Daily News Simplified - DNS

09 01 19
Notes
SL. THE HINDU
TOPICS
NO. PAGE NO.

SC reinstates Alok Verma as CBI Director, but clips his wings

1 01/08
(Editorial)

2 Quota questions (Editorial) 08

3 Lok Sabha passes DNA technology Bill 10

4 Six Assam groups be accorded ST status ` 10

5 NASA’s probe discovers a new planet 18

6 A renewed attack on privacy 08

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Title 1. SC reinstates Alok Verma as CBI Director, but clips his wings - (The Hindu, Page
1/8)
Syllabus Prelims: Polity & Governance
Mains: GS Paper II – Polity & Governance
Theme Central Bureau of Investigation
Highlights What is the news?
• The Supreme Court of India has reinstated Alok Verma as director of Central
Bureau of Investigation (CBI).
• However, the Supreme Court has said that Alok Verma will not be take any policy
decisions till the high-powered committee, which selects the CBI chief comprising
Prime Minister, leader of the opposition in the Lok Sabha and Chief Justice of India
reviews the findings of Central Vigilance Commission(CVC) which is probing charges
of corruption against Alok Verma.
• The Court has asked the high-powered committee to meet within a week.
• The court justified its decision on the ground that the law in the Vineet Narain case
was intended to insulate the office from extraneous influences.
What had happened so far?
• After the ongoing war between the Director and Special Director of CBI became
public, the government in a midnight order through the Appointments Committee
of the Cabinet sent both these officers on leave as per the recommendations of
Central Vigilance Commissioner (CVC).
The Problem
• This controversy erupted at CBI highlights the problems which has been plaguing
the CBI with respect to
i. Political interference
ii. Functional autonomy
iii. Institutional regulation (CVC & Lokpal)
Restructuring of CBI after Vineet Narain Judgment
• Pursuant to the direction of Hon'ble Supreme Court in Vineet Narain and others
vs. Union of India, the existing Legal Division was reconstituted as the
Directorate of Prosecution in July 2001.
• Director, CBI as Inspector General of Police, Delhi Special Police Establishment, is
responsible for the administration of the organisation.
• With enactment of CVC Act, 2003 the Superintendence of Delhi Special Police
Establishment vests with the Central Government for investigations of offences
under the Prevention of Corruption Act, 1988, in which, the superintendence vests
with the Central Vigilance Commission.
Vineet Narain Case
• Vineet Narain case is about hawala scandal where a journalist Vineet Narain
implicated numbers of high ranking politicians and bureaucrats of having financial
irregularities and their alleged links with militants across the borders.
• The Supreme Court in the case observed that CBI had failed in its responsibility and
has become a caged parrot. The Court laid down guidelines to ensure
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independence and autonomy of the CBI and ordered CBI to be placed under the
supervision of the Central Vigilance Commission (CVC), to ensure that it remains
free from executive control or interference.
• Thus, The CVC was made responsible for ensuring that allegations of corruption
against public officials were thoroughly investigated regardless of the identity of the
accused and without interference from the Government.
• Central Vigilance Commission was constituted by the Government in 1964 through
an executive order on the recommendations of Committee on Prevention of
Corruption, headed by Shri K. Santhanam.
• The government then passed the Central Vigilance Commission Act, 2003 to provide
statutory status to the Central Vigilance Commission.
• As per the 2003 Act, the Commission exercise superintendence, give directions and
review the functioning of the Delhi Special Police Establishment in so far as it relates
to the investigation of offences alleged to have been committed under the
Prevention of Corruption Act, 1988.
Prior to enactment of Lokpal and Lokayukta Act, 2013
• Prior to the enactment of Lokpal & Lokayukta Act, 2013, the Central Vigilance
Commissioner (CVC) was the Chairperson of the selection committee as per
Section 4B of DSPE Act, 1946.
Post enactment of Lokpal and Lokayukta Act, 2013
• The Central Government shall appoint the Director on the recommendation of the
Committee consisting of
ü Prime Minister – as Chairperson
ü The Leader of Opposition recognised as such in the House of the People or
where there is no such Leader of Opposition, then the Leader of the single
largest Opposition Party in that House – as Member
ü Chief Justice of India or Judge of Supreme Court nominated by CJI

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Title 2. Quota questions (Editorial) (The Hindu, Page 8)

Syllabus Prelims: Polity & Governance

Mains: GS Paper II – Polity & Governance

Theme Quota for General Category

Highlights What is the news?

