Professional Documents
Culture Documents
3.4. Inter State Council (ISC) ____________ 18 7.3. Prohibition of Benami Property
Transactions Act ______________________ 33
3.5. Niti Aayog _______________________ 19
7.4. Fugitive Economic Offenders Bill (FEOB),
3.6. Statehood for Delhi ________________ 19 2018________________________________ 33
3.7. Cauvery Water Management Scheme, 7.5. Prevention of Corruption (Amendment)
2018 _______________________________ 20 Act, 2018 ____________________________ 34
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9.2. Central Civil Services (Conduct) Rules, 10.11. E-governance initiatives in news ___ 43
1964 _______________________________ 38 10.12. Reports and Indexes _____________ 44
9.3. Wrongful Prosecution ______________ 38 10.13. Awards ________________________ 45
9.4. Witness Protection Scheme _________ 39
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of rights and safeguards of the minorities and take to determine a religious or linguistic
up such matters with the appropriate authorities; minority should be the state.
cause studies to be undertaken into problems
arising out of any discrimination against minorities 1.3. DOUBLE JEOPARDY
and recommend measures for their removal;
conduct studies, research and analysis on the Why in news?
issues relating to socio-economic and educational
development of minorities; The Supreme Court has held that the bar of
suggest appropriate measures in respect of any double jeopardy does not arise if an accused was
minority to be undertaken by the Central discharged of a criminal offence, even before the
Government or the State Governments; commencement of trial, on the basis of an invalid
make periodical or special reports to the Central sanction for prosecution.
Government on any matter pertaining to minorities
and in particular difficulties confronted by them; Constitutional Provision
and Article 20 grants protection against arbitrary
any other matter which may be referred to it by and excessive punishment to an accused
the Central Government.
person, whether citizen or foreigner or legal
Minorities in India person like a company or a corporation.
Article 20 (2) of the Constitution mandates
The Constitution of India uses the word
that a person cannot be prosecuted or
‘minority’ in various articles viz. Article 29, 30,
punished twice for the same offence. This is
350 A and 350 B.
called No double jeopardy.
o Other constitutional provisions having a
The protection against double jeopardy is
bearing on minority rights are: Articles 46,
available only in proceedings before a court of
51A, 25-28.
law or a judicial tribunal. In other words, it is
It recognises minorities based on religion and
not available in proceedings before
language.
departmental or administrative authorities as
But it neither defines the term 'minority' nor they are not of judicial nature.
delineates the criteria for determining a
minority. 1.4. NATIONAL SECURITY ACT
As per sec 2(c) of the NCM Act 1992, ‘minority’
means a community notified as such by the Why in news?
Central govt.
Recently, the Madhya Pradesh Government
Six religious communities, viz; Muslims,
invoked the National Security Act (NSA) against
Christians, Sikhs, Buddhists, Zoroastrians
three men accused of killing a cow.
(Parsis) and Jains have been notified as
minority communities by the Union About National Security Act, 1980
Government.
The National Security Act was promulgated on
o The six notified minorities constitute
September 23, 1980, "to provide for
about 19% population of the country.
preventive detention in certain cases and for
States governments are also empowered to
matters connected therewith".
designate state minorities and set up State
The grounds for preventive detention of a
Minority Commissions. For e.g. Jains were
person include:
designated as minority by 11 states before
o Acting in any manner prejudicial to the
they were nationally recognized in 2014.
defence of India, the relations of India
Supreme court judgements: Supreme Court
with foreign powers, or the security of
through its various judgements has tried to
India.
provide guidelines for defining minorities:
o Regulating the continued presence of any
o Kerala Education Bill case 1958: It said
foreigner in India or with a view to making
minority should to be a group of people
arrangements for his expulsion from India
who are numerically a minority in a ‘State
o Acting in any manner prejudicial to the
as a whole’ as distinguished from any
security of the State or from acting in any
particular area or region’.
manner prejudicial to the maintenance of
o Bal Patil & others v UOI, 1999 and TMA Pai
public order or from acting in any manner
Foundation v State of Karnataka 2002: It
prejudicial to the maintenance of supplies
held that with regard to state law, the unit
and services essential to the community it
is necessary so to do.
