Understanding Current Affairs - Polity and Governance PDF

CURRENT AFFAIRS POLITY AND GOVERNANCE  UNDERSTANDING CURRENT AFFAIRS Polity and Governance AUGUST-SEPTEMBER 2023 HATE SPEECH W...

CURRENT AFFAIRS POLITY AND GOVERNANCE  UNDERSTANDING CURRENT AFFAIRS Polity and Governance AUGUST-SEPTEMBER 2023 HATE SPEECH Why? Supreme Court stressed on finding long term solution to Hate Speech About Hate Speech  An incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, and religious belief (267th Report of Law Commission of India).  Not been defined in any law in India. However, legal provisions in certain legislations prohibit select forms of speech as an exception to freedom of speech. Issues  It clashes with freedom of speech and expression  It is used as political instrument to mobilise support UNDERSTANDING CURRENT AFFAIRS   Lack of appropriate act or a regulatory mechanism for online content poses a hurdle to cheque hate speech through online platforms. Judicial Pronouncements  Pravasi Bhalai Sangathan Vs Union of India 2014 – court recognised negative impact of hate speech and referred the matter to Law Commission for in depth examination.  Shreya Singhal Vs. Union of India 2015 – Reasonable restrictions under article 19 on free speech and expression may be imposed only if it incites violence or leads to public disorder.  Amish Devagan Vs UOI 2020 – Need to balance the competing interests of free speech and prevent spread of hatred and communal disharmony. NARI SHAKTI VANDAN ACT 2023 Why? Parliament received the ascent of President on Nari Shakti Vandan act 2023.  Article 330A and Article 332A Inserted: Reservation of 1/3rd seats for women in Lok Sabha (LS) and State egislative assembly respectively. It also includes reservation of 1/3rd seats for women belonging to SC/ST under Article 330 and 332.  Articles 239AA amended: Reservation of nearly 1/3rd seats for women (including SC seats) in Legislative Assembly of National Capital Territory (NCT) of Delhi.  Article 334A inserted: Reservations shall come into effect after delimitation is undertaken after relevant figures for first census (after commencement of act) have been published and cease to have effect after expiration of 15 years.  Periodic rotation of seats reserved for women after each delimitation as Parliament may by law determine.  Provisions of this act shall not affect any representation in legislative assemblies and Lok Sabha until their dissolution Need for reservation  Under-representation of women in legislature: 74 MPs elected to 18th LS are women. This is marginally lower than in 2019, when 78 women were elected.  Gender-sensitization of public policy: To address problems like lower female labour force participation, increasing crime rates against women, etc.  Evidence from reservation at local level: According to Oxfam India, reservation for women at local level led to increase in reporting of crimes, improved access to basic amenities like drinking water, schools, etc.  Patriarchal nature of political parties Concerns UNDERSTANDING CURRENT AFFAIRS   Reservation contradicts the constitutional principle of equality as women may not be competing on merit.  Counter the idea of self determination  This may decrease MPs motivation to work for their constituencies due to uncertainty of re- election in same area.  It is against Geeta Mukherjee Committee recommendation of 1996. DELIMITATION COMMISSION  Women’s Reservation Act has triggered intense debate about expected delimitation.  Delimitation - Act of redrawing boundaries of Lok Sabha and Assembly seats to represent changes in population.  Responsibility of delimitation is assigned to a high-power body known as Delimitation Commission (Boundary Commission).  In India, such Delimitation Commissions have been constituted 4 times – in 1952, 1963, 1973 and 2002.  In 2002, 84th Constitutional Amendment was used to freeze delimitation process for Lok Sabha and State assemblies till at least 2026. As a result, Delimitation Commission could not increase total seats in Lok Sabha or Assemblies. It may be done only after 2026. Constitutional Provisions  Article 82 grants parliament to the power to enact a Delimitation act after every census which establishes a delimitation commission.  Article 170- States get divided into territorial constituencies as per delimitation act after every census. Issues arising out of unequal representation  Decreased Voice of States with Population Control: States like those in the South, which have effectively controlled population growth, face a diminished influence in national decision- making.  Disenchantment in Underrepresented States: States facing a decrease in representation may foster feelings of disenchantment among their population.  Dilute “One Citizen One Vote’ principle: For example, in UP an MP on average represents around 2.53 million people, compared to 1.84 million in Tamil Nadu, indicating a quantitative dilution. COOPERATIVE FEDERALISM  It is the horizontal relationship between union and states and shows neither is above the other.  It envisages that national and state agencies undertake government functions jointly rather than exclusively. UNDERSTANDING CURRENT AFFAIRS   NITI Aayog acts as a platform to promote cooperative federalism in India. Constitutional provisions  7th Schedule demarcates central, state and concurrent lists.  Article 312 (All India Services).  Article 263 (Inter- State Council to discuss common interests of Centre and States).  Article 280 (Finance Commission recommending distribution of financial resources between Union and States). Challenges  Over-Centralization of power: For example, during COVID pandemic, Disaster Management Act was used by centre to effectively bypass States and assume complete control.  Inter-state river-water disputes: e.g. Cauvery dispute between Karnataka, Tamil Nadu.  Diversity: Diverse nature of India necessitates tailored policymaking, further complicating cooperation between central and state governments.  Inadequate consultation with state: For example, controversy over new farm laws which are opposed by several states. Suggestions  Expand interstate council’s structural and functional scope to function as a quasi judicial collaborative council.  Grant constitutional status to NITI Aayog.  Transfer financial allocation to a permanent financial commission to ensure a balanced and transparent system of intergovernmental fiscal relations. GOVERNMENT OF NCT DELHI AMENDMENT ACT 2023 Why? Parliament passed the government of national capital territory of Delhi Amendment Act which repeals the ordinance regarding the same subject.  It establishes national capital services authority (NCCSA)to make recommendations to lieutenant governor of Delhi. It consists of the Chief Minister as chairperson along with principal home secretary and Chief Secretary of Delhi government as a member.  All its decisions will be based on a majority vote of members present in voting.  Powers of lieutenant government when he may act solely on his discretion- o Matters outside legislative competence of Delhi Legislative Assembly but which have been delegated to lieutenant governor o Matos where he is required by law to act in his discretion  Expands discretionary role of lieutenant governor by giving him powers to approve recommendations of the NCCSA auditor them for the consideration. In case of difference of opinion his decision will be final. UNDERSTANDING CURRENT AFFAIRS   Disposal of matters to lieutenant governor by ministers of Delhi government through Chief Minister and Chief Secretary, for his Opinion prior to the issue of any order. Issues  Violet’s collective responsibility  Enhanced discretion of Lieutenant Governor  Non clarity on controversial matters as lieutenant governor has been given the ultimate decision power. OCTOBER 2023 CRIMINALIZATION OF POLITICS - MAINS SPECIAL  Association for Democratic Reforms (ADR) and National Election Watch released the ‘Analysis of Sitting MPs from Lok Sabha and Rajya Sabha of India 2023’ report. 40% MPs Declared criminal cases against themselves. Lakshadweep>Kerala>Bihar>Maharashtra. Highest criminal cases Corruption perception index 2023 Indiaʼs rank- 93 out of 180 Reasons for this – Mains 1. The poor quality of legislation (with numerous loopholes) - the existence of Section 377 for over 7 decades after independence and for 4 years after NALSA judgement 2014, excessively repressive laws such as the UAPA, TADA prone to vulgar misuse, patriarchal nature of several laws - such as adultery ( until recently struck down by SC, , non-inclusion of marital-rape under DVA, 2005 etc. 2. working of investigation and prosecution agencies: Nexus between criminal- politician has the tendency to influence the working of agencies.  The Supreme Court in 2017 termed Central Bureau of Investigation as a “caged parrotˮ and “its masterʼs voiceˮ 3. Decline in conviction rate: As per SC amicus curiae report (2022)- 5,097 cases are pending against lawmakers across the country. 4. Winnability of candidates: Chance of winning is twice compared to other candidates (ADR report). 5. Delays in conviction of cases: Nearly 5,000 cases pending against politicians in Supreme Courtin 2023. 6. Legal loopholes: Section 8 of RPA, 1951, bans convicted politicians from contesting. However, those facing trial, no matter how serious the charges, are free to contest. UNDERSTANDING CURRENT AFFAIRS  1. Limited powers given to Election Commission. For instance, it has power to register an association of people as a political party, but it cannot to de-register a political party. LEGISLATIVE MEASURES 1. Section 8(3) of the Representation of People Act, 1951 says any lawmaker sentenced to at least two years in jail remains disqualified for six years upon their release. 