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PRELIMS BOOSTER One Year Current Affairs for Pre 2020

POLITY

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TABLE OF CONTENT

UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967 ............................................................. 3

L-G role in Puducherry administration ................................................................................ 3

THE COLLEGIUM SYSTEM ............................................................................................... 4

‘BLACK LISTS’ OF INDIAN-ORIGIN PEOPLE ......................................................................... 5

STICK TO DEADLINE ON FINALISATION OF ASSAM NRC: SUPREME COURT ............................. 5

APEX COURT UPHOLDS VALIDITY OF KARNATAKA SC/ST GOVT. STAFF PROMOTION LAW ........ 6

PROJECT ‘SPARROW-CBIC’ .............................................................................................. 7

KERALA ASSEMBLY PROCEEDINGS TO BE DIGITIZED: SPEAKER ............................................ 8

AFSPA ......................................................................................................................... 8

WOMEN’S REPRESENTATION IN 17TH LOK SABHA RISES TO A RECORD AT 14.4% ................... 9

Armed Force Tribunal (AFT) .......................................................................................... 10

HC: UNITED NATIONS NOT A STATE UNDER ARTICLE 12 ................................................... 10

PEPSICO AGREES TO WITHDRAW CASES AGAINST GUJARAT FARMERS ................................ 11

MOTION OF THANKS TO PRESIDENT ADDRESS PASSED BY PARLIAMENT .............................. 12

NORTH EASTERN COUNCIL ........................................................................................... 12

THE AADHAAR AND OTHER LAWS (AMENDMENT) BILL, 2019 ............................................. 13

ONE NATION, ONE ELECTION ........................................................................................ 13

NATIONAL PARTY STATUS ............................................................................................ 14

PRO TEM SPEAKER ...................................................................................................... 15

NITI AAYOG ................................................................................................................ 16

THE DNA TECHNOLOGY (USE &APPLICATION) REGULATION BILL 2019 ................................ 16

SETTING UP OF FOREIGNERS TRIBUNALS ........................................................................ 17

THE CENTRAL EDUCATIONAL INSTITUTIONS (RESERVATIONS IN TEACHER’S CADRE) BILL, 2019 ................................................................................................................................ 19

JAL SHAKTI MINISTRY .................................................................................................. 19

MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019 ................................. 20

ANTI-DEFECTION LAW ................................................................................................. 21

REGISTER OF INDIGENOUS INHABITANTS OF NAGALAND (RIIN) .......................................... 22

RIGHT TO INFORMATION (AMENDMENT) BILL, 2019 ........................................................ 23

INTER-STATE RIVER WATER DISPUTES (AMENDMENT) BILL, 2019 ..................................... 24

SECTION 124-A OF INDIAN PENAL CODE .......................................................................... 26

THE NATIONAL INVESTIGATION AGENCY (AMENDMENT) BILL, 2019 ................................... 26

PRIVATE MEMBER BILL ................................................................................................ 27

NATIONAL MEDICAL COMMISSION BILL, 2019 .................................................................. 28

NUMBER OF SUPREME COURT JUDGES INCREASED FROM 30 TO 33 (EXCLUDING CJI). ......... 32

SPECIAL STATUS OF JAMMU AND KASHMIR REMOVED ................................................... 33

POSTAL BALLOT FOR ABSENTEE VOTERS ....................................................................... 38

SUPREME COURT RECALLS VERDICT DILUTING SC/ST ANTI – ATROCITIES LAW .................... 39

NAGA PEACE ACCORD .................................................................................................. 41

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PARICHAY: LEGAL AID CLINIC ........................................................................................ 43

GOVERNMENT FORMS A TASK FORCE TO PREPARE A NATIONAL ACTION PLAN ON HUMAN RIGHTS ...................................................................................................................... 44

DRAFT ARMS (AMENDMENT) BILL ................................................................................. 46

250th SESSION OF RAJYA SABHA .................................................................................... 46

JUSTICE SHARAD ARVIND BOBDE TAKES OATH AS NEXT CHIEF JUSTICE OF INDIA (CJI) .......... 47

OVERSEAS CITIZENS OF INDIA CAN SUBSCRIBE TO NATIONAL PENSION SYSTEM .................... 49

SUPREME COURT UPHOLDS DISQUALIFICATION OF 17 REBEL MLAS, CAN CONTEST BYPOLLS . 49

CHIEF JUSTICE OF INDIA’S OFFICE COMES UNDER RIGHT TO INFORMATION (RTI) AMBIT ....... 51

LOGO, MOTTO INTRODUCED FOR LOKPAL ........................................................................ 52

REVIEW PETITIONS IN SUPREME COURT ......................................................................... 53

RULE 12 OF THE GOVERNMENT OF INDIA (TRANSACTION OF BUSINESS) RULES, 1961 ........... 53

NATIONAL YOUTH PARLIAMENT SCHEME ....................................................................... 54

CONSTITUTION DAY .................................................................................................... 54

LOK SABHA ................................................................................................................ 55

ANGLO-INDIANS LEFT OUT AS BILL TO EXTEND QUOTA IN LEGISLATURE GETS NOD ............. 55

LOK SABHA SPEAKER CAPS PRIVATE MEMBER BILLS ......................................................... 56

GOOD GOVERNANCE INDEX ........................................................................................... 57

CITIZENSHIP (AMENDMENT) ACT, 2019 .......................................................................... 57

ASSAM ACCORD 1985 ................................................................................................... 58

DISHA BILL ................................................................................................................. 59

POLITICAL PARTIES REGISTRATION TRACKING MANAGEMENT SYSTEM (PPRTMS)............... 59

SANTHALI USED FOR THE FIRST TIME IN RAJYA SABHA ..................................................... 60

Agreement to settle Bru refugees in Tripura inked ............................................................. 61

Classical Languages in India ........................................................................................... 61

Official Language ......................................................................................................... 62

Article 131 ................................................................................................................. 63

Private Property is a human right: Supreme Court ............................................................. 64

SC verdict on internet shutdown in Kashmir ..................................................................... 65

State can regulate minority institutions, says Supreme Court ............................................... 66

Election Commission of India launches PPRTMS ................................................................ 68

Belgaum tension between Maharashtra and Karnataka ....................................................... 68

Chhattisgarh challenges NIA Act ..................................................................................... 69

Assam: National Democratic Front of B (S) signs Suspension of Operations agreement withCentre ................................................................................................................................ 70

Department of Military Affairs (DMA) .............................................................................. 71

Supreme Court bats against transfer of community resources .............................................. 71

Dubai declared ‘reciprocating territory’ by India ................................................................ 72

Manipur tribes call a truce after decades of conflict ............................................................ 72

Tribal Affairs Ministry proposes 6th Schedule Area status to Ladakh ..................................... 73



UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967

News: The Government of India has constituted the Unlawful Activities (Prevention) Tribunal to

adjudicate whether or not there is sufficient reason to continue the ban on the Liberation Tigers of

Tamil Eelam (LTTE).

Facts:

● Earlier, Central Government had extended the ban on the LTTE for another five years

under Unlawful Activities (Prevention) Act, 1967. The LTTE objective to create a seperate

country for the tamils threatened the sovereignty and territorial integrity of India.

Salient feature of Unlawful Activities (Prevention) Act, 1967:

● It is aimed at effective prevention of certain unlawful activities of individuals and

associations and for dealing with terrorist activities. Its objective is to deal with activities

directed against integrity and sovereignty of India.

● The Act defines unlawful activity as any action by an individual or association which is

intended to bring about cession/secession or such action as to disrupt o question the

sovereignty and territorial integrity of India.

● The Unlawful Activities (Prevention) Act, 1967 was amended in 2004 to criminalise the

raising of funds for a terrorist act, holding of the proceeds of terrorism, membership of a

terrorist organisation, support to a terrorist organisation, and the raising of funds for a

terrorist organisation. Prevention of Terrorism Act (POTA) was repealed in 2004.

● It was again amended in 2012 to comply with the guidelines of the Financial Action Task

Force (FATF). The definition of “terrorist act” was expanded to include offences that

threaten economic security, counterfeiting Indian currency and procurement of weapons.

Criticism of UAPA, 1967

● The Act introduces a vague definition of terrorism to encompass a wide range of non-

violent political activity, including political protest.

● It empowers the government to declare an organisation as ‘terrorist’ and ban it. Mere

membership of a proscribed organisation itself becomes a criminal offence.

● It allows detention without a charge-sheet for up to 180 days and police custody can be up to 30 days

Other Facts:

● Financial Action Task Force (FATF) is an inter-governmental organisation set up in

1989 to develop policies to combat money laundering and terrorist financing. India got FATF

membership in 2010 on the assurance that it would make suitable amendments in the Act by

March 2012.

L-G role in Puducherry administration News: The Madras High Court has ruled that the Lieutenant Governor cannot interfere in the day

to day affairs of an elected government in Puducherry.



Facts:

Key observation by High Court:

● The court observed that incessant interference from the L-G would amount to running a “parallel

government”

● Article 239A symbolises the supremacy of the Legislature above the Administrator in case of the Union

Territory of Puducherry.

● The Administrator cannot interfere in the day to day affairs of the Government. The decision taken by the

Council of Ministers and the Chief Minister is binding on the Secretaries and other officials

● Government secretaries were bound to take instructions from the Ministers and the Council of Ministers,

headed by the Chief Minister. Government secretaries of the Puducherry administration were required

to report to the Council of Ministers headed by the Chief Minister on all official matters.

● The court also went on to point out the differences between the powers conferred on the legislatures of

Puducherry and Delhi under Articles 239A and 239AA of the Constitution. The court said though Article

239AA imposes several restrictions on the legislature of Delhi but no such restrictions had been imposed

explicitly in the case of Puducherry under Article 239A.

Additional Facts:

● According to Article 239AA, the elected legislature of NCT of Delhi cannot enact laws relating to entries

1,2 and 18 of the state list. It means that Delhi’s elected government cannot make laws concerning public

order, police and land rights.

● However, under Articles 239A Puducherry Assembly can legislate on any issue under the Concurrent

and State Lists. But, if the law is in conflict with a law passed by Parliament then the law passed by

Parliament prevails.

● SC said that LG of Delhi has no independent decision making power and has to act on aid and advise of

the elected government.

THE COLLEGIUM SYSTEM News: The Centre had returned the proposals forwarded by the Supreme Court collegium for elevation of High

Court judges to the Supreme Court.

Facts:

The Collegium System

● Collegium system in India is a forum of judges which decides on appointments/elevations of Judges/

transfers of judges of Supreme Court and High Court.

● It comprises of Chief Justice of India and four senior most judges of India. ● The collegium system is an innovation of judiciary and it is not mentioned in the constitution of India. It

has its genesis in three judgements of SC collectively known as Three Judges Cases.

● The collegium system provides for greater say of judiciary than executives in the appointment/ transfer

of judges. The collegium sends its recommendation to the Government for approval. The government can

either accept it or reject it. In the case it is rejected, the recommendation comes back to the collegium. If



the collegium reiterates its recommendation to the government, then it is bound by that

recommendation.

Criticism of Collegium System:

● Process is closed door, opaque and non-transparent ● It favours nepotism, favouritism. ● Provides large room for arbitrary and whimsical decisions

NJAC (National Judicial appointment commission)

● It was established by Union Govt through 99th constitutional Amendment Act. ● However, the supreme strike down the constitutional amendment Act terming it as unconstitutional. It

also introduced the doctrine of judicial primacy and exclusivity in judicial appointment.

‘BLACK LISTS’ OF INDIAN-ORIGIN PEOPLE News: The Home Ministry has decided to discard its ‘Black List’ of Indian-origin people.

Facts:

● It is the list maintained by Indian missions and posts abroad. ● The list mostly comprised of the names of people belonging to the Sikh Community who had taken asylum

abroad under the plea of alleged persecution in India.

● Those who were in the Blacklist were denied visa services by Indian missions and posts. ● With the decision to do away with the list, such asylum seekers along with their family will be granted visa and

consular services at par with foreigners of the country in which they are living.

● The asylum seekers can also obtain Overseas Citizen of India (OCI) cards if they have held normal Indian

visas for at least two years.

Additional Facts:

● The Overseas Citizen of India (OCI) is an immigration status permitting a foreign citizen of Indian origin to

live and work in the Republic of India indefinitely. It was introduced by The Citizenship (Amendment) Act,

2005.

STICK TO DEADLINE ON FINALISATION OF ASSAM NRC: SUPREME COURT News: The Supreme Court said that it will not extend the July 31 deadline for finalisation of the National Register

of Citizens (NRC) in Assam.

Facts:

● The National Register of Citizens (NRC) is a register which contains the name of all citizens of India residing in

Assam. The process of NRC update in Assam has been taken up as per a Supreme Court order in 2013.

● The apex court directed Assam NRC Co-ordinator to act with “wise discretion” while dealing with objectors



who had failed to appear for scheduled hearings. The direction after the court was informed that many

persons, who had objected to exclusion from the draft NRC are not coming forward before panels which

are dealing with such complaints.

● The Supreme Court had questioned a proposal and feasibility by the Assam government to quickly open

1,000 foreigners’ tribunals all over the state to try suspected illegal immigrants.

● The court had highlighted that there would be an influx of petitions in the foreigners’ tribunals once the final

NRC was published on July 31st.

Other Facts:

● The National Register of Citizens (NRC) is a register which contains the name of all citizens of India

residing in Assam. The process of NRC update in Assam has been taken up as per a Supreme

Court order in 2013. The update is being carried out under the Citizenship Act, 1955, and according to rules framed in

the Assam Accord, 1985.

● Assam Accord is a Memorandum of Settlement (MoS) signed between representatives of the

Government of India and the leaders of the Assam Movement- a movement against illegal immigrants in

Assam. As per the accord, there has to be a separate NRC for Assam.

● Citizenship Act, 1955- dealing with acquisition and loss of citizenship in India- was amended in 1985 to

incorporate Section 6A. This section fixes March 25, 1971 as the cut-off date for granting citizenship to

Bangladeshi migrants in Assam.

● The draft Assam NRC was published on July 30, 2018 in which the names of 2.89 crore of the 3.29 crore

people were included. Over 35 lakh people excluded from the draft had filed claims for Indian citizenship.

● Foreigners Tribunal (FT) was set up in Assam in 1964 through the Foreigners Tribunal Order 1964. The

tribunals are mandated with identifying the legal status of suspected foreigners in Assam.At present, there

are 100 FTs in Assam; of these 64 were set up in 2015, to expedite the exercise of determining illegal

immigrants in the state through the National Register of Citizens (NRC).

● Assam also had Illegal Migrants Determination Tribunal which was established in 1985 under the Illegal

Migrants (Determination by Tribunal) (IMDT) Act, 1983. The tribunals only considered the cases of those

who had allegedly entered India after March 25, 1971. IMDT Act was enacted to put forward the procedures

to detect illegal immigrants (from Bangladesh) and expel them from Assam.

● IMDT Act had placed the onus of proving citizenship on the accuser, rather than the accused and thus had

made determining illegal migrants difficult. In 2006, the Act was struck down by the Supreme Court on

the grounds that it was the main impediment the identification and deportation of illegal migrants

APEX COURT UPHOLDS VALIDITY OF KARNATAKA SC/ST GOVT. STAFF PROMOTION LAW

News: In the Jarnail Singh v Lachmi Narain case, the Supreme Court upheld the constitutional validity of the

Karnataka government’s 2018 law, which provided for reservation in promotion and seniority to SC and ST

employees.

Facts:



● The Karnataka governments 2018 Act provided for consequential seniority to persons belonging to the

Scheduled Castes and Scheduled Tribes promoted under the reservation policy of the State of Karnataka.

● Earlier, the Karnataka Determination of Seniority of the Government Servants Promoted on the Basis of

the Reservation Act 2002 was held to be unconstitutional in BK Pavitra case on the ground that an exercise

for determining ‘inadequacy of representation’, ’backwardness’ and the impact on ‘overall efficiency’ had not

preceded the enactment of the law.

Additional Facts:

● In Indra Sawhney vs Union of India, the Supreme Court had held that reservations under Article 16(4) could

only be provided at the time of entry into government service but not in matters of promotion.

● In 1995, Parliament had brought the 77th amendment by which clause (4A) was inserted into Article 16 to

enable reservation to be made in promotion for SCs and STs.

● The validity of the 77th amendment to the Constitution and of the legislation enacted in pursuance of those

amendments was challenged before the Supreme Court in the Nagaraj case (2006). The SC upheld the

constitutional validity of these amendments.

● It ruled that if the state wished to exercise their discretion and make provision (for reservation in

promotions for SCs/STs), the State has to collect quantifiable data showing backwardness of the class and

inadequacy of representation and compliance to Article 335. It will have to see that its reservation

provision does not breach the ceiling-limit of 50%.

● Article 335 recognizes the requirement of special measures without compromising the efficiency in the

administration.

PROJECT ‘SPARROW-CBIC’ News: Government of India has launched Project SPARROW-CBIC.

Facts:

● It is a project for online writing of Annual Performance Appraisal Report (APAR) for Group ‘B’ and ‘C’ Officers

of Central Board of Indirect Taxes and Customs (CBIC). SPARROW stands for Smart Performance Appraisal

Report Recording Online Window (SPARROW).

● The Directorate General of Human Resource Management (DGHRM), the HR arm of CBIC is the

implementing agency for this project.

● SPARROW-CBIC brings a complete change in APAR management of such a large number of Group B & C

officers of CBIC which would in turn lead to better HR Management. It is an important milestone in the

journey towards digitisation and paperless working.

Other Facts:

● Earlier, online writing of APARs in SPARROW for IRS(C&CE) Officers had already been implemented.

Now, online writing of APARs in SPARROW has been launched for Group B & C officers of CBIC.

● In Performance Appraisal, assessment of performance of employees is undertaken periodically for

determining their output and their abilities. Performance appraisal is carried out to serve many purposes

such as promotion, compensation, training and so on.



KERALA ASSEMBLY PROCEEDINGS TO BE DIGITIZED: SPEAKER News: Kerala state assembly has decided to become paperless with total digitization of the records and

proceedings. This initiative is part of an ambitious project called E-Vidhan.

