBaba’s Rapid Revision Series (RaRe) The NPR was first compiled in 2010 simultaneously with the decadal Census exercise and later updated in 2015. It already has a database of 119 crore residents. Topics to cover: Difference between NRC and NPR; NPR and Census; Article 5-11 (Part 2); Citizenship Act 1955 – Different modes for Acquisition and Termination of citizenship Topic 115: 2021 World Press Freedom Index Key points: 1. 2021 World Press Freedom Index is produced by Reporters Without Borders (RSF), a French NGO. 2. It has again placed India at 142nd rank out of 180 countries. 3. In 2016, India’s rank was 133 which has steadily climbed down to 142 in 2020. According to RSF report – 1. India is one of the world’s most dangerous countries for journalists trying to do their job properly. 2. India shares the “bad” classification with Brazil, Mexico and Russia. 3. The latest index was topped, yet again, by Norway followed by Finland and Denmark, while Eritrea is at the bottom. 4. China is ranked 177, and is only above North Korea at 179 and Turkmenistan at 178. 5. In the South Asian neighbourhood, Nepal is at 106, Sri Lanka at 127, Myanmar (before the coup) at 140, Pakistan at 145 and Bangladesh at 152. Topic 116: Official Secrets Act 1923 Delhi police had arrested a strategic affairs analyst and two others under the Official Secrets Act (OSA). Key points: 1. Official Secrets Act 1923 is essentially India’s anti-espionage law. 2. OSA has its roots in the British colonial era. The original version was The Indian Official Secrets Act, 1889. 3. This was brought in with the main objective to clamp down on and silence newspapers that were opposing the policies of British Raj. 4. It was amended and made more stringent in the form of The Indian Official Secrets Act, 1904, during Lord Curzon’s tenure as Viceroy of India. 5. In 1923, a newer version was notified. 6. OSA 1923 broadly deals with two aspects — a. spying or espionage (and) b. disclosure of other secret information of the government 7. However, the OSA does not define the secret information. 8. If guilty, a person may get up to 14 years’ imprisonment, a fine, or both. Both the person communicating the information and the person receiving the information can be punished under the OSA. Topic 117: India ranks 53rd in EIU’s Democracy Index Key points: www.iasbaba.com Contact: 91691 91888 4|Page  Day 16 IASBaba’s Rapid Revision Series (RaRe) 1. India slipped by two places to be placed at 53rd spot in the 2020 Democracy Index, from among 167 countries. 2. The overall score of India is 6.61 in the Index, on a scale of 0-10. 3. India has been classified as a ‘flawed democracy’. 4. Democracy Index is the global ranking released by The Economist Intelligence Unit (EIU) that provides a snapshot of the current state of democracy worldwide. Key findings: Norway has topped the Index. Iceland, Sweden, New Zealand and Canada are the top five countries on the list. From the 167 countries, the Democracy Index has classified 23 countries as full democracies, 52 as flawed democracies, 35 as hybrid regimes and 57 as authoritarian regimes. Topic 118: District Development Councils (DDCs) in J&K The Centre amended the Jammu and Kashmir Panchayati Raj Act, 1989, to facilitate the setting up of District Development Councils (DDC) in J&K. Key points: 1. DDCs will act as a new unit of governance in J&K 2. This structure will include a DDC and a District Planning Committee (DPC). 3. This system shall replace the District Planning and Development Boards in all districts. 4. It will also prepare and approve district plans and capital expenditure. 5. The term of the DDC will be five years. 6. The electoral process will allow for reservations for Scheduled Castes, Scheduled Tribes and women. 7. The Additional District Development Commissioner (or the Additional DC) of the district shall be the Chief Executive Officer of the District Development Council. What is the role of DDC? www.iasbaba.com Contact: 91691 91888 5|Page  Day 16 IASBaba’s Rapid Revision Series (RaRe) The DDC will be responsible for the formulation of development programmes of the area under its authority. Five standing committees, one each for finance, development, public works, health and education, and welfare will now be constituted in every DDC. Topic 119: G KISHAN REDDY COMMITTEE Key points: 1. Centre has decided to form a committee to protect the language, culture and land of Ladakh and ensuring citizen's participation in the Union Territory's development. 2. The Committee will be headed by the Minister of State for Home G Kishan Reddy and will include elected representatives from Ladakh, Ladakh Autonomous Hill Development Council, central government, and the Ladakh administration. 