2. Article 102(1) of the Constitution of India, which says a lawmaker can be disqualified under any law enacted by the Parliament. CASE LAWS 1. N.N. Vohra Committee Report (1993) on Criminalisation of Politics stated that the nexus between the criminal gangs, police, bureaucracy and politicians has come out clearly in various parts of the country. 2. Union of India vs. Association for Democratic Reforms (2002) SC stated that electors have a fundamental right to know the antecedents of candidates. It states ‘right to be informedʼ as a right flowing from freedom of speech and expression 3. Peoples Union for Civil Liberties (PUCL) v Union of India (2004): SC declared Section 33B of Representation of Peoples Act 1951 as unconstitutional and void. 4. Lily Thomas v Union of India (2013) SC ruled that Section 8(4) of the Representation of People Act (1951) as unconstitutional. a. Section 8(4) of the RP Act earlier allowed convicted MPs, MLAs and MLCs to continue in their posts, provided they appealed against their conviction/sentence in higher courts within three months of the date of judgment by the trial court. WAY FORWARD 1. Lifetime ban for convicts from polls: Election Commission of India had mentioned it in the electoral reforms proposals published by it in 2004 and 2016. 2. Hybrid electoral System>> 170th Law Commission Report on the hybrid system i.e., 75% through first past the post (FPTP) and 25% through proportional system. 3. Punishment for filing of false affidavits>> 244th Report titled ‘Electoral Disqualificationʼ, suggested punishment should be enhanced to a minimum 2 years imprisonment 4. Representation of The People Act, 1950: To debar the persons from contesting elections against whom heinous nature crimes are pending PARLIAMNETRY PRIVILEGES – MAINS  Prelims point - IT IS NOT DEFINED IN CONSTITUTION UNDERSTANDING CURRENT AFFAIRS   Under Article 105(2) of constitution, Powers and privileges of both houses of Parliament and its members and committees are dealt. o Parliamentary privileges are a legal immunity enjoyed by members of legislatures, in which legislators are granted protection against civil or criminal liability for certain actions done or statements made in the course of their legislative duties.  Mains Points (Value Addition) - Emerged in British House of Commons when nascent British Parliament started to protect its sovereignty from excesses of monarch.  So far, neither Parliament nor any State legislature has enacted any legislation that defines the powers, privileges and immunities of the Houses, or that of its members and committees. Individual Privileges 1. No arrest during session and 40 days before and 40 days after session. 2. Not liable in court for any speech in parliament Exempted from jury service when house is in session. Collective Privileges 1. Exclude strangers from proceedings. 2. Hold secret sitting of legislature 3. Freedom of press to publish true reports of Parliamentary proceedings. 4. Right to punish members and outsiders for breach of its privileges:  Only Parliament can make rules to regulate its own proceedings  There is a bar on court from making inquiry into proceedings of house (article 122). Cases:  Invoked against PM in Rafale deal  Indira Gandhi faced it on basis of observations of excesses during emergency (Justice Shah Committee report). Subsequently, she was expelled from house.  Expulsion of Subramanyam Swamy from RS in 1976 for bringing dispute to Parliament. Importance  Protect freedom of speech and expression in House and insulates them against litigation over matters that occur in these houses,  Ensure their functioning without undue influence, pressure or coercion.  Ensure sovereignty of Parliament  Protect against any libel through speeches, printing or publishing ISSUES  Doctrine of limited powers. Absence of codified privileges gives unbridled power to house to decide when and how breach of privilege occurs.  Doctrine of separation of power: speaker acts as complainant, advocate and the judge. Used as a substitute for legal proceedings. UNDERSTANDING CURRENT AFFAIRS   Doctrine of judicial review: Judicial scrutiny is barred in cases of privileges Art 122  Violate FR of speech of expression : Invoked on grounds of defamation by individual members, while judicial remedy available under defamation and libel law. Recommendations of National Commission to Review Working of Constitution (NCRWC) + 2nd ARC  privileges of legislators should be defined and delimited and codified to remove arbitrariness, Like Australia passed Parliamentary Privileges Act in 1987, defining privileges, conditions of their breach and penalties.  Penal action is unwarranted, unless attempt to obstruct functioning of house or its members. Must only be invoked by legislature when there is "real obstruction to its functioning". Judicial Pronouncements  PV Narasimha Rao vs. State – members need wider protection of immunity against all civil and criminal proceedings that bear a nexus to their speech or vote.  MSM Sharma Case – fundamental rights remain supreme over parliamentary privileges. INTER STATE RIVER WATER DISPUTES Why? Union Cabinet approved the terms of reference to Krishna Water Disputes Tribunal-II (KWDT-II) under the Inter-State River Water Disputes (ISRWD? Act, 1956.  To solve inter state river water disputes article 262 of the constitution specifies INTER STATE RIVER TRIBUNAL. (mains) Factors responsible for Inter-State Water Dispute 1. Asymmetrical access to river water 2. Rising Water Demand: The total water demand in India is projected to increase by 22% and 32% in 2025 and 2050 respectively. 3. Lack of clarity on Water usage Rights: Under Schedule VII of the Indian Constitution, the power to use water for storage, electricity, irrigation etc. is mentioned under the State list and ‘interstate waterʼ under the Union list. 4. Lack of an integrated approach>> ignoring the social, ecological, and cultural processes 5. MSPs of rice and wheat led to a manifold increase in water demand, thereby resulting in interstate water conflicts (e.g. Krishna, Cauvery, Teesta basins or SYL between Punjab and Haryana). MECHANISM TO DEAL 1. Inter-State Water Disputes (ISWD) Act, 1956: Under it, a State Government which has a water dispute with another State Government may request the Central Government to refer the dispute to a tribunal for adjudication. UNDERSTANDING CURRENT AFFAIRS  2. River Boards Act, 1956: It was made for the setting up of River Boards by the central government for the regulation and development of inter-state rivers and river valleys. National Water Policy 2012: It seeks to address issues such as scarcity of water, inequities in its distribution and the lack of a unified perspective in planning, management and use of water resources. Challenges associated with resolving Inter-State Water Dispute(VALUE ADDITION)  Delayed Resolution: it took 11 years for the Godavari water dispute tribunal to give its decision.  Ambiguity: Article 262 deters the Supreme Court from adjudicating interstate river water disputes. However, Article 136 empowers the SC to hear appeals against the tribunalʼs orders, further causing ambiguity in the implementation of tribunal orders.  Politicisation of issue, lack of multidisciplinary approach, are other reasons for dispute. SOLUTIONS 1. Enabling cooperation 2. BASIN APPROACH - Focus on ecological restoration, conservation of river ecosystem, balancing of water supply and demand for human use and regional approach for effective management of river water. 3. Multi-Disciplinary Approach>> The institutional structure of Water Management Board should include experts from multiple disciplines. 4. Water Policy>> Equitable parameters for actually understanding the extent of river basin. SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006 Why? States have rejected nearly 40% of the land claims under the Forest Right Act.  Section 3(1)(a) of the FRA recognizes the right of the forest-dwelling tribal communities (FDSTs) and other traditional forest dwellers (OTFDs) to hold and live in the forest land for habitation or for self-cultivation for livelihood. Types of Rights under Section 3 of FRA Act  Individual Forest Rights (IFR)Right to hold and live in the forest land under the individual or common occupation for habitation or for self-cultivation for livelihood.  Community Forest Rights (CFR) Seeks to restore all customary and traditional usufruct rights of forest-dwelling communities. UNDERSTANDING CURRENT AFFAIRS   Community Forest Resource Management Rights: Right of ownership, access to collect use and dispose of minor forests produce which has been traditionally collected within or outside village boundaries.  NODAL AGENCY -- STATE GOVT for the implementation and gram sabha to know the extent of individual and community rights.  