Facts:

● Once the project is completed, all the Assembly proceedings like submission of notice by a member, question

and answers, and all the other business concerning the Assembly will go paperless.

Other Facts:

E-Vidhan:

● E-Vidhan is a Mission Mode Project to digitize and make the functioning of State Legislatures paperless.

This is part of the Digital India programme. The nodal ministry is the Ministry of Parliamentary Affairs

(MoPA).

● The mission aims 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.

● The funding for e-Vidhan is provided by the MoPA and technical support by Ministry of Electronics and

Information Technology (MietY).

● Himachal Pradesh is already the first Digital Legislature of the country.

AFSPA News: The Armed Forces (Special Powers) Act is set to be withdrawn from Assam in August, 2019.

Facts:

● In 1990, the entire state of Assam was declared a “disturbed area” and AFSPA was imposed when the

United Liberation Front of Assam (ULFA) militancy was at peak. ULFA sought to establish an independent

state of Assam with an armed struggle in the Assam conflict.

● In September 2018, the Centre had delegated to Assam the power to extend or withdraw AFSPA. The

state government had twice extended the Act, citing the upcoming publication of the final National

Register of Citizens (NRC). The deadline for submitting the complete and final NRC is July 31st.

Other Facts:

AFSPA, 1958

● The Armed Forces (Special Powers) Act was enacted in 1958 to bring under control what the

government of India considered ‘disturbed’ areas.

● Disturbed Area

○ A disturbed area is one which is declared by notification under Section 3 of the AFSPA. It can be

invoked in places where the use of armed forces in aid of the civil power is necessary.



○ An area can be disturbed due to differences or disputes between members of different religious,

racial, language or regional groups or castes or communities.

○ The Central Government, or the Governor of the State or administrator of the Union Territory can

declare the whole or part of the State or Union Territory as a disturbed area.

○ The Ministry of Home Affairs would usually enforce this Act where necessary, but there have been

exceptions where the Centre decided to forego its power and leave the decision to the State

governments.

○ Once declared ‘disturbed’, the region is maintained as disturbed for a period of three months

straight, according to The Disturbed Areas (Special Courts) Act, 1976. The government of the state

can suggest whether the Act is required in the state or not.

● Powers of Army in Disturbed Area

○ Under Section 4 of the AFSPA, an authorised officer in a disturbed area enjoys certain powers.

The authorised officer has the power to open fire at any individual even if it results in death if the

individual violates laws which prohibit (a) the assembly of five or more persons; or (b) carrying

of weapons. However, the officer has to give a warning before opening fire.

○ The authorised officer has also been given the power to (a) arrest without a warrant; and (b) seize and

search without warrant any premises in order to make an arrest or recovery of hostages, arms and

ammunitions.

○ Individuals who have been taken into custody have to be handed over to the nearest police station as

soon as possible.

○ Prosecution of an authorised officer requires prior permission of the Central government. ● AFSPA is effective in the whole of Nagaland, Assam, Manipur (excluding seven assembly constituencies

of Imphal) and parts of Jammu Kashmir and Arunachal Pradesh. The Centre had revoked it in Meghalaya

on April 1, 2018.

WOMEN’S REPRESENTATION IN 17TH LOK SABHA RISES TO A RECORD AT 14.4%

News: During the recent 17th Lok Sabha, 78 elected women MPs have got elected. This is the highest number of

women representatives since independence.

Facts:

● Women will account for 14.39% of the entire strength of the 17th Lok Sabha. However, the regional parties

have a higher ratio of women MPs.

● Women candidates also displayed a higher winnability factor or strike rate. A higher success rate or

winnability factor shown by women candidates is consistent with the past record.

Other Facts:

● The Constitution (One Hundred and Eighth Amendment) Bill,2008 (commonly known as Women

Reservation Bill) seeks to reserve one-third of all seats for women in the LokSabha and the state legislative



assemblies. The bill was passed in the RajyaSabha in 2010 but is still pending in LokSabha.

Armed Force Tribunal (AFT) News: Armed forces tribunal (AFT) has directed the government to produce before it all records and documents

relating to selection of the new Navy Chief.

Facts:

● This direction by the AFT came in response to a petition filed by Vice Admiral challenging the

government’s decision to ignore him for the Navy chief’s post despite him being the senior most officer.

Armed Force Tribunal (AFT):

● Armed Forces Tribunal (AFT) is an Indian military tribunal established in 2009 under the Armed Forces

Tribunal Act, 2007.Its Principal Bench is in New Delhi.

● It’s objective is to adjudicate complaints w.r.t appointments and conditions of service in respect of persons

subject to the (a) Army Act,1950 (b) The Navy Act,1957 and (c) the Air Force Act,1950.It can further provide

for appeals arising out of the orders of courts martial held under the above- mentioned Acts.

● The Tribunal comprises of Judicial Members and Administrative Members. Judicial Members are retired

High Court Judges. Administrative Members are retired Members of the Armed Forces who have held the rank

of Major General/ equivalent or above for a period of three years or more.

● Proceedings are conducted as per the Armed Forces Tribunal (Procedure) rules,2008. The Tribunal

normally follows the procedure as practiced by High Courts of India. Paramilitary forces including the Assam

Rifles and Coast Guard are outside the tribunal’s purview.

HC: UNITED NATIONS NOT A STATE UNDER ARTICLE 12 News: The Delhi High Court has ruled that United Nations (UN) is not a State within the meaning of Article 12 of the

Constitution of India and is not amenable to the jurisdiction of the Court under Article 226 of the Constitution of

India.

Facts:

● The HC has held that UN is an international body and cannot be treated as agency of the government. ● The judgment was passed on a petition concerning the immunity enjoyed by the UN under the United

Nations (Privileges and Immunities) Act, 1947.

● The petitioner was a former UN employee who was found guilty of misconduct and was sentenced to 97

months of imprisonment. After serving his sentence,the petitioner was deported to India.

● The petitioner then filed a plea before the High Court. The petitioner claimed that due process was not

followed in his case.

● In November 2018, he had also written a letter to the Ministry of External Affairs seeking a grant of

permission to initiate legal action against the UN under section 86 of Civil Procedure Code,1908. The



provision provides that a foreign State may be sued in any Court with the consent of the Central government.

● The Ministry had replied that the consent of the Government of India is not required to initiate a legal suit

against UN as it is not a foreign state and is only an Internal Organization. However,it said that the UN and its

officials enjoy immunity under the United Nations (Privileges and Immunities) Act,1947.

Additional Facts:

● Article 12 of Indian Constitution ● Art 12 defines the meaning of ‘State’ for purpose of Part III and Part IV. ● According to Article 12, the term ‘State’ includes:

o The Government and Parliament of India: the term “State” includes Government of India (Union

Executive) and the Parliament of India (Union Legislature)

o The Government and the Legislature of a State i.e., the State Executive and the legislature of each

state.

o All local authorities; and o Other authorities within the territory of India; or under the control of the Central Government.

o The term ‘other authorities’ in Article 12 has nowhere been defined. ● Judiciary is not mentioned in Art 12 ● Article 226 empowers the high courts to issue writs to a person or authority, including the

government.The writs which can be issued are (a)habeas corpus (b)mandamus (c)prohibition (d)quo warranto

and (e)certiorari.

PEPSICO AGREES TO WITHDRAW CASES AGAINST GUJARAT FARMERS News: PepsiCo India Holdings Ltd. (PIH) had decided to withdraw cases against potato growers in Gujarat, whom it

had accused of infringing its patents.

Facts:

● PepsiCo uses its proprietary FC5 variety of potato for making chips. For this, PepsiCo had also entered

into an exclusive buyback arrangements with farmers in India. It had also engaged with the farmers in Gujarat

for sowing and producing the FC-5 variety potatoes for its snacks division.

● However, PepsiCo had found potato farmers not under such an arrangement with the company buying

seeds and selling the FC5 variety of potatoes, following which it had filed suit against them.

● Under the suit, PepsiCo had claimed exclusive rights over the said variety under the Protection of Plant

Varieties and Farmers’ Rights (PPV&FR) Act,2001 seeking damages worth Rs. 1 crore from at least four

farmers.

● However, farmer groups have cited Section 39 of the Protection of Plant Varieties and Farmers’ Rights

(PPV&FR) Act,2001 which specifically says that a farmer is allowed to grow and sell any variety of crop or

even seed as long as they don’t sell branded seed of registered varieties.

Other Facts:

● The Protection of Plant Variety and Farmers Right Act,2001(PPVFR Act) is an Act of the Parliament of India



that was enacted to provide for the establishment of an effective system for the protection of plant varieties,

the rights of farmers and plant breeders, and to encourage the development and cultivation of new varieties

of plants.

MOTION OF THANKS TO PRESIDENT ADDRESS PASSED BY PARLIAMENT News: A Motion of Thanks to President for his address to the joint sitting of Parliament (17th Lok

Sabha) was passed by both the Houses.

Facts:

● President’s Address to Parliament – ○ It is governed by Articles 86 (1) and 87 of the Indian Constitution and Rules 16 to

24 of the Rules of Procedure and Conduct of Business in Lok Sabha.

○ Article 86(1) of the Indian Constitution mandates President of India to address either

house of Parliament or both houses of parliament assembled together and for that purpose

require the attendance of members.

○ Article 87 of the Indian Constitution (Special address by the President) provides two

instances when the President specially addresses both Houses of Parliament (a) first session

of each year and (b) first Session after each general election when the reconstituted Lok

Sabha meets for the first time.

○ It is a broad statement of government policy and it is approved by cabinet.

● Motion of Thanks –

○ The president’s address is followed by Motion of thanks, which is moved in each house for

voting by ruling party’s MP. Deliberated in each house, it provides a chance for opposition

to critically examine the government’s policies.

○ The Motion of Thanks must be passed in both the houses (with or without amendments).

Amendment to motion of thanks can address parts of speech or issues it failed to mention.

However, a failure to get motion of thanks passed amounts to defeat of government and

leads to collapse of government. Thus, motion of thanks is deemed to be a No Confidence

Motion.

○ There have been only five instances so far, when the Motion of Thanks was adopted by Rajya

Sabha with amendments (in the years 1980, 1989, and 2001, 2015 and 2016)

NORTH EASTERN COUNCIL News: Plenary session of North Eastern Council will be held in Guwahati on Aug 3-4, 2019.

Facts:

● North Eastern Council (NEC) – ○ It is the zonal council for the North Eastern Region of India. ○ It was established in 1972, is a statutory organization under North Eastern Council Act, 1971. ○ It is the nodal agency for economic and social development of North Eastern Region. ○ Composition of the Council: (a) Governors and Chief Ministers of constituent States and

(b) three members nominated by the President. It is chaired by the Union Home Minister

and the Vice Chairman of the council is Minister of State (Independent Charge), Ministry of



Development of North Eastern Region (DoNER).

○ It can also perform the tasks undertaken by the various Zonal Councils to discuss such

inter-State issues such as drug trafficking, smuggling of arms and ammunition, boundary

disputes etc.

● North Eastern Region consists of 8 states - Assam, Arunachal Pradesh, Manipur, Meghalaya,

Mizoram, Nagaland, Sikkim and Tripura.

THE AADHAAR AND OTHER LAWS (AMENDMENT) BILL, 2019 News: The Aadhaar and Other Laws (Amendment) Bill, 2019 was introduced in Lok Sabha.

Facts:

● Key Provisions of the Bill include: ○ Offline Verification: It allows for offline verification of Aadhaar card holder, without

authentication, through modes specified by UIDAI by regulation.

○ Voluntary Use: It allows for voluntary use of Aadhaar to establish identity. The Bill states

that authentication of an individual’s identity via Aadhaar, for the provision of any service,

may be made mandatory only by a law of Parliament.

○ Aadhaar number of children: The Bill specifies that at the time of enrolling a child to obtain

an Aadhaar number, the enrolling agency shall seek the consent of his parent or guardian.

The bill gives an option to children who are Aadhaar number holders to cancel their

Aadhaar number on attaining the age of eighteen years.

○ Unique Identification Authority of India (UIDAI) Fund: The bill Provides for establishment of UIDAI Fund.

○ Complaints: Under the Aadhaar Act, courts can take cognizance of an offence only if the UIDAI registers a complaint. The Bill amends this to allow the individual to register complaints in certain cases, including impersonation or disclosure of their identity.

○ Disclosure of information in certain cases - Under the Aadhaar Act, restrictions on security and confidentiality of Aadhaar related information do not apply in case the disclosure is pursuant to an order of a District Court (or above). The Bill amends this to allow such disclosure only for orders by High Courts (or above). Further, under the Act, an officer not below the rank of a Joint Secretary may issue directions for disclosing information in the interest of national security. The Bill amends this to allow such disclosure on directions of officers not below the rank of a Secretary.

Additional Information:

● Aadhaar ○ Aadhaar is a 12-digit unique identification number which is issued to all Indian residents

under section 3 of The Aadhaar (Targeted Delivery of Financial and Other Subsidies,

Benefits and Services) Act, 2016.

○ Aadhaar is issued by UIDAI on behalf of Government of India (GoI) to residents of India on

voluntary basis

○ Aadhaar serves as proof of identity and address, anywhere in India. Each Aadhaar number is

unique to an individual and will remain valid for life.

ONE NATION, ONE ELECTION



News: Prime Minister has called an all-party meeting to discuss the issue of ‘one nation, one election’.

Facts:

• One Nation, One Election refers to holding elections to Lok Sabha and State Legislative

Assembly simultaneously, once in five year.

• Simultaneous elections were held in the India during the first two decades after

Independence up to 1967. However, dissolution of certain Assemblies in 1968 and 1969

followed by the dissolution of the Lok Sabha led to the “disruption of the conduct of

simultaneous elections.”

• Problems Associated with Frequent elections are –

o Massive expenditure on conducting frequent elections. o Impact on governance due to Model Code of Conduct. o Diversion of security and civil staff from primary duties. o Disruption to normal public life as delivery of essential services is affected.

• Benefits of One Nation One Election:

o efficiency in governance as populist tendencies will diminish. o continuity in policies and program. o Reducing expenditure on conducting elections.

• Challenges/Hurdles in conducting simultaneous election

o To conduct simultaneous elections in India, many amendments to the constitution of

India are required. Besides, the deployment of security forces located in widely

varying geographic and climatic conditions at the same time will also be extremely

difficult.

o Common cycle of elections may be disrupted if any one of the simultaneously elected

legislatures is brought down by a no-confidence motion. One solution which has been

proposed for this is Constructive vote of no confidence. It means that a no

confidence motion against ruling govt can be made only if there is positive majority

for prospective successor.

NATIONAL PARTY STATUS News: The Election Commission of India (ECI) has recognized National People’s Party (NPP) as a

National Party.

Facts:

• NPP is the eighth political party to be recognised as National Party. NPP became the first

regional party of the north-east to be accorded the status of National Party.

• Currently, there are seven national parties in India namely (a) All India Trinamool Congress

(b) Bhartiya Janta Party (c) Bahujan Samajwadi Party (c) Communist Party of India (d)

Communist Party of India (Marxist) (e) Indian National Congress (INC) and (f)Nationalist

Congress Party.

• NPP was given the national party status for fulfilling conditions such as polling more than

6% of the total votes in the last general election and being recognised as a State party in at least

four States. NPP is recognised state party in Arunachal Pradesh, Manipur, Meghalaya and

Nagaland




• The Election Commission lists political parties as “national party”, “state party” or

“registered (unrecognised) party”. The conditions for being listed as a national or a state

party are specified under the Election Symbols (Reservation and Allotment) Order, 1968.

• National Party : A party is recognised as a national party if it fulfils any of the following conditions: o If it secures 6% of total valid votes polled in any four or more states at a general

election to the Lok Sabha or to the legislative assembly and in addition if it wins at

least four seats in the Lok Sabha from any state or states, or

o If it wins at least 2% of total seats in the Lok Sabha at a general election and these

seats have to be won from at least three different states, or

o If it is recognised as a state party in at least four states. • State Party: A party is recognized as a State Party if it fulfils any of the following conditions:

o If it secures at least 3% of total number of seats in the legislative assembly or at least

3 seats in legislative assembly in last general election to legislative assembly,

whichever is more or

o If it has won 1 Lok Sabha seat for every 25 Lok Sabha seat allotted for the State at a

Lok Sabha General Elections, or

o If it has polled minimum of 6% of total valid votes polled in a State and in addition it

has won 1 Lok Sabha seat at a General Election to Lok Sabha or Legislative Assembly,

or

o If it has polled a minimum of 6% of total valid votes polled in a State and in addition

it has won 2 seats at a General Election to legislative assembly, or

o If at a General Election to Lok Sabha or Legislative Assembly, the party has polled

not less than 8% of the total valid votes polled in the State.

PRO TEM SPEAKER News: BJP MP Virendra Kumar has been appointed as the Pro-tem Speaker for the newly elected 17th Lok Sabha.

Facts:

• Pro-tem Speaker: o Pro-tem in Latin means ‘for the time being’. o He/she is appointed by President/Governor in concurrence to Art 94 and 180 of

Indian Constitution for Union and States legislature respectively.

o He/she is a temporary speaker appointed for a limited period of time to conduct the

works in Lok Sabha or state legislatures till the time the house selects its speaker and

deputy speaker.

o Usually, senior most member is chosen as pro-tem speaker. o Once the new Speaker is elected, the office of the pro-tem speaker ceases to exist. o The pro-tem speaker has the same powers, privileges as that of speaker o Duties: The main duty of the pro-tem speaker is to a) administer the oath to the

newly elected members b) enables the house to elect the new speaker and c) also

conducts the floor test for the newly constituted government.



NITI AAYOG News: Prime Minister has approved the reconstitution of National Institution for Transforming India (NITI Aayog).

