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Polity II PDF
Polity II PDF
Polity-II
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Notes
Contents
CAG
Collegium System
Compulsory Voting
Statehood to Delhi
The Commercial Division and Commercial Appellate Division of High Courts and
Commercial Bill, 2015
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Notes
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2.
Why?
3.
4.
5.
6.
a.
b.
c.
And this helps to target beneficiaries effectively (avoids inclusionexclusion errors due to use of biometrics) and reduces the leakages.
Notes
b.
c.
d.
Aadhar will not be used by authroities for purpose other than PDS
& LPG distribution system
b.
c.
b.
c.
d.
Way forward
a.
b.
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ii.
CAG
Accountability of CAG
1.
2.
Arguments sighted
3.
a.
b.
c.
Arguments against
a.
b.
c.
d.
e.
ii.
4.
iv.
v.
Conclusion
Instead of more accountability, empower it by
a.
b.
2.
Its importance can be seen by the fact that its removal procedure is
identical to SC judge.
3.
Why is it important?
a.
Notes
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4.
5.
b.
c.
Has recently exposed various scams like 2G, CWG (Common Wealth
Game), fodder scam.
d.
e.
Notes
Criticism Structure
a.
b.
c.
Criticism functioning
a.
b.
c.
Many new govt. structures out of its domain PSUs when govt
share below 50%, PPP, NGOs.
d.
Cannot enforce the findings e.g. cannot take disciplinary action against
erring officials, cannot make them pay for losses caused to state by
them.
e.
Before 2015, two schemes existed for PIOs PIO card scheme (since
2002) and OCI card scheme (since 2005).
2.
3.
OCI cardholder
PIO cardholder
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4.
5.
Now the PIOs were demanding the merger of PIO card scheme with OCI
card scheme as
a.
b.
PIO and OCI cards were merged and now only one OCI Card is in
existence.PIO category is now closed to all new applicants and all
existing PIO Card holders will be deemed to be Overseas Citizens of
India (OCI) Card holders automatically.
b.
c.
i.
ii.
Collegium System
1.
2.
Timeline
a.
b.
But it was criticized for various reasons (see below arguments against
collegium system). Due to this parliament in 2014 enacted NJAC act
and 99th constitution amendment act, 2014 to replace collegium system
with National Judicial Appointments Commission in which politicians
and civil society had a final say in the appointent of judges to the
highest court.
c.
b.
c.
Notes
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3.
4.
i.
ii.
Notes
b.
c.
d.
e.
f.
g.
h.
Conclusion
a.
b.
b.
c.
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d.
2.
3.
4.
b.
Lack of trust among political parties, police and ration shops which
are percived as corrupt.
c.
Red Tapism.
d.
e.
f.
b.
c.
d.
USA, the present world leader in almost all the aspects is a democracy.
e.
Democracy
1.
Meaning
a.
b.
c.
In Indian context.
i.
Notes
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ii.
Economic democracy.
Notes
Types
a.
1.
Referendum
2.
Plebiscite
3.
Recall
4.
Initiative
5.
Gram Sabha
Specific to India
b.
Indirect
i.
ii.
2.
Presidential democracy.
Features of democracy
a.
Concept of citizenship
i.
I.E. Member of the state are not subjects rather citizens. And
as citizen they.
ii.
b.
1.
2.
3.
Representative Government
i.
ii.
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c.
4.
5.
Accountability
i.
ii.
b.
c.
d.
Education and middle class who are active, can articulate interest.
e.
Evaluation in India
a.
b.
Achievements
i.
ii.
c.
iv.
v.
Challenges
i.
Political challenges
1.
Problems in 3 pillars
a.
2.
ii.
Conclusion by guha
i.
10
Notes
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ii.
1.
2.
Notes
6.
1.
2.
b.
Stop hero worship : Never lay your liberties at the feet of even
Great Men.
c.
Political democracy cannot last unless there lies at its base social
democracy.