Land titles: Act recognises the rights of an individual or family or community on the land however claim should not exceed more than four hectares. o Land title given under the FRA is a legal title. o Land Rights conferred by the Act were heritable (Section 4(4) of FRA, but not transferable or alienable. MAINS  Dongria Kondh Adivasis used FRA in 2013, to protect their sacred lands in the Niyamgiri forests of Odisha and rejected the Vedanta's bauxite mining project. Earlier in Orissa Mining Corporation vs Union of India (2013), SC directed that Gram Sabha of the region will decide about the project. THREE TIERED PROCESS OF APPROVAL 1. Initiation by GRAM SABHA 2. Sub-divisional level committee 3. District-level committee CONCERNS 1. Document of Proof>> According to Section 2(c) of FRA, to qualify as FDST. a. Must be a Scheduled Tribe in the area where the right is claimed; and b. Primarily resided in forest or forests land prior to 13-12-2005; and c. Depend on the forest or forests land for bonafide livelihood needs 2. Inconsistency in acreage claimed and acreage allocated>> As per World Bank report, in Narmada District, Gujarat) around 70 % of claimants reported that the IFR claim was approved for lesser acreage. 3. Low awareness>> FRA implementation in Jammu & Kashmir between September 2021 and May 2023 highlighted that more than 92.57 % of the rejected claims have been declined by Gram Sabha only. 4. Violation of FRA Provisions>> CFR titles were issued to 10 villages in Deori taluk of Gondia district of Maharashtra showing that the DLC had issued titles in the name of the panchayat instead of the gram sabha. 5. lack of coordination, one size fits all approach , destruction of wildlife are other concerns BEST PRACTICE UNDERSTANDING CURRENT AFFAIRS   Learning from State Government: Odisha governmentʼs Mo Jungle Jami Yojana (MJJY), implementation of the scheme will provide ownership of land and access to forest resources to the beneficiaries. UNLAWFUL ACTIVITIES PREVENTION ACT Major provisions  Offences are cognizable (arrest could be made without a warrant).  Penalty: Death or imprisonment for life, and shall also be liable to a fine if such act has resulted in the death of any person.  Unlawful Association o Declaration of an association unlawful: By the Centre through an official gazette notification, by specifying the grounds. o Reference to Tribunal: On the declaration of being unlawful, the notification should be referred to the Tribunal within 30 days AADHAR: THE MOST SECURE DOCUMENT  UIDAI has introduced a two-layered security mechanism for Aadhaar-based fingerprint authentication to secure Aadhaar.  Parliament has laid down robust privacy protections in the law governing the Aadhaar system through robust arrangements. o Section 32(3) of the Aadhaar Act 2016 prohibits UIDAI from controlling, collecting or maintaining any information about the purpose of any authentication.  The authentication systems are certified as per international security and privacy standards ISO 27001:2013 for Information Security Management. SARNA CODE Sarna followers are nature worshippers who do not consider themselves Hindus and have been fighting for a separate religious identity for decades. NOVEMBER ROLE OF GOVENOR Why? Recently, Kerala, Tamil Nadu and Punjab moved the Supreme Court against their respective Governors over the pending bills. UNDERSTANDING CURRENT AFFAIRS  CONSTITUTION:  Article 200, the assent of the Governor is necessary for a bill to become a law. In this regard, the Governor has been given some options. o Reserving bill for President: In one case such reservation is obligatory, that is, where the bill passed by the state legislature endangers the position of the state high court. o In addition, the governor can also reserve the bill if it is of the following nature:  Ultra-vires, that is, against the provisions of the Constitution.  Opposed to the Directive Principles of State Policy.  Against the larger interest of the country.  Of grave national importance.  Dealing with compulsory acquisition of property.  Discretionary powers: Article 163 states that except when required to exercise his/her functions in his/her discretion, the Governor is bound by the aid and advice of the Council of Ministers. Judgements - Mains Data Value Addition  State of Punjab Case (2023) If a Governor decides to withhold assent to a Bill, then he/she has to return the bill to the legislature for reconsideration. Such bill cannot be kept with the Governor indefinitely.  Supreme Court observed that Governor has only three options as per Article 200 - granting assent, withholding assent or referring to the President- and that after exercising any of these options, he/she cannot then exercise another option. o Vice Chancellor Case (2023) SC underlined that Governors acting in their statutory capacity as University Chancellor are not bound ‘ʼ by the aid and advice of the council of ministersʼʼ.  Tamil Nadu Governor case (2023) SC stated that Governor cannot refer the bills to the President after the Assembly has re-enacted the Bills following the Governor's declaration of withholding the assent. Issues –(Mains Value Addition) 1. Agents of the centre alone (no representation of states at the centre)- appointment procedure, no security of tenure 2. Strongest and ever-present manifestation of Unitary form of government 3. Discretionary role in inviting party to form government in case of Hung Assembly - widespread misuse - Manipur (2017), Karnataka (2018), etc 4. Interference in day-to-day functioning - Delhi and Puducherry (Lt of Delhi and LT of Puducherry) 5. Misuse of veto power- eg anti corruption legislation in Delhi 6. Political delay and confusion in decision making - COVID crisis Delhi, Quarantine and testing rules SUGGESTION UNDERSTANDING CURRENT AFFAIRS   Punchhi Commission Qualifications o Eminent in some walk of life From outside the state o Not immediately connected with local politics of the state Not political in general -- particularly in the recent past o 5 year fixed term o Removal-Similar to Prez's impeachment - suitable amendment in constitution  Article 163 (Council of Ministers to aid and advise Governor) : Article 163 does not give the Governor a general discretionary power to act against or w/o the aid and advice of CoM The area for discretion is limited , his choice of action should not be arbitrary or fanciful(Choice dictated by reason, activated by good faith and tempered by caution.)  Hung assembly - priority case rameshwar prasad case  Rajasthan Governor - SC established - gov has no discretionary power in summoning the legislature, bound by aid and advice of CoM NCWRC Collegium for gov appt(2000)) - including CM.  Other- o The Centre should perform only routine functions on behalf of state government (suspension of proviso under A 3 in JK case before abrogating Article 370. No power to change the law and policy of the state.)  Sarkaria Commission: o Did not favour structural changes - existing constitutional arrangements relating to institutions basically sound need for changes in functional/operative aspects Permanent Inter-state Council U/A 263 o Article 356 - sparing use, last resort o Residuary powers of taxation o Parl; other residuary powers in Concurrent list o Centre should consult states in the concurrent list (PC - broad agreement to be reached) o Prez withholds state bill - mandate to give reason –(Rajasthan, Manipur mob- lynching bills) o Consult CMs while appt governor - mentioned is Const. o No change in role of RS or Centre's power to reorganise states  Punchhi Commission o Union Govt to occupy only as many subjects in the concurrent list which are absolutely necessary to achieve uniformity of policy in a demonstrable national interest o SR Bommai guidelines to be incorporated in constitution for invocation of A 356 LOCALISED EMERGENCY o Equality of representation in RS irrespective of population o All future (existing - amend) central legislations - cost sharing (eg RTI Involve states in finalisation of ToR of FC UNDERSTANDING CURRENT AFFAIRS  RIGHT TO INFORMATION (RTI)- MAINS RTI means that any Indian citizen can request any information (which is supposed to be public knowledge) from offices and departments of state or central governments.  In 1986, the Supreme Court through its judgement in Mr. Kulwal v/s Jaipur Municipal Corporation case directed that freedom of speech and expression provided under Article 19 of the Constitution implies RTI, as without information freedom of speech and expression cannot be fully used by citizens.  It replaced Freedom of Information Act, 2002.  Nodal agency responsible for the implementation of the RTI Act is the  Department of Personnel and Training (DoPT) under the Ministry of Personnel, Public Grievances and Pensions. Key Provisions of RTI Act, 2005  Section 2(h): Public authority means any authority or body or institution of self- government established or constituted- o by or under the Constitution; o by any other law made by Parliament/State Legislature. o by notification issued or order made by the appropriate Government, and includes any  body owned, controlled or substantially financed;  non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government.  Section 4(1)(b): Lays down information which should be disclosed by Public Authorities on a suo moto or proactive basis.  Section 6 (1): A person, who desires to obtain any information, shall make a request in writing or through electronic means to The Central Public Information Officer (PIO) or State PIO.  Section 7: Fixes the time limit for providing information(s) by PIOs.  Section 8: Exemption from disclosure of information. Significance  Empower citizens by equipping them with power  Promote transparency and accountability  Reduce corruption  Strengthen government-public relation  Improve govt record/database management  Increase awareness among citizens and strengthens parliamentary democracy ISSUES UNDERSTANDING CURRENT AFFAIRS  1. Legal: multiple exemption like defence (Rafael), PMO etc (OSA) PM CARES Non implementation by judicialy, politiçal parties despite CIC 2012 order 2. Institutional: high vacancy, shortage, poor training and expertise of staff politicisation of appointment. 