3. The decision to form the Committee came after Union Home Minister Amit Shah met a 10-member delegation from Ladakh who expressed their views about the need to protect Ladakh's unique cultural identity. Topic 120: One Nation One Application: National e-Vidhan Application (NeVA) Key points: 1. ‘e-Vidhan’ is one of the 44 Mission Mode Projects (MMPs) under Digital India Programme 2. Nodal Ministry for its implementation: Ministry of Parliamentary Affairs (MoPA) 3. Funding of NeVA is on the pattern of Central Sponsored Scheme i.e. 60:40; and 90:10 for North East & hilly States and 100% for UTs. 4. The funding for e-Vidhan is provided by the MoPA. 5. Technical support: Ministry of Electronics and Information Technology (MeitY). Do you know? Paperless Assembly or e-Assembly is a concept involving electronic means to facilitate the work of Assembly. It enables automation of the entire law-making process, tracking of decisions and documents, sharing of information. Aim of NeVA: To bring all the legislatures of the country together, in one platform thereby creating a massive data depository without having the complexity of multiple applications. Further, live webcasting of Lok Sabha TV and Rajya Sabha TVs is also available on this application. Doordarshan has already been enabled with provision to incorporate similar facilities in respect of State Legislatures. www.iasbaba.com Contact: 91691 91888 6|Page  IASBA BA'S RAPID REVISION (RaRe) SERIES - UPSC 2021 RaRe Notes DAY 29 - POLITY #RaRebaba www.rrs.iasbaba.com  Day 29 IASBaba’s Rapid Revision Series (RaRe) Index 201. Question Hour 202. Inner line Permit 203. Consolidated sinking fund 204. Comparison of Impeachment of president 205. Removal of Supreme court judge 206. Pardoning power of governor 207. GNCT of Delhi (Amendment) Act, 2021 208. Official Languages Commission 209. Office of Profit 210. Delimitation commission www.iasbaba.com Contact: 91691 91888 1|Page  Day 29 IASBaba’s Rapid Revision Series (RaRe) 201. Question Hour In News: In the wake of the ongoing COVID-19 pandemic, Lok Sabha and Rajya Sabha suspended question hour and private members' business during the last monsoon session of Parliament. ▪ Question hour was also suspended in the past years of 1962 (India-China war), 1971 (war with Pakistan), 1975 (Emergency), 1976 (Emergency), 1991, 2004 and 2009 for various reasons About Question Hour ▪ The first hour of every parliamentary sitting is termed as Question hour. During this, MPs ask questions to ministers and hold them accountable for functioning of their ministries. ▪ The questions can also be asked to the private members (MPs who are not ministers). ▪ Regulation: It is regulated according to parliamentary rules. The presiding officers of the both Houses (Rajya Sabha and Lok Sabha) are the final authority with respect to the conduct of Question Hour. ▪ Regularity: Question Hour is held every day both in Lok Sabha (since 1952) and in Rajya Sabha (since 1964). ▪ Notice Period: Before asking a question in the parliament, the member has to give a 15-day notice to the Chairman/Speaker in a prescribed manner. Such a period can be reduced at the discretion of the Chairman/Speaker. ▪ Limit on number of question: The permissible limit with respect to the question are only five a day per member in Lok Sabha and seven per day in Rajya Sabha Kinds of Questions asked during Question Hour ae Starred question Printed in green These are distinguished by an asterisk. colour It requires an oral answer and hence supplementary questions can follow Unstarred White colour It requires a written answer and hence, questions supplementary questions cannot follow. Short notice Light Pink Colour The matters of public importance and of urgent questions character are considered under this type of questions. It is asked by giving a notice of less than ten days. It is answered orally www.iasbaba.com Contact: 91691 91888 2|Page  Day 29 IASBaba’s Rapid Revision Series (RaRe) Question to Yellow Colour These questions are mentioned under Rule 40 of the private Rules of Procedure and Conduct of Business in Lok members: Sabha. A question may be addressed to a private member if the subject matter of the question relates to some bill, resolution for which that member is responsible. Zero Hour Zero Hour is an Indian parliamentary innovation. It is not mentioned in the parliamentary rules book. Under this, MPs can raise matters without any prior notice. The zero hour starts immediately after the question hour and lasts until the agenda for the day (i.e. regular business of the House) is taken up. In other words, the time gap between the question hour and the agenda is known as zero hour. 202. Sixth