Polity And Governance

NCRB Report on Cybercrime

Why in news ?

According to the ‘Crime in India’ report released by the National Crime Records Bureau (NCRB), there has been a 24.4 percent increase in Cyber Crime Cases across India.

national Cybercrime Statistics (2022)

• Telangana reported 15,297 cases of cybercrime incidents in 2022, marking the highest in the country.
• The surge in cybercrimes emphasizes the need for enhanced cybersecurity measures and public awareness.
• Across the country, a total of 65,893 cybercrime cases were registered in 2022, indicating a substantial 24.4% increase from the previous year’s 52,974 cases.
• The crime rate in the cybercrime category rose from 3.9 in 2021 to 4.8 in 2022.
• Fraud constituted the majority of cybercrimes, accounting for 64.8% of cases (42,710 instances).
• Extortion and sexual exploitation followed, constituting 5.5% (3,648 cases) and 5.2% (3,434 cases), respectively.
• Bengaluru topped the list among metropolitan cities, reporting 9,940 cybercrime cases, followed by Mumbai (4,724 cases) and Hyderabad (4,436 cases).

What is the National Crime Records Bureau?

• NCRB was set up in 1986 to function as a repository of information on crime and criminals to assist the investigators in linking the crime to the perpetrators based on the recommendations of the Tandon Committee, National Police Commission (1977-1981) and the Ministry of Home Affairs (MHA) Taskforce (1985).
• It is part of the MHA and is headquartered in New Delhi.

Source – Indian Express

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Corporate Governance in India

Why in news ?

The Indian Institute of Corporate Affairs’ (IICA) organized the ‘Two-Day Familiarisation Programme for Independent Directors’ aimed at strengthening Corporate Governance in India.

What is Corporate Governance?

• Corporate governance, which refers to the system of rules, practices, and processes by which a company is directed and controlled, plays a crucial role in ensuring that businesses are run ethically and in the best interests of their stakeholders.
• One of the key responsibilities of corporate governance is to prevent corporate greed and ensure that businesses are operated in a responsible and transparent manner.

Guidelines for Corporate Governance At International Level

• Cadbury Committee Report-The Financial Aspects of Corporate Governance (1992).
• Greenbury Committee Report on Directors’ Remuneration (1995).
• Hampel Committee Report on Corporate Governance (1998).
• The Combined Code, Principles of Good Governance and Code of Best Practice, London Stock Exchange (1998).
• CalPERS’ Global Principles of Accountable Corporate Governance (1999).
• Blue Ribbon Report (1999).
• King Committee On Corporate Governance (2002).

Corporate Governance Initiatives in India

• In India, corporate governance initiatives have been undertaken by the Ministry of of Corporate Affairs (MCA) and the Securities and Exchange Board of India (SEBI).
• The first formal regulatory framework for listed companies specifically for corporate governance was established by the SEBI in February 2000, following the recommendations of Kumarmangalam Birla Committee Report. It was enshrined as Clause 49 of the Listing Agreement.
• Further, SEBI is maintaining the standards of corporate governance through other laws like the Securities Contracts (Regulation) Act, 1956; Securities and Exchange Board of India Act, 1992; and Depositories Act,

Importance of Corporate Governance

The term is highlighted whenever there are corporate frauds. Corporate Governance and Code of corporate governance calls for ethical and accountable corporate administration. The best practices of corporate governance are important not only for public or shareholders but also for the very existence of the company itself. Adopting corporate governance will increase the value, sustainability and long-term profits.

Source – The Hindu

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Governor Veto Power Over Bills

Why in news ?

The Supreme Court expressed ‘serious concern’ over inaction by the Governor on Bills presented for his assent.

What are the Highlights of the Judgement?

1. Mandatory to return the bill for reconsideration if assent withheld– Court has held that under Article 200, if the Governor withholds assent he must return the bill “as soon as possible” with a message to reconsider the proposed law. A Governor who chooses to withhold a Bill without doing anything further would be acting in contravention of the Constitution.
2. It said the expression “as soon as possible” conveyed a “constitutional imperative of expedition” which means cannot hold indefinitely. The court has thus clarified its position on ‘pocket veto’
3. Governor enjoys no veto power over Bills- After returning the Bill for reconsideration, if the State legislature passes the Bill again, with or without amendment and the Bill is presented to the Governor for assent, the Governor shall not withhold assent (Article 200).

Veto over State Bills:

• The governor is empowered to reserve certain types of bills passed by the state legislature for the consideration of the President.
• Then, the Governor will not have any further role in the enactment of the bill.
• The President can withhold his assent to such bills not only in the first instance but also in the second instance.
• Thus, the President enjoys absolute veto (and not suspensive veto) over state bills.
• Further, the President can exercise pocket veto in respect of state legislation also.

Source – The Hindu

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Digital Advertisement Policy, 2023

Why in news ?

The Ministry of Information and Broadcasting approved “Digital Advertisement Policy, 2023 to enable and empower the Central Bureau of Communication to undertake campaigns in the Digital Media Space.

Digital Advertisement Policy, 2023?

Expansion to Digital Platforms:

• The CBC can advertise on social media, Over-the-Top (OTT) platforms, digital audio platforms, mobile applications, and websites.
• It mandates that the websites, mobile apps, OTT platforms and digital audio platforms need to be at least a year old to be eligible to apply under the scheme.

Advertisement Rates and Transparency:

• Advertising rates will be linked to subscriber base and viewership numbers, determined through competitive bidding to ensure transparency and efficiency.
• Rates discovered through this process will remain valid for three years.

Significance of Digital Advertisement Policy, 2023?

• This policy marks a pivotal moment in CBC’s mission to disseminate information and create awareness regarding various schemes, programs, and policies of the Government of India in response to the evolving media landscape and the increased digitalization of media consumption.
• The huge subscriber base in the Digital Universe, coupled with technology enabled messaging options through Digital advertisements will facilitate effective delivery of citizen centric messages in a targeted manner, resulting in cost efficiencies in public oriented campaigns.
• In recent years, the way audiences consume media has witnessed a significant shift towards the digital space.

Source – The Hindu

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Anticipatory Bail

Why in news  ?

The Supreme Court recently held that the Sessions Court or High Court would have the power to grant interim/transit anticipatory bail when the FIR is not registered within the territory of a particular State but in a different State.

What is Bail and What are its Types?

Definition: Bail is the conditional/provisional release of a person held under legal custody (in matters which are yet to be pronounced by the Court), by undertaking a promise to appear in the Court as and when required. It signifies a security/collateral deposited before the Court for release.

Types of Bail in India:

• Regular Bail: It is a direction given by the Court (any Court within the country) to release a person who is already under arrest and kept in police custody. For such Bail, a person can file an application under Section 437 and 439 of the CrPC.
• Interim Bail: Bail granted for a temporary and short period by the Court till the application seeking Anticipatory Bail or Regular Bail is pending before a Court.
• Anticipatory Bail or Pre-arrest Bail: It is a legal provision that allows an accused person to apply for bail before being arrested. In India, pre-arrest bail is granted under section 438 of the Code of Criminal Procedure, 1973. It is issued only by the Sessions Court and High Court.

What are the Judicial Interpretations of Pre-Arrest Bail?

• The Supreme Court (SC) of India has held that the power to grant pre-arrest bail is an extraordinary power to be exercised only in exceptional cases.
• Gurbaksh Singh Sibbia vs State of Punjab (1980) case: SC ruled that “Sec. 438(1) should be interpreted in the light of Article 21 (protection of life and personal liberty) of the Constitution.”
• Granting of anticipatory Bail as a matter of right of an individual should not be limited by time.
• The Court could impose appropriate restrictions on a case-by-case basis.
• Salauddin Abdulsamad Shaikh vs State of Maharashtra (1995) case: SC overruled its earlier judgment and held that “granting of anticipatory Bail should be limited by time.