3. Operational: misused to harass official: Created red tapism, curtailed innovation a. Data given in non desirable form b. Lack of awareness in people threats against users, they are killed eg)MP vyapam case (Meghalaya Poipynhun Majaw) c. Regional variation with few states performing good 4. Have put extra burden on official to keep record, paper work, goal displacement It may come in conflict with right to privacy 5. Huge pendency and delays>> Satark Nagrik Sangathan study, approx. 3.14 lakh appeals and complaints were pending as of June 2022. 6. Threat and Violence: In the last 15 years, more than 80 people who had filed RTI applications have been killed while 175 others have been attacked, and several applicants reported being harassed. Amendment to RTI  Removal of fixed Term :term which 5 year for CIC and IC is left to the discretion of govt  Salary which was earlier equated to CEC and EC for CIC and IC. and EC and chief sec in case of state is also left at state discretion o Said salaries, allowances, and other terms and conditions of service of central and state CIC and ICs will be determined by central government o If they were getting other pension and benefit from other service that will be deducted from new one This provision is deleted  According to RTI rules decision of central govt is binding upon CIC Final interpretation of rules rest with the govt Way Forward>>  Make RTI a legal right. Free to BPL or nominal fee + Provide institutional mechanism for this  appointment of information officer in each department to provide information to public on request.  obligation on public agencies to disclose information suo moto to reduce requests for information. (Section 4)  set time line of 30 days and 48 hour when concern life or liberty.  Provide grievance redressal mechanism RTI Act  provides for Central Information Commission (CIC) and State Information Commissions  independent bodies to act as appellate authorities vested with powers of a civil court. UNDERSTANDING CURRENT AFFAIRS   overrides Official Secrets Act, 1923. :information commissions can allow access to information if public interest outweighs harm to protected persons. Under section 22 Obstante clause)  Defines public authority under section 2(h) for coverage  Provide exemption under section 8 information that affects security, strategic, scientific or economic interests, relations with foreign states or leads to incitement of offence. Trade secrets & commercial confidentiality individual safety Personal privacy Current status  at least 50 lakh RTI applications filed in India every year.  just less than 1% of electorate uses RTI every year.  Over past decade, at least 2% of Indians has used the law.  For law that requires proactive initiative, those are extraordinarily high numbers. continue to spread despite the odds stacked against the users and applicants SPECIAL CATEGORY STATUS SCS was introduced in 1969 on the recommendation of the 5th Finance Commission (FC) to benefit certain disadvantaged states with preferential treatment like establishing special development boards, reservation in local government jobs, educational institutions, etc.  The SCS States used to receive grants based on the Gadgil-Mukherjee formula.  In the past, SCS had been granted by the Union government to States having certain characteristics based on recommendations of the National Development Council.  states having SCS STATUS --Jammu & Kashmir (first), Assam and Nagaland, Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Sikkim, Tripura, Himachal Pradesh, and Uttarakhand.  Constitution does not include any provision for categorisation of any State in India as an SCS state. Criteria  Hilly and difficult terrain  Low population density or sizeable share of tribal population  Strategic location along borders with neighbouring countries  Economic and infrastructure backwardness  Non viable nature of finances Benefits 1. Central assistance: Earlier, the Gadgil-Mukherjee formula earmarked nearly 30% of total central assistance for States to the SCS States. a. However, 14th and 15th FC recommendations led to this allocation being merged into increased divisible pool funds for all States rising to 41% in 15th FC. UNDERSTANDING CURRENT AFFAIRS  2. Funding: In SCS States, Centre-State funding of centrally sponsored schemes was divided in the ratio of 90:10, far more favourable than 60:40 or 80:20 splits for general category States. 3. Continuity of unspent money: Special category states had the facility that if they have unspent money in a financial year; it does not lapse and gets carried forward for the next financial year. 4. Incentives: Several incentives are available to the SCS States in the form of concession in customs and excise duties,income tax rates and corporate tax rates to attract investments to set up new industries etc. 5. Also, SCS states had availed the benefit of debt-swapping and debt-relief schemes. Criteria Issues 1. There is a lack of consensus among states on criteria used to assign SCS status. SCS was granted to Uttarakhand, being a bordering, Himalayan state and was denied to Jharkhand and Chhattisgarh despite being below Uttarakhand on most growth parameters. 2. Inter-State Disparities: Granting special status to certain states may lead to concerns about inter- state disparities, creating lop-sided economic and social structures. 3. Encourages fiscal indiscipline: Debt-swapping and Debt-relief schemes indirectly encourage states to spend beyond their servicing capacity, creating long-term liabilities. For example, the outstanding guarantee as a percentage of GSDP is 20% in Jammu and Kashmir, 10% in Himachal Pradesh. 4. Fiscal Burden: For SCS category states, the Centre pays 90% of the funds required in a centrally- sponsored scheme as against 60% in the case of normal category states, further straining the resources of the Centre. Solutions 1. Core and Optional schemes: Centrally Sponsored Schemes should be divided into Core and Optional schemes. 2. Amongst Core Schemes, those for social protection and social inclusion should form the Core of the Core (e.g. MGNREGA) and be the first charge on available funds for National Development Agenda. Centre and State funding pattern For Core and Optional Schemes,  8 NE and 3 Himalayan States (Himachal Pradesh, J&K and Uttarakhand): 90:10 and 80:20 respectively.  Other States: 60:40 and 50:50 respectively.  Specific institution like NITI Aayog for managing FUNDS  Arrangements for UTs: Transfer of funds to UTs for non-plan and non-development purposes is administered through the Demand for Grants of the Ministry of Home Affairs. All Core and Optional Schemes should be funded 100% by Centre in all UTs. UNDERSTANDING CURRENT AFFAIRS  AAINA DASHBOARD  Ministry of Housing & Urban Affairs launched ‘AAINA Dashboard for Citiesʼ portal.  Five Broad Pillars of AAINA o Political and Administrative o Finance o Planning o Citizen Centric Governance o Delivery of Basic Services ENABLING COMMUNICATIONS ON REAL-TIME ENVIRONMENT (ENCORE) Election Commission of India (ECI) designed in-house software for complete Candidate and election management through ‘ENCOREʼ.  It is an end-to-end application for returning officers to digitize the votes polled, tabulate the round-wise data, and then take out various statutory reports of counting. CURBING FILM PIRACY  Nodal Officers have been appointed from Central Board of Film Certification (CBFC) and the Ministry to receive complaints against piracy.  Mechanism has been established under the Cinematograph (Amendment) Act 2023. o An original copyright holder or any person authorised by them can file complaint. o For complaints by non-authorized persons, the officer can hold hearings on a case to case basis to decide its genuineness. o After directions from officer, the intermediaries (digital platform) have to remove internet links hosting pirated content within a period of 48 hours.  To curb piracy, Cinematograph (Amendment) Act 2023 was passed (amended the Cinematograph Act 1952.  It supports the existing laws viz. the Copyright Act, 1957 and the Information Technology Act (IT)2000 DECEMBER CRIMINAL LAW REFORM ACTS UNDERSTANDING CURRENT AFFAIRS   Bharatiya Nyaya Sanhita 2023 replacing the Indian Penal Code (IPC), 1860.  Bharatiya Nagarik Suraksha Sanhita 2023 replacing the Code of Criminal Procedure (CrPC), 1973.  Bharatiya Sakshya Adhiniyam 2023 replacing the Indian Evidence Act, 1872. BHARTIYA NYAYA SAMHITA - IMPORTATANT PROVISIONS  Community service: It is proposed to provide (for the first time) community service as one of the punishments for petty offences.  Sexual offences against women: It increases the threshold for gangrape victim to be classified as a major, from 16 to 18 years of age.  It also criminalizes sexual intercourse with a woman by deceitful means or making false promises.  Sedition: It removes the offence of sedition. It instead penalizes the following: o Exciting or attempting to excite secession, armed rebellion, or subversive activities o Encouraging feelings of separatist activities, or o Endangering the sovereignty or unity and integrity of India. These offences may involve exchange of words or signs, electronic communication, or use of financial means.  