Facts:

• NITI Aayog comprises of o Chairperson – PM, o Vice Chairperson – Appointed by PM. Incumbent – Rajiv Kumar o Chief Executive Officer – To be appointed by PM for fixed tenure. Incumbent – Amitabh Kant o Governing Council – It comprises of Chief Minister of each state and UTs with

legislature and Lt. Governors of other UTs,

o Regional Council – To address specific issues. It is formed on need basis. It comprises

of CMs and Lt. Governor of the region. Chaired by Chairperson of NITI Aayog or his

nominee.

o Members – Full Time members, maximum of 2 Part Time members and maximum of

4 ex-officio members to be nominated by PM.

o Special Invitee – Experts with relevant domain knowledge. To be nominated by PM • The ex-officio members at present include Defence Minister, the Home Minister, the Finance

Minister and the Agriculture Minister.

• Special invitees to NITI Aayog include Minister of Road, Transport and Highways, Minister of

Social Justice and Empowerment, Minister of Railways and Minister of Statistics.


• NITI Aayog o It was formed via a resolution of the Union Cabinet on January 1, 2015. It had replaced

the erstwhile planning commission.

o It is the premier policy ‘Think Tank’ of the Government of India providing both directional and

policy inputs.

o While designing strategic and long-term policies and programmes for the

Government of India, it also provides relevant technical advice to the Centre and

States.

o It also acts as the quintessential platform of the Government of India to bring States to

act together in national interest and thereby fosters Cooperative Federalism.

o It’s important initiatives include “15 year road map”, “7-year vision, strategy and action plan” and

Atal Innovation Mission.

THE DNA TECHNOLOGY (USE &APPLICATION) REGULATION BILL 2019 News: The Union Cabinet has approved the DNA Technology (Use and Application) Regulation

Bill, 2019. Facts:

• This Bill provides for the regulation of use and application of DNA technology for the purpose

of establishing identity of missing persons, victims, offenders, under trials and unknown

deceased persons.

• The intended purpose of the bill is for expanding the application of DNA-based forensic



technologies to support and strengthen the justice delivery system of the country.

• Key provisions of the Bill

o Use of DNA data: Under the bill, DNA testing is allowed only in respect of matters

listed in schedule of bill. This includes offences under the Indian Penal Code, 1860, as

well as offences under other laws such as the Immoral Traffic (Prevention) Act, 1956,

the Medical Termination of Pregnancy Act, 1971, the Protection of Civil Rights Act,

1955, and the Motor Vehicles Act, 1988.

It also includes DNA testing for establishment of individual identity

o DNA data Bank: The bill establishes National and regional DNA data banks, for every

states, or two or more states.

o DNA Regulatory Board: The Bill establishes a DNA Regulatory Board to accredit the

DNA laboratories that analyse DNA samples to establish the identity of an individual.

All DNA laboratories will share DNA data prepared by them with the National and

Regional DNA Data Banks. DNA laboratories are required to obtain accreditation

from DNA Regulatory Board.

o Removal of DNA Profile: Bill provides for removal of the DNA profiles of the following persons:

(i) of a suspect if a police report is filed or court order given, (ii) of an undertrial if a

court order is given, and (iii) on written request, for persons who are not a suspect,

offender or undertrial, from the crime scene or missing persons’ index.

o Those leaking the DNA profile information to people or entities who are not entitled

to have it, will be punished with a jail term of up to three years and a fine of up to Rs.

1 lakh. Similar, punishment has also been provided for those who seek the

information on DNA profiles illegally.


• The Deoxyribonucleic Acid (DNA) is like a set of instructions or blueprint of all living forms,

and it encodes a detailed set of plans for building different pieces of the cell of a living

organism to grow and function. The DNA content of every human individual is comprised of

one-half of the DNA from each of the two parents. The DNA blueprint varies from one

individual to another, and it is this variation, which makes every individual (except identical

twins) unique and different. The individual-to-individual variations in DNA permit its use as

a means of identification and for establishment of biological relationships between

individuals.

SETTING UP OF FOREIGNERS TRIBUNALS News: The Ministry of Home Affairs (MHA) has issued Foreigners (Tribunals) Amendment Order,

2019. The order has amended the Foreigners (Tribunals) Order, 1964.

Facts:

• Salient Feature of Foreigners (Tribunals) Amendment Order, 2019: o It has empowered district magistrates in all States and Union Territories to set up

foreigners’ tribunals (FTs) to decide whether a person staying illegally in India is a



foreigner or not. Earlier, the powers to constitute tribunals were vested only with the

centre.

o The Amended order also empowers individuals to approach the tribunals. Earlier

only the State administration could move to Tribunal against a suspect.

o It has allowed District Magistrates to refer individuals who haven’t filed claims

against their exclusion from NRC to the Tribunals to decide if they are foreigners or

not.

• The amendment order is applicable to whole of country and is not specific to any state.

However, since NRC work is going on only in Assam, the amendment order is applicable only

to Assam as on date for all practical purposes. Currently, the quasi-judicial foreigners’

tribunals are unique to Assam and were set up under the Foreigners Tribunal Order 1964.

• In other parts of India, once a ‘foreigner’ has been apprehended by the police for staying

illegally, the person is produced before a local court under the Passport Act, 1920, or the

Foreigners Act, 1946. The illegal foreigner is then subject to a prison term of 3 months to 8

years. Once the jail term is over, they are kept in detention centres until deportation to the

country of origin.

• Recently, out of the apprehension that there would be an influx of petitions in the foreigners’

tribunals once the final National Register of Citizens (NRC) is published on July 31st 2019, the

MHA has decided to extend assistance to the Assam government in setting up 1,000

foreigner’s tribunals.


• Foreigners Tribunals o They are quasi-judicial bodies. They furnish opinion on the question as to whether a

person is or not a foreigner within the meaning of Foreigners Act 1946.

o They get two kinds of cases: ▪ those against whom a “reference” has been made by border police, and ▪ those whose names in the electoral rolls have a D (Doubtful) against them.

o As per the Foreigners Act 1946, the onus of proving that a person is foreigner or not

lies upon the person itself

• The Foreigners (Tribunals) Order, 1964

o It was issued by Central govt. Under Section 3 of The Foreigners Act, 1946. o It gives the power to central government to constitute a tribunal to decide whether a

person is foreigner or not.

o It is applicable to whole of India and is not specific to any state. o It has been amended several times.

• National Register of Citizens (NRC)

o It is a register which contains the name of all citizens of India residing in Assam. It

was prepared in 1951.

o The process of NRC update in Assam has been taken up as per a Supreme Court order

in 2013. The update is being carried out under Sec 6A of Citizenship Act, 1955, and

according to rules framed in the Assam Accord, 1985

o The update seeks to identify illegal migrants in Assam who had entered the state on or after

25th

March 1971.



THE CENTRAL EDUCATIONAL INSTITUTIONS (RESERVATIONS IN TEACHER’S CADRE) BILL, 2019

News: The Lok Sabha has passed the Central Educational Institutions (Reservation in Teachers’ Cadre) Bill,

2019.

Facts:

• The Bill brings about two major changes in reservation of teaching posts in central educational institutions.

o Firstly, it establishes that for the purpose of reservation, a Central education

Institution would be considered as one unit (not Department or subject). This means

that posts of the same level across all departments (such as assistant professor) in a

university would be grouped together when calculating the total number of reserved

seats. Under previous guidelines, each department was regarded as an individual unit

for the purpose of reservation

o Secondly, it extends reservations beyond Scheduled Castes (SC) and Scheduled

Tribes (ST), to include socially and educationally backward classes (OBC) and

economically weaker sections (EWS).

• Salient Features of the Bill

o Reservation of Posts ▪ Central Educational Institution has been considered as one unit for providing

reservation to posts in direct recruitment out of the sanctioned strength in

teachers' cadre.

▪ Reservation of posts in direct recruitment by central education institutions

has been provided for the Scheduled Castes, the Scheduled Tribes, the socially

and educationally backward classes and the economically weaker sections

o Coverage and exceptions:

▪ The Bill will apply to ‘central educational institutions’ which include

universities set up by Acts of Parliament, institutions deemed to be a

university, institutions of national importance, and institutions receiving aid

from the central government.

▪ However, it excludes certain institutions of excellence, research institutions,

and institutions of national and strategic importance which have been

specified in the Schedule to the Bill. It also excludes minority education

institutions.

JAL SHAKTI MINISTRY News: The government has formed a new Ministry called ‘Jal Shakti’.

Facts:

• Jal Shakti Ministry o It has been formed by merging the erstwhile Ministry of Water Resources, River

Development and Ganga Rejuvenation and the Ministry of Drinking Water and

Sanitation.

o It will deal with issues ranging from the provision of clean drinking water,



international and inter- states water disputes, management of water resources, and

the Namami Gange project.

• Jal Shakti Ministry will roll out government ambitious plans to provide water connections

to every household in India by 2024.


• Ministry of Water Resources, River Development and Ganga Rejuvenation o It was the apex body for formulation and administration of rules and regulations

relating to the development and regulation of the water resources in India.

o It was the nodal ministry for the Namami Gange- the flagship initiative to clean the River Ganga.

• The Ministry of Drinking Water and Sanitation

o It was the Nodal Ministry for the overall policy, planning, funding and coordination of

two flagship programmes namely,

▪ National Rural Drinking Water Programme (NRDWP) for rural drinking water supply

▪ Swachh Bharat Mission (Gramin) [SBM (G)] for sanitation in rural India. • The new Ministries/Departments of the government are created by the President on the

advice of Cabinet under the Government of India (Allocation of Business) Rules, 1961.

MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019 News: Muslim Women (Protection of Rights on Marriage) Bill, 2019, also known as the Triple ‘talaq’ bill

received the Presidential Assent on 31st July 2019.

Facts:

Salient Feature of the Bill:

• The bill declares the practice of triple talaq (in any form including written or

electronic form) as void and illegal.

• Offence and penalty: The Bill makes declaration of talaq as cognizable offence and

prescribes a punishment of up to three years’ imprisonment with a fine. The offence will be

cognizable only if information relating to the offence is given by:

o the married woman (against whom talaq has been declared), or o any person related to her by blood or marriage.

• The Bill provides that the Magistrate may grant bail to the accused. • Compounding- The offence may be compounded by the Magistrate upon the request of the

woman (against whom talaq has been declared). Compounding refers to the procedure where

the two sides agree to stop legal proceedings, and settle the dispute. The terms and conditions

of the compounding of the offence will be prescribed by the Magistrate.

• Allowance: The bill provides for a Muslim woman against whom talaq has been declared, to

seek subsistence allowance from her husband for herself and for her dependent children.

• Custody: A Muslim woman against whom talaq has been declared, is entitled to seek custody

of her minor children.

Additional Facts:

• Talaq-E-Biddat (Triple talaq) refers to the practice under Muslim personal laws where



pronouncement of the word ‘talaq’ thrice in one sitting (oral, writing and any medium) by a

Muslim man to his wife results in an instant and irrevocable divorce.

• The Supreme Court’s judgment in the Shayara Bano v. Union of India & Others case held that

the practice of talaq-e-biddat (triple talaq) to be unconstitutional as it was violative of Article

14[equality before law], 15[protection against discrimination] and 21[protection of

life and personal liberty] of the Indian Constitution.

• Nikah halala is a practice in which a woman, after being divorced by triple talaq, marries

another man, consummates the marriage, and gets divorced again in order to be able to remarry

her former husband.

ANTI-DEFECTION LAW News: Karnataka Assembly Speaker disqualified 14 MLAs under the tenth schedule of the

Constitution (anti-defection law).

Facts:

• Defection refers to a situation when a member of particular party abandons his loyalty

towards that party and provides his support to another party.

• To fight the evil of defection the Parliament passed 52nd Constitutional Amendment Act

in 1985, which is commonly referred to as Anti-Defection Law.

• It added the Tenth Schedule to the Indian Constitution and amended four articles in the

Constitution. (It amended Article 101, 102, 190 and 191 which are related to the vacating of seats

and disqualification of MPs and MLAs.)

• The main intent of the law was to combat the evil of political defections and the problem of

‘aaya ram-gaya ram’.

• The law applies to both Parliament and state legislative assemblies.

Salient Feature of 52nd Constitutional Amendment Act

• Disqualification: o Members of Political Parties: A member of a house belonging to a political party

becomes disqualified from being a member if he voluntarily gives up the membership of

his political party, or votes, or does not vote in the house, contrary to the direction of his

political party. However, if the member has taken prior permission, or is condoned by

the party within 15 days from such voting or abstention, the member shall not be

disqualified.

o Independent Member: An independent member (Member not belonging to any

political party) of the house becomes disqualified if he joins a political party after the

elections.

o Nominated member: A nominated member of the house becomes disqualified if he

joins any political party six months after his nomination to the house.

• Exceptions:

o The provisions of the anti-defection law doesn't apply in the following situations: ▪ Merger: A merger of a political party with another takes place when two-thirds



of the legislators of the party have agreed to such a merger. Thus, if a member

leaves the party due to the merger, he cannot be disqualified under the anti-

defection law.

▪ Presiding Officer: A member can give up the membership of a political party

after being elected as the presiding officer of the house. He can later re-join

the party after his term as the presiding officer of the house ends. This

exception is provided to ensure impartiality in the office of the presiding officer

of a house.

• The 91st Constitutional Amendment Act, 2003 brought split of political parties within the

purview of anti-defection law.

• Deciding Authority: The presiding officer of the house is the deciding authority in matters

related to disqualifications due to defections. Supreme Court in Kihoto Hollohan Vs Zachillhu

and Others (1992) case has observed that the decision of the presiding officer is under judicial

review.

• Rule-making Power: The presiding officer of the house has the power to make rules to give

effect to the Tenth Schedule. However, it must be placed before the house for 30 days. The

House can modify or disapprove the rules.

REGISTER OF INDIGENOUS INHABITANTS OF NAGALAND (RIIN) News: The Nagaland government has constituted a commission to frame the modalities of creating

the Register of Indigenous Inhabitants of Nagaland (RIIN).

Facts:

• The Commission would be headed by retired Chief Secretary Banuo Z. Jamir as chairman. The

panel would submit its report within three months.

• The commission would recommend (a) the eligibility criteria to be an indigenous inhabitant (b)

the documents to be acceptable as proof for being an indigenous inhabitant (c) the manner in

which the exercise is to be carried out and (d)any other issue relating to implementation of the

RIIN.

• RIIN

o The RIIN is aimed at preparing a master list of all indigenous peoples. o The RIIN list will be based on an extensive survey. o It is being prepared to stop the issuance of fake indigenous inhabitant certificates. o All existing indigenous inhabitant certificates would become invalid once the process

of compiling RIIN is completed and fresh certificates are issued. Once the RIIN is

finalised, no fresh indigenous inhabitant certificates will be issued except to new-born

babies born to the indigenous inhabitants of Nagaland.

o All indigenous inhabitants of the state would be issued a barcoded and numbered

Indigenous Inhabitant Certificate.

o The RIIN will also be integrated with the online system for Inner-Line Permit. • Though the official notification on RIIN has not mentioned a cut-off date to compile the

proposed register, the authorities in Nagaland have till date issued indigenous inhabitant



certificates using December 1, 1963 as the cut-off date (Nagaland was inaugurated as India’s

16th State on this date).

• Since 1977, a person, in order to be eligible to obtain a certificate of indigenous inhabitants

of Nagaland, has to fulfil either of these three conditions: a) the person settled permanently

in Nagaland prior to December 1, 1963; b) his or her parents or legal guardians were paying

house tax prior to this cut-off date; and c) the applicant, or his/her parents or legitimate

guardians, acquired property and a patta (land certificate) prior to this cut-off date.

Additional Facts:

• Inner Line Permit (ILP) o It is an official travel document required by Indian citizens residing outside certain

“protected” states while entering them.

o It is issued by Government of India to regulate movement to certain areas located near

the International border of India. It can be issued for travel purpose only.

o At present, Inner Line Permit is operational in Arunachal Pradesh, Mizoram and

Nagaland.

• Restricted/Protected Area Permit (RAP) o It is an official travel document required by foreign nationals to enter “protected areas”.

RIGHT TO INFORMATION (AMENDMENT) BILL, 2019

News: The government introduced in Lok Sabha the Right to Information (Amendment) Bill, 2019.

Facts:

• Changes brought around by the amendment bill: o Term of Information Commissioner: The Bill states that the central government

will notify the term of office for the CIC and the ICs (at the central and state level)

bringing change from previous provision under Act of 2005, which mandated them to

hold office for a fixed term of five years.

o Determination of Salary: The Bill states that the salaries, allowances, and other terms

and conditions of service of the central and state CIC and ICs will be determined by the

central government. The Act of 2005, had CIC and ICs at central salary equivalent to

Chief Election Commissioner and CIC and ICs at state level salary to be equivalent to

that of Chief Secretary.

• According to the government, the rationale behind the amendment is that the mandate of

Election Commission of India and Central and State Information Commissions are different.

Hence, their status and service conditions should be rationalised. Central Information

Commission was a statutory body and it was an anomaly to equate it to a constitutional body like

Election Commission

• However, opposition parties have criticised the amendment bill on the grounds that it would dilute

the Act and curtail the independence of the CIC and other information officers. They have

opined that the amendment would also allow Centre to simply transfer any authority be it the

CIC or any of the SICs in the event a case is directed against the interests of the government.



Additional Information

• Central Information Commission: o It is a statutory body established under RTI Act, 2005. It is constituted by central

government. It consists of the Central Information Commissioner and not more than

ten Information commissioners. The President of India appoints the Chief

Information commissioner and the information commissioners on the

recommendation of the committee consisting of the Prime Minister as chairperson, the

leader of the opposition in the Lok Sabha and one union cabinet ministers nominated

by the Prime Minister.

o The Chief Information commissioner (CIC) and an information commissioner holds

office for five years or until they attain the age of 65 years. CIC is not eligible for

reappointment. CIC submits its report to parliament.

• State Information Commission:

o It is a statutory body established under RTI Act, 2005. It is constituted by state

government. It consists of the Central Information Commissioner and not more than

ten Information commissioners. The Governor of State appoints the State

Information commissioner and the information commissioners on the

recommendation of the committee consisting of the Chief Minister as chairperson, the

leader of the opposition in the state Legislative Assembly and one state cabinet

ministers nominated by the Prime Minister.