What are the Conditions for Granting an Anticipatory Bail in India?

• The person seeking anticipatory bail should have reason to believe that they may be arrested for a non-bailable offense.
• The court may also impose a monetary bond, which the person seeking anticipatory bail will have to pay if they fail to appear before the court or violate the conditions imposed.
• The person seeking anticipatory bail must make themselves available for interrogation by the investigating officer as and when required.
• The court may grant anticipatory bail for a limited period, and the person will have to surrender to custody once the period expires.

On What Grounds Anticipatory Bail can be Cancelled?

Sec. 437(5) & Sec. 439 of Cr PC deal with the cancellation of anticipatory Bail. They imply that a Court which has the power to grant anticipatory Bail is also empowered to cancel the Bail or recall the order related to Bail upon appropriate consideration of facts.

Source – The Hindu

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Dark Pattern

Why In News?

• Recently many people have complained about airlines and online travel websites tricking them into buying things they did not want to buy when booking flights, for example for seats.
• Due to these complaints, the Civil Aviation Ministry has ordered low-cost airline IndiGo to fix its website.

In Terms of Dark Patterns:

• Dark patterns refer to deceptive design techniques used in user interfaces to manipulate or deceive users into performing certain actions or choosing specific options online.
• Examples of dark patterns include baseless countdowns for online deals, terms written in small print, cancellation buttons not being visible or difficult to click, advertisements appearing as news reports or endorsements of celebrities, etc.
• These include auto-playing videos, forcing users to create an account to complete transactions, charging credit cards without notice after a free trial expires, and using blurry colors to hide information that users need to know. Use is also included.
• Such patterns are unethical user interface designs that intentionally make the Internet experience difficult or even exploit users.

How Companies Use Dark Patterns:

• Social media companies and big tech companies like Apple, Amazon, Skype, Facebook, LinkedIn, Microsoft and Google use dark or deceptive patterns to downgrade user experience for their own benefit.
• Amazon faced criticism in the European Union for its confusing, multi-step cancellation process for Amazon Prime subscriptions.
• After communicating with consumer regulators, Amazon eased its cancellation process for online customers in European countries in 2022.
• LinkedIn users often receive unsolicited, sponsored messages from influencers in social media.

About Some Common Types of Dark Patterns:

• The user is promised one thing, but then given something else or forced to agree to additional terms. For example, a free trial that automatically converts to a paid subscription without the user’s consent.
• The user is made to feel guilty or embarrassed for not choosing a certain option such as subscription or donation. For example, when the user tries to close it a pop-up says “No thanks, I don’t care about saving money”.
• The user is not informed of the full price or fees until the final stages of the checkout process, making it difficult to cancel or compare options. For example, taxes, baggage fees and insurance are added at the final stage of flight booking.

The Way Forward:

• Dark patterns are deceptive and harmful design choices that violate consumer rights and online privacy. By being aware of how they work and how to avoid them, you can make informed and empowered choices online.

Source – The Hindu

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Supreme Court will hear the petition challenging electoral bonds

Why In News ?

• Recently, the Supreme Court has said that it will hear the petitions challenging the electoral bond scheme in the last week of October. Petitions challenging the plan were filed by Common Cause and Association for Democratic Reforms (ADR) NGOs.
• The petitioners believe that anonymous funding through electoral bonds promotes corruption and violates the right of citizens to a corruption-free nation.

With reference to electoral bonds:    

• The electoral bond system was introduced through a Finance Bill in the year 2017 and was implemented in the year 2018.
• They serve as a means for individuals and institutions to donate to registered political parties while maintaining the anonymity of the donor.
• An electoral bond is a bearer instrument like a promissory note, which is payable to the holder on demand for donating his contribution to political parties.

Features of Electoral Bonds:

• State Bank of India (SBI) issues bonds in denominations of Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh and Rs 1 crore. Payable on demand of the holder and interest free.
• This bond is purchasable by Indian citizens or institutions established in India. Along with this, this bond is purchasable individually or jointly with other persons.
• The lifespan of an electoral bond is only 15 days, during which it can be used to make donations only to registered political parties.
• The bonds will be available for purchase for a period of 10 days in the months of January, April, July and October as specified by the Central Government.
• Political parties will have to disclose the amount to the Election Commission.
• Donations are made through banking channels, ensuring transparency.
• Political parties are bound to inform about the use of funds received.

Bank issuing electoral bonds:

• State Bank of India (SBI) is the authorized issuer of electoral bonds.
• Electoral bonds are issued through designated SBI branches.

Provision for eligibility of electoral bonds:

• To obtain electoral bonds, a political party must be registered under Section 29A of the Representation of the People Act, 1951.
• Political parties must have secured at least 1% of the votes in the recent Lok Sabha or State Assembly elections.

Objectives of introducing electoral bonds:

• The electoral bond scheme was aimed at promoting a shift from cash-based political donations to digital transactions.
• By facilitating donations through banks, the government aims to reduce the use of unaccounted or black money in political funding.
• Its purpose was to provide anonymity to donors. The name of the donor is not mentioned on the bond.
• Donors contributing less than Rs 20,000 to political parties through purchase of electoral bonds are not required to provide their identity details such as PAN etc.
• The move aims to establish a documentary trail of donations, making the process more transparent and accountable.
• The objective of the Electoral Bond Scheme is to increase transparency in political funding.

Criticism of Electoral Bonds:

• Electoral bonds are donations given to political parties that keep the identity of the donors and recipients anonymous. They may compromise the right to know, which is part of the right to freedom of expression under Article 19 of the Constitution.
• Anonymity can be compromised due to government access to donor data. This means that the government in power can take advantage of this information which can disrupt free and fair elections.
• Critics argue that the anonymity provided by electoral bonds can be misused for money laundering or channeling black money into the political system.
• This, in turn, opens the possibility for the current government to extort money, especially from big companies, or harass them for not handing over funds to the ruling party.
• Unlike other forms of political funding, electoral bonds do not require approval or verification by the Election Commission of India, which may weaken the Election Commission of India’s monitoring role in regulating political funding and ensuring a level playing field.

Source – PIB

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SC verdict on same sex marriages

WHY IN NEWS  ?

A five-judge Supreme Court bench, led by Chief Justice DY Chandrachud, issued a unanimous ruling against legalizing same-sex marriage in India, also rejecting civil unions for non-heterosexual couples in a 3:2 verdict.

Arguments For Same-Sex Marriage:

• Marriage as a Fundamental Right
• Surrogacy and Adoption
• Extend Special Marriage Act
• Cohabitation as a Fundamental Right
• Assimilation of Same-Sex Couples
• Indian Culture and Value System
• Human Dignity

Not possible to tweak the Special Marriage Act (SMA), 1954

• All five judges also unanimously agreed that it is not possible to tweak the Special Marriage Act ,1954 by using gender neutral language to allow same-sex marriage.
• Alternatively, the petitioners had asked for striking down provisions of the SMA that are gender-restrictive.
• CJI said striking down the SMA provisions would jeopardize the legal framework for interfaith and inter-caste couples.

What is Special Marriage Act:

• The Special Marriage Act of 1954 (SMA) provides an alternate route to religious laws for marriage.
• It governs a civil marriage where the state sanctions the marriage rather than the religion.

What are the provisions of Special Marriage Act:

• As per Section 5 of the Act, the parties to the marriage are required to give a notice, in writing, to a “Marriage Officer” of the district in which at least one of the parties has resided for at least 30 days immediately preceding the notice.
• The parties and three witnesses are required to sign a declaration form before the Marriage Officer.
• Once the declaration is accepted, the parties will be given a “Certificate of marriage” which is essentially proof of the marriage

Arguments in Favour of Same Sex Marriages in India

• The right to marry will mean LGBTQIA+ couples can avail the benefits and rights that come with the institution of marriage, such as insurance, adoption, and inheritance.
• Civil unions are not an equal alternative and do not address constitutional anomalies due to exclusion.
• The exclusion sends a message that the latter’s marriages are not as significant as “real” marriages.