Terrorism: It defines terrorism an act that intends to threaten the unity, integrity, security or economic security of the country, or strike terror in the people or any section of people in India or in any foreign country.  Organised crime: It defines organised crime as any continuing unlawful activity including kidnapping, extortion, contract killing, land grabbing, cybercrime etc. carried by an individual or a group, either as a member or on behalf of an organised crime syndicate.  Murder or grievous hurt by a group on certain grounds: When a group of five or more persons acting in concert commits murder or causes grievous hurt on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with,  Death or life imprisonment, and a fine, in case of murder.  Imprisonment for a term up to seven years, and a fine, in case of grievous hurt. Potential Impact  Subjective interpretation: Unclear definitions of “criminal activity” may lead to their improper application and affect Freedom of Speech and Expression. For example - “Subversive activities” might include any form of critique, or ‘Terrorist acts’, which now include damage to property and provocation or intimidation.  Discretionary police powers: Police have enhanced discretionary powers to choose between prosecuting under new laws or existing statutes like UAPA without clear guidelines, leading to inconsistent application and concerns about fairness and accountability.  Delays in existing trials: Though new bills exclude their application to pending proceedings and trials, courts are likely to be bombarded with interpretation, resulting in delays in the actual trial of the offences. UNDERSTANDING CURRENT AFFAIRS  BHARATIYA NAGARIK SURAKSHA SANHITA 2023  Detention of undertrials: First-time offender who have completed one-third of the maximum period of imprisonment specified for such offence shall be released on bond.  If an accused has spent half of maximum period of imprisonment specified for an offence, he shall be released by the Court on bail. This does not apply to offences punishable by death, life imprisonment, and persons against whom proceedings are pending in more than one offence.  Medical examination: Any police officer can request medical examination of the accused in certain cases, including rape cases.  Forensic investigation: It mandates forensic investigation for offences punishable with at least seven years of imprisonment. o If a state does not have forensics facility, it shall utilise such facility in another state.  Signatures and finger impressions: It empowers a Magistrate to order any person, whether arrested or not, to provide specimen signatures, handwriting, finger impressions and voice samples.  Timelines for procedures: It prescribes timelines for various procedures. For instance, submission of medical reports to investigating officer, giving judgment, informing the victim of progress of investigation and framing of charges. BHARATIYA SAKSHYA ADHINIYAM 2023  Admissibility of electronic or digital records as evidence: It provides that the electronic or digital records will have the same legal effect as paper records. o It expands electronic records to include information stored in semiconductor memory or any communication devices (smartphones, laptops), emails, server logs etc.  Documentary evidence: It adds that electronic records will also be considered as documents apart from writings, maps, and caricatures.  Oral evidence: Oral evidence includes statements made before Courts by witnesses in relation to a fact under inquiry. The Act allows oral evidence to be given electronically.  Joint trials: A joint trial refers to the trial of more than one person for the same offence. o The Act adds that a trial of multiple persons, where an accused has absconded or has not responded to an arrest warrant, will be treated as a joint trial. Potential Impact  Expansion in use of electronic evidence: This can lead to a reduction in wrongful convictions and provide help in investigating cases faster.  Issues of privacy: It emerges from seizure of electronic devices and access to sensitive information that may be stored within them. UNDERSTANDING CURRENT AFFAIRS  TELECOMMUNICATIONS ACT 2023 Why? Multiple sections of telecommunications act 2023 came into effect. Concerns  Provision of following interception and monitoring of messages can be misused leading to issues like data leakages..  Broad definition of telecommunication services is open to interpretation and could include online platforms like Whatsapp.  Govt may add or remove offences in 3rd schedule to act by a notification. It has been debated that such changes should only be through an act of parliament. CRIME IN INDIA 2022 REPORT  Released by National Crime Records Bureau New Delhi, India (NCRB)  About: It is an organization responsible for collecting and analysing crime data as defined by the Indian Penal Code (IPC) and Special and Local Laws (SLL).  Genesis: It was established in 1986 under the Ministry of Home Affairs on the recommendations of the Tandon Committee and the National Police Commission (1977- 1981).  Functions and Responsibilities: UNDERSTANDING CURRENT AFFAIRS  o It maintains National Database of Sexual Offenders (NDSO). It is the Central Nodal Agency to manage the technical and operational functions of the 'Online Cyber-Crime Reporting Portal'. o It is the National repository of all fingerprints in the country. o Monitoring, coordination, and implementing the Crime and Criminal Tracking Network and System (CCTNS) project. MAINS DATA SHEET Crime against Women Increased by 4.0% IN COMAPRISION TO 2021 39.7% cases were filed under the Protection of Children from Sexual Offences Act Crime Against Child 8.2% cases against SCs registered under SC/ST (Prevention of Atrocities) Act Crime Against SCs and STs The highest number of cybercrime cases recorded was in Telangana :15,297 Cyber Crime CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS ACT, 2023 KEY PROSVISIONS  Selection committee: The CEC and other ECs shall be appointed by the President on the recommendation of a Selection Committee consisting of: o Prime Minister as Chairperson. o Leader of Opposition/leader of the largest opposition party in the Lok Sabha. o Union Cabinet Minister to be nominated by the Prime Minister.  Search Committee - headed by the Minister of Law and Justice and comprising two other members not below the rank of Secretary to the Government of India. o Eligibility - Persons who are holding or have held a post equivalent to the rank of Secretary to the Government of India and o Should be persons of integrity, who have knowledge of and experience in management and conduct of elections.  Eligibility criteria for appointment as CEC and ECs, o Persons who are holding or have held a post equivalent to rank of Secretary to GoI and o Should be persons of integrity, who have knowledge of and experience in management and conduct of elections.  Salary, term of office and reappointment of CEC and ECs UNDERSTANDING CURRENT AFFAIRS  o Salary: Equal to salary of a Judge of SC. o Term of office: 6 years from date on which he assumes his office or till he attains age of 65 years, whichever is earlier. o Not eligible for Reappointment.  Removal and resignation: CEC can only be removed in a manner and on grounds similar to that of SC judge whereas EC can be removed upon CEC recommendation. CONCERNS 1. Independence of the Election Commission: Selection Committee has a majority of members from the government of the day. 2. Vacancy in selection Committee>>>upholds the validity of the Selection Committee even if there is a vacancy or defect in constituting the Committee. 3. Undermining the role of search committee:>>> act provides that Selection Committee may go beyond the names suggested by the Search Committee. 4. Limiting eligibility criteria: By limiting the eligibility criteria of the CEC and ECs to civil servants, the act may exclude other qualified individuals for the post. 5. Lack of parity in removal of the CEC and ECs: The act retains the existing lack of parity in removal of CEC and ECs. 6. Silence over post-retirement jobs: Similar to 1991 Act, this act too is silent with regards to the further appointment of the CEC and ECs to any post or office under the government after their retirement. WAY FORWARD  Goswami Committee on Electoral Reforms (1990) and 255th Law Commission Report had recommended that Select committee for choosing CEC and ECs, should consist of Prime Minister, Leader of Opposition of Lok Sabha and CJI.  Goswami Committee (1990) had recommended that CEC and ECs should not be eligible for any further office under government, including office of Governor.  Goswami Committee and ECI have recommended an independent secretariat for functioning of the ECI.  