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A detenu may be held for up to three months 1818, Defence of India Act 1915, Rowlatt Acts of
and in certain circumstances six months, 1919
without any review. Post-independence laws-
A three person Advisory Board made up of o Preventive Detention Act (1950-1969)
o Unlawful Activities (Prevention) Act (1967)
high court judges or persons qualified to be
o Maintenance of Internal Security Act (MISA)
high court judges determines the legitimacy (1971- 1978)
of any order made for longer than three o Conservation of Foreign exchange and
months. If approved, a person may be held Prevention of Smuggling Activities
extra-judicially for up to 12 months. The term (COFEPOSA) (1974)
can be extended if the government finds fresh o National Security Act (1980)- amended in
evidence. 1984, 1985 and 1988
The state government needs to be intimated
that a person has been detained under the 1.5. CONCURRENT LIST
NSA.
Why in news?
It extends to the whole of India except the
State of Jammu and Kashmir. The CM of Telangana has pitched for more
Protection against Preventive detention in the autonomy to the states, suggesting that the
constitution concurrent list be done away with.
Article 22 grants protection to persons who are
arrested or detained under a preventive detention Why Concurrent list?
law. The aim of the concurrent list was to ensure
This protection is available to both citizens as well
uniformity across the country where
as aliens and includes the following:
o The detention of a person cannot exceed
independently both centre and state can
three months unless an advisory board legislate. Thus, a model law with enough
reports sufficient cause for extended flexibility for states was originally conceived in
detention. The board is to consist of judges of the constitution.
a high court. Also, few concurrent list subjects required
o The grounds of detention should be huge finances needing both centre and state
communicated to the detenu. However, the to contribute.
facts considered to be against the public
interest need not be disclosed. Sarkaria Commission Recommendation on Concurrent
o The detenu should be afforded an opportunity List (NOTE: useful for eliminating options)
to make a representation against the The residuary powers of taxation should continue
detention order. to remain with the Parliament, while the other
Article 22 also authorises the Parliament to residuary powers should be placed in the
prescribe Concurrent List.
o the circumstances and the classes of cases in The Centre should consult the states before
which a person can be detained for more than making a law on a subject of the Concurrent List.
three months under a preventive detention Ordinarily, the Union should occupy only that much
law without obtaining the opinion of an field of a concurrent subject on which uniformity
advisory board; of policy and action is essential in the larger
o the maximum period for which a person can interest of the nation, leaving the rest and details
be detained in any classes of cases under a for state action.
preventive detention law; and The Tamil Nadu government constituted the PV
o the procedure to be followed by an advisory Rajamannar Committee to look into Centre-State
board in an inquiry. relations. It spurred other states to voice their
The Parliament has exclusive authority to make a opposition to this new power relation born due to 42nd
law of preventive detention for reasons connected amendment act and Centre’s encroachment on
with defence, foreign affairs and the security of subjects that were historically under the state list.
India.
Seventh Schedule (Article 246)
Both the Parliament as well as the state
legislatures can concurrently make a law of The Constitution provides a scheme for
preventive detention for reasons connected with demarcation of powers through three ‘lists’ in the
the security of a state, the maintenance of public seventh schedule.
order and the maintenance of supplies and
services essential to the community. The union list details the subjects on which
Parliament may make laws e.g. defence,
History of Preventive Detention laws in India foreign affairs, railways, banking, among
Pre-independence laws- Bengal Regulation III of others.