• The Constitution (One Hundred and Twenty Fourth Amendment) Bill, 2019 was
introduced in Lok Sabha by the Minister of Social Justice and Empowerment.
• The Bill seeks to provide for the advancement of “economically weaker sections” of
citizens. In this aspect the Bill seeks to amend Article 15 and 16 of the Indian
Constitution. The Bill seeks to add clause 6 to Article 15 and 16 to the Indian
Constitution.
Important Points mentioned in the editorial
Ø This Bill may not stand judicial scrutiny because it exceeds the 50% limit on total
reservation laid down by the Nine Judge Constitution Bench of Supreme Court in the
case of Indra Sawhney.
Ø The Court in Indra Sawhney categorically held that a backward class cannot be
determined only and exclusively with reference to economic criteria. It may be a
consideration or basis along with and in addition to social backwardness, but it can
never be the sole criteria.
Ø The editorial further highlights that the household income criteria of 8 lakhs is same as
the ‘creamy layer’ limit for OBCs. This may have social and economic implications as it
puts both the class at equal category for availing quota benefits.
Ø The editorial further highlights the decision taken in M. Nagraj v Union of India with
respect to fundamental right to equality. Constitution Bench in this case ruled that
equality is part of the Basic Structure of the Indian Constitution. It said the 50%
ceiling, among other things, was a constitutional requirement without which the
structure of equality of opportunity would collapse.
Ø Thus, in this way the issue of equality may be raised in a Court of law on the exceeding
limit of reservation provided beyond 50 per cent.
Ø Another issue is whether reservations can go to a section that is already adequately
represented in public employment. Thus, the government has to show quantifiable
data to determine the rationality of providing reservation to the general category that
they are not adequately represented.
Ø Reservations have been traditionally provided to undo historical injustice and social
exclusion suffered over a period of time. Thus, in case of judicial scrutiny, The
Constitution (One Hundred and Twenty Fourth Amendment) Bill, 2019 must prove
that it aims to undo historical injustice and social exclusion suffered over a period of
time.
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Title 3. Lok Sabha passes DNA technology Bill (The Hindu, Page 10)

Syllabus Prelims: Polity & Governance

Mains: GS Paper II – Polity & Governance

Theme DNA Technology (Use and Application) Regulation Bill, 2018

Highlights • The Deoxyribonucleic Acid (DNA) is a set of instructions found in a cell. These instructions are
used for the growth and development of an organism. The DNA of a person is unique, and
variation in the sequence of DNA can be used to match individuals and identify them. DNA
technology, therefore allows for accurate establishment of an individual’s identity.
• DNA-based technology can be used to aid criminal investigations. For example, the identity of a
criminal offender may be determined by matching DNA found at the crime scene with the DNA
of a suspect. In addition, DNA-based technology helps in identification of victims in the event of
terrorist attacks or natural disasters such as earthquakes. For example, DNA technology has
been used to identify victims of terrorist attacks on the World Trade Centre in 2001, and
disasters such as the Asian tsunami in 2004. Further, DNA profiling can be used in civil matters,
such as parentage related disputes.
• Currently, the use of DNA technology for identification of individuals is not regulated. In the
past, several expert groups including the Law Commission, have looked at the use and
regulation of DNA technology.
• The Commission submitted its report as well as a draft Bill in July 2017. In this context, the DNA
Technology (Use and Application) Regulation Bill, 2018 was introduced in Lok Sabha on August 9,
2018. The Bill regulates the use of DNA technology for the purpose of identification of persons
in criminal and civil matters.