SOURCE – INDIAN EXPRESS

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The Case for Caste Census in India 

WHY IN NEWS ? 

Recently, the demand was made for a nationwide caste census after publication of a caste survey in Bihar.

What Do the Socio-Economic Data Indicate?

Evident Caste-Based Deprivation in Indian Society

• The average monthly per capita consumption expenditures (MPCE) of Scheduled Tribes (ST), Scheduled Castes (SC) and OBC households in rural areas were, respectively 65%, 73% and 84% of the MPCE of the general category in 2011-12.
• In urban areas the average MPCE of ST, SC and OBC households were 68%, 63% and 70% of the general category.

Inequality Across Caste Categories in Multidimensional Poverty Estimates

• The persistence of inequality across caste categories in India can also be seen in the multidimensional poverty estimates based on the NFHS-4/2015-16.
• As per research, while STs, SCs and OBCs taken together comprised around 73% of the Indian population, they accounted for 84% of the country’s poor.
• Over 50% of India’s multidimensionally poor belonged to the OBC category.
• As per Oxford Poverty and Human Development Initiative (OPHI) estimate, while STs, SCs and OBCs taken together comprised around 77.6% of the country’s poor in 2005-06, this share increased to almost 84% in 2015-16.

Situation Regarding Education and Employment Across Caste-Categories

Caste-Based Deprivation in Education

• The general category has a much higher proportion of literates, secondary and high school pass outs, graduates, and post-graduates than OBCs, SCs and STs.
• As per NSS 75th round (2017-18), while only 3% of STs, 4% of SCs and 6% of OBCs are graduates, the proportion of graduates in the general category is over 12%.
• The proportion of post-graduates within the general category is over 3%, among OBCs around 1% and among SCs and STs, below 1%.

Poverty & inequality: NFHS data: The persistence of inequality across caste categories in India can also be seen in the multidimensional poverty estimates based on the National Family Health Survey (NFHS-4/2015-16).

Sachar Committee report: The report (2006) had estimated that 31% of Muslims were ‘Below Poverty Line’, while the poverty headcount ratio among SCs & STs together was 35%, Hindu OBCs 21% and other Hindus (general category) 8.7%.

Other reports on Socio-economic conditions in India

• Poverty & inequality: NFHS data: The persistence of inequality across caste categories in India can also be seen in the multidimensional poverty estimates based on the National Family Health Survey (NFHS-4/2015-16).
• Sachar Committee report: The report (2006) had estimated that 31% of Muslims were ‘Below Poverty Line’, while the poverty headcount ratio among SCs & STs together was 35%, Hindu OBCs 21% and other Hindus (general category) 8.7%.

Education: The pattern of caste-based deprivation can be clearly seen in official data on education and employment indicators.

Employment: In terms of employment status (PLFS 2021-22), over 30% of the workforce in the general category had a regular job, while the proportion of regular or salaried workers among OBCs and SCs was around 20% and among STs just over 12%.

Data suggestions

• Continuity in disproportionate poverty & deprivation: The disproportionate concentration of poverty among the STs, SCs, OBCs and Muslims in India have remained stable over time.
• This clearly indicates that discrimination and exclusion based on caste via-a-vis STs, SCs and OBCs as well as religion, particularly with regard to Muslims, have a causal relationship with poverty and deprivation.

Reservation in Public Services and Indra Sawhney Judgment

• The V.P. Singh government implemented 27% OBC reservation for public services in 1990.
• The Supreme Court upheld the government’s decision in the Indra Sawhney & others versus Union of India judgment in 1992.

Arguments in Opposition of the Nation-Wide Caste Based Survey

• Opposition to a nationwide caste census has been based on the ground that the revelation of the exact population shares of OBCs greater than or equal to 52%, would trigger demands for enhancing the 27% reservation quota for OBCs.
• Such demands were already set into motion with the Constitutional (103rd Amendment) Act, 2019, which provided 10% reservation to EWS within the general category in admission to public and private educational institutions as well as civil posts and services.

SOURCE – THE HINDU

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Mera Yuva Bharat

WHY IN NEWS ?

Recently, the Union Cabinet, chaired by the Prime Minister of India has approved the establishment of an autonomous body Mera Yuva Bharat (MY Bharat).

Impact:

The primary objective of Mera Yuva Bharat (MY Bharat) is to make it a whole of Government platform for youth development.  Under the new arrangement, with access to resources & connection to opportunities, youth would become community change agents and nation builders allowing them to act as the Yuva Setu between the Government and the citizens. It seeks to harness the immense youth energy for nation-building.

Details:

Mera Yuva Bharat (MY Bharat), an autonomous body will benefit the youth in the age-group of 15-29 years, in line with the definition of ‘Youth’ in the National Youth Policy.  In case of programme components specifically meant for the adolescents, the beneficiaries will be in the age-group of 10-19 years.

The establishment of Mera Yuva Bharat (MY Bharat) would lead to:

Leadership Development in the Youth:

• Improve the leadership skills through experiential learning by shifting from isolated physical interaction to programmatic skills.
• Investing more in youth to make them social innovators, leaders in the communities.
• Setting the focus of the Government on Youth Led development and to make the Youth “active drivers” of development and not merely “passive recipients”.
• Better alignment between youth aspirations and community needs.
• Enhanced efficiency through Convergence of existing programmes.
• Act as a one stop shop for young people and Ministries.
• Create a centralized youth data base.
• Improved two-way communication to connect youth government initiatives and activities of other stakeholder that engage with youth.
• Ensuring accessibility by creating a phygital ecosystem.

Background:

With a view to engage youth and their empowerment guided by the principles of ‘whole of government approach’, in a rapidly changing world, which has an environment of high velocity communications, social media, new digital opportunities and emergent technologies the Government has decided to establish overarching enabling mechanism in a form of a new Autonomous Body, namely Mera Yuva Bharat (MY Bharat).

Objectives

• The primary objective of Mera Yuva Bharat (MY Bharat) is to make it a whole of Government platform for youth development.
• Under the new arrangement, with access to resources & connection to opportunities, youth would become community change agents and nation builders allowing them to act as the Yuva Setu between the Government and the citizens.
• It seeks to harness the immense youth energy for nation building.
• Mera Yuva Bharat supported by a technology platform would help to increase the Youth outreach efforts of the Department of Youth Affairs.

SOURCE – PIB

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Digital India Act 2023

WHY IN NEWS ?

The recent announcement of the Digital India Act, 2023 (DIA) represents a significant step towards establishing a future-ready legal framework for the country’s burgeoning digital ecosystem.

Key Objectives of Digital India Act 2023

• The DIA aims to establish adaptable rules that can keep pace with the ever-changing technological landscapes, ensuring they remain relevant and effective.
• The act provides an easily accessible adjudicatory mechanism for addressing online civil and criminal offenses, delivering timely remedies and enforcing the rule of law on the internet.
• It sets a legislative framework to ensure compliance with overreaching governing principles.

What is the Need for Digital India Act?

• Despite the existence of regulatory elements like Intermediary Guidelines, Digital Media Ethics Code, and data protection rules, they are insufficient when it comes to governing new-age technologies.
• Need for Legal Adaptation: With technological advancements like AI, Blockchain, and IoT, the legal framework must evolve to address their unique challenges. This includes enhancing cybersecurity measures, data protection, and regulating emerging tech sectors.
• The growth of e-commerce, digital transactions, and online content sharing requires updated regulations. The Digital India Act will tackle issues related to consumer protection, electronic contracts, and content moderation on social media platforms.
• To engage effectively in the global digital landscape, India’s regulations must align with international standards and practices.