Schedule and Inner line Permit In News: Arunachal Pradesh assembly unanimously passed a resolution for the entire state to be included in the Sixth Schedule of the Constitution. ▪ At present, Arunachal Pradesh has Bengal Eastern Frontier Regulation (BEFR) Act of 1873 which prohibits all citizens of India from entering Arunachal without a valid Inner Line Permit About Sixth Schedule Sixth schedule to the constitution provides power to tribal communities to administer the tribal areas in Assam, Meghalaya, Tripura and Mizoram under the provision of article 244(2) and 275(1) of the constitution Article 244 of provides special system of administration for certain areas designated as ‘scheduled areas’ and ‘tribal areas Article 275 makes provisions for statutory grants to be charged on Consolidated Fund of India. Such grants also include specific grants for promoting the welfare of the scheduled tribes or for raising the level of administration of the scheduled areas in a state. About Inner Line Permit A document that allows an Indian citizen to visit a state that is protected under the ILP system. It is British era regulation under the Bengal Eastern Frontier Regulation Act, 1873. Arunachal Pradesh, Nagaland and Mizoram are protected by the Inner Line, and lately Manipur was added. Every foreigner, except a citizen of Bhutan, is to obtain a Protected Area Permit from a competent authority. Fifth Schedule Sixth Schedule Applicability Andhra Pradesh, Telangana, Assam, Meghalaya, Tripura, Mizoram Chhatisgarh, Himachal Pradesh, Madhya Pradesh, Jharkhand, Maharashtra, Odisha, Rajasthan Created by Act of State Legislature Autonomous District Councils in Sixth Schedule areas are provided by Constitution. Autonomy PESA (Panchayat Extension to Greater Autonomy Scheduled Areas Act, 1996) Powers include Self-governance through Gram Sabhas www.iasbaba.com Contact: 91691 91888 3|Page  Day 29 IASBaba’s Rapid Revision Series (RaRe) Fifth Schedule Tribal Advisory Legislative: Power to limit Councils only have advisory Cantre/State’s act by governor’s powers approval Tax Revenue: Collection and Grants from Centre Regulatory: Schools, dispensaries, markets, roads etc. Judicial: Village courts to trial tribal cases, HC’s jurisdiction specified by Governor Do You Know? To include Arunachal Pradesh in Sixth schedule requires constitutional amendment (outside Article 368). Citizenship Amendment Act (CAA),2019 exempts the sixth schedule areas and Inner Line permit areas. National Commission for Scheduled Tribes (Art 338A) has recommended Union Territory of Ladakh to be declared as a ‘tribal area’ under the Sixth Schedule of the Constitution. 83rd Constitutional Amendment Act 2000 introduced article 243M of the Constitution of India, to exempt the State of Arunachal Pradesh from the application of reservation of seats in Panchayats for the Scheduled Castes. Arunachal Pradesh is a State inhabited fully by indigenous tribal people. No Scheduled Castes exist in the State. No reservation of seats for SCs has been made in the State Legislative Assembly and in state government services. The casteless structure of Tribal Society of Arunachal Pradesh was the basis of above amendment. 203. Consolidated Sinking Fund (CSF) In News: States wants RBI to relax norms regarding using money accumulated in CSF. About ▪ The CSF is a reserve fund created by states for buffering their debt obligations. It is maintained with the Reserve Bank of India. ▪ The Fund was first proposed by Tenth Finance Commission and was formed in the year 1999-2000, for the amortization of open market credits benefited of by the State Government. ▪ Amortization is the process of paying off debt with regular payments made over time. The fixed payments cover both the principal and the interest on the account. ▪ State govt. could contribute 1-3% of their annual outstanding debt liabilities to CSF. ▪ Initially, 11 States set up sinking funds. Later, the 12th Finance Commission (2005-10) recommended that all States. ▪ The main objective for creating CSF was ▪ To ensure the repayment of the public debt ▪ Cushion for amortization of all liabilities ▪ Ensure good fiscal governance and consolidate their finances ▪ Facilitate restructuring of finances in these states, especially the states having chronic revenue deficits. ▪ Special focus has been given to greater transparency in fiscal operations and debt sustainability. ▪ In light of the suggestions of the Twelfth Finance Commission, credits from banks, and liabilities due to the National Small Saving fund must also be included in the amortization of loans. www.iasbaba.com Contact: 91691 91888 4|Page  Day 29 IASBaba’s Rapid Revision Series (RaRe) ▪ The fund has to be financed