Civil wrong (under it, person can be sued for monetary compensation)
and.
b.
Criminal offence Sections 499 and 500 in the IPC, 1860 (it invites
imprisonment up to two years).
2.
3.
b.
c.
d.
e.
Need to protect the right to live with dignity of citizens under Article
21.
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4.
f.
g.
h.
b.
Intimidates citizens,
ii.
5.
c.
d.
e.
Concluding Remark
a.
Even as the court deliberates the matter, govt. should reconsider its
stand and come out against the criminal defamation law.
Minimum
Government
Governance
and
Maximum
1.
Since coming to power, NDA government has been talking about minimum
government and maximum governance on the belief that good governance
doesnt require large interfering govt, rather a small/appropriate sized
facilitator govt.
2.
Structurally it involves
3.
12
a.
b.
Notes
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4.
5.
a.
b.
c.
d.
Checking monopolies.
e.
Plug information gaps and ensure that people can make informed
choices.
Notes
b.
c.
d.
In Aug 2015 Lok Sabha passed the Repealing and Amending (Fourth)
Bill, 2015 which scrapped 295 obsolete acts which led to Inspector
Raj.
Downsizing
i.
ii.
iii. Labor reforms are facing hurdle by trade unions who against
increasing contractualisation of labor.
b.
c.
ii.
Compulsory Voting
1.
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a.
b.
Voters have been given the option of NOTA and online voting (in
case they can not come to polling booth).
c.
2.
3.
Arguments in favor:
a.
b.
c.
People who know they will have to vote will take politics more
seriously.
d.
e.
f.
4.
Arguments against:
a.
b.
c.
Implementing the law could lead to huge no. of cases (in 2009 Lok
Sabha polls, as many as 30 crore voters did not vote.If we fine them
with even Re.1, we will have to file 30 crore cases).
d.
e.
f.
i.
ii.
ii.
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1.
2.
Notes
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iv.
v.
Notes
2.
First school of thought regards PM as just the 1st among the equals.
3.
Other school of though says that that PM is not merely 1st among the
equals. PM is the head of COM as under Article-75, Council of Ministers
are appointed by President on advice of PM, PM can ask a minister to
resign, he/she allocates portfolios to ministers and death or resignation of
PM brings the collapse of the cabinet.
4.
But the most acceptable view is that it all depends on various factors like
his/her personality, popularity among the masses and whether his/her
party has majority or is head of the coalition government.
5.
6.
Hero worship
i.
ii.
b.
Led the party to clear majority; due to clear majority has full control
over the cabinet.
c.
Now it has its benefits like speedy decisions, lack of policy paralysis and
way better than the 2 head of govt in previous regime but as Ambedkar
warned us to stop hero worship. It should be ensured that it doesnt
become a dicatatorial form of government.
2.
What is it?
a.
b.
c.
Status of PMO
a.
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b.
But overall it has grown in size and status; it is more in PMs Modi
era.
c.
ii.
Reasons
i.
ii.
Ideal situation
i.
ii.
b.
c.
In early 2015 some leaders of shiv sena and BJP mooted the idea of
debating and deleting the words secular and socialism (added by 42nd
amendment) on the ground that
a.
b.
These two words were added during the period of the Emergency.
c.
2.
3.
16
Notes
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DPSP and FRs like Article - 13, 14, 15, 16) and secular content (in
Right to equality (Article 14, 15, 16) and Right to freedom of
religion (Article 25 to 28)).
b.
c.
Even the Morarji Desai-led Janata Party government did not think
it necessary to delist these two words when they enacted the 44th
Amendment to nullify the objectionable features introduced in the
42nd Amendment Act.
d.
e.
Notes
Socialist
1.
The term socialism was added by the 42nd amendment act of 1976. But
even before that the constitution had a socialist content in the form of
DPSP and FRs like Articel 13, 14, 15, 16.
2.