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The state list details those under the purview following questions for the test for office of
of state legislatures e.g. Public order, police, Profit:
public health and sanitation; hospitals and o Whether the government makes the
dispensaries, betting and gambling etc. appointment;
The concurrent list has subjects in which both o Whether the government has the right to
Parliament and state legislatures have remove or dismiss the holder;
jurisdiction e.g. Education including technical o Whether the government pays the
education, medical education and universities, remuneration;
population control and family planning, o What are the functions of the holder and
criminal law, prevention of cruelty to animals, does he perform them for the government;
protection of wildlife and animals, forests etc. and
o The provision of concurrent list is a o Does the government exercise any control
feature borrowed from the Australian over the performance of those functions
constitution. Further in Jaya Bacchan v. Union of India case
The Constitution also provides federal SC defined it as “an office which is capable of
supremacy to Parliament on concurrent list yielding a profit or pecuniary gain.” thus it is
items i.e. in case of a conflict; a central law not the actual ‘receipt’ of profit but the
will override a state law. ‘potential’ for profit that is the deciding factor
o But there is an exception. If the state law in an ‘office of profit’ case.
has been reserved for the consideration Provisions of Articles 102 and 191 protect a
of the President and has received his legislator occupying a government position if
assent, then the state law prevails in the the office in question has been made immune
state. But it would still be competent for to disqualification by law.
the Parliament to override such a law by Parliament has also enacted the Parliament
subsequently making a law on the same (Prevention of Disqualification) Act, 1959,
matter. which has been amended several times to
Since 1950, the Seventh Schedule of the expand the exempted list of office of profit.
Constitution has seen a number of There is no bar on how many offices can be
amendments. The Union List and Concurrent exempted from the purview of the law.
List have grown while subjects under the
Joint Committee on offices of profit:
State List have gradually reduced.
o The 42nd Amendment Act implemented It consists of 15 members drawn from both the
in 1976, restructured the Seventh houses of Parliament with ten members from
Schedule ensuring that State List subjects Lok Sabha and five members from Rajya Sabha.
like education, forest, protection of wild It examines the composition and character of
animals and birds, administration of the Committees appointed by the Central and
justice, and weights and measurements State Governments and recommends what
were transferred to the Concurrent List. offices should or should not disqualify a person
for being, a member of either House of
1.6. OFFICE OF PROFIT Parliament.
It has defined Office of Profit as:
Why in news? o Whether the holder draws any
President dismissed a petition to disqualify 27 Aam remuneration, like sitting fee, honorarium,
Aadmi Party (AAP) members of the Delhi legislative salary, etc. other than Compensatory
assembly for allegedly holding offices of profit. allowance.
o Whether the body in which an office is
What is Office of Profit? held, exercises executive, legislative or
Articles 102(1) and 191 (1) mention judicial powers or confers powers of
disqualifications on the basis of Office of Profit disbursement of funds, allotments of lands,
in the Parliament and state legislature issue of licences, etc., or gives powers of
respectively. appointment, grant of scholarship, etc.
But it is neither defined in the constitution nor o Whether the body in which an office is held
under Representation of People’s Act. wields influence or power by way of
Supreme Court in Pradyut Bordoloi vs Swapan patronage.
Roy (2001), the Supreme Court outlined the Under article 102 (1) a person shall be disqualified
for being chosen as and for being a member of the
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days after the session. Protection available only in legislative agenda. Private member’s bills are
civil cases and not in criminal cases piloted by non-Minister MPs.
Not liable in court for any speech in parliament
Exempted from jury service when the house is in Introduction in the House
session. The admissibility of a private member’s Bill is
decided by the Presiding Officer. The Member
Committee on Privileges
must give at least a month’s notice before the
Standing committee constituted in each house of
the Parliament/state legislature. Bill can be listed for introduction; the House
Consists of 15 members in Lok Sabha (LS) and 10 secretariat examines it for compliance with
members in Rajya Sabha (RS) to be nominated by constitutional provisions and rules on
the Speaker in LS and Chairman in RS. legislation before listing.