outside the consolidated fund of the states and it should only be used for redemption of loans. Did RBI agree to State’s demand for relaxation? Yes, RBI decided to relax the rules governing withdrawal from CSF, while at the same time ensuring that depletion of the Fund balance is done prudently. These relaxations to states will release an additional amount of about Rs 13,300 crore that will enable states to meet a larger proportion of their redemption of market borrowings due in the financial year from CSF. 204. Comparison of Impeachment of president In News: Donald Trump becomes first US President to be impeached twice. Impeachment is US Impeachment in India Grounds Treason Bribery or any other higher Violation of Constitution crimes Initiation House of representatives Either houses of the Parliament Procedure in Trial is initiated if the impeachment 1/4th members undersign the charges. first house motion is passed with simple majority 14 days notice is given to president. 2/3rd majority of total membership of the house. Procedure in Investigation and trial in the senate. Investigation of the charges. second house Passed with 2/3rd of Senate votes Passed with the same majority. 205. Removal of Supreme court judge In News: Vice-President had rejected the impeachment notice signed by 71 opposition MPs of the Rajya Sabha, against Chief Justice of India Dipak Misra (now retired), citing absence of any “proved misbehaviour” or “incapacity” on the part of the senior judge. How can the Chief Justice of India be impeached? Grounds of Impeachment: Proved misbehavior or Incapacity Under Judges (Inquiry) Act, 1968 and the Judges (Inquiry) Rules, 1969, the impeachment of the CJI or an SC judge, motion needs to be introduced in either Houses of the Parliament. Signatures of 100 MPs in Lok Sabha and 50 MPs in Rajya Sabha are required to move an impeachment motion against the CJI/SC Judge. After the motion is introduced, it will be up to the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha to accept it. If the motion is accepted, a three-member committee, comprising one judge of the SC, one judge of the high court and one notable jurist, would be formed to further investigate the charges. www.iasbaba.com Contact: 91691 91888 5|Page  Day 29 IASBaba’s Rapid Revision Series (RaRe) If the three-member committee further decides to support the motion, the matter will be taken up for discussion in the House where it had been originally introduced. Irrespective of which House introduces the motion, according to the Indian Constitution, it will have to be passed by the other House as well. Only after gaining a two-thirds majority in both the Houses (Article 124 (4)), will the motion finally get passed to the President of India. In this case, if the motion is passed in both the Houses, President will take the final call. Related News: Andhra Pradesh Chief Minister had written to Chief Justice of India complaining about misconduct on part of a sitting SC judge. Over the years, three mechanisms have evolved to investigate cases of misconduct, including cases of sexual harassment, misbehaviour or incapacity against judges. In-house procedure (1999) Sexual harassment guidelines. Impeachment for proven misbehaviour or incapacity (as discussed above) In-house Procedure of SC 2013 SC Sexual Harassment Regulation Who may file Any Person Written complaint of sexual a complaint? harassment by a woman. Persons to whom Chief Justice of India (CJI) or Gender Sensitisation and Internal complaint must be President of India Complaints Committee (GSICC) of filed Supreme Court Preliminary Inquiry CJI is required to determine If the GSICC is satisfied that the whether the complaint is either complaint is genuine, it will constitute frivolous or serious. a three- member Internal Sub- If the CJI finds that the Committee to conduct an inquiry into complaint involves serious the complaint misconduct or impropriety, he will seek the response of the concerned Judge. Based on the response and supporting materials, if the CJI finds that the complaint needs a deeper probe, he will constitute an inquiry committee Composition of Three judges including a Judge Committee will comprise members Inquiry Committee of the Supreme Court and two of GSICC or persons Chief Justices of other High nominated by GSICC, with majority Courts. members being a woman and an outside member. 