3.
a.
b.
b.
Secular
1.
The term secular was added by the 42nd amendment act of 1976. But
even before that the constitution had a secular content in the form of
fundamental rights Right to equality (Article 14, 15, 16) and Right to
freedom of religion (Article 25 to 28).
2.
3.
a.
b.
b.
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i.
ii.
2.
Evidence
a.
b.
c.
2.
3.
4.
Ghar wapsi
Statehood to Delhi
1.
b.
c.
Articel -239 A (a) 239 A (b) were added to provide for a LA and
COM for Delhi.
d.
Public order
ii.
Police
iii. Land
2.
3.
Arguments in favor
18
a.
b.
Two governments governing it leads to conflict, confusion and blamegame (Dengue in Delhi).
c.
Notes
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4.
5.
d.
e.
f.
g.
Notes
Arguments against
a.
b.
c.
d.
b.
ii.
A democracy operates on the basis that there is room for choice all the
way up to the selection of the government. This implies that the legislature,
which makes the laws for the country, must itself provide an opportunity
for various views to be heard throughout the term. These views should
encompass not only those on the government benches but also those who
are opposed to the policies underlying the ways of operation.
2.
Thus in the Parliament there is a provision for the Leaders of the Opposition
both in the Rajya Sabha and the Lok Sabha.
3.
4.
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5.
The Leader of the Opposition occupies a seat in the front row left to the
Chair. He/she also enjoys certain privileges on ceremonial occasions like
escorting the Speaker-elect to the rostrum and a seat in the front row at
the time of the Address by the President to members of both the Houses
of Parliament.
6.
In the last Lok Sabha election in India conducted in May 2014, neither
of the opposition parties could gain a minimum of 10% seats as prescribed
by the Rules of Procedure and Conduct of Business in Lok Sabha to get
the recognition of the main opposition party. Resultant, the 16th Lok
Sabha remained without Leader of Opposition.
7.
8.
Amendments Proposed
Corruption Act
in
Prevention
of
1.
In the pre-independence period, the Indian Penal Code (IPC) was the main
tool to combat corruption in public life. At that time the need for a special
law to deal with corruption was not felt.
2.
However the Second World War created shortages which gave opportunity
to unscrupulous elements to exploit the situation leading to large scale
corruption in public life. This situation continued even after the war. The
lawmakers concerned about this menace, felt that drastic legislative measures
need to be taken. Hence the Prevention of Corruption Act, 1947 was
enacted to fight the evils of bribery and corruption.
3.
Corruption in the private sector was not under the purview of the
Prevention of Corruption Act. If the private sector (or any person engaged
by them) was involved in bribing any public authority then he/she is liable
to be punished for the offence of abetment of bribery under the Prevention
of Corruption Act. A large number of public services, which were
traditionally done by government agencies, are being entrusted to nongovernment agencies. In such cases, persons engaged by the private agency
replace the role of erstwhile public servants.
4.
Hence the government has amended the Act to bring in private sector in
the corruption Act.
5.
6.
The proposed amendments are mainly aimed at laying down more stringent
measures to tackle corruption as follows:
a)
20
Notes
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b)
c)
d)
e)
f)
The average trial period of cases under PC Act in the last 4 years has
been above 8 years. It is proposed to ensure speedy trial by providing
a trial completion within 2 years.
g)
h)
i)
7.
8.
b.
c.
Notes
21
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22
The actual wording of the proposed legislation has not yet been
made public. However, the press note issued by the government is
silent on the question of amending or deleting Section 13(1)(d)(iii)
of the Prevention of Corruption Act, 1988, on causing wilful loss to
the public. There has been much speculation that this clause may
actually be dropped indeed the amendment bill of 2013 envisaged
its removal on the arguably specious grounds that it leads to
harassment and vexatious investigation. Those who have followed
the history of the parliamentary and legal debate on this issue would
recall that the 69th standing committee of the Rajya Sabha, in its
report of February 2014, had strongly argued against its deletion.
