1.

Luck now declaration:

India, African countries resolve to fight terror

Luck now Declaration urges need for stronger international partnership

India and several African countries on Thursday pledged to deepen cooperation

to combat the growing threat of terrorism and preserve maritime security by

sharing information, intelligence and surveillance, in a joint deceleration

adopted at the first India- Africa Defence Ministers conclave at the ongoing

Defexpo. Defence Minister Rajnath Singh said India was geared to provide a range

of military hardware to Africa.

a.’ Threat to peace’

“We condemn, in the strongest terms, the growing threat of terrorism and

acknowledge that it constitutes a major threat to peace and security in the region.

We urge all countries to take resolute action in rooting out terrorism in all forms

and manifestations, terrorist safe havens and infrastructure, disrupting terrorist

networks and eliminating financing channels and halting cross-border movement

of terrorists. We understand the need for all countries to ensure that all territory

under their control is not used to launch terrorist attacks on other countries in any

manner,” the Luck now Declaration said, emphasizing the need for stronger
international partnership in countering terrorism and violent extremism,

including through increased sharing of information and intelligence.

The Declaration also called for strengthening the UN Counter-Terrorism

mechanisms and to ensure strict compliance with the UN Security Council

sanctions regime on terrorism. “We urge the international community to envisage

the adoption of Comprehensive Convention on International Terrorism in the

UNGA,” it stated.

b. Maritime security

Recognizing the importance of the oceans and seas to the livelihoods of our

peoples and that maritime security is a pre-requisite for the development of blue

or ocean economy, the Declaration said, “We seek to increase our cooperation in

securing sea lines of communication, preventing maritime crimes, disaster,

piracy, illegal, unregulated and unreported fishing through sharing of

information and surveillance.”

C.38 countries

The dialogue was attended by 12 Defence Ministers and 38 countries were

represented at the conclave. “India will continue to intensify and deepen

engagement. It will be a partnership guided by your priorities. More specifically on

the defence cooperation, these include strengthening cooperation and mutual

capabilities in combating terrorism and extremism, keeping our cyberspace safe

and secure and supporting the UN in advancing and keeping peace,” Mr. Singh

said, offering offshore patrol vessels (OPVs), fast interceptor boats, body and

vehicle armour, night vision goggles, unmanned aerial vehicles (UAVs), Dornier

aircraft, and arms and ammunition.

He said India’s partnership with Africa was an open one with “all the possibilities

and avenues for collaboration from our side being open to you to choose from

and decide as per your priorities.”

2. The National Investigation Agency (Amendment) Bill, 2019

National Investigation Agency of India is: a statutory body. under the "direct

control" of the Prime Minister

The National Investigation Agency (Amendment) Bill, 2019 was introduced in Lok

Sabah by the Minister for Home Affairs, Mr. Amit Shah, on July 8, 2019. The Bill

amends the National Investigation Agency (NIA) Act, 2008. The Act provides for

a national-level agency to investigate and prosecute offences listed in a schedule

(scheduled offences). Further, the Act allows for creation of Special Courts for

the trial of scheduled offences.

a. Scheduled offences: The schedule to the Act specifies a list of offences which

are to be investigated and prosecuted by the NIA. These include offences under

Acts such as the Atomic Energy Act, 1962, and the Unlawful Activities Prevention

Act, 1967. The Bill seeks to allow the NIA to investigate the following offences, in

addition:

 Human trafficking

 offences related to counterfeit currency or bank notes

 Manufacture or sale of prohibited arms

 cyber-terrorism and

 Offences under the Explosive Substances Act, 1908.

B.Jurisdiction of the NIA: The Act provides for the creation of the NIA to

investigate and prosecute offences specified in the schedule. The officers of the

NIA have the same powers as other police officers in relation to investigation of

such offences, across India. The Bill states that in addition, officers of the NIA will
have the power to investigate scheduled offences committed outside India,

subject to international treaties and domestic laws of other countries. The

central government may direct the NIA to investigate such cases, as if the offence

has been committed in India. The Special Court in New Delhi will have

jurisdiction over these cases.