206. Pardoning power of governor In News: Remission of the sentence of A G Perarivalan, convict in Rajiv Gandhi assassination case has been pending before Tamil Nadu Governor for over two years. www.iasbaba.com Contact: 91691 91888 6|Page  Day 29 IASBaba’s Rapid Revision Series (RaRe) Pardoning power of the President Article 72 Pardon Complete exoneration Commutation Substitution of one form a lighter form. (Demotion) Respite It denotes awarding a lesser sentence due to some special fact Reprieve Stay of the execution for a temporary period. Remission Reducing the time of sentence Pardoning Power of Governor under article 161 Can Pardon, Commute, Respite, Reprieve, Remit – Punishments against state laws. Cannot pardon a death sentence. Cannot pardon sentences inflicted by court martial No time limit prescribed for governor Cr.P.C Section 435– Centre has to be consulted for any case investigated by Central agencies. 207. GNCT of Delhi (Amendment) Act, 2021 ▪ In News: The Government of National Capital Territory (GNCT) of Delhi (Amendment) Act, 2021, which gives primacy to the Lieutenant Governor (L-G) over the elected government in the city, has come into force. ▪ The GNCTD Act was enacted in 1991 to supplement the Constitutional provision of Article 239AA. It enabled the process of an elected government in Delhi. Key Provisions of Amendment Act ▪ The term ‘government’ means Lt Governor. ▪ The Act provides discretionary powers to the LG even in matters where the Legislative Assembly is empowered to make laws. ▪ Makes it mandatory for the government to obtain the opinion of the LG on all matters. ▪ The amendment also says that the “Legislative Assembly shall not make any rule to enable itself to consider the matters of the day-to-day administration”. Criticism: ▪ The latest amendment will greatly reduce the efficiency and timeliness of the Delhi government by making it imperative for it to hold consultations with the L-G even when a situation demands urgent action. ▪ Significantly, the L-G is not obliged to give his opinion to the State government within a time frame. 69th Constitutional Amendment Act, 1993 ▪ It added two new Articles 239AA and 239AB under which the Union Territory of Delhi has been given a special status. www.iasbaba.com Contact: 91691 91888 7|Page  Day 29 IASBaba’s Rapid Revision Series (RaRe) ▪ Article 239AA provides that the Union Territory of Delhi be called the National Capital Territory of Delhi and its administrator shall be known as Lt. Governor. o It also creates a legislative assembly for Delhi which can make laws on subjects under the State List and Concurrent List except on these matters: public order, land, and police. o It also provides for a Council of Ministers for Delhi consisting of not more than 10% of the total number of members in the assembly. ▪ Article 239AB provides that the President may by order suspend the operation of any provision of Article 239AA or of all or any of the provisions of any law made in pursuance of that article. This provision resembles Article 356 (President’s Rule). 208. Official Languages Commission In News: Recently, Chief Justice of India recommended amending the Official Languages Act of 1963 to include more vernacular languages in governance, and not just confine it to Hindi and English. Article 344 – Official Language Commission ▪ Commission shall consist of a Chairman and members representing the different languages specified in the Eighth Schedule. ▪ Functions: o To recommend to the President regarding the progressive use of the Hindi language o Regarding restrictions on the use of the English language o Any other language to be used. o The form of numerals to be used o Any other matter referred to the Commission by the President ▪ A 30-member parliamentary committee (20 from LS and 10 from RS) to look into the recommendations of the Commission and to report to the President their opinion thereon. Important Constitutional Provisions related to official languages Part XVII of the Indian constitution deals with the official languages in Articles 343 to 351. The Eighth Schedule to the Constitution consists of the following 22 languages. Article 343(1) of the Constitution of India, Hindi in Devanagari script shall be the official language of the Union. Article 343(3) made provisions for the continuation of English even after 25th January 1965 by empowering the parliament to make laws to that effect. Article 344(1) provides for the constitution of a Commission by the President on expiration of five years from the commencement of the Constitution. Article 348 (1) of the Constitution of India provides that all proceedings in the Supreme Court and in every High court shall be in English Language until Parliament by law otherwise provides Article 351 provides for the spread of the Hindi language to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India. 