Its function is to investigate the cases of breach of Number of private member’s Bills is capped to
privilege and recommend appropriate action to three per session.
the Speaker/Chairperson. While government Bills can be introduced and
discussed on any day, private member’s Bills
Instances of breach of privileges can be introduced and discussed only on
In 1978, Indira Gandhi faced a motion for breach of
Fridays.
privilege on the basis of observations of excesses
The last time a private member’s Bill was
during emergency (Justice Shah Committee
report). Subsequently, she was expelled from the passed by both Houses was in 1970. This was
house. the Supreme Court (Enlargement of Criminal
Expulsion of Subramanyam Swami from Rajya Appellate Jurisdiction) Bill, 1968. Fourteen
Sabha in 1976 on charges of bringing disrepute to private member’s Bills — five of which were
the Parliament. introduced in Rajya Sabha — have become
Tamil Nadu assembly punished the journalists of law so far.
The Hindu for criticizing the CM in 2003.
Karnataka assembly passed a resolution imposing Committee on Private Members’ Bills and
imprisonment and fines on scribes in 2017. Resolutions: This committee classifies bills and
allocates time for the discussion on bills and
Following procedure is followed in privilege cases resolutions introduced by private members (other
(Privilege motion): than ministers). This is a special committee of the
A notice is moved in the form of a motion by Lok Sabha and consists of 15 members including
any member of either house against those the Deputy Speaker as its chairman. The Rajya
being held guilty of breach of privilege. Sabha does not have any such committee. The
The Speaker/ Rajya Sabha chairperson is the same function in the Rajya Sabha is performed by
first level of scrutiny of a privilege motion. the Business Advisory Committee of that House.
They can take a decision themselves or refer it
to the privileges committee of parliament. 1.9. GOVERNOR
Privilege committee in Parliament as well as in
state legislatures decides upon such cases. 1.9.1. GOVERNOR PARDON POWER
An inquiry is conducted by the committee and Why in news?
based on findings a recommendation is made
to the legislature. Governor’s pardoning power was questioned in
A debate can be initiated on the report in the releasing of seven convicts sentenced to life
House and based on the discussion, the imprisonment in the Rajiv Gandhi assassination
Speaker can order the punishment as defined case.
by the privileges committee. Comparing Pardoning Powers of President and
Governor
1.8. PRIVATE MEMBERS’ BILLS
President (Article 72) Governor (Article 161)
Why in News? He can pardon, reprieve, He can pardon, reprieve,
respite, remit, suspend or respite, remit, suspend or
Various private members bills were introduced in commute the commute the punishment
the Parliament. punishment or sentence or sentence of any person
of any person convicted convicted of any offence
Private Member: Any MP who is not a Minister is
of any offence against a against a state law.
referred to as a private member. Bills introduced
Central law.
by Ministers are referred to as government bills. He can pardon, reprieve, He cannot pardon a death
They are backed by the government and reflect its respite, remit, suspend or sentence. Even if a state
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commute a death law prescribes for death constitutional machinery) and Section 52
sentence. He is the only sentence, the power to (provides for dissolution of assembly) were
authority to pardon a grant pardon lies with the invoked for dissolving the Assembly.
death sentence. President and not the
Views of Supreme court and other commissions
governor. But the
governor can suspend, Supreme Court Judgements:
remit or commute a death o SR Bommai case:
sentence. discretion of Governor does not apply to
He can grant pardon, He does not possess any hung assembly,
reprieve, respite, such power. laid emphasis on floor test in the house
suspension, remission or within 48 hours (although it can be
commutation in respect extended to 15 days) so that legislature
to punishment or should decide the matter and Governor’s
sentence by a court- discretion should merely be a triggering
martial (military court). point.
o Rameshwar Prasad case (2006)
1.9.2. ROLE OF GOVERNOR IN HUNG A Governor cannot shut out post-poll
alliances altogether as one of the ways in
ASSEMBLY
which a popular government may be
Why in news? formed.
Unsubstantiated claims of horse-trading
The role of governor came under question in or corruption in efforts at government
recent Karnataka legislative assembly formation cannot be cited as reasons to
elections. dissolve the Assembly.