C.Special Courts: The Act allows the central government to constitute Special

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

central government may designate Sessions Courts as Special Courts for the trial

of scheduled offences. The central government is required to consult the Chief

Justice of the High Court under which the Sessions Court is functioning, before

designating it as a Special Court. When more than one Special Court has been

designated for any area, the senior-most judge will distribute cases among the

courts. Further, state governments may also designate Sessions Courts as Special

Courts for the trial of scheduled offences

3. This year Government has passed many landmark Bills including CAA,

revocation of Article 370, etc. While some Bills were praised the other Bills

gained a huge controversy; the latest being the CAA. Here we've listed all the

Civil Bills that have been passed by the Government in the Parliament in 2019:

# Citizenship (Amendment) Act: The Citizenship Amendment Bill was introduced

in Lok Sabha on December 9, 2019, by Amit Shah (Minister of Home Affairs) and

was passed on the same day in Lok Sabha i.e., December 9, 2019. The Bill was

passed in Rajya Sabha on December 11, 2019. This Act regulates the Citizenship

Act of 1955.

Provisions of the Act are as follows:

1- According to the Act, the illegal migrants from three countries (Pakistan,

Afghanistan and Bangladesh) will no longer be treated as illegal migrants provided

that they have entered into India on or before 31st December 2014.

2- The Act aims to provide a path to Hindu, Sikh, Buddhist, Jain, Parsi and Christian

religious minorities from the above-mentioned countries on the basis of religious

persecution.

3- Illegal migrants from the Muslim community are not eligible.

4- The Act is not applicable to the tribal areas of Karbi Anglong (Assam), Garo Hills

(Meghalaya), Chamka District (Mizoram) and Tripura Tribal Areas District.

5- It is not applicable to the states regulated by the ‘Inner Line Permit’ under the

Bengal Eastern Frontier Regulation, 1873 as it regulates the visit of Indians to

Arunachal Pradesh, Mizoram, Nagaland, and Manipur.

6- Upon acquiring citizenship, the person will be a citizen of India from the date of

his/her entry into India and all the legal proceedings against them (illegal

migration or citizenship) will be closed.

7- The Act has reduced the period of naturalization of the above-mentioned

people from 6 to 5 years.

Who is defined as Illegal migrants?

An illegal migrant is a foreigner who enters in India without valid travel documents

(passport/ Visa), enters with valid documents but stays beyond the expiry of

permitted time.

What is Inner Line Permit?

Under the Bengal Eastern Frontier Regulation, 1873, Inner Line Permit is an official

document issued by the state governments of Arunachal Pradesh, Mizoram,

Nagaland, and Manipur to Indian Citizens to allow inward travel into these

protected areas for a limited period.

How to obtain Citizenship in India?

The Citizenship Act, 1955, describes 5 conditions to acquire citizenship of India:

1- Citizenship by Birth

2- Citizenship by Descent

3- Citizenship by Registration

4- Citizenship by Naturalization

5- Citizenship by incorporation of territory

# Arms (Amendment) Act

The Arms (Amendment) Bill was introduced in Lok Sabha on November 29, 2019,

by Amit Shah (Minister of Home Affairs) and was passed in Lok Sabha on

December 9, 2019, and in Upper House i.e., Rajya Sabha on December 10, 2019.

The Bill aims to amend the Arms Act, 1959.

Provisions of the Act are as follows:

1- Under the Act, a license must be obtained to acquire, possess or carry a firearm.

2- A person can only have one firearm.

3- Excess firearms shall be deposited to the officer-in-charge of the nearest police

station or with a licensed firearm dealer as specified within a year.

4- If the owner of the firearm is a member of the armed forces, then he can

deposit the firearm with a unit armory with a time period of a year.

5- The excess firearms within 90 days from the expiry of one year will be

delicensed.

6- Under the Act, the duration of the validity of a firearm has been extended to 5

years (previously 3 years).