INTER-STATE RIVER WATER DISPUTES (AMENDMENT) BILL, 2019 News: Lok Sabha has passed the Inter-State River Water Disputes (Amendment) Bill, 2019.

Facts:

• The bill seeks to amend the Inter-State River Water Disputes Act, 1956. The Act provides

for the adjudication of disputes relating to waters of inter-state rivers and river valleys.

• Main features of the Bill are :

o 2- tier resolution mechanism - The Bill provides for the establishment of a 2-tier

resolution mechanism

▪ Disputes Resolution Committee (DRC) ▪ Inter-State River Water Disputes Tribunal.

o The Bill mandates the centre to establish a Disputes Resolution Committee (DRC) to

resolve the dispute through negotiations within 1 year (extendable by 6 months). If a

dispute cannot be settled by the DRC, the central government will refer it to the Inter-

State River Water Disputes Tribunal. Such referral must be made within three months

from the receipt of the report from the DRC.

o Single Tribunal with multiple benches - To adjudicate the water disputes, the bill

mandates the central government to set up an Inter-State River Water Disputes

Tribunal. This Tribunal can have multiple benches. All existing Tribunals will be

dissolved, and the water disputes pending adjudication before such existing Tribunals

will be transferred to the new Tribunal.



o Composition of Tribunal - The Tribunal will consist of 8 members (Chairperson,

Vice- Chairperson, 3 judicial members and 3 expert members). They will be appointed

by the central government on the recommendation of a Selection Committee

(consisting of the Prime Minister, Chief Justice of India, Law Minister, Jal Shakti

minister). Two experts from the Central Water Engineering Service can also be

appointed by the central government. They will provide technical advice to the

tribunal.

o Tenure of members - The bill provides that the Chairperson and Vice-Chairperson

shall hold office for a period of five years or till the age of 70 years, whichever is

earlier. The term of other members will be co-terminus with the adjudication of

disputes (with a maximum age limit of a member being 67 years).

o Time Frames - Under the Bill, the proposed tribunal must give its decision on the

dispute within two years, which may be extended by another year. As per the bill, the

total time- frame within which the dispute will be resolved is a maximum of six years

(DRC = 1.5 years, Tribunal =3 years; Reconsideration of the decision by tribunal=1.5

years, thus, a total of six years).

o Decision of the Tribunal - The bill mandates that decision of the tribunal would be

final and binding. It removes the requirement of central government to publish the

tribunal award in the official gazette. The Bill also makes it mandatory for the central

government to make a scheme to execute the tribunal’s decision.

o Data Bank - The Bill provides that the central government will appoint or authorise

an agency to maintain a data bank for each national-level river basin.

Additional Facts:

• Constitutional Provisions Related with Water: o Entry 17 of State List - Water Supplies, irrigations, canals, drainage and

embankments, water storage and water power subject to the provision of Entry 56 of

Union List.

o Entry 56 of Union List - It provides power to Union Government for the Regulation

and development of interstate rivers and river valleys to the extent declared by

Parliament by law to be expedient in the public interest.

o Art 262 - It deals with adjudication of interstate river water dispute. ▪ Art 262(1) - It provides that Parliament may by law provide for the adjudication

of any dispute or complaint with respect to the use, distribution or control of

the waters of, or in, any inter State river or river valley.

▪ Art 262(2) - Notwithstanding anything in this Constitution, Parliament may,

by law, provide that neither the Supreme Court nor any other court shall

exercise jurisdiction in respect of any such dispute or complaint.

• Laws enacted under Article 262:

o River Board Act, 1956 - The Act empowers the central government to establish a

river board for regulation and development of interstate rivers and river valleys.

However, as of now no river board has been constituted under the River Board act,

1956

o Inter State Water Dispute act, 1956 - It provides for adjudication of disputes



relating to water of inter state rivers and river valleys.

SECTION 124-A OF INDIAN PENAL CODE News: The Union Home Ministry clarified that section 124 A of the Indian Penal Code known as the

sedition law will not be scrapped as it is needed to effectively combat anti – national, secessionist

and terrorist elements.

Facts:

• The Government said that the section was needed to effectively combat anti-national,

secessionist and terrorist elements.

• Section 124-A

o It deals with the offence of sedition. o The concept of sedition was introduced in the Indian Penal Code in 1870. It was a

colonial law directed against strong criticism of the British administration.

o The term sedition covers speech or writing or any form of visible representation

which brings the government into hatred or contempt or excite disaffection towards

the government or attempts to do so. It is punishable with three years in prison and/ or

fine or a life term and/or fine.

o Its further states expressing disapproval of government measures or actions with a view

to getting them changed by lawful means without promoting hatred or disaffection

or contempt towards the government will not come under this section.

• The activists have been demanding the scrapping of Section 124A on the grounds that the

provision under the section is overbroad which means it defines the offence in wide terms

threatening the liberty of citizens.

• The Supreme Court in Kedar Nath Singh vs State of Bihar case has held that for the offence

of sedition to be satisfied, there has to be a causal relationship between speech and acts of

violence, and mere speech, regardless of how subversive it is, does not amount to sedition.

THE NATIONAL INVESTIGATION AGENCY (AMENDMENT) BILL, 2019 News: Parliament has passed National Investigation Agency (Amendment) Bill, 2019. The Bill amends

the National Investigation Agency (NIA) Act, 2008

Facts:

Salient Feature of the Bill:

• Scheduled Offences: The bill increases the ambit of type of offences that the NIA can

investigate and prosecute. Under the existing Act, the NIA can investigate offences under Acts

such as the Atomic Energy Act, 1962, and the Unlawful Activities Prevention Act, 1967. The

provisions of bill will enable the NIA to additionally investigate offences related to human

trafficking, counterfeit currency, manufacture or sale of prohibited arms, cyber-terrorism,

and offences under the Explosive Substances Act, 1908.



• Jurisdiction of the NIA: The NIA Act, 2008 provides for the creation of the NIA to investigate

and prosecute offences specified in the schedule. The officers of the NIA have the same

powers as other police officers in relation to investigation of such offences, across India. The

Bill states that in addition, officers of the NIA will have the power to investigate scheduled

offences committed outside India, subject to international treaties and domestic laws of other

countries.

• Special Courts: The NIA Act, 2008 allows the central government to constitute Special Courts

for the trial of scheduled offences. The Bill amends this to state that the central government

may designate Sessions Courts as Special Courts for the trial of scheduled offences. The

central government is required to consult the Chief Justice of the High Court under which the

Sessions Court is functioning, before designating it as a Special Court.

Additional Information

• National Investigation Agency (NIA) is a central agency established to combat terror and

act as Central Counter terrorism Law Enforcement Agency. It was established after the 2008

Mumbai terror attacks with the enactment of National Investigation Agency Act, 2008

• It is under the Ministry of Home Affairs.

PRIVATE MEMBER BILL News: A private member bill (Population regulation Bill, 2019) was introduced in Rajya Sabha seeking

to enforce two child norm.

Facts:

• Private Member Bill: o Any bill introduced in Parliament/State Assemblies by Private Member (any MP/MLA

who is not a minister) is called private member bill. On the other hand, bill introduced

by Ministers are known as Government bills.

o The objective of Private member’s bills is to draw the government’s attention to what

individual MPs see as issues and gaps in the existing legal framework, which require

legislative intervention.

o Fourteen private member’s Bills have become law so far. (Five of them were introduced

in Rajya Sabha)

o The difference between Government Bill and Private Members bill are as follows:

Government Bill Private Member’s Bill

1 Introduced by Ministers Introduced by Private member

2 It reflects policies of government It represents stand of individual MPs on

public matter

3 It has greater chance to be approved by

Parliament

It has lesser chance to be approved by

Parliament

4 Its introduction in house requires

seven

days’ notice

Its introduction in house requires one-

month notice



5 It is drafted by concerned department

in consultation with Law Ministry

It is drafted by Member concerned

6 Its rejection by house amounts to the

expression of want of parliamentary

confidence in the government and

may

lead to its resignation

Its rejection by house has no

implication on the government

NATIONAL MEDICAL COMMISSION BILL, 2019 News: The Parliament has passed the National Medical Commission Bill, 2019.

Facts:

• The objective of the bill is to repeal the Indian Medical Council Act, 1956 and replace Medical

Council of India [MCI] with NMC to regulate medical education and practices in India.

• Salient Features of the bill:

o National Medical Commission: The Act sets up a National Medical Commission

(NMC). It also mandates the state governments to establish State Medical Commissions

within 3 years of passage of the bill. It will consist of 25 members, with a term of

maximum four year (no reappointment).

o The Functions of NMC includes:

▪ framing policies for regulating medical institutions and medical professionals, ▪ assessing the requirements of human resources and infrastructure in the health sector

▪ framing guidelines for determining the fees for up to 50% of the seats in private

medical institutions and deemed universities which are regulated as per the Act,

▪ ensuring compliance by the State Medical Councils of the regulations made under

the Bill.

o Medical Advisory Council: The central government will constitute a Medical

Advisory Council. The Council will act as a platform for the states/union territories to

put forward their views and concerns before the NMC.

o Qualifying Examinations

▪ NEET - National Eligibility-cum-Entrance Test will be a uniform exam for admission

to under-graduate and postgraduate super-speciality medical education in all

medical institutions regulated by the Bill.

▪ NEXT - National Exit Test will be a common final year undergraduate exam for the

students graduating from medical institutions. It would be a test to obtain a license for

practice. The National Exit Test will also serve as the basis for admission into

postgraduate broad-speciality courses at medical institutions. It would also act as a

screening test for foreign medical graduates.

o Community health providers - The Act empowers the NMC to grant limited license

to community health providers [non-medical degree holders connected with the

modern medical profession] to practice medicine. They can prescribe specific medicines

in primary and preventive healthcare.



o Professional and Ethical Misconduct - State Medical Councils will adjudicate on the

cases of professional or ethical misconduct against a registered medical practitioner.

Appeals against the decision of State Medical Councils can be made to the Ethics and

Medical Registration Board. Appeals against the decision of The Ethics and Medical

Registration Board can then be made to the NMC.

o Offences and Penalties - Medical practitioners enrolled in a State Register or the

National Register would be allowed to practice medicine. Any violation of this provision

will be will be punishable with imprisonment of up to one year, or a fine extending to five

lakh rupees, or both.

• Significance of the Bill:

o It seeks to regulate medical education and practice in India. o The bill focuses on corruption in medical education and shortage of medical professionals. o The Bill aims to overhaul the corrupt and inefficient Medical Council of India, which

regulates medical education and practice and replace with National medical commission.

1. CODE OF CONDUCT FOR MP’S AND MLA’S

News: Lok Sabha Speaker said that a common code of conduct will be framed for MP’s and MLA’s.

Facts:

● A committee of speakers of state legislative assemblies have been formed which will present its

report in 2 -3 months.

What is Code of Conduct

● It is the code which outlines the general principles of behavior which is expected from the

members of an Organisation.

● The Code of Conduct for MPs sets out the standards of behaviour expected of Members of

Parliament as they carry out their work

● By adhering to these standards, legislative members (MPs/MLAs) can maintain and

strengthen the openness and accountability of legislative bodies. It helps in building public

confidence and trust in the parliamentary system of government.

Why it is needed

● To check Frequent Disruptions - There has been continuous disruption of parliament by

members. For example - The second half of Budget Session of 2018 witnessed complete washout.

The productivity of the Lok Sabha was 4% and that of the Rajya Sabha at 8% in the same period.

Thus, to hold legislative members accountable, a code of conduct is needed.

● Professionalism in Behaviour - The behaviour of parliamentarians is seen by the whole

country and it impacts the legitimacy of the institution of parliament. The Code of conduct

helps members of parliament in raising the level of professionalism into politics. It provides

benchmarks against which conduct of MP’s and MLA’s can be judged by the public.

● Ensuring civility in Political Speeches- It is needed to ensure civility in political speeches

and expressions (reduce personal attacks and hate speeches).



● Promotes Dignified Debate: It is also needed to improve the quality of debates in the Parliament

Current Status

● There is a code of conduct for members of Rajya Sabha since 2005. ● There is a code of conduct in place for Judges of the High Court and Supreme Court since 1947. ● There is also a code of conduct for State and Union Ministers. ● However, there is no code of conduct for members of Lok Sabha.

Global Scenario

● Countries such as the UK, USA, Germany has code of conduct for legislative members.

Way Forward

● Disruption of Parliament must be minimized to improve its productivity. Thus, it is necessary to

put in place some mechanism to check unruly Members of Parliament.

● Further, adequate attention should be given in ensuring that the Code of Conduct does not

become a tool to curb the role of Opposition. Like in the UK, some working days of Parliament

should be allotted to Opposition to decide the Agenda of the day.

2. ART 371

News: Home Minister has said in Lok Sabha that the government has no intention of removing Art 371 of the

Constitution

Facts:

● Art 371 appear in Part XXI of the Constitution, titled ‘Temporary, Transitional and Special Provisions’. ● Article 371 of the Constitution includes “special provisions” for 11 states ● Article 371 was part of the Constitution at the time of its commencement on January 26, 1950. ● Articles 371A to 371J were incorporated subsequently through constitutional amendments.

Article 371 (Special provision with respect to Gujarat and Maharashtra)

● Governor has “special responsibility” to establish “separate development boards” for

“Vidarbha, Marathwada, and the rest of Maharashtra”, and Saurashtra and Kutch in Gujarat.

Ensure “equitable allocation of funds for developmental expenditure over the said areas”, and

equitable arrangement providing adequate facilities for technical education and vocational

training, and adequate opportunities for employment” under the state government.

Article 371A (13th Amendment Act, 1962), (Special provision with respect to Nagaland)

● It states that no act of Parliament would apply to the state of Nagaland in matter relating to

religious or social practices of Nagas, Naga customary law and procedure, administration of

civil or criminal justice involving decisions according to Naga customary law and ownership

and transfer of land and its resources. The Legislative Assembly of Nagaland must pass a

resolution for an act to be applicable to the state.

● The governor is given special responsibilities with respect to law and order in the state as

well.



Article 371B (22nd Amendment Act, 1969), (Special Provision with respect to Assam)

● It states that the President may provide for the constitution and functions of a committee of

the Legislative Assembly of State consisting of members elected from the state’s tribal areas of

Assam listed in schedule 6.

Article 371C (27th Amendment Act, 1971), (Special Provision with respect to Manipur)

● The President may provide for the constitution of a committee of elected members from the

Hill areas in the Assembly and entrust “special responsibility” to the Governor to ensure its

proper functioning.

● The governor must submit an annual report to the president regarding the administration of

hill areas as well.

● the executive power of the Union shall extend to the giving of directions to the Manipur State

as to the administration of the Hill areas

Article 371D (32nd Amendment Act, 1973; substituted by The Andhra Pradesh Reorganisation Act,

2014), Andhra Pradesh and Telangana

● President must ensure equitable opportunities and facilities in public employment and

education to people from different parts of the state. He may require the state government to

organise any class or classes of posts in a civil service of, or any class or classes of civil posts

under, the State into different local cadres for different parts of the State. He has similar

powers vis-à-vis admissions in educational institutions.

Article 371E:

● Allows for the establishment of a university in Andhra Pradesh by a law of Parliament. But this is not a

“special provision” in the sense of the others in this part.

Article 371F (36th Amendment Act, 1975), (Special Provision with respect to Sikkim)

● The Legislative assembly of the state of Sikkim shall consist of not less than 30 members. ● To protect the rights and interests of various sections of the population of Sikkim, Parliament

may provide for the number of seats in the Assembly, which may be filled only by candidates

from those sections.

Article 371G (53rd Amendment Act, 1986), (Special provision with respect to Mizoram)

● The Legislative Assembly of the state of Mizoram must consist of not less than 40 members. ● Parliament cannot make laws on religious or social practices of the Mizos, Mizo customary law

and procedure, administration of civil and criminal justice involving decisions according to Mizo

customary law, ownership and transfer of land and its resources unless the State Legislative

Assembly so decides.

Article 371H (55th Amendment Act, 1986), (Special provision with respect to Arunachal Pradesh)



● The legislative assembly of the state of Arunachal Pradesh shall consist of not less than 30 members. ● The Governor has a special responsibility with regard to law and order, and “he shall, after

consulting the Council of Ministers, exercise his individual judgment as to the action to be

taken”.

Article 371I (56th Amendment Act, 1987), (Special Provision with respect to Goa)

● The Legislative Assembly of the state of Goa shall consist of not less than 30 members.

Article 371J (98th Amendment Act, 2012), (Special Provision with respect to Karnataka)

● It grants special status to six backward districts of Hyderabad-Karnataka region. The special

provision requires that a separate development board be established for these regions (similar to

Maharashtra and Gujarat) and also ensures local reservation in education and government jobs.

NUMBER OF SUPREME COURT JUDGES INCREASED FROM 30 TO 33 (EXCLUDING CJI).

News: Parliament has passed the Supreme Court (Number of Judges) Amendment Bill 2019. The Bill

amends the Supreme Court (Number of Judges) Act, 1956. The Bill has received Presidential assent and

has become an Act.

Facts:

● Article 124 of Constitution fixes the strength of Supreme Court at eight (one chief justice and

seven other judges). It also provides the power to the Parliament to increase the number

of judges of SC if it deems necessary. The Parliament through The Supreme Court (Number

of Judges) Act, 1956 has increased strength of Supreme Court to ten.

● The Act was last amended in 2009 to increase the judges’ strength from 25 to 31 (including CJI) ● The proposed Bill seeks to amend the above Act to increase the strength of Supreme Court from

30 to 33 (excluding the Chief Justice of India).

Need to increase the number of judges

● To reduce the pendency of cases in the SC. As on the 1st day of June, 2019, there were 58669

cases pending in the Supreme Court. The Chief Justice of India (CJI) has intimated that

inadequate strength of judges is one of the prime reasons for backlog of cases in the Supreme

Court.

● Further, due to the paucity of judges the required number of constitution benches to decide

important cases involving questions of law were not being formed.