Jammu and Kashmir Governor recently Sarkaria Commission
dissolved the State Assembly (which has been The state assembly should not be dissolved unless
in suspended animation) when two political the proclamation is approved by the parliament.
parties separately staked claim to form a The party or combination of parties with widest
government. support in the Legislative Assembly should be
called upon to form the Government.
Constitutional provisions If there is a pre-poll alliance or coalition, it should
Article 164(1) provides for the appointment of be treated as one political party and if such
coalition obtains a majority, the leader of such
chief minister by governor.
coalition shall be called by the Governor to form
o Supreme Court clarified that there is no
the Government.
qualification mentioned in article 164(1) In case no party or pre-poll coalition has a clear
and reading it with collective majority, the Governor should select the CM in the
responsibility in 164(2), the only condition order of preference indicated below:
chief ministerial candidate needs to o The group of parties which had pre-poll
satisfy is that he/she should be alliance commanding the largest number.
commanding majority in the house. o The largest single party staking a claim to form
Article 172 says that every Legislative the government with the support of others.
Assembly of every State, unless sooner o A post-electoral coalition with all partners
joining the government.
dissolved, shall continue for five years.
o A post-electoral alliance with some parties
Article 174 (2) (b) of the Indian Constitution joining the government and the remaining
merely states that the Governor may, from supporting from outside.
time to time, dissolve the Legislative M M Punchhi Commission elaborated that the
Assembly. governor should follow “constitutional conventions” in
Article 356 (“President’s rule”): In case of a case of a hung Assembly. Further, it suggested a
failure of constitutional machinery in State the provision of ‘Localized Emergency’ by which the centre
President, on receipt of report from the government can tackle issue at town/district level
Governor of the State or otherwise, may without dissolving the state legislative assembly
assume to himself the functions of the
Government of the State declare that the 1.10. NATIONAL REGISTER OF
powers of the Legislature of the State shall be
exercisable by or under the authority of CITIZENS (NRC)
Parliament Why in news?
With Respect to J&K Constitution: The
powers under Section 92 (failure of Assam is in process to update its National Register
of Citizens (NRC).
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Brief background
1.11. SPORTS BETTING IN INDIA
To tackle the illegal immigration issue just
after the independence, NRC was first Why in news?
prepared after the Census of 1951. The Law Commission of India submitted a report
The Citizenship Act of 1955 was amended to the government, saying that since it is
after the Assam Accord for all Indian-origin impossible to stop illegal gambling, the only viable
people who came from Bangladesh before option left is to “regulate” gambling in sports.
January 1, 1966 to be deemed as citizens. Betting/Gambling in India
Those who came between January 1, 1966 and
According to Entry 40 of union list of the
March 25, 1971 were eligible for citizenship
Seventh Schedule of the Constitution, the
after registering and living in the State for 10
Parliament has the power to legislate on
years while those entering after March 25,
‘Lotteries organized by the Government of
1971, were to be deported. However, nothing
India as well as the Government of any State’.
much happened over the decades.
The power of the State governments to make
In 2014, the Supreme Court asked the state
laws on gambling can be traced to Entry 34 of
government to update the 1951 NRC in a time-
the state list. Thus, the States have exclusive
bound manner. Present exercise is being
power to make laws on this subject including
conducted under the supervision of the
power to prohibit or regulate gambling etc. in
Supreme Court.
their respective territorial jurisdiction.
Assam Accord 1985 The Public Gambling Act, 1867, prohibits any
It is a Memorandum of Settlement (MoS) signed games of chance and probability except
between representatives of the Government of lotteries. The Act prohibits owning, keeping
India and the leaders of the Assam Movement.
and being found in a common gaming house,
All those foreigners who had entered Assam
however, the Act excludes "games of skill"
between 1951 and 1961 were to be given full
citizenship, including the right to vote; from its ambit.
o Those who had done so after 1971 were to be The Information Technology Act
deported, 2000 prohibits online gambling and the
o Also, the entrants between 1961 and 1971 were punishment for such activities is much more
to be denied voting rights for ten years but serious than for offline gambling operations.
would enjoy all other rights of citizenship. The Lodha committee recommended the
What is NRC? legalisation of betting, except for those
covered by the BCCI and IPL regulations.