7- It bans manufacturing, sale, use, transfer, conversion, and testing of firearms

without a license.

8- It also prohibits a shortening of firearm barrel or imitation of firearms without a

license.

9- Members of Rifle Clubs/ associations are allowed to use any firearm for target

practice instead of using only air rifles.

10- If found dealing in un-licensed firearms, shortening or imitation, import/export

then under the Act the person may serve the minimum punishment of seven years

to life term imprisonment with fine.

11- It also punishes dealing with prohibited firearms.

12- If the usage of prohibited firearms results in the death of a person then the

guilty will either serve life imprisonment or death sentence with a fine.

13- If a person forcefully takes firearms from police or armed forces, then he liable

to serve jail term between 10 years to life imprisonment with fine.

14- Ceberatory gunfires have been banned under this Act keeping in mind the

safety of human life and is a punishable offense with a jail term up to 2 years or

one lakh rupees, or both.

15- It also defines illicit trafficking (trade, acquisition or sale of firearms in or

outside India). It is a punishable offense between 10 years to a lifetime with a fine.

# The Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories)

Act

The Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Bill

was introduced in Lok Sabha on November 26, 2019, by Amit Shah (Minister of

Home Affairs) and was passed in Lok Sabha on November 27, 2019, and on

December 3, 2019, in Rajya Sabha. The purpose is to merge Union Territories of

Dadra & Nagar Haveli, Daman & Diu into a single Union Territory.

Provisions of the Act are as follows:

1- It amends the First Schedule of the constitution to merge two UTs into one. The

merged territory will be known as UT of Dadra and Nagar Haveli and Daman and

Diu.

2- The Act amends the First Schedule to the Representation of the People Act,

1950 and provides two Lok Sabha seats to the merged Union Territory. Previously,

it was one seat in the Lok Sabha to each of the Union Territories.

3- People employed in connection with the affairs of existing UTs will serve the

merged UT and the central government will allot people for the service of the

merged Union Territory.

4- However, the members of All India Services and people on delegation from any

state will remain unaffected by these provisions.

5- As per the Act, Bombay High Court will continue to provide Jurisdiction to the

merged UT.

# The Special Protection Group (Amendment) Act

The Special Protection Group (Amendment) Bill was introduced in Lok Sabha on

November 25, 2019, by Amit Shah (Minister of Home Affairs) and was passed in

Lok Sabha on November 27, 2019, and in the Upper House i.e., Rajya Sabha on

December 3, 2019. It amends the Special Protection Group Act of 1988.

Provisions of the Act are as follows:

1- After the amendment, the SPG will provide security to the Prime Minister and

his immediate family members.

2- This Act will also provide the security for a year to the former Prime Ministers

and their immediate family members from the date on which they ceased to hold

the office.

3- The SPG security will also be provided based on the threat level i.e., threat

either from a military or terrorist organization or will be of a grave and continuing

nature.

4- If SPG security is withdrawn from a former Prime Minister, it will also be

withdrawn from his immediate family members unless the level of threat meets

the criteria decided by the Central Government.

What is SPG?

SPG is the highest tier of security in India which came into force in 1985 after the

assassination of Prime Minister Indira Gandhi by her bodyguards in 1984. Initially,

it provided the security to the Prime Ministers and his immediate family members

but after the assassination of Prime Minister Rajiv Gandhi in 1991, SPG Act was
amended to offer protection to all former Prime Ministers and their families for a

minimum period of 10 years.

# The Jammu and Kashmir Reorganization Act

The Jammu and Kashmir Reorganization Bill was introduced in Rajya Sabha by Amit

Shah (Minister of Home Affairs) on August 5, 2019, and was passed on the same

day in Rajya Sabha i.e., August 5, 2019. A day later on August 6, 2019, it was

passed in Lok Sabha. It aims to reorganize the state of Jammu and Kashmir into the

UT of Jammu and Kashmir and UT of Ladakh. It revoked the Special Status given to

the State of J&K under Article 370 of the Indian Constitution.