209. Office of Profit In News: A parliament’s joint committee on office of profit has sought Centre’s response to a long-pending demand for amending the Constitution to clear ambiguity over definition of office of profit. Office of profit has not been defined in the constitution or under Representation of People Act (RPA), 1951 but different courts have interpreted it to mean a position with certain duties that are more or less of public character. www.iasbaba.com Contact: 91691 91888 8|Page  Day 29 IASBaba’s Rapid Revision Series (RaRe) Essence is that legislators should be able to carry out their duties in a free manner without any obligation to government of the day. The office of profit law simply seeks to enforce a basic feature of the Constitution –the principle of separation of power between the legislature and the executive. Legal Provisions: o Under Article 102 (1) and Article 191 (1), an MP or an MLA is barred from holding any office of profit under the central or state government. o Also under RPA 1951, holding an office of profit is grounds for disqualification. o Parliament (Prevention of Disqualification) Act, 1959 lists the number of offices that are exempted from disqualification. Definition: By SC in Pradyut Bordoloi case Whether the government exercises control over appointment, removal Whether the office has any remuneration attached to it Whether the body in which the office is held has government powers Whether the office enables the holder to influence by way of patronage 210. Delimitation commission In News: Lok Sabha Speaker nominates 15 MPs to assist Delimitation Commission (DC). Delimitation is the act of fixing limits/boundaries of territorial constituencies in the country. Constitutional Mandate: ▪ Article 82: Parliament after each census to enact Delimitation act to set up a delimitation commission ▪ Article 170: Same commission to center and states ▪ Orders of Commission has force of Law ▪ Previous Commission: 1952, 1963, 1973, 2002. No delimitation post 1981 & 1991 Census (to control population growth) ▪ 84th Constitutional Amendment Act, 2002 froze further delimitation till 2026. Composition ▪ Ex-Officio Members: ▪ A retired judge of the Supreme Court ▪ The Chief Election Commissioner ▪ State Election Commissioners (of the respective states) Functions: ▪ To delimit the constituency ▪ Maintain equal population in all constituencies (as practically possible) ▪ To identify reserved constituency ▪ To hold public opinions regarding the delimitation ▪ To adopt the changes www.iasbaba.com Contact: 91691 91888 9|Page  IASBA BA'S RAPID REVISION (RaRe) SERIES - UPSC 2021 RaRe Notes DAY 30 - POLITY #RaRebaba www.rrs.iasbaba.com  Day 30 IASBaba’s Rapid Revision Series (RaRe) Index 211. Right to recall 212. GST council 213. Chief secretary 214. 104th Constitution Amendment Act, 2020 215. Legislative councils 216. How are new districts carved? 217. Article 244 (A) of the constitution 218. Financial emergency - article 360 219. Article 356 220. Article 254 (2) of the constitution www.iasbaba.com Contact: 91691 91888 1|Page  Day 30 IASBaba’s Rapid Revision Series (RaRe) 211. Right to recall In News: Haryana Assembly passed Haryana Panchayati Raj (Second Amendment) Bill, 2020, which provides the right to recall members of Panchayati Raj institutions. About Right to Recall Right to Recall is a process whereby the electorate has the power to remove the elected officials before the expiry of their term. It is an example of instrument of direct democracy. Bill allows the recall of village sarpanches and members of the block-level and district-level panchayats if they fail to perform. To recall, 50% members of a ward or gram sabha have to give in writing that they want to initiate proceedings. This will be followed by a secret ballot, in which their recall will require two-third members voting against them. Instrument of direct democracy. 1 Referendum Allows the electorate a direct vote on a specific political, constitutional or legislative issue. The outcome is binding on the Government 2 Citizen Initiative Voting on an issue that gathers enough public support. 3 Plebiscite Voting by a section of people for right to self determination. 4 Agenda Places an agenda for consideration of an authority. 212. GST council In News: Not holding GST council meeting in the wake of Pandemic. GST Council is a constitutional body under Article 279A and was introduced by the Constitution (One Hundred and First Amendment) Act, 2016. It makes recommendations to the Union and State Government on issues related to Goods and Service Tax. Members of GST Council: Union Finance Minister (Chairperson of Council) Centre’s minister of state in-charge of revenue or Finance Minister of revenue or finance of all the states. Functions of GST Council: To recommend the tax rates To recommend the exemption to tax rates – s