What are the Challenges Ahead in the Implementation of DIA, 2023

• The review of the “safe harbor” principle for online platforms could potentially impact freedom of expression. Ensuring that the act doesn’t curb this fundamental right is a delicate task.
• Balancing the interests of various stakeholders, including tech giants and citizens’ rights, poses a significant challenge. Ensuring that all voices are heard and considered in the implementation process is essential.
• The act’s approach to data localization is a point of contention. While localization can enhance data protection and security, it may also disrupt cross-border data flows, impacting global businesses that rely on efficient data transfers.

SOURCE – PIB

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UAPA Act

WHY IN NEWS ?

The Delhi Police has sealed the office of news portal NewsClick, by invoking the UAPA Act, alleging it received money for pro-China propaganda.

What is UAPA?

In order to protect India’s sovereignty and integrity, the Constitution (Sixteenth Amendment) Act, 1963 was passed, giving Parliament the authority to set reasonable restrictions on the-

1. freedom of speech and expression;
2. right to assemble peaceably and without arms; and
3. right to form associations or unions.

Afterward, the Unlawful Activities (Prevention) Act (UAPA), 1967 was created to prevent organizations in India from engaging in unlawful activities.

Background of the UAPA Act

In the middle of the 1960s, the Union government was considering enacting strict legislation prohibiting demands for secession. A peasant rebellion in Naxalbari in March 1967 created a sense of urgency. To deal with it, the President issued the Unlawful Acts (Prevention) Ordinance in June 1966.

Extend of the UAPA of 1967

• The act extends to the whole of India.
• Anyone in our country who violates this Act’s provisions and is found to be responsible is subject to punishment under this Act.
• Any person who commits an offense outside of India that is punishable by this Act would be treated in accordance with its provisions in the same way as if the offense had been committed within India.

2019 Amendment Act:

• It allows the government to label people as terrorists if they commit or participate in terrorist acts, plan terrorist attacks, promote terrorism, or are otherwise involved in terrorism.
• The Act empowers the Director General of National Investigation Agency (NIA) to grant approval of seizure or attachment of property when the case is investigated by the said agency.
• The Act empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism in addition to those conducted by the DSP or ACP or above rank officer in the state.

Declaration of an Association as Unlawful

• As per UAPA, if the Central Government believes that a certain association is or has become an unlawful association, it may proclaim the association to be unlawful by publishing a notice in the Official Gazette.
• Each of these notifications must state the grounds for their issuance.
• No such notification shall take effect until the Tribunal has approved the declaration contained there .

Terrorist Organizations

• The Central Government may, by order, in the Official Gazette:
• add an organization to the Schedule;
• add also an organization to the Schedule, which is identified as a terrorist organization in a resolution adopted by the Security Council to combat international terrorism;
• remove an organization from the Schedule.

SOURCE – India Express

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New Development Projects in MP, Rajasthan and Telangana

Why In News ?

The Prime Minister laid the foundation stone of various projects in Madhya Pradesh, Rajasthan and Telangana .

About the Projects

In MP : various development projects worth around Rs 19,260 crores.

The projects include the dedication of Delhi-Vadodara Expressway  to boost connectivity across the country, Grih Pravesh of over 2.2 lakh houses built under  under PMAY – Gramin and dedication of houses constructed under PMAY – Urban, laying the foundation stone for Jal Jeevan Mission projects, 9 health centers under Ayushman Bharat Health Infrastructure Mission to boost the health infrastructure, dedication of academic building of IIT Indore and laying the foundation stone for hostel and other buildings on campus and a Multi-Modal Logistics Park in Indore.

In Rajasthan: Various development projects worth about Rs 7,000 crore in Chittorgarh, Rajasthan.

The projects include the Mehsana – Bhatinda – Gurdaspur Gas Pipeline, the LPG Plant of HPCL at Abu Road, additional storage at the Ajmer Bottling Plant, IOCL, and the permanent campus of Indian Institute of Information Technology, Kota.

Telangana:  Multiple developmental projects worth more than Rs 13,500 crore in Mahbubnagar, Telangana.

• The Prime Minister laid the foundation stone of key road projects that are part of Nagpur – Vijayawada Economic Corridor.
• The projects include – 108 km long ‘four-lane access controlled Greenfield highway from Warangal to Khammam section of NH-163G’ and 90 km long ‘four-lane access controlled greenfield highway from Khammam to Vijayawada section of NH-163G.
• The Prime Minister dedicated to the nation a road project – ‘four laning of 59 km long Suryapet to Khammam section of NH-365BB’.
• The project is a part of Hyderabad – Visakhapatnam Corridor and is developed under Bharatmala Pariyojana.

Source – PIB

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Intelligent Grievance Monitoring System (IGMS) 2.0

What is the News?

The Union Minister of State for Personnel has launched the Intelligent Grievance Monitoring System (IGMS) 2.0 public grievance portal.

What is Intelligent Grievance Monitoring System (IGMS) 2.0?

• IGMS is an artificial intelligence(AI) driven Grievance Monitoring System.
• It aims to enhance the efficiency of the public grievance redressal process.
• Developed by the Department of Administrative Reforms and Public Grievances (DARPG) in collaboration with IIT Kanpur.
• The system provides real-time analysis of grievances received and resolved, as well as state-wise and district-wise data.It also helps identify the root cause of grievances, allowing for targeted interventions.

Objectives:

• The Dashboard provides instant tabular analysis of Grievances Filed & Disposed, State-wise & District-wise Grievances Filed & Ministry-wise data.
• It will also help the officials identify the root cause of the grievance.
• This portal will help the DARPG with creation of draft letter for selected scheme/ministry and expedite the grievance redressal process by the concerned ministry/department.
• It has been enabled with Artificial intelligence (AI) capacity.

What is CPGRAMS?

• Centralised Public Grievance Redress and Monitoring System (CPGRAMS) is an online platform available to the citizens 24×7 to lodge their grievances to the public authorities on any subject related to service delivery.
• It is a single portal connected to all the Ministries/Departments of Government of India and States.
• Every Ministry and States has role-based access to this system.
• It is also accessible to the citizens through standalone mobile application downloadable through Google Play store and mobile application integrated with UMANG.
• The status of the grievance filed in CPGRAMS can be tracked with the unique registration ID provided at the time of registration of the complainant.

SOURCE – PIB

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Parliament Panel on the New Education Policy

Why in news ?

Recently The Parliament Standing Committee on Education tabled a report during the special session of Parliament on the “Implementation of the National Education Policy (NEP), 2020 in Higher Education.”

About the Report:

• The 31-member panel discussed on the issues such as;
• the rigid separation of disciplines,
• limited access to higher education in socio-economically disadvantaged areas,
• lack of higher education institutes (HEIs) that teach in local languages,
• the limited number of faculty,
• lack of institutional autonomy,
• lesser emphasis on research,
• ineffective regulatory system and
• Low standards of undergraduate education

About National Education Policy (NEP) 2020:

• The National Education Policy, approved by the Union Cabinet in July 2020, outlines the vision of India’s new education system.
• The committee that drafted the NEP 2020 was headed by Shri K Kasturirangan.
• NEP 2020 focuses on five pillars: Affordability, Accessibility, Quality, Equity, and Accountability – to ensure continual learning.
• The new policy replaces the previous National Policy on Education, 1986 and forms a comprehensive framework to transform both elementary and higher education in India by 2040.
• This is the 3rd such education policy since India’s independence.
• The earlier two were launched in 1968 &1986.

MEME System:

• The National Education Policy (NEP) suggests implementing a multiple entry and multiple exit (MEME) system in higher education.
• This system in education is a flexible approach that allows students to enter and exit academic programs at various points, rather than following a linear and fixed path.

What are the Way forwards for implementing the New Education Policy 2023?