Summary of Provisions

• The DNA Technology (Use and Application) Regulation Bill, 2018 provides for regulation of use of
DNA technology for establishing the identity of certain persons.
• Use of DNA Data: Under the Bill, DNA testing is allowed only in respect of matters listed in the
schedule to the Bill (such as, for offences under the Indian Penal Code, 1860, for paternity suits,
or to identify abandoned children).
• Permission for use of DNA Data: While preparing a DNA profile, bodily substances of persons
may be collected by the investigating authorities. Authorities are required to obtain consent for
collection in certain situations. For arrested persons, authorities are required to obtain consent if
the offence carries a punishment of up to seven years. If the offence carries more than seven
years of imprisonment or death, consent is not required. Further, if the person is a victim, or
relative of a missing person, or a minor or disabled person, the authority is required to obtain the
consent of such victim, or relative, or parent or guardian of the minor or disabled person. If
consent is not given in either case, the authorities can approach the Magistrate.
• DNA Data Bank: The Bill provides for the establishment of a National DNA Data Bank and
regional DNA Data Banks, for every state, or two or more states. The National Data Bank will
store DNA profiles received from DNA laboratories and receive DNA data from the regional
Banks. Every Data Bank will be required to maintain indices for the following categories of data:
(i) a crime scene index, (ii) a suspects’ or undertrials’ index, (iii) an offenders’ index, (iv) a missing
persons’ index, and (v) an unknown deceased persons’ index.
• Protection of information: Under the Bill, the Board is required to ensure that all information
relating to DNA profiles with the Data Banks, laboratories and other persons are kept
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confidential. DNA data may only be used for identification of the person. However, the Bill
allows for access to information in the Data Bank for the purpose of a one-time keyboard search.
This search allows for information from a DNA sample to be compared with information in the
index without information from the sample being included in the index.
• Retention of DNA Data: The Bill states that the criteria for entry, retention or removal of the
DNA profile will be specified by regulations. However, the Bill provides for removal of the DNA
Data of the following persons: (i) of a suspect if a police report is filed or court order given, (ii) of
an under-trial if a court order is given, (iii) on request, of persons who are not a suspect, offender
or under-trial from the crime scene or missing persons’ index. Further, the Bill provides that
information contained in the crime scene index will be retained.
• DNA Regulatory Board: The Bill provides for the establishment of a DNA Regulatory Board,
which will supervise the DNA Data Banks and DNA Laboratories. The Secretary, Department of
Biotechnology, will be the ex officio Chairperson of the Board. The Board will comprise an
additional 12 members including: (i) an eminent person with at least 25 years’ experience in
biological sciences, as the Vice Chairperson, and (ii) Director General of the National Investigation
Agency and the Director of the Central Bureau of Investigation or their nominees (of at least the
rank of Joint Director).
• Functions of the Board: The functions of the Board include: (i) advising governments on all
issues related to establishing DNA laboratories or Data Banks, (ii) granting accreditation to DNA
Laboratories, and (iii) developing training modules and framing guidelines for training manpower
to deal with DNA related matters.
• DNA Laboratories: Any laboratory undertaking DNA testing is required to obtain accreditation
from the Board. The Board may revoke the accreditation for reasons including, failure to: (i)
undertake DNA testing, or (ii) comply with the conditions attached to the accreditation. If the
accreditation is revoked, an appeal will lie before the central government or any other authority
notified by the central government.
• Obligations of DNA Laboratories: Under the Bill, every DNA laboratory is required to perform
various functions, including: (i) following standards for quality assurance in collection, storing,
testing, and analysis of DNA samples, and (ii) depositing DNA samples with the Data Bank. After
depositing the sample for ongoing cases, the Laboratory is required to return the biological
sample to the investigating officer. In all other cases, the sample must be destroyed and
intimated to the concerned person.
• Offences: The Bill specifies penalties for various offences, including: (i) for disclosure of DNA
information, or (ii) using DNA sample without authorization. For instance, disclosure of DNA
information will be punishable with imprisonment of up to three years and fine of up to one lakh
rupees.

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Title 4. Six Assam groups be accorded ST status (The Hindu, Page 8)

Syllabus Prelims: Indian Polity & Governance; Mains: GS Paper II – Polity & Governance

Theme Central Bureau of Investigation (CBI)

Highlights What’s the news?

The cabinet will introduce a bill to declare six communities in Assam- Koch Rajbhongshi,
Tai Ahom, Chutia , Matak, Moran and Tea Tribes , who have been demanding such ST
status for long. Other amendments envisaged by the bill – The 6th schedule will also be
amended to strengthen Autonomous district councils.

How are communities declared as Scheduled Tribe?

Article 342
1. Article 342 provides that 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, is
deemed to be scheduled tribes in relation to that state or Union Territory, as the case
may be.
2. Parliament may by law include in or exclude from the list of Scheduled tribes specified
in a notification issued under clause(1) any tribe or tribal community or part of or
group within any tribe or tribal community, but save as aforesaid, a notification issued
under the said clause shall not be varied by any subsequent notification.

Thus, the first specification of Scheduled Tribes in relation to a particular State/

Union Territory is by a notified order of the President, after consultation with the
State governments concerned. These orders can be modified subsequently only
through an Act of Parliament. The above Article also provides for listing of
scheduled tribes State/Union Territory wise and not on an all India basis.

The inclusion of a community as a Scheduled Tribe is an ongoing process.

The essential characteristics of these communities are:

1. Primitive Traits
2. Geographical isolation
3. Distinct culture
4. Shy of contact with community at large
5. Economically backward

5th schedule deals with administration and control of scheduled areas and scheduled
tribes in any state expect four states of Assam, Meghalaya, Tripura and Mizoram.
6th schedule - Deals with administration of tribal areas in state of Assam, Meghalaya,
Tripura and Mizoram.

The rationality behind the special arrangements in respect of only these four states lies in
the following: “The tribes in Assam, Meghalaya, Tripura and Mizoram have not assimilated
much the life and ways of the other people in these states. These areas have hitherto
been anthropological specimens. The tribal people in other parts of India have more or
less adopted the culture of the majority of the people in whose midst they live. The tribes
in Assam, Meghalaya, Tripura and Mizoram, on the other hand, still have their roots in
their own culture, customs and civilization. These areas are, therefore, treated differently
by the Constitution and sizeable amount of autonomy has been given to these people for
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self-government.”