Provisions of the Act are as follows:

1- It reorganizes the state of Jammu and Kashmir into UT of Jammu and Kashmir

having a legislature and UT of Ladakh without a legislature.

2- UT of Ladakh will have Kargil and Leh districts and the UT of Jammu and Kashmir

will comprise the remaining territories of the state of Jammu and Kashmir.

3- The UT of J&K and the UT of Ladakh both will be administrated by the President

through an administrator appointed by him for the UTs respectively.

4- The Legislative Assembly of Jammu and Kashmir will have a total of 107 seats,

out of which, 24 seats will remain vacant on account of areas under POK.
5- Under this Act, seats will be reserved in Assembly for SC and ST with proportion

to their population in the UT of J&K.

6- The Assembly will have a term of 5 years and the appointed Lt. Governer must

summon the Assembly once in 6 months.

7- The Assembly has the power to make laws for UT of J&K in the matters specified

in the State List of Constitution and in the matters specified in the Concurrent List

applicable to UT.

8- The UT of J&K will have a council of Ministers to advise Lt. Governor on the

matters to make laws. The Council of Ministers will not have more than 10% of the

total number of members in the Assembly.

9- The High Court of J&K will serve as the common High Court for UTs of Ladak and

J&K respectively.

10- The Legislative Council of the state of J&K will be dissolved and all the pending

Bills in the Council will lapse as well.

11- The Central Government will appoint Advisory Committees to divide assets &

liabilities of the state of J&K between two UTs, issues related to water and

electricity and the State Financial Corporation. These committees are advised to
submit their reports within 6 months and within 30 days the Lt. Governor of J&K

must act on it.

12- The Schedule lists 106 central laws that will be applicable to UTs of J&K and

Ladakh respectively. In addition to this, it repeals 153 state laws and only 166 state

laws of J&K will remain in force.

13- Seven laws will be applicable after the amendments.

What is Article 370?

Article 370 of the Indian Constitution gave the state of J&K a special status under

which the state had its own constitution and administrative autonomy. In addition

to this, Indian Citizens from other states were not allowed to purchase land or

property in the state.

# The Jammu and Kashmir Reservation (Amendment) Act

The Jammu and Kashmir Reservation (Amendment) Bill was introduced in Lok

Sabha on June 24, 2019, by Amit Shah (Minister of Home Affairs) and was passed

in Lok Sabha on June 28, 2019, and in the Upper House i.e., Rajya Sabha on July 1,

2019. It amends the Jammu and Kashmir Reservation Act of 2004. It aims to

provide reservations in state government posts and admission to professional

institutions for certain reserved categories.

Provisions of the Act are as follows:

1- The Act provides reservation in appointment and promotions in certain state

government posts to socially and educationally backward classes including people

living in the areas adjoining LoC (Line of Control) and the International Border.

2- Any person appointed on the basis of residents living in the areas adjoining the

Line of Control or International Border, must serve in such areas for a minimum

period of seven years.

3- Any person earning an annual income of more than 3 Lakh rupees, would not be

included in the Socially and Educationally Backward Classes. However, this

exclusion will not apply to the people living in areas adjoining the Actual Line of

Control and the International Border.

# The Jammu and Kashmir Reservation (Second Amendment) Bill

The Jammu and Kashmir Reservation (Second Amendment) Bill was introduced in

Rajya Sabha on August 5, 2019, by Amit Shah (Minister of Home Affairs) and was

passed in Rajya Sabha on the same day (August 5, 2019). However, it was

withdrawn by the government in Rajya Sabha on August 7, 2019. It was withdrawn

as the laws providing the quota to the economically backward class are now

applicable to the UTs post repeal of special provisions under Article 370.
# The Unlawful Activities (Prevention) Amendment Act

The Unlawful Activities (Prevention) Amendment Bill or UAPA was introduced in

Lok Sabha on July 8, 2019, by Amit Shah (Minister of Home Affairs) and was passed

in Lok Sabha on July 24, 2019, and in Rajya Sabha on August 2, 2019. It amends

the Unlawful Activities (Prevention) Act of 1967.