The recent Law Commission report on the subject has also endorsed
this view. It needs to be verified whether the section is actually up
for deletion. If it has been proposed, it is highly unfortunate. First,
civil servants will now, under the new proposed dispensation, get
suitable cover through the provision on prior sanction for the
investigation process. Besides, there is no other provision to tackle
wilful damage to public financial interest, particularly when any
consideration, bilateral or multilateral, could be difficult to detect or
ascertain prima facie. For the lay reader, it may suffice to point out
that the deletion of this clause would severely damage the prosecution
in many scam-related cases, especially the 2G cases and Coalgate
indeed, the charge against former Prime Minister Manmohan Singh
flows from this section. In case this clause has been dropped, it could
not be inadvertent.
b.
No one need be under the illusion that the war against corruption has
been fully joined the cabinet decision is only a proposal for
legislation. Given the fate of so many other well-meaning bills and
ordinances in Parliament, where the debate is mostly not on merit
but on purely political considerations, it remains to be seen if the
amendments are finally passed.
c.
Notes
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3.
d.
e.
Notes
Meanwhile, let us celebrate the first bugle sounding the charge last week
in Delhi. One has to be an optimist; let this new seed sprout, and let its
impact reach every part of the country.
In april 2015, Supreme Court has held that a public servant cannot by
default claim legal protection of prior sanction against prosecution under
Section 197 of the Criminal Procedure Code (Cr.PC).
a.
b.
SC said that this protection under Section 197 of CrPC was only
available to a public servant for the honest discharge of his duty.
Prosecution for corruption should be exemplary and without delay,
the apex court observed.
c.
2.
3.
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b)
Due to the perception that the Indian judicial system had collapsed
due to inordinate delays. Pending commercial cases in five high courts
of Delhi, Bombay, Calcutta, Madras and Himachal Pradesh stood at
16884, which was 51.7 percent of all civil cases pending in these
courts.
c)
Due to the need to ensure the fast disposal of high value commercial
disputes to provide assurance to domestic and foreign investors.
d)
e)
3.
The Union has introduced a bill namely, The Commercial Division and
Commercial Appellate Division of High Courts and Commercial Courts
Bill, 2015" to enable the creation of commercial divisions in high courts,
and commercial courts at the district level.
4.
24
a)
b)
c)
d)
Notes
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f)
g)
5.
6.
7.
a)
b)
c)
d)
Notes
25
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India has undergone a paradigm shift over the past six decades - politically,
economically, socially, technologically as well as demographically.
2.
3.
4.
The NITI Aayog will aim to accomplish the following objectives and
opportunities:
5.
26
a)
b)
c)
d)
e)
f)
g)
h)
b)
c)
The NITI Aayog will also seek to put an end to slow and tardy
implementation of policy, by fostering better Inter Ministry
coordination and better Centre-State coordination. It will help evolve
a shared vision of national development priorities, and foster
cooperative federalism, recognizing that strong states make a strong
nation.
Notes
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6.
d)
e)
f)
It will offer a platform for resolution of intersectoral and interdepartmental issues in order to accelerate the implementation of the
development agenda.
g)
Notes
b)
c)
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states too were voicing concerns similar to their own. But now,
according to the information made available so far at any rate, there
will be no NDC, but only a few Regional Councils where the Prime
Minister will sit with the state chief ministers. This necessarily means
a downgrading of the voice of the states in matters concerning national
economic development.
d)
28
The confidence that the states had in sitting together with the Centre,
and the pressure that the Centre was subjected to when the states
spoke with one voice on major issues, will now be replaced by an air
of supplication. A bunch of supplicant state governments of particular
regions will be pleading for greater largesse from the Centre at
occasional regional meets. For both these reasons, in other words,
centralization of economic powers will be carried further forward,
compared even to the days of the old Planning Commission.
Notes