• Fulfillment of Goals: By 2030, every district in the country should have at least one multidisciplinary HEI and that the GER in higher education, including vocational education, should be increased to 50% by 2035.
• Research and Innovation: There is steady progress in the field of higher education and specific impetus is required in new education policy 2023 to be assigned to factors like anusandhan (research), that can help the country’s ranking in patent filing.
• Effective Funding: Higher Education Financing Agency (HEFA) needs to diversify its funding sources beyond government allocations and explore partnerships with private sector organizations, philanthropic foundations, and international financial institutions.

Committee made several recommendations, including:

• Funding for SEDGs: The report recommended allocating suitable funds specifically for the education of Socially and Economically Disadvantaged Groups (SEDGs) to address educational disparities. Adequate financial resources are essential to provide equitable opportunities.
• Enrollment Targets for SEDGs: Clear targets for increasing the Gross Enrolment Ratio (GER) of SEDGs in higher education institutions were proposed. This initiative aimed to enhance their representation and ensure equal access to higher education.
• Gender Balance: To promote gender equity and inclusivity, the report suggested measures to enhance gender balance in admissions to higher education institutions. This promotes equal educational opportunities for all genders.

Source – PIB

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Special Session of Parliament

Why in news?

The Union Minister for Parliamentary Affairs, announced that a “special session” of Parliament would be held in September 2023.

Central Idea

• The Union government of India has announced a special session of Parliament to be held in the newly constructed building.
• This session holds particular significance as it marks the first official use of the new parliamentary facility.

Special Session of Parliament: An Overview:

• A special session of Parliament refers to a unique meeting convened outside of the regular parliamentary
• The term “special session” is not explicitly mentioned in the Constitution of India.
• Its convening is carried out as per the provisions of Article 85(1) of the Constitution.

Procedure of calling such Session

Article 85(1) of the Indian Constitution stipulates the procedure for summoning Parliament.

This constitutional provision grants the President the authority to call Parliament into session, including special  sessions, as deemed necessary.

Historical Context of Special Sessions:

Special sessions of Parliament have varied in their focus and format over the years:

[A] Special Sessions with Debates:

2015: A special session commemorated Dr. B.R. Ambedkar’s 125th birth anniversary.

1997: Parliament convened to mark India’s 50th anniversary of independence.

1962: The agenda included a discussion on the India-China war situation.

[B] Midnight Special Sessions (Without Debates):

1972: A session was held to celebrate 25 years of India’s independence.

1992: A special session marked the 50th anniversary of the Quit India Movement.

2017: A session was convened to mark the rollout of the Goods and Services Tax (GST).

Lok Sabha and Rajya Sabha Meeting

• Pre independence- The Central Assembly met for a little more than 60 days a year.
• Post-independence- It increased to 120 days a year in the first 20 years after Independence. Since then, the sitting days of the national legislature have declined.
• Between 2002 and 2021, Lok Sabha averaged 67 working days.
• In 2022, 28 state Assemblies met for 21 days on average.
• Recommendations- Conference of presiding officers has recommended that Parliament should meet for more than 100 days.
• The National Commission to Review the Working of the Constitution set up in 2000 made a similar recommendation.
• Private member bill- Individual MPs have introduced private member Bills that stipulated increased sitting days for Parliament.
• Private member Bill in 2017 suggested that Parliament should meet for 4 sessions in a year, including a special session of 15 days for debating matters of urgent public importance.
• Lok Sabha committee 1955- It recommended that the Parliament would be in session for 8 months every year.
• International practice-The US Congress and parliaments of Canada, Germany, and the UK are in session throughout the year.

What does the Constitution say about Parliamentary sessions?

• The framers of the Constitution borrowed it from the Government of India Act of 1935.
• It allowed the British Governor General to call a session of the central legislature at his discretion, requiring that the gap between two sessions should not be more than 12 months.
• However, the Constitution specifies that 6 months should not elapse between two parliamentary sessions.

Bills listed for consideration and passing:

• The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023.
• The Advocates (Amendment) Bill, 2023.
• The Repealing and Amending Bill, 2022.
• The Post Office Bill, 2023.
• The Press and Registration of Periodicals Bill, 2023

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Women’s Reservation Bill

In News:                                                  

• Recently the Union Cabinet approved the Women’s Reservation Bill, which provides for 33% reservation for women in Parliament and state assemblies.

Background:                                                       

• The 81st Constitution Amendment Bill was introduced in the Lok Sabha in 1996. In this, there was a demand to reserve one-third seats for women in Parliament and state assemblies. The bill was referred to the Joint Parliamentary Committee, but the bill lapsed after the dissolution of the Lok Sabha.
• In 1998, the bill was reintroduced in the 12th Lok Sabha. This time also the bill was canceled after not getting any support.
• In 2008, the Women’s Reservation Bill was reintroduced in the Rajya Sabha and later referred to the Parliamentary Standing Committee, which recommended passing the Bill in its present form without any delay. In 2010, the Rajya Sabha passed this bill with a two-thirds majority.
• However, due to differences within the Cabinet, the Bill could never be introduced in the Lok Sabha and it lapsed with the dissolution of the 15th Lok Sabha.

Why is there a need for women’s reservation in legislatures?

• This issue is becoming popular because the number of women candidates contesting the Lok Sabha elections is continuously increasing, in the second Lok Sabha election (1957) there were only 45 women candidates, which increased to 726 in 2019.
• Voting percentage of women is also continuously increasing. In 1962, while there were 62% male voters, the number of female voters was 46.6%.
• Women outnumbered men in the 2019 Lok Sabha elections with 67.2% voting compared to 67%. Correspondingly, the number of women candidates in Parliament has also increased.

Important facts:

• Out of total 489 members in the first Lok Sabha, there were 22 women MPs.
• The number of women elected in the 2019 Lok Sabha elections is 78, the highest in previous Lok Sabha elections, but it is still only 14.36% of the total members. This is less than half of the 33% seats set aside for women by the Women’s Reservation Bill.
• According to Global Gender Gap 2023, India is ranked 127th among 146 countries in the index.
• In 1988, the National Perspective Plan for Women suggested that reservation be provided to women from Panchayat to Parliament level. Accordingly, the 73rd and 74th constitutional amendments to the Constitution were passed as a result of which state governments had to mandatorily reserve one-third of the seats in Panchayats and urban local bodies for women.

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Entrances of India’s New Parliament 

In News 

The Vice President hoisted the National Flag at Gaja Dwar at India’s new Parliament Building, before its first session.

About New Parliament

It was built as part of the Indian government’s Central Vista Redevelopment Project.

The new Parliament Building has six gates named after animals and creatures.

Out of these six entrances, three are designed as ceremonial entrances, to welcome special guests and to mark special events. They have been named as Gyan, Shakti and Karma, representing the Indian knowledge system, patriotism and artistic traditions, respectively.

Central Idea

Vice-President Jagdeep Dhankhar raised the national flag at the Gaja Dwar (elephant gate) of India’s new

Parliament building just days before its first session.

This event sheds light on the symbolic importance of the Gaja Dwar and the other entrances in the new Parliament.

Gaja Dwar (Elephant Gate)

Wisdom and Wealth: The new Parliament building features six entrances, each representing a distinct role. The Gaja Dwar, adorned with a sculpture of an elephant, guards the northern entrance. The elephant is a symbol of wisdom, wealth, intellect, memory, and embodies the aspirations of elected representatives in the democracy.

Vastu Shastra: According to Vastu shastra, the northern direction is associated with planet Mercury, the source of higher intellect, and is presided over by Kubera, the god of wealth. Hence, the Gaja is placed at the northern entrance.

Cultural Symbolism

Guardian Statues: All six entrances of the New Parliament Building feature red sandstone sculptures of  auspicious animals known as “guardian statues.” These selections were made based on their significance in Indian culture, aesthetic appeal, positive qualities, and Vaastu Shastra principles.