Provisions of the Act are as follows:

1- Under this Act, the Central Government may declare an organization as a

terrorist organization if it either prepares, commits, participates, promotes or is in

any way involved in terrorism.

2- It can also declare a person as a terrorist provided that the person fulfills the

above-mentioned grounds.

3- A prior approval of the DG of Police is required by the investigating officer to

seize properties connected to terrorism.

4- If the investigation is carried out by an officer National Investigation

Agency(NIA), then a prior approval would be required from the DG of NIA before

seizing such property.

5- The Act empowers the officers of NIA of Inspector rank or above to investigate

such cases.
6- The Schedule lists consist of nine treaties that define the terrorist acts and the

Bill has added a new treaty as The International Convention for Suppression of

Acts of Nuclear Terrorism (2005).

# The National Investigation Agency (Amendment) Act

The National Investigation Agency (Amendment) Bill was introduced in Lok Sabha

on July 8, 2019, by Amit Shah (Minister of Home Affairs) and was passed on July

15, 2019, in Lok Sabha and on July 17, 2019, in Rajya Sabha. It amends the National

Investigation Agency (NIA) Act, 2008.

Provisions of the Act are as follows:

1- The Act specifies a list of offenses that can be investigated and prosecuted by

NIA including offenses such as Atomic Energy Act (1962), UAPA (1967). In addition

to this, NIA can investigate and prosecute in the offenses related to human

trafficking, counterfeit currency or banknotes, manufacture and sale of prohibited

arms, cyber- terrorism and offenses listed in the Explosive Substances Act (1908).

2- Under the Act, the officers of the NIA will have the power to investigate

scheduled offenses committed outside India. In these cases, the Special Courts in

New Delhi will have jurisdiction.

3- It also allows the Central Government to constitute the SPecia;l Courts for the

offenses listed in the Schedule. In addition to this, the central Government must

consult the Chief Justice of High Court under which the Session Court is functioning

before declaring it as a Special Court. In the case of having more than one Special

Court in an area, the senior-most judge will distribute the cases among the courts.

# The Protection of Human Rights (Amendment) Act

The Protection of Human Rights (Amendment) Bill was introduced in Lok Sabha on

July 8, 2019, by Amit Shah (Minister of Home Affairs) and was passed on July 19,

2019, in Lok Sabha and on July 22, 2019, in Rajya Sabha. It amends the Protection

of Human Rights Act, 1993.

Provisions of the Act are as follows:

1- Chief Justice or a Judge of the Supreme Court is eligible to become the

chairperson of the National Human Rights Commission (NHRC).

2- Three people having knowledge of Human Rights will be appointed as the

members of NHRC out of which at least one member must be a woman.

3- Chief Justice or Judge of the High Court will be eligible to become chairperson of

the State Human Rights Commission (SHRC).

4- Under the Act, the chairperson and members of both NHRC and SHRC will hold

the office up to 3 years or till the age of retirement provided whichever is earlier. It

also allows the reappointment of the members of NHRC and SHRC for a period of 5

years and removes the 5 year limit for reappointment.

5- The Secretary-General and Secretary will exercise all administrative and

financial powers except the judicial ones subjected to the chairperson’s control of

NHRC and SHRC respectively.

6- The Central Government may confer SHRC related to Human Rights functions by

UTs, but in the case of Delhi it will be dealt with by the NHRC.

Below listed are the Civil Bills that were passed by the Government in 2019:

1- Citizenship (Amendment) Act

2- Arms (Amendment) Act

3- The Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories)

Act

4- The Special Protection Group (Amendment) Act

5- The Jammu and Kashmir Reorganization Act

6- The Jammu and Kashmir Reservation (Amendment) Act

7- The Jammu and Kashmir Reservation (Second Amendment) Bill (Passed but
Withdrawn)

8- The Unlawful Activities (Prevention) Amendment Act

9- The National Investigation Agency (Amendment) Act

10- The Protection of Human Rights (Amendment) Act

4. Kerala has become the first state to move the Supreme Court
challenging the Citizenship (Amendment) Act, 2019 - CAA, 2019.