● However, by merely increasing the number of judges, the issue of pendency of cases in courts will

not be solved completely.



Other measures which can be taken:

● As recommended by the Law Commission, SC may be split into two divisions, namely o Constitutional court o Court of Appeal (with benches at North, South, East, West and Central India)

● Constitutional Court will only hear matters related to constitutional law. ● Court of Appeal will deal with appeals arising out of the orders/judgments of the High Courts of

the region

Benefits

● Supreme Court will be relieved of the backlog of accumulated cases. Supreme Court would be

free to deal with only constitutional cases such as interpretation of the Constitution, matters

of national importance.

● Court of Appeal with benches will reduce the cost of litigation and reduce the time taken to

dispose of cases. It may also lead to an increase in strength of number of Judges in the higher

judiciary.

SPECIAL STATUS OF JAMMU AND KASHMIR REMOVED News: The Central government has abrogated the certain provisions which granted special status to J&K

under Article 370 of the Constitution

Facts

What has been done

● Government of India through a Presidential Order has ended the special status granted to Kashmir

under Art 370. Now, all the provisions of Indian Constitution is applicable to Jammu and Kashmir.

Article 370 has not been repealed. Only its certain provision has been abrogated.

● State Jammu and Kashmir has been re-organised into two union territories o Jammu and Kashmir (with legislature) o Ladakh (without Legislature)

● Article 35A – Its provisions have been nullified by the Presidential Order. However, it continues

to be part of the constitution.

What has Changed

Provisions Before [J&K legislative assembly had

special powers]

Now [No special power to J&K legislative

assembly]

Special

Powers

Special powers were exercised by J&K. No special powers now.

Permanent

Resident

status

Permanent and non-permanent resident

status of J&K (in addition to the Indian

citizenship)

No such provision of Permanent and

non- permanent resident status.



Flag It had its own state flag along with the

tricolour

.

Indian Tricolour would be considered as

the flag.

Changing the

name/area/b

oundary

(Article 3)

Proviso under Article 3 of the Indian

Constitution stated that the Union

government could not alter the area, name

and boundaries of J&K without the consent

of the state legislature.

Article 3 is now applicable and thus, J&K

Reorganisation Bill was introduced.

Status of J&K Part VI of the Indian Constitution (related

to state governments) was not applicable

to the state.

It would be now governed under Article

239 and Article 239A in Part VIII (related

to the administration of Union

Territories) of the Indian Constitution.

Fundamental

Rights (Part

III)

Part III (dealing with Fundamental Rights)

was applicable to the state with some

exceptions and conditions.

For instance, the fundamental right to

property was still guaranteed in the state.

Part III of the Indian Constitution would

be applicable in the same way as the

other states.

Directive

Principles

(Part IV) and

Part IV (Directive Principles of State Policy)

and Part IVA (Fundamental Duties) were

not applicable to the state.

Part IV and IVA of the Indian Constitution

would be applicable in the same way as

the other states.



Fundamental

Duties (Part

IV A)

The J&K Constitution had its own set of

directive principles and did not include any

fundamental duties.

National

Emergency

(Article 352)

A proclamation of emergency could have

been made in J&K on the ground of internal

disturbance (with the concurrence of the

state government) or on the grounds of

war or external aggression [without the

concurrence of the state government].

National emergency could be declared

on the basis of "external aggression or

war" and "armed rebellion" in J&K (as in

other parts of the country).

Financial

Emergency

(Article 360)

Article 360 of the Indian Constitution was

not applicable.

Article 360 will now be applicable.

State

Emergency

The State Emergency (President’s Rule)

was applicable to the state. However, it

could be imposed in the state on the grounds

of failure of the constitutional machinery

under the state Constitution and not the

Indian Constitution.

The provisions of Article 356 would now

be applicable like the rest of the country.

Governor’s

Rule

The J&K Constitution also provided for the

Governor’s Rule. The Governor’s Rule could

be imposed when the state administration

could not be carried on in accordance with

the provisions of the J&K Constitution. In

such a scenario, the governor (with the

concurrence of the President of India)

could assume all the powers of the state

government.

No such provision exists now.

Extension to

the

emergency

(Article 365)

The President had no powers to suspend

the state assembly on the grounds of failure

to comply with the directions given by him.

Article 365 can be used to suspend the

state assembly.

Amendments

to the Indian

Constitution

A presidential order was required to

extend a constitutional amendment to the

state of Jammu and Kashmir.

No special order/procedure required.



Central laws Earlier, the Central government had to seek

approval of the State Legislature to enact laws

on the subjects mentioned in the Union and

Concurrent list.

No such approval is now required.

Law and

Order

Provisions of Ranbir Penal Code

were applicable. [IPC was not

applicable]

Provisions of the Indian Penal Code would

be applicable.

5th and 6th

Schedule

The 5th Schedule (dealing with

administration and control of schedule

areas and scheduled tribes) and the 6th

Schedule (dealing with administration of

tribal areas) did not apply to the state.

The 5th Schedule and 6th Schedule

provisions would now be applicable to

the states.

Preventive

Detention

Laws

The state legislature of J&K had the power

to make preventive detention laws. Thus,

the preventive detention laws made by the

Parliament were not applicable to the state.

The preventive detention laws of the

Parliament can now be made applicable

to the state.

Issuing writs The High Court of J&K could issue writs

only for the enforcement of the

fundamental rights and not for any other

purpose.

The High Court of J&K can now issue writs

for other purposes as well along with

for enforcing the fundamental rights.

Reservation

for

minorities

No reservation for minorities such as

Hindus and Sikhs.

Minorities will be eligible for

reservation.

Property

ownership

Indian citizens from other states cannot buy

land or property in J&K.

People from other states will now be able

to purchase land and property in J&K,

unless further government orders

prohibit it.

Right

t

o

Information

RTI was not applicable. RTI would now be applicable.

Assembly

Duration

The duration of the state assembly was for 6

years.

The duration of the assembly of union

territory of J&K will be 5 years.



Additiona

l

Informati

on Art 370

● Art. 370 had “temporary provisions with respect to the State of Jammu and Kashmir”,

which gave special powers to the state. It provided following special status to J&K:

o It allowed J&K to have its own Constitution and Flag. o It explicitly mentioned that only the provisions of Article 1 and Article 370

applied to the state. o The Centre could extend the central laws on subjects included in the

Instrument of Accession (IoA) —Defence, External Affairs and

Communications — by consultation with the state government.

o Other central laws could be extended to the state only with the

concurrence of the state government.

Art 35A

● Article 35A was included in the Constitution by a Presidential Order in 1954. ● It does not appear in the main body of the Constitution and is listed in Appendix I. ● Article 35A of the Indian Constitution gave power to the Jammu and Kashmir

Assembly to define

‘permanent residents’ of the state, their special rights and privileges.

3. LAW COMMISSION OF INDIA

News: The Ministry of Law and Justice has initiated the process to set up the 22nd Law

Commission of India after the tenure of 21st Law Commission ended on 31st August,

2018.

Facts

Law Commission of India:

● It is a non-constitutional, non-statutory body constituted by GoI from time to time.

● It is created by the central government through an executive order.

Local bodies Panchayats were governed under J&K

Panchayati Raj Act, 1989. They did not have

the same rights as in other states.

Panchayats would have the same rights

as in other states and would be

governed by the 73rd and 74th

Constitutional Amendment Act of the

Indian Constitution.

Right

t

o Education

RTE wasn’t applicable. RTE would now be applicable.



● First Law Commission was constituted in 1955. Its chairman was M C Setalvad

● 21st Law Commission was constituted in 2015. Its chairman was Justice Balbir Singh Chauhan

● It is constituted for fixed tenure (generally three year). ● It works as an advisory body to the Ministry of Law and Justice. Its

recommendations may be accepted or rejected by the central government.

● The Reports of the Law Commission are considered by the Ministry of Law and

Justice in consultation with the concerned administrative Ministries and are

submitted to Parliament from time to time.

● Composition: o Its membership primarily comprises Chairman, Full time members, and not

more than five part time members.

o As per convention, chairman of the Law Commission of India is retired

judge of the Supreme Court.

POSTAL BALLOT FOR ABSENTEE VOTERS News: Election Commission of India has started working on detailed guidelines to facilitate

the process of postal ballot paper for absentee voters.

Facts:

About the guidelines:

● EC has defined absentee voter as a person belonging to such class of persons as

may be notified under clause(c) of section 60 of the Representation of the People

Act,1951.

● Such absentee voters include (a) Persons employed in essential services such as

railways, state transport among others (b) Persons with Disabilities (PwD) and

(c) Senior citizens.

● Person with Disability means a person identified as person with disability in the

database for the electoral roll.

● Senior citizen means an elector belonging to the class of absentee voters and is above 80 years of age.

How can these people vote?

● People under these new categories can choose to vote through postal ballot by

filling up Form 12D and submitting it to the nodal officer within five days of

notification of an election.

● These votes will be registered at a special centre specified by the Election Commission (EC).

Additional information:



About Election Commission:

● The Constitution of India, under Part XV, article 324 to 329 provides for the

institutions and process of elections in our country. The Election Commission of

India is an autonomous constitutional authority responsible for administering

election processes in India.

● Article 324 of the Constitution provides that the power of superintendence,

direction and control of elections to parliament, state legislatures, the office of

president of India and the office of vice-president of India shall be vested in the

election commission.

About Representation of the People (RP) Act,1951:

● The Representation of the People Act,1951 is an act of Parliament of India. This Act

contains provisions relating to the following electoral matters:

o Qualifications and disqualifications for membership of Parliament and State Legislatures

o Notification of general elections o Administrative machinery for the conduct of elections o Registration of political parties o Conduct of elections o Free supply of certain material to candidates of recognised political parties o Disputes regarding elections o Corrupt practices and electoral offences

SUPREME COURT RECALLS VERDICT DILUTING SC/ST ANTI – ATROCITIES LAW

News: The Supreme Court has recalled its directions in a 2018 verdict that had effectively

diluted provisions of arrest under the Scheduled Castes & Scheduled Tribes (Prevention

of Atrocities) Act,1989.

Facts:

What was the 2018 verdict?

● The Supreme Court had diluted the SC and ST (Prevention of Atrocities) Act,1989 in

Subhash Kashinath Mahajan vs The State of Maharashtra to grant anticipatory

bail to accused persons.

● The apex court gave the judgement on the pretext that innocents cannot be

terrorised by the provisions of the SC/ST Act and their fundamental rights need

to be protected.

● The apex court had directed that the police conduct a preliminary enquiry into

whether a complaint under the law is frivolous or motivated before registering a

case.

● The court had also said that public servants could be arrested only with the written



permission of their appointing authority while in the case of private

employees,the Senior Superintendent of Police concerned should allow it.

● The judgment had triggered widespread protests and compelled the government

to amend the Act to negate the effect of the ruling. It had also filed a review

petition against the verdict.

What was the recent judgement?

● The apex court reasoned that human failing and not caste is the reason behind

the lodging of false criminal complaints.

● The Court also condemned its own earlier judgment saying it was against basic

human dignity to treat all SC/ST community members as a liar or crook.


About Schedule caste and scheduled tribe Prevention of Atrocities Act 1989:

• The provisions of the above act can be divided into three categories: o The act provides provisions for a criminal law including- creation of new

type of offence, punishment for neglect of duties, enhanced minimum

punishment etc

o The act included compensation for the victims o The act created special authorities for implementation of the Act like courts, public

prosecutor etc ● ‘Review’ of a Supreme Court judgment is done by the same Bench. ‘Overruling’

means that the law laid down in one case is overruled in another case. When a

higher court on appeal alters the judgment of a lower court, it is called ‘reversal.’

● Constitutional Protection of SCs: The following provisions has been laid down

in the Constitution for the protection of SCs:

o Article 17 abolishes Untouchability. o Article 46 requires the State ‘to promote with special care the

educational and economic interests of the weaker sections of the people,

and, in particular, of the Scheduled Castes and the Scheduled Tribes, and

to protect them from social injustice and all forms of exploitation.

o Article 335 provides that the claims of the members of the Scheduled

Castes and Scheduled Tribes shall be taken into consideration,

consistently with the maintenance of efficiency of

administration, in the making of appointments to services and posts in

connection with the affairs of the Union or of a State.

o Article 15(4) mandates the state to provide for any special provision for the

advancement of any socially and educationally backward classes or SC

and STs.

o Article 16(4A) speaks of “reservation in matters of promotion to any class

or classes of posts in the services under the State in favour of SCs/STs,



which are not adequately represented in the services under the State’.

o Article 338 provides for a National Commission for the Scheduled Castes and

Scheduled Tribes with duties to investigate and monitor all matters

relating to safeguards provided for them, to inquire into specific

complaints and to participate and advise on the planning process of their

socio-economic development etc.

o Article 330 and Article 332 of the Constitution respectively provide for

reservation of seats in favour of the Scheduled Castes and Scheduled

Tribes in the House of the People and in the legislative assemblies of the

States. Under Part IX relating to the Panchayats and Part IXA of the

Constitution relating to the Municipalities, reservation for Scheduled

Castes and Scheduled Tribes in local bodies has been envisaged and

provided.

2. VILLAGE SECRETARIAT SYSTEM LAUNCHED BY ANDHRA

PRADESH News: Andhra Pradesh Government has launched

the Village Secretariat system.

Facts:

About Village Secretariat system:

● The village secretariat system is aimed at ensuring an efficient and corruption-

free delivery of the government’s welfare schemes to households.

● Under the system, one Village Secretariat has been set up for every population of

2,000 with each one comprising close to a dozen village officials.

● The system would consist of ward and village volunteer system who will take

governance to the doorsteps of the people.

● The volunteers will conduct door-to-door visits and provide the benefits under

various programmes to eligible beneficiaries.

● This scheme also involves the provision of one volunteer to cover 50 families in

each village. Identity cards would be given to the volunteers and they would be

given an honorarium of Rs 5,000 per month.

● The volunteers would first identify the beneficiaries, get to know their problems

and then delineate the schemes being provided by the government for them.

NAGA PEACE ACCORD News: The government has said that the Naga peace accord which was signed in 2015

is in the process of conclusion.

Facts:



About Naga Peace Accord:

● The Naga Peace accord was signed in 2015 between the Government of India and

the National Socialist Council of Nagaland (Isak-Muivah).

● The content of the agreement has not been disclosed but it contains the broad

principles that would guide the future deliberations between the Government of

India and NSCN(IM).

● The agreement recognises the uniqueness of Naga history and culture by the Indian Government.

Rise of Naga nationalism:

● The British had annexed Assam in 1826, in which they subsequently created the

Naga Hills district and went on to extend its boundaries.

● During the Kuki revolt (1917–19) and the World War I (1914–18), the British

Government recruited a number of labourers from the Naga tribes. Around 2000

Nagas were sent to France, alienated from the other British Indian troops, they

developed a sense of unity. These Nagas, together with the British officials,

formed the Naga Club in 1918.

● The establishment of Naga Hills District Tribal Council replaced the Naga Club, and

later developed into a political organization called the Naga National Council

(NNC).

● Under the leadership of Angami Zapu Phizo, it adopted a secessionist outlook and

campaigned for the creation of a sovereign Naga state.

● The assertion of Naga nationalism, which began during British rule, has continued

after Independence, and even after Nagaland became a state.

About NSCN (IM):

● The NSCN-IM is an insurgent group of Nagas operating in Nagaland, Assam, Manipur,

and Arunachal Pradesh.

● Its objective is to establish Greater Nagaland (Nagalim), consisting of all the Naga-

inhabited areas of neighbouring Assam, Manipur, Arunachal Pradesh and some

portions Myanmar, which it considers to be the rightful homeland of the Nagas.

● NSCN-IM has also demanded a separate flag and constitution for the Nagas.

What is the Government’s stand?

● The Centre has ruled out any disintegration of the States of Assam, Arunachal

Pradesh and Manipur in order to merge the Naga-inhabited areas with the

existing State of Nagaland.

● The Central government has also ruled out a separate flag and Constitution for the Nagas.

Article 371-A : Special provision with respect to the State of Nagaland



(1) Notwithstanding anything in this Constitution, (a) no Act of Parliament in respect of

(i) religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Naga

customary law, (iv) ownership and transfer of land and its resources, shall apply to the State of

Nagaland unless the Legislative Assembly of Nagaland by a resolution so

decides;

(b) the Governor of Nagaland shall have special responsibility with respect to law and

order in the State of Nagaland.

Way forward:

● The Naga peace accord must safeguard the Naga’s rights. But the NSCN(IM) must also

be pragmatic and realistic in their negotiations with Government of India.

● There is scope for regional autonomy as per the Indian constitution. But there

is no scope for secessionism.

● Hence, the unresolved contentious issues must be pursued earnestly post a peace

settlement politically and democratically.

PARICHAY: LEGAL AID CLINIC News: Recently, five law schools of the country have jointly launched a legal aid clinic called Parichay.

Facts:

About Parichay:

● Parichay which means identity aims to help people excluded from the National

Register of Citizens (NRC) by helping them to appeal before the foreigner’s

tribunals.

● It is envisaged to function as a clearing house of litigation and research

assistance for lawyers filing appeals against exclusion from the National

Register of Citizens (NRC).

● It consists largely of student volunteers who will assist lawyers in drafting appeals,

conduct research on pertinent questions of the law and generate documentation

on the functioning of Foreigners Tribunals.


About National Register of Citizens (NRC):

● NRC is a register which contains the name of all Indian citizens maintained by

The Government of India. NRC was first prepared in 1951. Now, it is being



updated in Assam state honoring the Assam Accord between AASU-AAGSP and

GOI. Assam movement was led by All Assam Students Union (AASU) and All

Assam Ganasangram Parishad (AAGSP)

● It has been updated in Assam to address the issue of illegal migrants. It seeks to

identify illegal migrants in Assam who had entered the state on or after 25th

March 1971.

● The update has been carried out under the Citizenship Act, 1955, and according to

rules framed in the Assam Accord,1985.

Updated National Register of Citizens (NRC):

● The updated NRC was published on August 31, 2019.Over 19 lakh people were

excluded from the final list.