It is a list of all bona fide Indian citizens of
Assam, the only state with such a document. 1.12. DEPARTMENT OF OFFICIAL
Other states such as Tripura are also
demanding for NRC.
LANGUAGE
The NRC is being updated as per the Why in news?
provisions of The Citizenship Act, 1955 and
The Citizenship (Registration of Citizens and The first review meeting of the Department of
Issue of National Identity Cards) Rules, 2003. Official Language (an independent Department
It will include persons whose names appear in of the Ministry of Home Affairs) took place to
any of the electoral rolls upto the midnight of discuss the issues related to implementation of
24th March, 1971 or National Register of Hindi language in official work.
Citizens, 1951 and their descendants. Related news
The process of verification involved house-to- Abu Dhabi has recently included Hindi as the third
house field verification, determination of official language used in courts alongside Arabic
authenticity of documents, family tree and English.
investigations in order to rule out bogus It is aimed at helping Hindi Speakers to learn about
litigation procedures, their right and duties without
claims of parenthood, and linkages and
a language barrier, in addition to facilitating
separate hearings for married women.
registration procedures via unified forms.
What next for Excluded people?
According to official figures, UAE has around 2.6
The people have a graded appeals process in the million Indians constituting 30% of population and
order - NRC Seva Kendras, District magistrates, The is the largest expatriate community in the country.
Foreigners’ Tribunals, The Guwahati High Court,
Other than UAE, Fiji also has Hindi as official
The Supreme Court.
language.
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When the Chairman presides over the House, out by the Speaker in the House. A minimum
the Deputy Chairman is like any other ordinary of 50 members have to accept the motion and
member of the House. He can speak in the accordingly, the Speaker will announce the
House, participate in its proceedings and vote date for discussion for the motion.
on any question before the House. The allotted date has to be within 10 days
Like the Chairman, the Deputy Chairman is from the day the motion is accepted.
also entitled to a regular salary and allowance. Otherwise, the motion fails and the member
They are fixed by Parliament and are charged who moved the motion will be informed
on the Consolidated Fund of India. about it.
It need not state the reasons for its adoption
2.3. LOK SABHA in the Lok Sabha.
It can be moved against the entire council of
2.3.1. ETHICS COMMITTEE ministers only.
If it is passed in the Lok Sabha, the council of
Why in news?
ministers must resign from office.
L K Advani has been re-nominated as the chairman
of the Ethics Committee of the Lok Sabha by the 2.4. STATE LEGISLATURE
Speaker.
Ethics Committee 2.4.1. FORMATION OF LEGISLATIVE
This committee was constituted in Rajya COUNCIL
Sabha in 1997 and in Lok Sabha in 2000. It
enforces the code of conduct of members of Why in news?
Parliament. It examines the cases of The Odisha Assembly passed a resolution for
misconduct and recommends appropriate establishing Legislative Council, or Vidhan
action. Thus, it is engaged in maintaining Parishad.
discipline and decorum in Parliament. The Legislative Council (LC)- Procedure for
It can also take suo-moto investigation. Creation/Abolition of LC
The committee consists of not more than 15
The Constitution provides for the abolition or
members in Lok Sabha and 10 members in
creation of legislative councils in states under
Rajya Sabha.
Article 169. Accordingly, the Parliament can
The Chairperson of the committee will be
abolish a legislative council (where it already
nominated by the Presiding Officer of the
exists) or create it (where it does not exist), if
House from among the members of the
the legislative assembly of the concerned
committee.
state passes a resolution to that effect.