The Citizenship (Amendment) Act, 2019 seeks to provide citizenship to illegal migrants from

Buddhist, Hindu, Sikhs, Jain, Parsi and Christian faiths, who have come to India from the

neighboring countries of Afghanistan, Pakistan and Bangladesh, on or before 31st December,

2014.The suit has been filed under Article 131 of the Constitution.

Under Article 131, the Supreme Court has “original” jurisdiction in disputes between States or

the Centre and State(s). The Article allows the court to directly take cognizance of such a

dispute. Kerala has said in its suit that it would be compelled under Article 256 to comply with

the CAA, which it considers manifestly arbitrary, unreasonable, irrational and violative of

fundamentalrights.
Article 256 of the Constitution states that the executive power of every State shall be so

exercised as to ensure compliance with the laws made by Parliament.Thus, there exists a

dispute, involving questions of law and fact, between the State of Kerala and the Union of

India, regarding the enforcement of legal rights as a State and as well for the enforcement of

the fundamental, constitutional and other legal rights of the inhabitants of the State of Kerala.

The Kerala Government has asked for the law to be declared unconstitutional and in violation
of:
Article 14 (equality before law),Article 21 (protection of life and personal liberty) and Article
25 (freedom of conscience and free profession, practice, and propagation of religion).It has
also sought directions to declare the Passport (Entry into India) Amendment Rules, 2015, and
Foreigners (Amendment) Order, 2015, to be “ultra vires the Constitution of India and to be
void".

As per the petition, the amendments also violate India’s international obligations under:

1. Article 14 of the Universal Declaration of Human Rights (which provides that everyone
has the right to seek and enjoy in other countries asylum from persecution).
2. Article 15 of the Universal Declaration of Human Rights (which provides that everyone
has the right to a nationality and that no one shall be arbitrarily deprived of his
nationality nor denied the right to change his nationality) and
3. Article 26 of the International Covenant on Civil and Political Rights (which provides
that all persons are equal before the law, that all persons are entitled without any
discrimination to the equal protection of the law and that the law shall prohibit any
discrimination and guarantee to all persons equal and effective protection against
discrimination on any ground such as race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status).
Article 131 of the Constitution (Original Jurisdiction of the Supreme Court)The Supreme Court
has original jurisdiction in any dispute:

1. between the Government of India and one or more States; or

2. between the Government of India and any State or States on one side and one or more
other States on the other; or
3. Between two or more States.

NotablePoints:
The dispute must involve a question (whether of law or fact) on which the existence or extent
of a legal right depends.

Any suit brought before the Supreme Court by a private citizen against the Centre or a
state cannot be entertained under this.

The original jurisdiction of a court means the power to hear a case for the first time,
as opposed to appellate jurisdiction, in which the court reviews the decision of a lower court.

DifferentfromArticle32:
Unlike the original jurisdiction under Article 32 (which gives the Supreme Court the power to
issue writs, etc.), the jurisdiction in Article 131 is exclusive, meaning it is only the Supreme
Court which has this authority. Under Article 226, the High Court’s too have the power to
issue writs, directions etc.

Supreme Court’s Stand on Article 131:

There have been two conflicting judgments from the Supreme Court on whether a State can
file an original suit under Article 131 to challenge the constitutionality of a central law.

The first judgment reported in 2012 - State of Madhya Pradesh vs Union of India - held that
States cannot challenge a central law under Article 131.
The second judgment - State of Jharkhand Vs State of Bihar - took the opposite view in
2015 and referred the question of law to a larger Bench of the Supreme Court for final
determination. Kerala’s plaint relies on the 2015 verdict

5. Article 143

Advisory Jurisdiction
The Constitution under Article 143 authorizes the President to seek the opinion of
the Supreme Court in the two categories of matters: On any question of law or fact
of public importance which has arisen or which is likely to arise