● The excluded persons have 120 days to file an appeal at any of the existing

Foreigners Tribunals.The Tribunals are required to dispose of the cases within

six months.

● Appellants can then approach the High Court and Supreme Court. They will get a

window of 10 months to prove their citizenship before being sent to detention

centres.

Foreigners tribunal:

● Foreigners Tribunal (FT) was set up in Assam in 1964 through the Foreigners Tribunal Order 1964.

● The tribunals have been mandated with identifying the legal status of suspected foreigners in Assam.

● At present, there are 100 FTs in Assam; of these 64 were set up in 2015, to

expedite the exercise of determining illegal immigrants in the state through the

National Register of Citizens (NRC).

GOVERNMENT FORMS A TASK FORCE TO PREPARE A NATIONAL ACTION PLAN ON HUMAN RIGHTS

News: Government is forming a task force to prepare a National Action Plan on Human

Rights (NAPHR) as mandated under the UN Human Rights Council’s (UNHRC) Universal

Periodic Review (UPR).

Facts:

About Universal Periodic Review (UPR):

● The Universal Periodic Review (UPR) is a unique process which involves a review

of the human rights records of all UN Member States.

● UPR is a state-driven process under UN Human Rights Council’s (UNHRC). It



provides opportunities to member states to declare what actions they have taken

to improve human rights and to fulfil their obligations.

● A review cycle lasts four-and-half years, during which records of member states are reviewed.

● In the last UPR in 2017, India had accepted 152 out of 250 recommendations on

human rights. These pertain to sustainable development goals related to

eliminating poverty, access to safe drinking water, sanitation and improving

protection for women and children. The next UPR is in 2022.

About the Task force:

● The task force will involve the Union Home Ministry and the National Human

Rights Commission (NHRC) and have representatives from ministries such as

social justice and health.

● National Action Plan on Human Rights (NAPHR) once implemented,will help

mitigate the criticism India faces at international level when it comes to its human

rights record as well as strengthen the social justice system.

● It will also lead to stronger administration of justice, strengthening of human

rights institutions, and linking of rights with development.


About NHRC:

● The National Human Rights Commission is a statutory (and not a

constitutional) body. It was established in 1993 under a legislation enacted by

the Parliament, namely, the Protection of Human Rights Act,1993.

● NHRC deals with promotion and protection of human rights. ● Composition: The commission is a multi-member body consisting of a chairman and

four members. The chairman should be a retired chief justice of India and

members should be serving or retired judges of the Supreme Court, a serving or

retired chief justice of the high court and two persons having knowledge or practical

experience with respect to human rights. In addition to these full-time

members, the commission also has four ex-officio members—the chairman of

the National Commission for Minorities, the National Commission for SCs, the

National Commission for STs and the National Commission for Women.

About UNHRC:

● The United Nations Human Rights Council (UNHRC) is a specialised agency of the

United Nations. It was established in 2006, when it replaced the erstwhile UN

Commission on Human Rights.

● Its mission is to promote and protect human rights around the globe as well as

investigate alleged human rights violations.

● The UNHRC has 47 members elected on a regional group basis from 5 groups. The



members are elected for a period of three years with a maximum of two

consecutive terms.

DRAFT ARMS (AMENDMENT) BILL News: Union Home Ministry has released a Draft Arms (Amendment) Bill. It amends the Arms Act,1959.

Facts:

Features of the bill:

● The bill proposes an amendment to convict makers and users of illegal arms.

The bill proposes life imprisonment for those convicted with

possession/use/manufacture of illegal arms

● The bill also says that anyone possessing more than 2 licensed gun has to deposit

the third one with the authorities.

● The amendment also categorizes illegal import of guns and their sales as illicit trade. ● A sports person can possess a third weapon of 0.22 calibre rifle only if the user

is a dedicated sports person whose participation is recognized in national and

international events in the last 2 years.


About Arms act,1959:

● The act was legislated to consolidate and amend the laws related to arms and

ammunition. It replaced the Arms Act 1878.

● The act has undergone many changes since 1959. The most recent change in the

act was done in 2010 through an amendment for the arms act.

● The act briefs rules and regulations about acquisition, manufacture, possession,

sale, import and export ammunition in India. It also provides provisions related

to licenses.

● The act lists the punishments associated with breaking rules related to the act. It

also provides details on powers that the officials possess to enact it.

250th SESSION OF RAJYA SABHA News: The Rajya Sabha chairman released the first-ever analysis of its legislative work,

'Rajya Sabha: The Journey since 1952’ on the occasion of the 250th session of Rajya

Sabha.



Facts:

Key takeaways from the analysis:

• The first sitting of the Rajya Sabha was held on 13th May,1952. The first bill

passed by Rajya Sabha was the Indian Tariff (Second Amendment) Bill,1952.

• The first constitutional amendment bill passed by the Rajya Sabha was the

Constitution (Second Amendment) Bill,1953 for readjustment of

representation in Lok Sabha by increasing the size of population per

constituency.

• The representation of women in Rajya Sabha had increased from 15 (6.94%) in

1952 to 31(12.76%) in 2014 but decreased to 26 (10.83%) in 2019.

• The first and the only time when a Presiding Officer of Rajya Sabha cast his vote

was for the Code of Criminal Procedure (Amendment) Ordinance,1991.

• The President Rule approved only by Rajya Sabha has happened twice in respect

of extension of President Rule in Tamil Nadu and Nagaland in 1977 and in case of

Haryana in 1991 when Lok Sabha was dissolved.

• The bill passed by Rajya Sabha but rejected by Lok Sabha happened during the

Constitution (Sixty- fourth Amendment) Bill,1990 which had sought to amend

Article 356 relating to extension of President’s Rule in Punjab.

Additional Facts:

RAJYA SABHA

• Article 80 of the Constitution lays down the maximum strength of Rajya Sabha as

250 out of which 12 members are nominated by the President and 238 are

representatives of the States and of the two Union Territories.

• However, the present strength of Rajya Sabha is 245, out of which 233 are

representatives of the States and Union territories of Delhi and Puducherry and

12 are nominated by the President.

• The members nominated by the President are persons having special

knowledge or practical experience in respect of such matters as literature,

science, art and social service.

• The Fourth Schedule to the Constitution provides for allocation of seats to the

States and Union Territories in Rajya Sabha. The allocation of seats is made on

the basis of the population of each State.

JUSTICE SHARAD ARVIND BOBDE TAKES OATH AS NEXT CHIEF JUSTICE OF INDIA (CJI)

News: Justice Sharad Arvind Bobde took oath as the 47th CJI by the President.



Facts:

Appointment - The CJI is appointed by the president after consultation with such

judges of the Supreme Court and high courts as he deems necessary. The other judges are

appointed by president after consultation with the chief justice and such other judges of the

Supreme Court and the high courts as he deems necessary.

• In the Second Judges Case (1993), the Supreme Court ruled that the senior most

judge of the Supreme Court should alone be appointed to the office of the chief

justice of India.

• Once appointed, the chief justice remains in the office until the age of 65 years.

Function - As head of the supreme court, the chief justice is responsible for the

allocation of cases and appointment of constitutional benches which deal with important

matters of law. As the administrative head, the chief justice carries out the following

functions (a) maintenance of the roster (b) appointment of court officials and (c)

general and miscellaneous matters relating to the supervision and functioning of the

Supreme Court.

Qualifications needed to be appointed as Judges - A person to be appointed as a judge

of the Supreme Court should have the following qualifications:

1. He should be a citizen of India. 2. (a) He should have been a judge of a High Court (or high courts in succession) for five

years (b) He should have been an advocate of a High Court (or High Courts in

succession) for ten years;

(c) He should be a distinguished jurist in the opinion of the president.

Oath of office - The President or some person appointed by him for this purpose

administers the oath to SC judge. A judge of the Supreme Court swears:

1. to bear true faith and allegiance to the Constitution of India; 2. to uphold the sovereignty and integrity of India; 3. to duly and faithfully and to the best of his ability, knowledge and judgement

perform the duties of the Office without fear or favour, affection or ill-will; and

4. to uphold the Constitution and the laws.

Tenure of Judges - The Constitution has not fixed the tenure of a judge of the Supreme

Court. However, it makes the following three provisions in this regard:

1. He holds office until he attains the age of 65 years. 2. He can resign his office by writing to the president. 3. He can be removed from his office by the President on the recommendation of the

Parliament.

Removal of Judges - A judge of the Supreme Court can be removed from his Office by

an order of the president on 2 grounds- proved misbehaviour or incapacity. The President

can issue the removal order only after an address by Parliament has been presented to him



in the same session for such removal. The address must be supported by a special majority

of each House of Parliament (ie, a majority of the total membership of that House and a

majority of not less than two-thirds of the members of that House present and voting).

OVERSEAS CITIZENS OF INDIA CAN SUBSCRIBE TO NATIONAL PENSION SYSTEM

News: Pension Fund Regulatory and Development Authority (PFRDA) permitted

Overseas Citizen of India (OCI) to enrol in the National Pension System (NPS) at par with

Non-Resident Indians.

Facts:

• National Pension System (NPS) is a government-sponsored pension scheme. It

was launched in 2004 for government employees. However, in 2009, it was

opened to all sections. NPS is being implemented and regulated by Pension Fund

Regulatory and Development Authority in the country.

• PFRDA is a statutory body established under the Pension Fund Regulatory

Development Authority (PFRDA) Act,2013 under the Department of Financial

Services, Ministry of Finance. Its objective is to be a model regulator for promotion

and development of an organized pension system to serve the old age income needs

of people on a sustainable basis.

Additional Facts:

Overseas Citizenship of India

• The Overseas Citizenship of India (OCI) is an immigration status permitting a

foreign citizen of Indian origin to live and work in India indefinitely.

• The OCI was introduced in response to demands for dual citizenship by the

Indian diaspora particularly in developed countries.

• An OCI is entitled to some benefits such as a multiple-entry, multipurpose life-

long visa to visit India. However, OCI is not actual citizenship of India as it has

many limitations such as no right to vote, no right to hold constitutional offices

and no right to buy agricultural properties.

SUPREME COURT UPHOLDS DISQUALIFICATION OF 17 REBEL MLAS, CAN CONTEST BYPOLLS

News: The Supreme Court (SC) upheld an order by former Karnataka Assembly Speaker

disqualifying 17 Karnataka MLAs. However, the court has allowed all the disqualified

MLAs to contest in the upcoming by polls.



Facts:

Background:

• Karnataka Assembly Speaker had disqualified 17 MLAs under the tenth schedule of

the Constitution (anti-defection law). The disqualification had barred the

legislators from contesting Assembly polls for the term of the current Assembly

which ends in 2023.

• However, the Supreme Court upheld the disqualification of the dissident legislators,

but it also held that their ouster does not put any bar upon them from contesting

by-polls. The court has reasoned that the speaker in the exercise of powers does

not have the power to indicate the period for which a person is barred from

contesting an election.

• It said that even the 91st Amendment Act, 2003 which did not allow a

disqualified member to be appointed as a minister, did not give Speaker the

power to put a ban upon them to contest elections till the end of the term.

• The court said that the speaker acts as a quasi-judicial authority and that the scope

of the assembly speaker's inquiry is limited to examine whether the resignation

of MLAs was voluntary or not.

Additional Facts:

Anti-Defection law:

52nd Constitution Amendment Act, 1985 inserted the 10th Schedule of the Constitution

which contains anti- defection law. It lays down the process by which legislators may be

disqualified on grounds of defection by the Presiding Officer of a legislature based on a

petition by any other member of the House.

Grounds for Disqualification: Following are the grounds on which a member of a legislature can be

disqualified:

• if he/she voluntarily gives up the membership of his/her party on whose ticket he/she was elected;

• if a legislator votes in the House against the direction of his/her party and his/her

actions are not condoned by his party.

• If an independent candidate joins a political party after the election. • If a nominated member joins a party six months after he becomes a member of the

legislature.

Exception: The provisions of the anti-defection law doesn't apply in the following situations:

• Merger: A merger of a political party with another takes place when two-thirds of

the members of the party have agreed to such a merger. The condition of two-

thirds of the party members agreeing to a defection was added through 91st

Constitution Amendment Act, 2003.



• Presiding Officer: A member can give up the membership of a political party

after being elected as the presiding officer of the house. He can later re-join the

party after his term as the presiding officer of the house ends.

Judicial Review: In Kihoto Hollohan vs Zachillhu and Others (1991), the Supreme Court

Constitution Bench had declared that the Speaker’s decision was subject to judicial

review.

CHIEF JUSTICE OF INDIA’S OFFICE COMES UNDER RIGHT TO INFORMATION (RTI) AMBIT

News: A five-judge bench of the Supreme Court has ruled that the office of Chief Justice of

India (CJI) comes under the purview of the Right to Information (RTI) Act.

Facts:

• The verdict comes in the matter of a plea filed by Supreme Court Secretary-

General challenging Delhi High Court’s 2010 order holding that the CJI’s office is

a “public authority” and falls under the ambit of the RTI Act.

Key takeaways from SC Verdict:

• The Supreme Court of India and the office of the CJI are not two different public

authorities. The SC would necessarily include the office of CJI and other judges

in view of Article 124 of the

Constitution.

• Right to Information and Right to Privacy are two sides of the same coin. They

have to be balanced while deciding to give out information from the office of the

Chief Justice.

• Judicial independence and accountability go hand in hand, but transparency does

not undermine judicial independence. • The Court has asked the information commissioner to apply test of

proportionality while entertaining applications seeking information from CJI’s

office, keeping in mind the right to privacy and independence of the judiciary.

Additional Facts:

Right to Information Act, 2005:

RTI Act provides for timely disclosure of information by citizens from both central and State

Public Authorities. It seeks to empower citizens and promote accountability and

transparency.

According to Section 2(h) of the RTI Act, “public authority” means any authority or body or



institution of

self- government established or constituted—

• by or under the Constitution; • by any other law made by Parliament; • by any other law made by state legislature • by notification issued or order made by the appropriate Government.

Central Information Commission: It is a statutory body established under RTI Act, 2005.

• It consists of the Central Information Commissioner and not more than ten

Information commissioners. • The President of India appoints the Chief Information Commissioner and the

information commissioners on the recommendation of the committee

consisting of the Prime Minister as chairperson, the leader of the opposition

in the Lok Sabha and one union cabinet ministers

nominated by the Prime Minister.

• The Chief Information Commissioner (CIC) and an information commissioner

holds office for five years or until they attain the age of 65 years. CIC is not eligible

for reappointment. • CIC submits its report to the government who then places it to the parliament.

LOGO, MOTTO INTRODUCED FOR LOKPAL News: Lokpal Chairman Justice (retired) Pinaki Chandra Ghose has launched the new logo

for the Lokpal. A new motto, “Ma Gridhah Kasyasvidhanam (Do not be greedy for anyone’s

wealth)”, was also adopted.

Facts:

Lokpal: Lokpal is a statutory anti-corruption body established under the Lokpal and

Lokayukta Act, 2013. The Lokpal became functional after the appointment of its Chairman

and members in March 2019.

Composition of Lokpal: It is a multi-member body with one chairperson and a maximum of 8 members.

• The chairperson and at least half of the members have to be current or former

judges of the Supreme Court or chief justices of the high courts • 50% of the members of the Lokpal is from amongst the SCs, STs, OBCs, minorities and

women.

Selection of Lokpal: The selection of the Chairperson and members of Lokpal is

through a Selection Committee consisting of:

• the Prime Minister, • the Speaker of the Lok Sabha, • the Leader of the Opposition in the Lok Sabha,



• the Chief Justice of India or a sitting Supreme Court Judge nominated by CJI

• an eminent jurist to be nominated by the President of India

Powers of Lokpal: The jurisdiction of Lokpal includes the Prime Minister, Ministers,

Members of Parliament and Groups A, B, C and D officers and officials of the Central

Government.

• Lokpal has the power of superintendence and direction over any investigating

agency, including the CBI, for cases referred to them by the Lokpal.

• Further, any officer of the CBI investigating a case referred to it by the Lokpal,

shall not be transferred without the approval of the Lokpal. • Lokpal and Lokayukta Act, 2013 also incorporates provisions for attachment

and confiscation of property acquired by corrupt means, even while the

prosecution is pending.

REVIEW PETITIONS IN SUPREME COURT News: Constitution under Article 137 gives the Supreme Court the power to review any of

its judgments or orders.

Facts:

Grounds for Review: In a 2013 ruling, the Supreme Court itself had laid down three

grounds for seeking a review of a verdict it has delivered:

• The discovery of new and important matter or evidence which after the exercise of

due diligence was not within the knowledge of the petitioner or could not be

produced by him. • Mistake or error apparent on the face of the record or • Any other sufficient reason. Any sufficient reason means a reason that is analogous

to the other two grounds.

In Roopa Hurra v Ashok Hurra (2002), the court itself evolved the concept of a curative

petition which can be heard after a review is dismissed to prevent abuse of its process.

RULE 12 OF THE GOVERNMENT OF INDIA (TRANSACTION OF BUSINESS) RULES, 1961

News: Rule 12 of the Government of India (Transaction of Business) Rules, 1961 allows

the Prime Minister to depart from laid down norms at his discretion.

Facts:

• The rule says that the Prime Minister may in cases or classes of cases permit or

condone a departure from these rules to the extent he deems necessary. The

Cabinet can subsequently give post-facto approval for any decision taken under



Rule 12. • Rule 12 was invoked to revoke the President’s Rule in Maharashtra and for re-

organisation of the state of Jammu and Kashmir into the Union Territories of

Jammu and Kashmir, and Ladakh.

NATIONAL YOUTH PARLIAMENT SCHEME News: President of India launched the Web-Portal of “National Youth Parliament Scheme”.

Facts:

National Youth Parliament Scheme:

• It was launched in 1966 in Schools under the Directorate of Education,

Government of NCT of Delhi and NDMC, Kendriya Vidyalayas, Jawahar Navodaya

Vidyalayas and Universities/ Colleges. • The scheme is implemented by the Ministry of Parliamentary Affairs. • The scheme encompasses conducting National Youth Parliament Competition every

year.