1. Asva (Horse): Positioned at the southern entrance, the vigilant horse symbolizes endurance, strength, power, and speed, reflecting the quality of governance.
2. Garuda (Eagle-like Bird): The Garuda stands at the eastern ceremonial entrance, representing the aspirations of the people and the country’s administrators. In Vastu shastra, the east is associated with the rising sun, symbolizing hope, victory, and success.
3. Makara (Mythological Aquatic Creature): Combining features of different animals, the Makara signifies unity in diversity among the nation’s people.
4. Shardula (Mythological Creature): Regarded as the most powerful among all living beings, the Shardula symbolizes the strength of the country’s people.
5. Hamsa (Swan): Located at the public entrance to the northeast, the Hamsa highlights the essential quality of discernment and self-realization, born of wisdom, in the nation’s people.

Ceremonial Entrances

• Three of these entrances are designed as ceremonial entrances, meant to welcome special guests and mark significant events.
• These entrances showcase Indian art, culture, ethos, and patriotism.
• They are named Gyan, Shakti, and Karma, representing the Indian knowledge system, patriotism, and artistic traditions, respectively

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Criminal Case Analysis 2023 Report on MPs

Recently the Association for Democratic Reforms (ADR) has released the report “Analysis of Current MPs of Lok Sabha and Rajya Sabha of India 2023”.

Key points of report:

• Criminal cases against sitting MPs: Of the 763 MPs analysed, 40 per cent have declared criminal cases registered against them.
• 25% of the MPs have accepted that serious criminal cases have been registered against them. Such cases include murder, kidnapping, crimes against women etc.
• The highest numbers of MPs with criminal cases are from Kerala. After this are Bihar and Maharashtra.
• According to the report, the average wealth of sitting MPs with criminal cases is higher than that of MPs with non-criminal backgrounds.
• Criminalization of politics (CoP) refers to the entry of criminals, law violators and corrupt persons into the political system of the country.

Following are the reasons for ‘Criminalization of Politics’:

• Growing nexus between political parties and criminals,
• Culture of vote buying and freebies to woo voters,
• Candidates with criminal background have higher chances of winning etc.

Effects of ‘Criminalization of Politics’:

• The quality of governance declines,
• It becomes difficult to conduct free and fair elections;
• Integrity of public servants gets affected etc.

Legal Aspects of Disqualification of Criminal Candidates:

• There is no provision in the Indian Constitution regarding disqualification of any person with criminal tendencies from contesting elections for Parliament or Legislative Assemblies.
• The Representation of the People Act, 1951 mentions the criteria for disqualifying a person from contesting legislative elections.
• Section 8 of the Act does not prevent convicted politicians from contesting elections who are merely on trial and have not yet been proven guilty. It does not matter how serious the allegations against him are.
• There is a provision under Section 8(1) and 8(2) of this Act that if any legislative member (MP or MLA) is involved in crimes like murder, rape, involvement in terrorist activities, then he will be considered ineligible under this section and will be disqualified for a period of 6 years.

‘Major decisions of the Supreme Court to curb criminalization of politics:

• Public Interest Foundation v. Union of India (2018) Case: All candidates must declare their criminal records to the Election Commission of India (ECI) before contesting elections.
• Lily Thomas vs Union of India (2013) Case: If an MP or MLA is sentenced to a minimum of 2 years’ imprisonment for a crime, then in such a situation his membership of the House will be terminated with immediate effect.

Source – The Hindu

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108 migrants from Pakistan awarded citizenship

Recently, 108 migrants from Pakistan have been granted citizenship in Gujarat.

In the year 2021, the Ministry of Home Affairs gave an order in which the Collectors of some districts of the states of Gujarat, Chhattisgarh, Rajasthan, Haryana and Punjab were given powers to perform the following tasks:

Under Section 5 and 6 of the Citizenship Act, 1955 respectively:

• To provide certificate of registration and naturalization of citizen of India to any person belonging to minority community coming from Afghanistan, Bangladesh and Pakistan.
• Any foreign citizen, except illegal immigrants, can acquire Indian citizenship by naturalization.

But they fulfills the following conditions –

• They has been ordinarily resident in India for 12 years;
• Must have resided in India during the 12 month period immediately preceding the date of application, and must have resided in India for a total of 11 years in the 14 years preceding these 12 months.
• Other entitlements specified in the Third Schedule to the Citizenship Act, 1955.
• Indian citizenship can be acquired by birth, descent, registration and naturalization.

Citizenship in the Constitution:

• Part II of the Constitution, Articles 5-11, deals with citizenship. However, there is neither any permanent nor any detailed provision in this regard. Articles 5, 6, 7 and 8 provide detailed provisions as to who will be a citizen of India after the coming into force of the Constitution.
• Article 11 empowers the Parliament to make any provision regarding acquisition and termination of citizenship. It recognizes only those persons who became citizens of India at its inception (i.e. on January 26, 1950).
• It is not related to the problem of obtaining or terminating citizenship after its commencement. It empowers the Parliament to make laws for such matters and any other matter related to citizenship. Accordingly, Parliament has enacted the Citizenship Act (1955), which has been amended from time to time.

How is citizenship defined?

• Citizenship refers to the relationship between the individual and the state.
• Like any other modern state, India too has two types of people – citizens and foreigners. Citizens are full members of the Indian state and owe allegiance to it. They have all civil and political rights.
• ‘Citizenship’ is an idea of exclusion because it excludes non-citizens.

There are two well-known principles of granting citizenship:

• While ‘jus soli’ grants citizenship on the basis of place of birth, ‘jus sanguinis’ recognizes blood relations.
• Since the time of Motilal Nehru Committee (year 1928), the Indian leadership was in favor of the enlightened concept of ‘jus soli’.
• The racial idea of ‘jus sanguinis’ was also rejected by the Constituent Assembly as it was against the Indian ethos.

Source – News on AIR

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No immunity to corrupt public servants in pre-2014 cases: Supreme Court

Recently, a constitutional bench of the Supreme Court said on September 11, 2023 that its judgment given in Dr. Subramanian Swamy case in 2014 will be applicable with retrospective effect (even in pre-2014 cases). That means its decision will also apply to corruption cases before 2014.

Background:

• It may be noted that in the year 2014, the Constitution Bench had declared the provision of Section 6A of the Delhi Special Police Establishment Act (DSPE) invalid.
• Under this, the Central Bureau of Investigation (CBI) was required to obtain approval from the Central Government before investigating corruption cases against officers of the rank of Joint Secretary and above. This also exempted such officers from facing preliminary inquiry.
• In the Subramanian Swamy vs. Union of India case (2014), the Supreme Court had declared this provision unconstitutional. The top court believed that this provision violates the ‘right to equality’ of Article 14.
• Now the Supreme Court said that the decision invalidating Section 6A of the Delhi Special Police Establishment (DSPE) Act will come into force from the day this provision was added (September 11, 2003).
• Section 6A violates fundamental rights, and once a law is declared unconstitutional as violating Part-III (Fundamental Rights) of the Constitution, such law will be void ab initio.
• The new order of the Supreme Court means that senior government officials involved in corruption cases even before the date of the Supreme Court judgment invalidating the requirement of prior clearance will no longer be able to avail of the exemption from the above provision.

Key points of the Supreme Court’s decision:

• Declaring Section 6A of the DSPE Act as unconstitutional does not affect Article 20(1). This is because Article 20(1) does not prohibit the retrospective application of procedural changes in criminal prosecution.
• According to Article 20(1) no person shall be convicted of any offense unless at the time of the commission of such act he is alleged to have contravened any law in force.

DPSE Act 1946

• It has been implemented to investigate cases of bribery and corruption against central government employees.
• CBI gets the power to investigate any case from this Act.

Source – The Hindu

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Amitava Roy Committee (Prison Reforms)

Recently, the ‘Justice Amitav Roy Committee’ constituted on jail reforms has submitted its report to the government. The Supreme Court has asked the Center and the states to share their views on the committee’s report.