The various features of administration contained in the Sixth Schedule are

as follows:

1. The tribal areas in the four states of Assam, Meghalaya, Tripura andMizoram have been
constituted as autonomous districts. But, they do not fall outside the executive authority
of the state concerned.

2. The governor is empowered to organise and re-organise the autonomous districts.

Thus, he can increase or decrease their areas or change their names or define their
boundaries and so on.

3. If there are different tribes in an autonomous district, the governor can divide the
district into several autonomous regions.

4. Each autonomous district has a district council and each autonomous region also has a
separate regional council.

5. The district and regional councils administer the areas under their jurisdiction. They can
make laws on certain specified matters like land, forests, canal water, shifting cultivation,
village administration, inheritance of property, marriage and divorce, social customs and
so on. But all such laws require the assent of the governor.

6. The district and regional councils are empowered to assess and collect land revenue
and to impose certain specified taxes.

7. The acts of Parliament or the state legislature do not apply to autonomous districts and
autonomous regions or apply with specified modifications and exceptions.

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Title 5. NASA’s probe discovers a new planet (The Hindu, Page 18)

Syllabus Prelims: Science & Technology; GS Paper III – Science & Technology

Theme Transiting Exoplanet Satellite

Highlights
• Transiting Exoplanet Satellite or TESS, which was launched in April 2018 has
discovered a new planet 53 light years away from our solar system.
• The planet is named HD 21749b, orbits a bright, nearby dwarf star about 53 light years
away, in the constellation Reticulum.
• The star HD 21749 is a red dwarf star about 0.68 the mass of the Sun and HD 21749b
is one of the planets that orbit this star. The planet discovered by TESS is possibly
rocky, hot sub-Neptune-sized exoplanet.
TESS is an MIT-led NASA
mission, an all-sky survey
for transiting exoplanets.
Transiting planets are those
that go in front of the star
as seen from the telescope
and, to date, is the most
successful discovery
technique for finding small
exoplanets.

Three new planets and six

supernovae outside our
solar system have been
observed by Nasa’s planet-
hunting Tess mission in its
first three months.

•
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Title 6. A renewed attack on privacy (Lead Article) (The Hindu, Page 8)

Syllabus Prelims: Rights Issue; Polity & Governance

Mains: GS Paper II - Polity & Governance

Theme Right to Privacy

Highlights
• Aadhaar was primarily challenged on grounds that it validated right to privacy which has
been unanimously recognised to be a part of right to life and personal liberty by Nine Judge
Bench in Puttaswamy v Union of India.
• Five Judge Constitution Bench of Supreme Court in a majority of 4:1 has delivered a
landmark verdict where it has upheld the constitutional validity of The Aadhaar (Targeted
Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016. However, the
Court struck down several provisions (section 33(2), 47 and 57 of the Aadhaar Act) related
to Aadhaar card linkage where no benefits, subsidies or services were transferred.
• After the Supreme Court’s judgment on voluntary use of Aadhaar for bank accounts and
sim card for mobile phones, central government has introduced a Bill in Lok Sabha to carry
out the necessary amendments.
• The Aadhaar and Other Laws (Amendment) Bill 2018 aims to amend the Telegraph Act,
1885 and the Prevention of Money Laundering Act (PMLA) 2002 and to provide for
voluntary sharing of the 12-digit identification number for obtaining new mobile phone
connections and opening bank accounts.
• To provide for voluntary use of Aadhaar number in physical or electronic form by
authentication or offline verification or any other mode.
• To allow the use of Aadhaar number for authentication on voluntary basis as acceptable
KYC document under the Telegraph Act, 1885 and the Prevention of Money-laundering Act,
2002.
• To give an option to children who are Aadhaar number holders to cancel their Aadhaar
number on attaining the age of eighteen years.
• Authentication of offline verification of Aadhaar number can be performed only with the
informed consent of the Aadhaar number holder.
• To permit the entities performing authentication only when they are compliant with the
standards of privacy and security specified by UIDAI.
• It aims for establishment of Unique Identification Authority of India Fund.
• To enhance the restrictions on sharing of information by requesting entity and offline
verification-seeking entity.
• To omit section 57 of the Aadhaar Act relating to use of Aadhaar by private entities. The
Supreme Court in its judgment had struck down section 57 of Aadhaar Act that made
seeding of the biometric ID with SIMs and bank accounts mandatory. The Court held
section 57 of the Aadhaar Act as unconstitutional as it enabled body corporate to use
Aadhaar number for establishing the identity of an individual for any purpose.
• Concerns raised by the author are with respect to online and offline authentication, use of
passport and officially valid document notified by government. However, if government
fails to notify any document, Aadhaar may become compulsory.
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