Objectives:

• Familiarize the students with the practice and procedures of Parliament,

techniques of discussion and debate

• Develop leadership qualities, spirit of self-discipline and tolerance of diverse

opinions and healthy competition • Inculcate among younger generations the art and skill of effective oratory,

righteous expression of views and other virtues of a democratic way of life.

CONSTITUTION DAY News: Constitution Day was celebrated on 26th November 2019. 2019 marks the 70th

year of the adoption of the Indian Constitution.

Facts:

• The Indian Government declared 26 November as Constitution Day by a gazette

notification in 2015. Earlier, 26th November was celebrated as National Law Day.

The day also offers tribute to B.R. Ambedkar, the Father of Indian Constitution, who

had played a pivotal role in drafting of the Indian Constitution.

Aim of the Day:

• To publicize the glorious and rich composite culture and diversity of our nation. • To create awareness of Fundamental Duties as enshrined in the Indian Constitution • Nagrik Kartavya Palan Abhiyan: launched on Constitution Day, 2019. It will

run from 26th November 2019 to 26th November 2020. It seeks to create mass

awareness about the Fundamental Duties as enshrined in the Indian



Constitution.

LOK SABHA News: Former President said that the number of seats in Lok Sabha should be increased

to 1,000 from the present 543 as every MP represents an average 16-18 lakh Indians

which is too large a number to be kept in touch.

Facts:

Strength of Lok Sabha:

• Article 81 of the Constitution defines the composition of the Lok Sabha. It states that

the House shall not consist of more than 550 elected members of whom not more

than 20 will represent the Union Territories.

• At present, the strength of the Lok Sabha is 543 of which 530 have been allocated

to the states, and the rest to the Union Territories.

• Article 81 also mandates that the number of Lok Sabha seats allotted to a state would

be such that the ratio between that number and the population of the state is the

same for all states as far as possible. This is to ensure that every state is equally

represented. However, this logic does not apply to small states whose population

is not more than 60 lakhs.

• As per Article 81(3), population for the purpose of allocation of seats, means the

population as ascertained at the last published Census.

Additional Facts:

Delimitation - Delimitation is the process of redrawing the boundaries of Lok Sabha and

State Assembly seats to incorporate changes in the population.

• The strength of Lok Sabha hasn’t always been 543 seats. Originally, Article 81

provided that the Lok Sabha shall not have more than 500 members. The first House

constituted in 1952 had 497 members. The last time the strength of the Lok Sabha

was revised to 543 was based on the 1971 census.

• In 1976, a temporary freeze was imposed on delimitation until 2001. The freeze that

should have been lifted in 2001 was extended till 2026 by another amendment to

the constitution.

ANGLO-INDIANS LEFT OUT AS BILL TO EXTEND QUOTA IN LEGISLATURE GETS NOD



News: Union Cabinet has approved the abolition of reservation of two seats for the Anglo-

Indian community in the Lok Sabha while extending the reservation to Scheduled Castes

(SC) and Schedule Tribes (ST) by 10 years.

Facts:

• The term Anglo Indian as defined in Article 366 (2) of the Indian constitution

refers to a person whose father or any of whose other male progenitors is or was

of European descent but who is a native of India.

• Article 331 of the Constitution provides that the President may, if he is of the opinion

that the Anglo- Indian community is not adequately represented in the House of the

People, nominate not more than two members of that community to the House of

the People.

• In the same way for the state Assemblies, Article 333 has provided for the Governor

to nominate the members.

• Article 334(b) extended the reservation of the Anglo-Indian community in the

Legislative bodies for 40 years through the insertion of this article. Subsequently,

the reservation for the Anglo-Indian community was extended till the year 2020

through the 95th Amendment,2009.

LOK SABHA SPEAKER CAPS PRIVATE MEMBER BILLS News: The number of bills that a private member can introduce in a session of the Lok Sabha

has been limited to three.

Facts:

• The government bills can be introduced and discussed on any day but private

member’s bills can be introduced and discussed only on Fridays.

• The admissibility of a private member’s Bill is decided by the Rajya Sabha

Chairman or the Lok Sabha Speaker.

• The Member must give at least a month’s notice before the Bill can be listed for

introduction; the House secretariat examines it for compliance with constitutional

provisions and rules on legislation before listing.

• The last time a private member’s bill was passed by both Houses was in

1970.The bill was the Supreme Court (Enlargement of Criminal Appellate

Jurisdiction) Bill, 1968.

Additional Facts:

Private members bill: A Member of Parliament who is not a Minister or not a member of

the Government is regarded as a Private Member. A Bill introduced in either house of the

Parliament by any such member is called a Private Members Bill. Bills introduced by



Ministers are called Government Bills.

GOOD GOVERNANCE INDEX News: Minister of State for Public Grievances and Pensions launched the Good

Governance Index on the occasion of Good Governance Day.

Facts:

• The Good Governance Index is a uniform tool to assess the status of governance

and the impact of various interventions taken up by the State governments and

the Union Territories.

• The index was launched by the Department of Administrative Reforms and Public

Grievances and the Centre for Good Governance.

• The States are assessed on performance in 10 sectors namely (1)agriculture and

allied sectors (2)commerce and industries (3)human resource development

(4)public health (5)public infrastructure and utilities (6)economic governance

(7)social welfare and development, (8)judicial and public security (9)environment

and (10)citizen-centric governance.

Key takeaways from the index: The index has divided States and UTs into three groups

namely Big States, North-East and Hill States and Union Territories.

• Big States: Tamil Nadu has topped the Good Governance Index among the Big

states. It was followed by Maharashtra, Karnataka, Chhattisgarh and Andhra

Pradesh.

• North East and Hill States: Himachal Pradesh was ranked first followed by

Uttarakhand, Tripura, Mizoram and Sikkim.

• The worst performers in this group are Jammu and Kashmir, Manipur,

Meghalaya, Nagaland, Arunachal Pradesh coming last.

• Union Territories: Puducherry is the best governed Union Territory followed by

Chandigarh and Delhi. Lakshadweep is the worst performing UT.

CITIZENSHIP (AMENDMENT) ACT, 2019 News: The Citizenship (Amendment) Bill, 2019 received President Ram Nath Kovind's nod.

Facts:

• The Citizenship (Amendment) Act, 2019 amended the definition of illegal

immigrant for Hindu, Sikh, Parsi, Buddhist and Christian immigrants from

Pakistan, Afghanistan and Bangladesh, who have lived in India without



documentation.

• They will be granted fast-track Indian citizenship in six years. Till now, 12 years of

residence has been the standard eligibility requirements for attainment of

citizenship by naturalisation.

• Eligibility criteria:

o The Act applies to all those illegal immigrants (religious minorities) who

have entered India or will enter India in future.

o The cut-off date for citizenship is December 31, 2014, which means the

applicant should have entered India on or before that date.

• Exemptions from CAA: The Act excludes the areas under the Sixth Schedule and

the North Eastern parts covered by the Inner Line Permit regime- which includes

the whole of Arunachal Pradesh, Mizoram, most of Nagaland, Meghalaya and

Tripura, and certain pockets of Assam. The Inner Line Permit (ILP) regime has

been extended to Manipur.

Additional Facts:

About Inner Line Permit (ILP): Inner Line Permit (ILP) is an official travel required

by Indian citizens residing outside certain protected states while entering them. The aim

of the ILP is to regulate movement to certain areas located near the international border

of India.

• The origin of ILP dates back to the Bengal Eastern Frontier Regulations, 1873.

The regulations prohibited British subjects or Indians from entering certain

protected areas (such as areas with tea, oil and elephant trade). In 1950, the word

British subjects was replaced by Citizens of India.

• Currently, the ILP is in force in (a)Arunachal Pradesh (b)Mizoram and (c)Nagaland

(d) Manipur. Protected Area Permit (PAP) - It is a legal travel certificate issued to

foreign nationals (except Bhutan) for entering certain areas near the international

border of India. It is issued under the Foreigners (Protected Areas) Order, 1958.

• Citizens of Afghanistan, China and Pakistan are required to seek prior approval

from the Ministry of Home Affairs to visit the protected areas

• Protected Areas are located in Arunachal Pradesh, parts of Himachal Pradesh

parts of Jammu & Kashmir, parts of Rajasthan, parts of Sikkim and parts of

Uttarakhand.

Restricted Area Permit (RAP): It is a legal travel certificate issued to foreign nationals

for entering certain areas in Sikkim and the whole of Andaman and Nicobar Islands. It is

issued under the Foreigners (Protected Areas) Order, 1958.

ASSAM ACCORD 1985 News: The debate on the Citizenship Amendment Bill (CAB) passed by Parliament has



repeatedly flagged the alleged violation of the Assam Accord by the new law.

Facts:

• The Assam Accord was a Memorandum of Settlement (MoS) signed between

representatives of the Government of India and the leaders of the Assam

Movement in 1985.

• What did the accord contain?

o All those foreigners who had entered Assam between 1951 and 1961

were to be given full citizenship including the right to vote.

o The entrants between 1961 and 1971 were to be denied voting rights for

ten years but would enjoy all other rights of citizenship.

o Foreigners who came to Assam on or after March 25, 1971 shall continue

to be detected, deleted and practical steps shall be taken to expel such

foreigners.

o Clause 6 of the accord talks about providing constitutional, legislative

and administrative safeguards to protect, preserve and promote the

cultural, social, linguistic identity and heritage of the Assamese people.

• In July 2019 Government of India has constituted a high-level panel to suggest

ways to implement Clause 6 of the 1985 Assam Accord. The panel is headed by

former Guwahati high court judge Justice Biplab Kumar Sarma.

DISHA BILL News: The Andhra Pradesh Assembly enacted the A.P. Disha Act, 2019 (A.P. Criminal Law

(Amendment) Act, 2019).

Facts:

• The Act allows for death penalty for heinous offences such as rape and gang-rape. • The Act also amended the Code of Criminal Procedure for serious rape cases so

that if sufficient conclusive evidence was available the investigation should be

done in seven working days.

• The trial is expected to be completed within 14 working days taking the total time

for a judgement in the case to 21 working days from the existing 4 months.

POLITICAL PARTIES REGISTRATION TRACKING MANAGEMENT SYSTEM (PPRTMS)

News: The Election Commission of India (ECI) is set to implement the Political Parties

Registration Tracking Management System (PPRTMS).



Facts:

• The registration tracking system is being through an online portal to track the

status of the application for registration of a political party. This system will be

effective from January 1, 2020.

Registration of Political Parties: The Registration of Political parties is governed by

the provisions of Section 29A of the Representation of People’s Act, 1951.

• The application should be as per the guidelines prescribed by the Election

Commission in the exercise of the powers conferred by Article 324 and Section

29A of the Representation of the People Act,1951.

Additional Facts:

Representation of the People Act,1951 - An Act to provide for the (a) conduct of

elections of the Houses of Parliament and to the House or Houses of the Legislature of

each State, (b) the qualifications and disqualifications for membership of those Houses,

(c) the corrupt practices and other offences at or in connection with such elections and

(d) the decision of doubts and disputes arising out of or in connection with such elections.

SANTHALI USED FOR THE FIRST TIME IN RAJYA SABHA News: Recently, Santhali language has been spoken for the first time in the Rajya Sabha.

Facts:

• Santhali is a language from the North Mundari group of the Austro-Asiatic Munda family. • Santhali is written in Ol Chiki script which was developed by Pdt. Raghunath Murmu in

1925. • The language is primarily spoken in India (Jharkhand, West Bengal, Odisha and

Assam), Bangladesh and Nepal.

• By 92nd Constitutional Amendment Act, 2003, Santhali along with Bodo, Maithili

and Dogri were added to the 8th Schedule of the Indian Constitution.

Additional Facts:

Santhals: Santhals form the third largest tribal group in India. They call themselves Hor ko

(Man) or Horhopon ko (sons of Man)

• Santhals follow the Sarna religion. Their God and Goddess are Marangburu, Jaheraera, and Manjh.

• Sohrai is the principal festival of Santal community. Besides that, Baha, Karam,

Dansai, Sakrat, Mahmore, Rundo and Magsim are important festivals.

• Chadar Badar, a form of puppetry known also as Santal puppetry is a folk show

involving wooden puppets placed in a small cage which acts as the stage.

Santhal rebellion: The Santhal rebellion commonly known as Santhal Hool was a



native rebellion in Jharkhand against both the British colonial authority and zamindari

system.

• The rebellion was led by the four Murmu Brothers - Sidhu, Kanhu, Chand and Bhairav. • The rebellion was a revolt against the oppression of the British rule propagated

through a distorted revenue system, enforced by the local zamindars, the police

and the courts of the legal system.

• The rebellion was started in 1855. However, the revolt was brutally crushed

when the two celebrated leaders Sidhu and Kanhu were killed by the British.

Agreement to settle Bru refugees in Tripura inked News: The Centre, the governments of Tripura and Mizoram and representatives of Bru tribe has

signed a new agreement to settle the Bru refugees in Tripura from Mizoram

Facts:

About the agreement:

● It provides that 34,000 Bru tribal will now be settled in the state of Tripura from

Mizoram, (who are currently living in relief camps in Tripura)

● The Centre has sanctioned a 600-crore rupee package for the rehabilitation of the

people from Bru community.

● The Bru refugees will also get 40 x 30 feet plot along with a fixed deposit of four

lakh rupees, cash assistance of five thousand rupees per month for two years and

free ration.

Additional Facts:

About Bru Refugees:

● Bru or Reang is a community indigenous to Northeast India living mostly across

Assam, Mizoram and Tripura. In Tripura, they are recognised as a Particularly

Vulnerable Tribal Group.

● Brus speak the Reang dialect of Bru language which is Tibeto Burmese origin and

is locally referred to as Kau Bru.

● The Hojagiri folk dance of the Reang subtribe is well known all over the world. The

most popular festival of Reang tribes is Buisu.

About the conflict:

● In Mizoram, the Bru community has been targeted by groups (such as Young Mizo

Association) that do not consider them indigenous to the state.

● In 1997, ethnic clashes erupted and Brus fled from Mizoram and were

accommodated in relief camps in Tripura. Since then, thousands of Bru refugees

are living in the six relief camps in North Tripura.

Classical Languages in India News: At the 93rd edition of the Akhil Bharatiya Marathi Sahitya Sammelan, a resolution was



passed demanding the declaration of Marathi as a ‘Classical’ language.

Facts:

About Classical languages:

● Currently, six languages enjoy the ‘Classical’ status namely Tamil (declared in

2004), Sanskrit (2005), Kannada (2008), Telugu (2008), Malayalam (2013),

and Odia (2014).

Guidelines for declaring a classical language:

● High antiquity of its early texts/recorded history over a period of 1500-2000 years;

● A body of ancient literature/texts, which is considered a valuable heritage by

generations of speakers;

● The literary tradition be original and not borrowed from another speech community; ● The classical language and literature being distinct from modern, there may

also be a discontinuity between the classical language and its later forms or its

offshoots.

Benefits provided to a classical language:

● Two major annual international awards for scholars of eminence in classical Indian languages.

● A Centre of Excellence for studies in Classical Languages is set up.The

University Grants Commission can be requested to create, to start with at least

in Central Universities, a certain number of professional chairs for classical

languages, for scholars of eminence in the concerned language.

Official Language News: Activists have demanded to include Tulu in the Eighth Schedule of the Constitution.

Facts:

About Tulu Language:

● Tulu is a Dravidian language whose speakers are concentrated in two coastal

districts of Karnataka and Kasaragod district of Kerala.

● Kasaragod district is called the ‘Sapta bhasha Samgama Bhumi’ (the confluence

of seven languages) and Tulu is one among the seven.

Advantages of including Tulu in the Eighth Schedule:

● If included in the Eighth Schedule, Tulu would get recognition from the Sahitya Akademi.

● Tulu books would be translated into other recognized Indian languages.

● Members of Parliament and MLAs could speak Tulu in Parliament and State

Assemblies, respectively.

● Candidates could write all-India competitive examinations like the Civil Services exam in Tulu.




About Eighth Schedule:

● The Eighth Schedule to the Constitution of India lists the official languages of

the Republic of India.

● It consists of the following 22 languages:-(1) Assamese, (2) Bengali, (3)

Gujarati, (4) Hindi, (5) Kannada, (6) Kashmiri, (7) Konkani, (8) Malayalam, (9)

Manipuri, (10) Marathi, (11) Nepali, (12) Oriya, (13) Punjabi, (14) Sanskrit,

(15) Sindhi, (16) Tamil, (17) Telugu, (18) Urdu (19) Bodo, (20) Santhali, (21)

Maithili and (22) Dogri.

Article 131 News: The Kerala government has moved the Supreme Court against the Citizenship

(Amendment) Act under Article 131 of the Constitution.

Facts:

About Article 131:

● It vests the Supreme Court with original jurisdiction over disputes occurring

between states or between states and the Centre.

● The original jurisdiction means the power to hear a case for the first time, as

opposed to appellate jurisdiction in which the court reviews the decision of a

lower court.

● Further, unlike the original jurisdiction under Article 32 which gives the top

court the power to issue writs but the jurisdiction in Article 131 is exclusive

meaning it is only the Supreme Court which has this authority.

Disputes on which Article 131 can be used: The Supreme Court shall to the exclusion of

any other court have original jurisdiction in any dispute on:

● between the Government of India and one or more States; or

● between the Government of India and any State or States on one side and one or

more other States on the other; or

● between two or more States.

Exception:

● The dispute must involve a question (whether of law or fact) on which the

existence or extent of a legal right depends.

● The jurisdiction shall not extend to a dispute arising out of any treaty,

agreement or other similar instrument which having been entered into or

executed before the commencement of this Constitution continues in operation

after such commencement or which provides that the said jurisdiction shall not

extend to such a dispute.

Cases related to Article 131:

● In State of Bihar v. Union of India, the Supreme Court held that the dispute



between the state of Bihar and the Hindustan Steel Ltd did not fall under Article

131 as Hindustan steel was not considered to be a state.