The report said that women prisoners in India face difficult conditions. The report emphasizes the need for significant improvements in treatment and facilities for women in Indian prisons, and draws attention to the gender-specific challenges they face.

Key observations of the Committee:

• The correctional justice system “clearly does not give separate attention to the reform or rehabilitation of women prisoners.”
• Only 18% of women prisoners have been provided with women-specific prison facilities. It is noteworthy that between 2014 and 2019, the population of female prisoners has increased by more than 11%.
• All categories of women prisoners (undertrials and convicted) are housed in the same ward.
• Female prisoners face more significant challenges than males in accessing basic amenities such as medical care, legal aid, paid labor, and recreational activities.
• Only prisons in Goa, Delhi and Puducherry allow female prisoners to meet their children without any bars or glass separation.
• Less than 40% of prisons in India provide sanitary napkins for female prisoners. About 75% of female wards in jails have to share kitchens and common facilities with male wards.
• Lack of gender-specific training on how to search female prisoners.
• Only in 10 states and 1 union territory can women prisoners file complaints of ill-treatment or harassment against prison staff.
• Lack of separate medical and psychiatric wards for female prisoners. Inadequate “Basic Minimum Facilities” for child delivery in prisons.
• Lack of health care professionals to meet the gender-specific health needs of female prisoners.

Recommendations by the committee:

• Telemedicine consultation facility should be made available,
• Vocational training should be given,
• Jail staff should be provided training to be sensitive towards women prisoners,
• Facilities for counseling etc. should be provided to women prisoners suffering from psychosomatic disorders or sexual abuse.

Source – Indian Express

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Controversy over the word ‘India’

Recently there is talk of changing the name of the country from ‘India’ to Bharat.

The two names are used interchangeably in Article 1 of the Constitution, “India, that is, Bharat, shall be a Union of States”.

Historical perspective:

• The roots of Bharat, Bharat, or Bharatavarsha are found in mythological literature and the epic Mahabharata.
• The Vishnu Purana describes India as a land “between the ocean in the south and the abode of snow in the north”. According to some experts, it is also said that the name of our country ‘Bharat’ is named after ‘Bharat’, a king of the Rig Vedic tribe.
• In Rig Veda, the land of India has been called ‘Bharatam Janam’ and its residents have been called ‘Bharatputra’. Social scientist Catherine Clementine-Ojha has interpreted India as a religious and socio-cultural entity rather than a political or geographical entity.
• ‘India’ refers to “the continental and subcontinental region where the Brahmanical system of society prevails”.
• It is found in the Hathigumpha inscription of Kharavela that “he had sent an expedition to conquer India.”
• British India: From the second half of the 18th century, the name ‘India’ became increasingly used on British maps and the name ‘Hindustan’ began to disappear from all of South Asia.
• Making of the Constitution: Nehru has mentioned the words India, Bharat and Hindustan in his famous book ‘Discovery of India’. But when the question of naming India in the Constitution arose, ‘Hindustan’ was dropped, and both ‘Bharat’ and ‘India’ were retained.
• Constituent Assembly: On September 17, 1949, the meeting of the Constituent Assembly was taken up to discuss the “Name and Territory of the Union”. Right from the time the first article read as “India, that is, Bharat, shall be a Union of States”. Disagreements arose among the members.
• Many members of the Constituent Assembly spoke out against the use of ‘India’, seeing the term as a reminder of the colonial past. Hari Vishnu Kamath suggested what the first article should be, “India or India in the English language”.
• Historians and Linguists: Historians and linguists have deeply studied the name of this country, especially the origin of its name, India. They all are not unanimous about the origin of the name India. Some suggested “Bharat” or “Bharatvarsha” or “Bharatbhoomi” as possible names which are derived from scriptures.

Supreme Court opinion:

• In 2020, the Supreme Court had rejected a PIL seeking to remove “India” from the Constitution and retain only India to “ensure that the citizens of this country are freed from the colonial past”. The top court said, “India is already called India in the Constitution.”
• The Chief Justice of India upheld the individual’s right to choose either of the two names.

Way forward:

• The government may decide to make ‘Bharat’ the official name of the country.
• However, the government will have to introduce a bill in Parliament to amend Article 1 of the Constitution.
• Although there is no constitutional objection in calling India as ‘Bharat’, it is futile to completely get rid of ‘India’, which has immense brand value.

Source – Indian Express

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The Registration of Births and Deaths (Amendment) Bill, 2023

Recently, Lok Sabha has approved the Registration of Births (Amendment) Bill, 2023, which marks a significant change towards ‘Digital Birth Certificate’. The Registration of Births and Deaths (Amendment) Bill, 2023 seeks to amend the Registration of Births and Deaths (RBD) Act, 1969.

It may be noted that the Births and Deaths Registration Act, 1969 provides for regulation and registration of births and deaths. Registration of births and deaths comes under the Concurrent List, which gives both Parliament and state legislatures the power to make laws on the subject.

The amendments in the Bill have the following objectives:

To keep pace with social change and technological progress during the period of its operation, and to make it more citizen friendly.

Highlights of this Bill:

• Its objective is to prepare a national and state level database of registration of births and deaths. This will help in updating other databases. As a result, efficient and transparent delivery of public services and social benefits will be possible.
• A provision for the appointment of the Registrar General of India (RGI) has also been made in this bill. RGI may issue general instructions for registration of births and deaths.
• Under this, electronic certificates will now be issued for birth or death.
• Some individuals are required to provide birth and death information to the RGI. For this, Aadhaar details of parents and informants are necessary.
• The person giving information can be a medical officer in charge of a hospital, a hotel manager, a jailer etc.
• It has been made mandatory for all medical institutions to provide a certificate of cause of death to the Registrar and a copy of the same to the next of kin.
• Any person disagreeing with any action or order taken by the Registrar or the District Registrar may appeal to the District Registrar or the Chief Registrar respectively.

Source – The Hindu

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Government of NCT Delhi (Amendment) Act, 2023

Recently the Government of National Capital Territory of Delhi (Amendment) Bill, 2023 has been introduced in the Lok Sabha.

The purpose of this bill is to replace the National Capital Territory of Delhi (Amendment) Ordinance, 2023.

Background of the case:

• A legal battle has been going on since 2015 between the Delhi government and the Lieutenant Governor over control over “services” in Delhi.
• The Supreme Court gave a divided verdict in 2019 and recently (May 2023) a five-judge Constitution bench gave more powers to the Delhi government on the services.
• It was ordered that except matters related to public order, police and land, other administrative services would be controlled by the Delhi government.
• To counter this, the central government passed the National Capital Territory of Delhi (Amendment) Ordinance, 2023.
• The ordinance took “services” out of the purview of the Delhi Legislature and gave more powers to the LG. It will now be replaced by the Government of National Capital Territory of Delhi (Amendment) Bill, 2023.

Key provisions of the bill:

The Bill provides for the establishment of the National Capital Civil Services Authority (NCCSA). This authority will make recommendations to the LG on matters related to services.

This authority will include the following:

• Chief Minister of Delhi as Chairman,
• Principal Home Secretary to the Government of Delhi, and
• Chief Secretary of Delhi Government.

Provides the following discretionary powers to LG:

• Matters beyond the legislative authority of the Delhi Legislative Assembly or
• Cases where the LG is required to perform any judicial or quasi-judicial function.

Management of Union Territories

Administration of Union Territories Union territories (UTs) in India are administered by an administrator appointed by the President.

Provisions of Delhi Union Territory:

• Special provisions have been made for some Union Territories like Puducherry, Delhi and Jammu and Kashmir (not yet formed), which have a Legislative Assembly and a Council of Ministers headed by a Chief Minister.
• The Legislative Assembly of these Union Territories has the power to make laws with respect to the matters listed in List II or List III in the Seventh Schedule to the Constitution, so far as these matters apply in relation to the Union Territory.
• However, certain entries in List II, such as public order, police and land, are not within the legislative competence of the Legislative Assembly of Delhi.