As per 255th Law Commission Report, Article 324(5) should be amended to equate the removal procedures of ECs with that of CEC PRESS AND REGISTRATION OF PERIODICALS ACT, 2023 History Of Press Regulation  Censorship of Press Act of 1799 (under Lord Wellesley)  Licensing Regulations (ordinance), 1823 (under Acting Governor General John Adams)  Press Act of 1835 (under Governor General Metcalfe)>> LIBERATOR OF PRESS UNDERSTANDING CURRENT AFFAIRS  Differenece Between The Acts Press and Registration of Books Act, 1867 Press and Registration of Periodicals Act, 2023 Periodicals do not include books or scientific and academic journals. Books are outside the purview The 1867 Act provided for the registration of of the act. newspapers, periodicals, and books A facsimile* of a foreign periodical may be printed in India only with the prior approval of the central government. There was no provision for registration of * “facsimileˮ means an exact reproduction of the foreign periodicals. original. The Act provided that a declaration Act allows the publisher of a periodical to obtain a specifying registration the printer/publisher be made to the District certificate by filing an online application with the Magistrate (DM). The DM sent the Press Registrar General (PRG) and specified local declaration to the Press Registrar, who then authority. issued a certificate of registration. The PRP act, 2023 allows for information regarding printing presses to be submitted through The 1867 Act required a printing press to be an online portal. declared before the DM. PRB Act 1867 had severe penalties leading to conviction and imprisonment up to 6 The 2023 Act seeks to decriminalize the colonial- months for various violations of the Act. era statute by replacing jail terms with fines. The PRP Act 2023 empowers the Press Registrar General to suspend/cancel the Certificate of Registration. Also, a person who has been convicted of a terrorist act or unlawful activity or has acted against the security of the State will not In the 1867 Act, only the DM could cancel be allowed to publish a periodical. the declaration of a periodical. ABROGATION OF ARTICLE 370 UNDERSTANDING CURRENT AFFAIRS  Why? Recently, a Constitution Bench of SC upheld the validity of Union Government's 2019 decision to repeal special status of J&K under Article 370 of Constitution. Article 370- A Historical Context  Instrument of Accession (IoA) In October 1947, Maharaja Hari Singh, the last ruler of J&K signed the IoA through which he agreed to accede his state to the Dominion of India.  Temporary provisions for J&K Constitution of India came into force on 26th January 1950. Under the Constitution, Article 370 was placed in Part XXI, titled “Temporary and Transitional provisionsˮ.  Article 370 Except for defence, foreign affairs, finance and communications, Parliament needed the state governmentʼs concurrence for applying all other laws. o Further, it stated that except Article 1, which declared India as a ‘Union of Statesʼ, and Article 370 itself, no part of the Constitution would apply to Jammu & Kashmir.  The President of India could make any provisions of the Constitution to apply to this State with ‘modificationsʼ or ‘exceptionsʼ but required that such application can be done only in ‘consultation with the Government of the Stateʼ.  Article 370 itself could not be amended or repealed—unless the Constituent Assembly of Jammu & Kashmir consented to it.  Article 35A of the Indian Constitution: It stemmed out of Article 370 and gave powers to the J&K Assembly to define permanent residents of the state, their special rights, and privileges. Impacts of Abrogation of Article 370 1. Extension of rights: All the rights enshrined in the Constitution of India and benefits of all the Central Laws are now available to the people of J&K and Ladakh. 2. No separate symbols/laws: J&K no longer has its own flag, constitution, and its own penal code (called the Ranbir Penal Code). 3. Ending exclusive property rights: Abrogation enabled Centre to notify new land laws for the J&K ending the exclusive rights of permanent residents over the land. 4. Social Justice: Provision given for the SCs and STs in the rest of the country is also now available to the community in J&K. 5. Local Government: Constitutional status to local government through application of 73rd and 74th Amendments of Constitution to J&K. 6. Rights of women married to non-locals: Abrogation allowed the issue of domicile certificates to the husbands of local women married to non-locals. EXPULSION OF LAWMAKERS (IMP for prelims) >>> why>>> Lok Sabha in India has expelled one of its members accused of accepting gifts and illegal gratification. Similarly, the US House of Representatives has also expelled one of its members over criminal corruption charges. UNDERSTANDING CURRENT AFFAIRS   Constitutional basis of expulsion: An MP found guilty of breach of privileges or contempt of the house can be suspended from the house or face expulsion. o Article 105 deals with the powers and privileges of both Houses of Parliament and its members and committees. o Article 194 outlines the corresponding powers, privileges, and immunities of State legislatures and their members and committees. o Contempt of the house is defined as any act or omission  which obstructs or impedes either House of Parliament in the performance of its functions, or  which obstructs or impedes any member or officer of such House in the discharge of his duty, or  which has a tendency directly or indirectly, to produce such resultsˮ  Parliament is the sole authority to ascertain if there has been a breach or contempt of the House, no court is entrusted with this power.  Article 122 of the Indian Constitution says parliamentary proceedings canʼt be questioned by the judiciary, although the courts have intervened in some cases. o In the Raja Rampal case (2007), the Court upheld the expulsion of Raja Ram Pal but noted that proceedings tainted by substantial illegality are open to judicial scrutiny. RULES FOR EXPULSION OF AN MP  suspension of members is given in Rule 374 and Rule 374A of the Lok Sabha Rules for the Lok Sabha and Rule 256 of the Rajya Sabha Rules for Rajya Sabha.  the Speaker or Chairman, as the case may be, may name any member to be suspended in case of wilful disregard for the rules of the House or causing disruption in conducting sessions.ˮ  After naming, a motion to that effect is moved, and that member is suspended for a period not exceeding the remaining days of that session.  Expulsion And Disqualification Are Not The Same. Disqualification of Members of Either House of Parliament-Constitutional Provisions UNDERSTANDING CURRENT AFFAIRS   Article 102 of the Constitution of India provides for the disqualification of members under certain conditions- o If he holds any office of profit under the Union or state government o If he is of unsound mind and stands so declared by a court. o If he is an undischarged insolvent o If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance to a foreign state. o If he is so disqualified under any law made by Parliament.  Criteria for disqualification under Representation of the People Act, 1951 o Is found guilty of certain election offences or corrupt practices in the elections. o Is convicted for any offence resulting in imprisonment for two or more years (except for the detention under a preventive detention law). o Has failed to lodge an account of his/her election expenses within the time. o Has any interest in government contracts, works or services. o Is a director or managing agent or holds an office of profit in a corporation in which the government has at least 25% share. o Has been dismissed from government service for corruption or disloyalty to the State. o Has been convicted for promoting enmity between different groups or for the offence of bribery. o Has been punished for preaching and practising social crimes such as untouchability, dowry and sati.  Tenth Schedule - Introduced in Constitution by 52nd Amendment Act 1985  The Constitution also lays down that a person shall be disqualified from being a member of Parliament if he is so disqualified on the ground of defection under the provisions of the Tenth Schedule. NATIONAL CADET CORPS  Itʼs a Tri-Services Organization comprising the Army, the Navy, and the Air Wing.  largest uniformed youth organization in the world, celebrated its 75th  Anniversary in 2023. It was recommneded by Pandit Hridaynath kunjru  Headquarter: New Delhi UNDERSTANDING CURRENT AFFAIRS  LOKAYUKTA  Lokayukta is an anti-corruption authority constituted at the state level to look into cases of corruption against certain categories of public servants at state level formed by the lokpal and lokayukt act 2013. Lokpal and Lokayukta Act 2013  It provides for the establishment of a statutory body of Lokpal for Union and Lokayukta for States.  It aims to inquire into allegations of corruption against certain public functionaries.  Lokpal consists of a chairperson and maximum eight members, with 50% being judicial members and 50% from SC/ST/OBCs, minorities, and women.  The chairperson and members serve for five years or until they turn 70, whichever comes first.  Lokpal Jurisdiction extends to Prime Minister, Ministers, MP, Group A, B, C and D officers and officials of central government., Any society or trust or body that receives foreign contribution above ₹10 lakh. Exceptions in Jurisdiction of Lokpal  Corruption charge against Prime Ministerifthe allegations are related to international relations, external and internal security, public order, atomic energy, and space.  Judiciary and armed forces do not come under the ambit of Lokpal.  Employees of State Government are not covered unless they have served in connection with the affairs of the Union. UNDERSTANDING CURRENT AFFAIRS  Need for Lokpal and Lokayuktas  Lack of independent anti-corruption agencies  Lack of transparency and internal accountability  Inadequate mechanism to check corruption  Absence of effective power among bodies like CVC etc Problems in implementation mechanism (Mains Specific Value Addition)  Constitution of Lokavukta: mandates establishment of Lokayukta in every state  within 1 year from date of commencement of this Act. However, many states havent done this (16)  Power and Jurisdiction of Lokayuktas in States: State are given freedom to determine to this which may establish weak Lokayuktas.  