● In the case of State of Rajasthan v. Union of India, the question was whether the

word states come under the meaning of the state government or not. The

Supreme Court held that it had the original jurisdiction to entertain the

proceeding.

Private Property is a human right: Supreme Court News: Recently, In Vidya Devi Vs State of Himachal Pradesh case, the Supreme Court has

held that a citizen’s right to own private property is a human right and the state cannot

take possession of it without following due procedure and authority of law.

Facts:

Background:

● The case was of an 80-year-old woman whose 3.34-hectare land was forcibly

taken by the Himachal Pradesh Government in 1967 for constructing a road.

Key takeaways from the judgement:

● The court ruled that the citizen’s right to own private property is a human right.

● It said that to forcibly dispose of citizens of their private property without

following the due process of law would be to violate a human right as also the

constitutional right.

● The apex court also referred to the earlier verdict in State of Haryana v. Mukesh

Kumar case (2011) wherein it was held that the right to property is not only a

constitutional or statutory right but also a human right.

● The court also said that the state cannot be permitted to perfect its title over

the land by invoking the doctrine of adverse possession.

● Further, the apex court also used its extraordinary jurisdiction under Article

136 and Article 142 of the Constitution to direct the government to pay the

woman compensation of 1 crore rupees.

Additional Facts:

About Right to property:

● The Constitution of India 1949 contained Article 19(1)(f) as well as Article 31,

which provided the fundamental right of private ownership of property, and

freedom to acquire, enjoy and dispose of it by lawful means.

● However, the 44th Amendment of 1978 deleted the right to property from the

list of fundamental rights. It was made a Constitutional right under Article

300A.

● Article 300A requires the state to follow due procedure and authority of law to

deprive a person of his or her private property.

Right to Adverse possession:



● The right to Adverse possession is a legal doctrine that allows a person who

possesses or resides on someone else’s land for an extended period of time to

claim legal title to that land.

● In India, the person who is not the original owner of the land becomes the

owner because of the fact that he has been in possession of the property for a

minimum of 12-years within which the real owner did not seek legal recourse

to oust him.

About Article 142:

● Article 142 provides for the enforcement of decrees and orders of Supreme

Court. It consists of two clauses:

● Article 142(1) states that the Supreme Court in the exercise of its jurisdiction

may pass such decree or make such order as is necessary for doing complete

justice in any cause or matter pending before it and the orders shall be

enforceable throughout the territory of India.

Article 136(Special leave petition):

● Under Article 136 of the Constitution, the Supreme Court is authorised to grant

in its discretion special leave to appeal from (a) any judgment, decree

determination, sentence or order (b) in any case or matter or (c) passed or

made by any court or tribunal in the territory of India.

● The only exception to this power of the Supreme Court is with regard to any

judgment of any court or tribunal constituted by or under any law relating to

the armed forces.

SC verdict on internet shutdown in Kashmir News: The Supreme Court in Anuradha Bhasin vs Union of India ruled that the freedoms

of speech and expression, Trade and Commerce through the medium of Internet are

constitutionally protected under Articles 19(1)(a) and Articles 19(1)(g) of Constitution.

Facts:

● This ruling came on a petition on Internet blockade in Jammu and Kashmir due

to revoking of Article 370.

● The cases were also related to the impact of the prohibitory orders issued under

Section 144 of the Code of Criminal Procedure (CrPC) on press freedom.

What did the petitioner argue?

● The petitioner argued that the internet shutdown in Kashmir was not compliant

with the Rules as the (a)rules require the suspension to be temporary and (b)order

claims a law-and-order danger as opposed to a public order danger specified in the

Rules.

Key takeaways from the judgement Court on Suspension of Internet services:



● The Supreme Court has directed the Jammu and Kashmir authorities to review

all orders imposing curbs in the Union Territory of Jammu and Kashmir.

● The court observed that suspending Internet services indefinitely is

impermissible under the Temporary Suspension of Telecom Services [Public

Emergency or Public Service] Rules, 2017.

● The suspension could be done for temporary duration only and the same is

subject to judicial review.

Court on Freedom of Speech and expression:

● The Court declared that freedom of speech and expression and the freedom to

practice any profession or carry on any trade, business or occupation over the

medium of internet enjoys constitutional protection under Art 19(1)(a) and

19(1)(g).

● Hence, the restrictions on fundamental rights cannot be done by an arbitrary

exercise of powers.It should follow the mandate of Article 16(2) and Art 16(6),

inclusive of doctrine of proportionality.

● The doctrine of Proportionality postulates that the nature and extent of the

State’s interference with the exercise of a right must be proportionate to the

goal it seeks to achieve.

Court on Section 144:

● The court said that Section 144 cannot be used to suppress the legitimate

expression of opinion or grievance or the exercise of democratic rights

● The imposition of Section 144 must strike a balance between the rights of the

individual and the concerns of the state.

● Further, the powers under Section 144 should be exercised in a reasonable and

bona fide manner and the order must state material facts in order to enable

judicial review.


About Section 144:

● Section 144 of the Criminal Procedure Code (CrPC) of 1973 authorizes the

Executive Magistrate of any state or territory to issue an order to prohibit the

assembly of four or more people in an area.

● It is imposed in urgent cases of nuisance or apprehended danger of some event

that has the potential to cause trouble or damage to human life or property.

About Temporary Suspension of Telecom Services Rules,2017:

● The rules are based on the powers conferred by section 7 of the Indian Telegraph Act, 1885.

● Reason for imposition: public safety or emergency ● Authority to pass orders: home secretary and state's home department.

State can regulate minority institutions, says Supreme Court



News: The Supreme Court has upheld the constitutionality of West Bengal Madrasah

Service Commission Act 2008 observing that there is no absolute and unqualified right of

appointment for minority educational institutions.

Facts:

Background:

● The West Bengal Assembly had passed an act called West Bengal Madrasah

Service Commission Act of 2008.

● The Act mandated that the process of appointment of teachers in aided

madrasahs, recognised as minority institutions would be done by a

Commission whose decision would be binding.

● The act was challenged in the apex court by managing committees of various

madrasas on the basis that the act violates Article 30 of the Constitution which

deals with the right of minorities to establish and administer educational

institutions.

● Calcutta High Court in 2015 had declared the Act ultra vires to Article 30 of the Constitution

About the Supreme Court Judgement:

● The Court held that the State is well within its rights to introduce a regulatory

regime in the national interest to provide minority educational institutions

with well-qualified teachers in order for them to achieve excellence in

education.

● The court also applied the principles laid down in the decision in TMA Pai

Foundation case. It observed that the provisions of the Act are not transgressing

the rights of the minority institutions.

● Further, the court also said that the managements of minority institutions

cannot ignore a legal regime by saying that it is their fundamental right under

Article 30 of the Constitution to establish and administer their educational

institutions according to their choice.

Additional Facts:

About Minority Institutions:

● Article 30(1) provides religious and linguistic minorities to establish and

administer educational institutions.

● A majority community can also establish and administer educational

institutions, but they will not enjoy special rights under Article 30(1)(a).

Special Rights enjoyed by Minority institutions:

● Under Art 30(1)(a), a minority institution enjoys the right to education as a

Fundamental Right. But, in case the property is taken over by the state, due

compensation to be provided to establish institutions elsewhere.

● In P.A. Inamdar Vs. State of Maharashtra case, the court had said that (a)policy

of reservation in admission cannot be made applicable to a minority institution



and (b)policy of reservation in employment cannot be made applicable to a

minority institution.

● Further, a minority educational institution covered under Article 30(1) of the

Constitution including a Madrasa is exempted from the purview of the Right of

Children to Free and Compulsory Education Act.

● In St Stephens’s vs. Delhi University case,1992, the SC has ruled that the

minority institution can have approximately 50% of seats reserved for the

minorities.

● In TMA Pai & others vs. State of Karnataka & others 2002 case, the SC ruled

that minority institutions can have separate admission process which is fair,

transparent and merit based.

Election Commission of India launches PPRTMS News: The Election Commission has launched Political Parties Registration Tracking

Management System (PPRTMS).

Facts:

Political Parties Registration Tracking Management System (PPRTMS):

● It is an online system that will allow political parties to track their applications

for registration with the ECI on a real-time basis.

Additional Facts:

Registration of Political Parties

● Registration of political parties in India is governed by section 29A of the

Representation of the People Act, 1951.

● An association seeking registration has to submit an application to the ECI

within a period of 30 days from the date of its formation.

Belgaum tension between Maharashtra and Karnataka News: Decades-old border dispute related to Belgaum between Maharashtra and Karnataka has flared up again.

Facts:

About the Belgaum dispute:

● The dispute between Maharashtra and Karnataka over Belgaum and other

border areas is a longstanding issue between the two states.

● The erstwhile Bombay Presidency had included the present-day Karnataka

districts of Bijapur, Belgaum, Dharwar and Uttara-Kannada (previously North

Kanara).

● In 1948, the Belgaum municipality requested that the district having a



predominantly Marathi- speaking population be incorporated into the

proposed Maharashtra state.

● However, the States Reorganisation Act of 1956 which divided states on

linguistic and administrative lines made Belgaum a part of the then Mysore

State (which was renamed Karnataka in 1973).

Additional Facts:

Mahajan Commission: ● The Maharashtra government

contested the inclusion of Belgaum

in Karnataka and lodged a protest

with the Central Government in

September 1957.

● This led to the formation of the

Mahajan Commission under former

Chief Justice Mehr Chand Mahajan in

October 1966.

● The commission recommended that

264 villages be transferred to

Maharashtra and that Belgaum and

247 villages remain with Karnataka.

● However, Maharashtra rejected the report and

continues to claim over 865 villages along the border as well as Belgaum city

which are currently part of Karnataka.

Chhattisgarh challenges NIA Act News: The Chhattisgarh government has moved the Supreme Court against the 2008

National Investigative Agency (NIA) Act stating it is violative of the Constitution.

Facts:

About the NIA Act,2008:

● National Investigation Agency (NIA) is a central counter-terrorism agency

established under the National Investigative Agency (NIA) Act,2008.

● Powers: to take suo motu cognizance of terror activities in any part of India,

register a case to enter any state without permission from the state government

and to investigate and arrest people.

Chhattisgarh Government objections:



● “Police” is a state subject according to the 7th schedule of the constitution, hence

beyond the jurisdiction of the Parliament.

Additional Facts:

About NIA Amendment Bill,2019:

● The bill enables NIA to additionally investigate offences related to ○ (a) human trafficking (b) counterfeit currency (c) manufacture or sale of

prohibited arms (d) cyber-terrorism and (e) offences under the Explosive

Substances Act,1908.

○ Power to investigate offences committed outside India subject to

international treaties and domestic laws of other countries.

○ Enables the Central government to designate sessions courts as special courts

Assam: National Democratic Front of B (S) signs

Suspension of Operations agreement withCentre

News: The National Democratic Front of Bodoland (NDFB(S)) has signed a tripartite

agreement with the central and Assam governments to suspend operations and join peace

talks with the government.

Facts:

About NDFB:

● An outfit named Bodo Security Force (BdSF) was formed in 1986. In 1994, the BdSF

renamed itself as the National Democratic Front of Bodoland (NDFB).

● The outfit is an armed separatist outfit which seeks to obtain a sovereign Bodoland for the Bodo people.

● The group has carried out several attacks in Assam targeting non-Bodo civilians as

well as the security forces.

● In 2008, NDFB was divided into two factions namely NDFB(Progressive) and NDFB

(RD). In 2012 NDFB(RD) again broke away and the NDFB(S) faction was formed.

● Currently, all these factions are in peace talks with the Union Government of India.

Additional Facts:

About Bodos:

● Bodos are the single largest tribal community in Assam making up over 5-6% of the state’s population.

● The Bodos demanded a separate state called Bodoland. ● This demand and their armed struggle led to the signing of Bodo Accord in 2003.

The accord provides for the establishment of a Bodoland Territorial Council under

Sixth Schedule of the Constitution of India.

● The four districts in Assam namely Kokrajhar, Baksa, Udalguri and Chirang

constitutes the Bodo Territorial Area District (BTAD).



Department of Military Affairs (DMA) News: The Ministry of Defence (MoD) has approved the rules of business for the newly

created Department of Military Affairs (DMA).

Facts:

About the Department of Military Affairs (DMA):

● The Department of Military Affairs (DMA) is headed by the Chief of Defence Staff (CDS). ● It is the fifth department in the Ministry of Defence (MoD). The others being the

Department of Defence, the Department of Defence Production, the Department of

Defence Research and the Department of Ex-Servicemen Welfare.

Services under the Department of Military Affairs (DMA):

● Promotions and postings of senior officers ● War wastage reserves of 3 forces ● Procurement of ammunition ● Major Infrastructure projects like the creation of new naval bases ● Overseas deployment of warships ● Size, shape and composition of the army ● Supply of arms and ammunition to neighbouring nations.

Services retained by Ministry of Defence:

● All capital procurements ● Any matter that has an impact on defence policy ● Secretariat of Defence acquisition Council among others.

Supreme Court bats against transfer of community resources News: The Supreme Court has held that the government has no right to transfer invaluable

community resources like village water ponds for commercialization of the property.

What was the issue?

● The petition was filed against the transfer of village ponds sites of Saini Village in

the National Capital Region to some private industrialists by the Greater Noida

Industrial Development Authority.

Key points of the judgement: ● The protection of village commons is essential to safeguard the fundamental right

guaranteed by Article 21 of our Constitution. ● These common areas are the lifeline of village communities and often sustain various

chores and provide the resources necessary for life. ● Further, the State cannot divest villagers of their existing source of water even if it

promises to provide them an alternative site where the water body can be replicated. ● Such an attitude would display mechanical application of environmental protection.



Article 21(Protection of life and personal liberty): No person shall be deprived of his

life or personal liberty except according to the procedure established by law.

Dubai declared ‘reciprocating territory’ by India News: The Ministry of Law and Justice has issued an order declaring the United Arab

Emirates to be a reciprocating territory under Section 44A of the Civil Procedure

Code,1908.

Facts:

About Reciprocating territory:

● Reciprocating territory means that decrees passed by courts in the UAE can now

be executed in India as if they were passed by Indian civil courts.

● The mechanism for conferring such a status to foreign civil decrees has been

outlined in Section 44A of the CPC.

● Apart from Dubai, the other countries that have been declared to be reciprocating

territories are: United Kingdom, Singapore, Bangladesh, Malaysia, Trinidad &

Tobago, New Zealand, the Cook Islands (including Niue) and the Trust Territories

of Western Samoa, Hong Kong, Papua New Guinea, Fiji, Aden.

Additional Facts:

About Section 44 of the CPC:

● Section 44A Civil Procedure Code,1908 provides the law on the subject of

execution of decrees of Courts in India by foreign Courts and vice versa.

Manipur tribes call a truce after decades of conflict News: The organisations of Naga and Kuki tribes namely Naga National Political Groups

(NNPGs) and the Kuki National Organisation (KNO) have signed a declaration to settle

contentious issues and inter-community differences peacefully.

Facts:

About Naga-Kuki conflict:

● The Kuki–Naga conflict mainly fought on land and identity issues led to loss of lives

and internal displacement.

● The British colonial policy of governance in the north-east frontier of India and the

rise of ethnic nationalism among both the Kukis and Nagas in the post-

independence period were the roots of the conflict.

Additional Facts:

About Nagas: ● Naga is an umbrella term for several indigenous communities in North-East India and



Upper Burma. They belong to the Indo-Mongoloid Family. ● It covers a number of tribes that reside in Nagaland, Manipur, Assam and Arunachal

Pradesh states of India and also in Myanmar. ● Some of the major Naga tribes are Angami, Chang, Konyak, Lotha, Phoms, Rengma, Sema,

Pochury and Zeliang. ● Naga tribes' biggest festival is the New year festival of January 15th called Kaing Bi festival.

About Kukis:

● The Kukis constitute one of several hill tribes within India, Bangladesh, and Burma. ● In Northeast India, they are present in all states except Arunachal Pradesh. ● Some fifty tribes of Kuki people in India are recognised as scheduled tribes. ● The majority of Kukis are Christians. The main festival of the Kuki tribe is Mim Kut.

Tribal Affairs Ministry proposes 6th Schedule Area status to Ladakh

News: Union Tribal Affairs Ministry has proposed 6th Schedule Area status to Union Territory of Ladakh.

Facts:

About Sixth Schedule

● The Sixth Schedule consists of provisions for the administration of tribal areas in

Assam, Meghalaya, Tripura and Mizoram, according to Article 244 of the Indian

Constitution. It was passed by the constituent Assembly in 1949.

● It seeks to safeguard the rights of tribal population through the formation of

Autonomous District Councils (ADC).

● It also provides for separate Regional Councils for each area constituted as an autonomous region.

● The Governors of these four states are empowered to declare some tribal-

dominated districts / areas of these states as autonomous districts and

autonomous regions.

Additional Facts:

Autonomous District Councils

● Autonomous District Councils are administrative bodies constituted in accordance

with the Sixth Schedule, Article 244 (2) & Article 275(1) of the Indian Constitution.

● Powers:

○ can constitute village courts within their jurisdiction to hear trial of cases involving the tribes;

○ empowered to make legislative laws on matters like land, forests, fisheries,

social security, entertainment, public health, etc. with due approval from

the governor;

○ Acts passed by Parliament and state legislatures may or may not be levied

in these regions unless the President and the governor gives approval.

● There are 10 autonomous district councils:



○ Assam: Bodoland Territorial Council, Karbi Anglong Autonomous Council

and Dima Hasao Autonomous District Council.

○ Meghalaya: Garo Hills Autonomous District Council, Jaintia Hills

Autonomous District Council and Khasi Hills Autonomous District Council.

○ Tripura: Tripura Tribal Areas Autonomous District Council. ○ Mizoram: Chakma Autonomous District Council, Lai Autonomous District

Council, Mara Autonomous District Council.

Fifth Schedule:

● It deals with the administration and control of Scheduled Areas as well as of

Scheduled Tribes residing in any State other than the States of Assam, Meghalaya,

Tripura and Mizoram.


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