Source – Indian Express

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Supreme Court Allows Rape Survivor To Terminate 27-Week Pregnancy

Recently the Supreme Court has allowed the rape victim to terminate her pregnancy beyond 27 weeks.

The Medical Termination of Pregnancy (MTP) (Amendment) Act, 2021 allows rape victims to terminate their pregnancy up to 24 weeks.

Key provisions of the MTP Act, 2021:

• Any abortion performed in violation of the provisions of the MTP Act is an offense punishable under sections 312 and 313 of the Indian Penal Code (IPC).
• If the duration of pregnancy is up to 20 weeks, then all women are allowed on the advice of a doctor.
• If the duration of pregnancy is 20-24 weeks, then termination of pregnancy is allowed only in the following two circumstances on the advice of at least two doctors-

1. Risk of serious illness to the child or
2. Threat to the life or mental health of the woman.

• It may be noted that this facility is available for rape victims and women suffering from adultery by family members and other vulnerable women such as disabled, minors etc.
• Also, all married or unmarried women have been included under this.
• If the duration of pregnancy is more than 24 weeks, then termination of pregnancy is permitted only in case of abnormal condition of the fetus on the advice of a medical board.
• It has been made mandatory for all the States/Union Territories to constitute a Medical Board. This would include gynaecologists, paediatricians etc.

Source – Business Standard

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Georgia’s RICO Law

Recently the former President of the United States of America Donald Trump has been charged under the “Georgia RICO” (Racketeer Influenced and Corrupt Organizations- RICO) Act.

Georgia’s RICO Act is an anti-mafia law similar to India’s MCOCA.

Trump charged under RICO

Trump has been charged with 40 crimes, including forgery, making false statements and conspiracy. A conviction for racketeering in Georgia carries a sentence of 20 years in prison.

RICO Law –

• The Georgia RICO Act is an anti-racketeering law based on the US federal RICO Act of 1970.
• Both federal and state laws were created to target organized crime, the mafia, and criminal syndicates.
• Now this law has extended beyond the mafia. From embezzlement to corruption, it has started being used in many illegal activities.

Maharashtra Control of Organized Crime Act (MCOCA)

• Its full name is Maharashtra Control of Organized Crime Act, 1999.
• MCOCA accused do not get bail easily. Imposing MCOCA on a criminal is also not easy.
• To impose MCOCA on a criminal, approval has to be obtained from an ACP (Assistant Commissioner of Police) or an officer of the same rank.
• MCOCA will be invoked only if the person has been involved in at least 2 organized crimes in the last 10 years and at least 2 people are involved in that crime. The trial of this case goes on in a special court called MCOCA.

MACOCA Act के उद्देश्य:

Objectives of the MACOCA Act:

• Its purpose was to eliminate organized crime.
• Organized crime – activities such as underworld related crimes, forgery, extortion, attempted murder, money laundering, etc.

Source – Indian Express   

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SuSwagatam portal for e-passes to enter Supreme Court

Recently Chief Justice of India (CJI) Justice Dr. Dhananjay Yashwant Chandrachud announced the launch of ‘SuSwagatam’ portal.

It is an online platform that provides the facility of issuing e-passes for entry into the apex court.

About Portal:

• ‘SuSwagatam’ is a user-friendly web application, which enables advocates, visitors and trainees to register online and request e-passes for various purposes including attending court hearings and holding meetings with advocates.
• The ‘Suswagatam’ portal was launched as a pilot project from July 25, 2023.
• More than 10,000 e-passes have been issued through the portal on a pilot basis till 9th August.
• The ‘Su’ in the welcome stands for the Supreme Court.
• Users can choose from different validity periods like daily, weekly, monthly or quarterly depending on their requirements and police clearance certificates.

SUPREME COURT OF INDIA

• The Constitution of India provides for the establishment of the Supreme Court in India (Article 124).
• The Supreme Court of India came into existence on 28 January 1950.
• The Supreme Court of India formerly known as the Federal Court of India was established in 1937 under the Government of India Act 1935.

Source – The Hindu

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The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023

Recently, the “Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Tenure) Bill, 2023” has been introduced in the Rajya Sabha by the Union Law Minister.

The Election Commission is a three-member body, consisting of a Chief Election Commissioner (CEC) and 2 other Election Commissioners (EC).

It may be noted that in March 2023, the Supreme Court ruled that the appointment of the Chief Election Commissioner, and other election commissioners, would be made by a selection panel consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India.

The Supreme Court’s order underlined that its guidelines would remain in force until Parliament enacted a law in accordance with Article 324(2) of the Constitution.

It may be noted that till this decision of the Supreme Court, the Chief Election Commissioner and other Election Commissioners were appointed by the President after the recommendations of the government.

Provisions in the new bill:

• Selection Committee: A selection committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister will appoint the CEC and other ECs. When the Leader of the Opposition in the Lok Sabha is not recognized by the Lok Sabha, the leader of the largest opposition party shall be deemed to be the Leader of the Opposition in the Lok Sabha.
• Search Committee: A Search Committee headed by the Cabinet Secretary will prepare a panel of five persons who may be considered for appointment by the Selection Committee. The Search Committee shall consist of two other members not below the rank of Secretary to the Government having knowledge and experience in matters relating to elections.
• At present, the Law Minister sends some names to the Prime Minister. The President then appoints the CEC and other ECs on the advice of the Prime Minister.
• Eligibility: Persons holding or holding posts equivalent to the rank of Secretary to the Central Government shall be eligible for appointment to the post of CEC and other ECs.
• Pay and Allowances: The pay, allowances and other service conditions of the CEC and other ECs will be the same as those of the Cabinet Secretary. Earlier, as per the 1991 Act, his salary was equal to that of a Supreme Court judge.

Source – PRS India

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Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023

The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023 has been introduced in Lok Sabha on July 26, 2023.

The Bill amends the Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989, so as to create separate lists for Scheduled Tribes in the Union Territories of Jammu and Kashmir and Ladakh.

Inclusion of certain communities in the list of Jammu and Kashmir: The Bill adds four communities to the list of Scheduled Tribes in Jammu and Kashmir. These are Gadda Brahmin, Koli, Padari tribe and Pahari ethnic groups.

Present situation:

• The major Scheduled Tribe communities in Jammu and Kashmir are Gujjars and Bakarwals, who live mainly in the districts of Rajouri, Poonch, Reasi, Kishtwar, Anantnag, Bandipora, Ganderbal and Kupwara.
• Most of them, especially the Bakerwals, are nomadic – they move to higher places with their livestock in the summer, and return before the onset of winter.
• They were given ST status in 1991 along with two smaller groups of Gaddis and Sippis. They are the third largest group in Jammu and Kashmir after Kashmiris and Dogras.
• It has provided these four communities with the right of 10% reservation in government jobs and admission in educational institutions. Also in 2019, they were given 10% quota in Lok Sabha and Vidhansabha seats in Jammu and Kashmir.

Procedure for inclusion in Scheduled Tribe list:

• The concerned state government recommends tribes for inclusion in the ST list to the ‘Ministry of Tribal Affairs’, which reviews and sends them to the Registrar General of India for approval.
• The approval of the ‘National Commission for Scheduled Tribes’ (NCST) is taken before the list is sent to the cabinet for a final decision.
• The final decision depends on the President issuing a notification specifying the changes under his powers under Article 342.

Article – 342:

• The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory.
• The inclusion of any community in the Scheduled Tribes becomes effective only when the President gives his assent to the Bill amending the Constitution (Scheduled Tribes) Order, 1950, then the Bill has to be passed by both the Lok Sabha and the Rajya Sabha.

National Commission for Scheduled Tribes (NCST)

The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 of the Constitution of India and by inserting a new Article 338A in the Constitution by the Constitution (89th Amendment) Act, 2003, hence it is a constitutional body.

Source – Indian Express

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