Lack of political will visible in Delay in lokpal establishment with issues like no formal LOP/ not free from political influence as appointing committee itself consist of members from political parties  Rajasthan, Maharashtra, established both the Lokayukta and the Up- Lokayukta, but Uttar Pradesh, Himachal Pradesh, established just the Lokayukta. Way Forward  Model state Lokayutas on Lokpal and Lokayuktas Act, 2013 Promote digitisation through initiatives like 'Lokpal Online: Digital Platform for Management of Complaints'  Structural reforms such as adequate budget, infrastructure and manpower. IMPEACHMENT IN US AND INDIA-MAINS TOPIC (COMPARISION OF CONSTITUION) UNDERSTANDING CURRENT AFFAIRS UNDERSTANDING CURRENT AFFAIRS  FAST TRACK SPECIAL COURTS (FTSCS) SCHEME  Centrally Sponsored Scheme and implemented by Department of Justice, Ministry of Law & Justice.  Central Share is to be funded from Nirbhaya Fund, aimed at enhancing the safety and security for women in country.  FTSCs are linked to National Judicial Data Grid, 761 FTSCs including 414 exclusive POCSO Courts are operationalised in 30 States and Union Territories which have resolved over 1.95 lakh cases. Benefits of FTSCs  Lessen the burden of cases  Ending sexual and gender-based violence  Reduce pending cases of Rape & POCSO Act, relieving the burden on judicial system  Ensure swift access to justice for victims of sexual crimes through improved facilities and expedited trials Issues  Inadequate judges – 2023 – 1 special court for 12.5 lakh people in delhi and 10 lakh people in UP.  Inadequate staff  Lack of legislative foundation GRAM MANCHITRA  Ministry of Panchayati Raj (MoPR) is promoting Gram Manchitra to facilitate  Spatial Planning by the Gram Panchayat.  Geographic Information System (GIS) Application, launched by MoPR in 2019. has been developed by National Informatics Centre (NIC).  spatial planning at Gram Panchayat level with use of geo-spatial technology. JANUARY/FEBRUARY/MARCH UNIFORM CIVIL CODE Why? Uttarakhand State Legislative Assembly passed the Uniform Civil Code, Uttarakhand, 2024 Bill. It is the first State in the country to pass a law on Uniform Civil Code UNDERSTANDING CURRENT AFFAIRS   Goa is the only place in India where a form of common civil code is in practice, the Portuguese Civil Code of 1867. About UCC  It provides for the formulation of one law for the entire country, which would apply to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption, and succession.  Article 44 under Part IV directs that the State shall endeavour to secure the citizen a UCC throughout the territory of India Judicial pronouncements  Shah Bano case – 1985 – need for UCC among religions  Paulo Coutinho vs Maria Luiza – 2019 – need for uniform laws Committee recommendations  Law comm. 2018 - no UCC needed now, amend existing laws  Law comm. 2022 – seeks public and religious input on UCC. Current status  Hindu personal law is codified in through 4 legislations: the Hindu Marriage Act (1955), the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), and the Hindu Adoptions and Maintenance Act (1956).  The term ‘Hinduʼ also includes Sikhs, Jains, and Buddhists for the purpose of these laws.  Certain aspects of Muslim personal law are expressly recognized in India in acts such as Shariat Application Act (1937) and the Dissolution of Muslim Marriages Act (1939). Way forward UNDERSTANDING CURRENT AFFAIRS   Government should seek consensus: From all stakeholders, including religious leaders and community representatives to address concerns.  Piecemeal approach: Like marriage age amendment, can foster internal reform within religious frameworks.  Review existing personal laws: To align UCC with principles of justice, equality, and non- discrimination, ensuring fairness for all. SIXTH SCHEDULE Why? people of Ladakh are protesting for Ladakh to be recognized as a tribal area under the Sixth Schedule Provisions of the Sixth schedule  It empowers the Governor to create Autonomous District Councils ADCs) and Autonomous Regional Councils (ARCs) in these four states.  Composition of ADCs: ADCs consist of not more than thirty members, out of which four are nominated by the Governor while the rest are elected. Bodoland Territorial Council is an exception; it can have up to 46 members.  ARCs: If there are multiple Scheduled Tribes in an autonomous district, the Governor may divide the area(s) inhabited by them into autonomous regions.  The Sixth Schedule of the Constitution, under Article 244(2) and Article 275(1), is provided for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram. Benefits for Ladakh if added in 6th schedule  Address Local Issues: Specific to Ladakh like environmental protection, tourism management, and sustainable development practices.  Safeguard Tradition: Cultural heritage and traditional customs would be recognized and legally protected.  Resource Management: ADCs would have greater control over mineral resources within their jurisdiction, allowing them to manage them more effectively.  Increased reservation: Enhance reservation in government jobs and educational institutions for Ladakhis.  Safeguard land and forest rights: Protect tribal communities (Balti, Beda, Drokpa etc) land and forest rights to prevent alienation Issues in awarding sixth schedule to Ladakh  Balancing the interests of Buddhist majority in Leh and Muslim majority in Kargil within framework of 6 th schedule.  Ladakh’s sensitive border location raises concerns that increased autonomy might complicate coordination with central government on security matters. POWERS UNDER SIXTH SCHEDULE UNDERSTANDING CURRENT AFFAIRS  To make rules in respect of * lands, management of forest (other than the Reserved Forest), shifting cultivation, Chiefs or Headmen appointment. * inheritance of property, marriage and divorce and social practice. Legislative Power * regulations and control of moneylending or trading by any person other than Scheduled Tribe residents in that Scheduled District. Power to establish or manage primary schools, dispensaries, markets, cattle ponds, fisheries, roads, road transport and waterways in the districts. Executive Power * Councils are also authorized to prescribe the language and manner of instruction in the primary school * Empowered to constitute Village and District Council Courts. * No courts except the High Courts and the Supreme Court has the jurisdiction over such suits or cases of the Council Courts. * However, these Council Courts are not given the power to decide cases Judicial Powers involving offences punishable by death or imprisonment for five or more years *Empowered to prepare a budget for their respective Council. *Empowered to assess and collect land revenue and impose taxes on professions, trades etc. *Empowered to grant licenses or leases for extraction of minerals within their Financial Powers jurisdiction. UNDERSTANDING CURRENT AFFAIRS  SIMULTANEOUS ELECTIONS Why? High Level Committee appointed by central government has submitted a report to president on One nation one election which makes recommendations on simultaneous election.  Synchronize Lok Sabha, State Assemblies elections, Municipalities and Panchayats such that voters in a particular constituency vote on the same day.  It does not mean that voting across the country for all elections needs to happen on a single day. Need for Simultaneous elections  Enhance Administrative efficiency: By reducing frequent deployment of teachers, security personnel etc. in State and local elections.  Focus on development programs: As frequent imposition of MCC halt development programs in poll- bound areas/State.  Cost savings: For instance, Central government's total expenditure on 2024 general elections is over Rs 5000 crore. UNDERSTANDING CURRENT AFFAIRS   Enhanced Voter Turnout: For instance, in 1999, simultaneous elections in Karnataka, Maharashtra, and Andhra Pradesh held along with national elections led to 11.5% surge in voter turnout. ANTI-DEFECTION LAW Why? Maharashtra assembly speaker dismissed all petitions seeking disqualification of MLAs under anti defection law.  ADL is a legislative framework to prevent elected MPs and state legislatures from switching political parties or voting against the party's directives after their election.  It was enacted in 1985 as 10th Schedule. Judicial Pronouncements  Kihoto Hollohan Case 1992 – Speaker’s decision was subject to judicial review UNDERSTANDING CURRENT AFFAIRS   Keisham Meghchandra Singh Vs Hon’ble Speaker of Manipur 2020 – Decision under anti defection law should be made within a reasonable time period. Issues  Absolute power to presiding officer  Unable to curb instability  No liability for political parties because it punishes legislators only for switching parties  Restricts freedom of speech and legislation and reduce accountability of elected representatives. What can be done?  Defining defection  Issue of disqualification should be decided by president or governor on advice of Election Commission  Active involvement of Ethics Committee  Law must explicitly set out what it means by the words voluntarily giving up membership to avoid any confusion. MINORITY EDUCATIONAL INSTITUTIONS (MEIS) Why? A Constitution Bench of the Supreme Court has reserved judgment on the case concerning the minority status of the Aligarh Muslim University (AMU)  Article 30(1) of the Constitution deals with right of linguistic and religious minorities to establish and administer educational institutions of their choice  National Commission for Minority Educational Institutions Act (NCMEIA), 2004 was enacted to  safeguard the educational rights of the minorities enshrined in Article 30(1),  A quasi-judicial body that possesses the powers of a Civil Court, decides questions relating to the status of any institution as a MEI  Central Government has notified six religious minority communities viz. Muslim, Christian, Sikh, Buddhist, Parsi and Jain. o However, minority communities are not defined in the Constitution. Special Privileges enjoyed by MEIs  Under Article 30(1A) in case of acquisition of any property of an educational institution established and administered by a minority, due compensation to be provided.  MEIs are not required to implement the reservation policy under Section 3 of Central Educational Institute Reservation in Admission) Act, 2006 (as amended in 2012  The Right to Education Act, 2009 is not applicable to MEIs, aided or unaided. ARTICLE 142 UNDERSTANDING CURRENT AFFAIRS   Supreme Court nullified the outcome of Chandigarh Mayor election exercising its power under article I42 of Constitution to ensure complete justice. Judicial Pronouncements  Indira Sawhney case 1992 – cap to 50% limit on reservation and introduced concept of creamy layer.  TMA Pai foundation Vs. UOI 2003 – State cannot make reservation of seats in admissions in privately run educational institutions.  Janhit Abhiyan Case 2022 – upheld the EWS Reservation granted through 103rd amendment. PARLIAMENTARY INSTITUTIONS Panel of vice chairpersons in Rajya Sabha Vice-PresidentandRajya Sabha Chairman reconstitutedthepanelof Vice-Chairpersons. Anyofthe membersofpanel may preside over Rajya Sabha in absence of Chairmanand Deputy Chairman. Motion of thanks Addressdeliveredbythepresidentaccordingto ARTICLE 87 of constitution. Article 87 of the Constitution requires the President to address both Houses of Parliament assembled together and inform Parliament of the causes of it summons at the commencement of: UNDERSTANDING CURRENT AFFAIRS  ✓ the first session after each general election to theHouse of the People, and ✓ the first session of each year. o It must be adopted in both the Houses of theParliament. It can be adopted with amendments. Minister without portfolio Governmentof India Allocation of Business) Rules,1961 allowsPresidenton advice of PMtoentrustresponsibilities of specifiedbusinesstoaunionminister without portfolio. Donothaveadepartment/ officetohandle, but entitledtoprerequisitesand privileges of a minister. Doesnot draw salary and emoluments as minister, but only asmemberof Legislature Denotification of cantonments o Anareawheremilitarytroopsare garrisonedandisprimarilydedicatedto housingsoldiers. However, civilian populationsarealso present. o Genesis: Establishedby East India Company after the battle of Plassey in 1757. ✓ Barrackpore Calcutta) wasfirst Cantonment established in1765. o Currently there are 62 cantonments in India. o Administration:Localself- governmentoftheCantonmentsis the subject matter of Union govt under entry 3 OVER-THE-TOP (OTT) PLATFORMS REGULATIONS  OTT is an application accessed and delivered over the public Internet.  Regulation of OTT Platforms UNDERSTANDING CURRENT AFFAIRS  o IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 under IT Act 2000 prescribe a framework for regulation of content by online publishers of news and current affairs and curated audiovisual content (like films, series, and podcasts). o Recently, Union Minister for communications and IT clarified that OTT communication services like WhatsApp are not covered under Telecommunications Act 2023. o Telecom Disputes Settlement and Appellate Tribunal held that OTT streaming platforms do not fall under the jurisdiction of TRAI. Why regulation?  Consumer Protection: Regulations enforce standards for privacy, data security, and transparent subscription practices, safeguarding consumers.  Content Broadcast: OTT platforms often feature explicit drug use, violence, and abusive language, potentially eroding societal norms and values.  Revenue Generation: Regulation ensures proper reporting and taxation of revenues from OTT platforms, contributing to the economy.  Security: OTT communication services can be misused by terrorists and anti-social elements, necessitating regulation. It also facilitates selectively ban of OTT Apps in disturbed areas to prevent disruption of critical services such as education and health.  Level Playing Field: Regulating OTT platforms promotes fair competition, ensuring traditional media like TV and cinema, which face strict content regulations, are not disadvantaged. Concerns  Potential of Over Regulation: Imposing additional regulations could negatively impact spontaneous initiatives and partnerships driving the growth of sectors.  Economic Impacts: A unified regulatory framework could raise costs for OTTs, potentially increasing consumer prices and hindering innovation due to diverted resources.  Barrier to Entry: Complex collaboration regulations for new OTT entrants could hinder their establishment, reducing competition in the OTT space  International Jurisdiction Issues: OTT platforms operate globally, thus a singular regulatory framework in one country can complicates OTT operations for global audiences NATIONAL LEGAL SERVICES AUTHORITY (NALSA) Why? Parliamentary Standing Committee submitted its report on review of the working of legal aid under the legal services authorities at 1987.  NALSA oversees the implementation of legal aid policies and programs and monitors legal aid activities across India.  NALSA grants authority to oversee legal aid initiatives to Legal Services Authority at  National/State/District Level; Taluka/Sub divisional Legal Services Committee; and HC and SC Legal Services Committees. UNDERSTANDING CURRENT AFFAIRS   Core principle of NALSA: Ensures impoverished and underprivileged access justice through free legal services.  Scope of Legal Aid: Extends to courts, tribunals, and bodies with judicial or quasi-judicial powers.  Funding: Funded by the central government and distributed to state and district legal services authorities.  Coverage: Covers weaker sections like women, children, SC/ST members, industrial workmen, PwD, persons in custody, and human trafficking victims. JUDICIARY TRIBUNAL SYSTEM IN INDIA Why? the Supreme Court ruled that tribunals cannot direct the government to frame policy. SC was deciding on whether the Armed Forces Tribunal (AFT) could have directed the government to make a policy to fill up the post of Judge.  SC held that a tribunal subject to the High Courtʼs jurisdiction under Article 226 cannot be permitted by law, to direct the framing of a policy by the Government.  Making policy is not in the domain of the Judiciary.  TRIBUNALS- Article 323 after 42nd CAA- Tribunals are quasi-judicial bodies. UNDERSTANDING CURRENT AFFAIRS  o Article 323A -Empowered Parliament to constitute administrative Tribunals (both at central and state level) for adjudication of matters related to recruitment and conditions of service of public servants. o Article 323B- Specified certain subjects (such as taxation, land reforms, etc.) for which Parliament or state legislatures may constitute tribunals.  MATTERS under Article 323B are not exclusive, and legislatures are empowered to create tribunals on any subject matter under their purview as specified in the Seventh Schedule of the Constitution. COMPOSITION  Apart from the judicial member, an expert member is also present in the tribunal.  Appeals: Appeals from tribunals usually lie with the concerned High Court.  However, some laws specify that appeals will be heard by the Supreme Court. 1941 1st Tribunal That Was INCOME TAX TRIBUNAL 1976 42nd CAA Was Passed That Specified The Presence Of TRIBUNALS TRIBUNAL REFORM ACT - Abolished Certain TRIBUNALS Like Film Certification Appeal Tribunals And Transferred Their Function To The 2021 Judiciary Significance  Specialization: It ensures that cases are adjudicated by individuals with a deep understanding of relevant legal and technical issues.  Speedy Resolution: Timely decisions in crucial areas such as service matters, tax disputes, and environmental issues.  Geographically dispersed: Benches located nationwide ensure accessibility.  Efficiency in Service Matters: Administrative Tribunals, like Central Administrative Tribunal (CAT), expedite the resolution of service-related matters for government employees. Issues  Supreme Court reiterated in 2019 that lack of judicial dominance in selection committees of Tribunals violates the doctrine of separation of powers.  There are over 7500 pending cases at motor accident claims tribunal.  Short tenure of members along with provisions of reappointment increases the influence of executive  Overlapping jurisdictions between tribunals and regular courts. DEFAMATION UNDERSTANDING CURRENT AFFAIRS  Why? 285th Report of Law Commission recommended that criminal defamation should be retained as part of new criminal laws  Defamation is any false statement published or spoken deliberately, intentionally, knowingly with the intention to damage someoneʼs reputation.  Defamation is considered a reasonable restriction under Article 19(2) to the freedom of speech and expression in Article 19(1)(a).  Constitutional and Legal Provisions for Criminal Defam