2.3.2. NO-CONFIDENCE MOTION IN Such a specific resolution must be passed by
LOK SABHA the state assembly (LA) by a special majority,
that is, a majority of the total membership of
Why in news? the assembly and a majority of not less than
Lok Sabha Speaker recently accepted the no- two-thirds of the members of the assembly
confidence motion moved by the Opposition present and voting.
parties against the government. This Act of Parliament is not to be deemed as
an amendment of the Constitution for the
No-Confidence Motion: Article 75 of the
purposes of Article 368 and is passed like an
Constitution says that the council of ministers
ordinary piece of legislation (i.e. by simple
shall be collectively responsible to the Lok Sabha.
majority).
It means that the Lok Sabha can remove the
ministry from office by passing a no-confidence States with Legislative Council: Currently, seven
motion. states have Legislative Councils. These are Andhra
Other details: Rule 198 of the Rules of Procedure Pradesh, Telangana, Uttar Pradesh, Bihar,
and conduct of Lok Sabha specifies the procedure Maharashtra, Karnataka and Jammu and Kashmir.
for moving a no-confidence motion. Powers of LC vis-a-vis Rajya Sabha
A no-confidence motion can be moved by any
The Rajya Sabha has equal powers with the
member of the House. It can be moved only in
Lok Sabha in all spheres except financial
the Lok Sabha and not Rajya Sabha.
matters and with regard to the control over
The member has to give a written notice of the Government. On the other hand, the
the motion before 10 AM which will be read
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council is subordinate to the assembly in all fixed at 30 and in case of Mizoram and
respects. Thus, the predominance of the Nagaland, it is 40 and 46 respectively.
assembly over the council is fully established. o Further, some members of the legislative
o The final power of passing an ordinary bill assemblies in Sikkim and Nagaland are
lies with the assembly. At the most, the also elected indirectly.
council can detain or delay the bill for the o The governor can nominate one member
period of four months—three months in from the Anglo-Indian community, if the
the first instance and one month in the community is not adequately represented
second instance. In other words, the in the assembly.
council is not a revising body like the The 42nd Amendment Act of 1976 had frozen
Rajya Sabha; it is only a dilatory chamber total number of seats in the assembly of each
or an advisory body. state and the division of such state into
o When an ordinary bill, which has territorial constituencies till the year 2000 at
originated in the council and was sent to the 1971 level. This ban on readjustment has
the assembly, is rejected by the assembly, been extended for up to year 2026 by the 84th
the bill ends and becomes dead. This is Amendment Act of 2001 with the same
not the same for Rajya Sabha. objective of encouraging population limiting
o The council has no effective say in the measures.
ratification of a constitutional The 84th Amendment Act of 2001 also
amendment bill. In this respect also, the empowered the government to undertake
will of the assembly prevails over that of readjustment and rationalisation of territorial
the council. In similar case, Rajya Sabha constituencies in a state on the basis of the
has equal powers to Lok Sabha. population figures of 1991 census. Later, the
o Finally, the very existence of the council 87thAmendment Act of 2003 provided for the
depends on the will of the assembly. The delimitation of constituencies on the basis of
council can be abolished by the 2001 census and not 1991 census. However,
Parliament on the recommendation of the this can be done without altering the total
assembly. However, Rajya Sabha does not number of seats in the assembly of each state.
depend upon the will of Lok Sabha for its Thus, under the current provision, such an
existence. exercise can be undertaken only after the
Census 2021 gets published in 2026. The
2.4.2. STRENGTH OF LEGISLATIVE Representation of People Act too will have to
ASSEMBLIES be tweaked to legitimize alteration in the size
of the assemblies.
Why in news?
The Union home ministry has taken up a 2.5. LOCAL GOVERNANCE
proposal to increase the strength of the
Andhra Pradesh and Telangana assemblies. 2.5.1. EDUCATION AS A CRITERIA FOR
There has been proposal to increase the
LOCAL ELECTIONS
Assembly seats in Sikkim from 32 to 40.
Constitutional Provision Why in News?
Article 170 provides for the composition of Rajasthan Government has scrapped education
Legislative Assemblies. To increase the criteria for Panchayati Raj elections.
composition of legislative assembly, the
Background
Parliament will have to amend Article 170 of
the Constitution. Under Rajasthan Panchayati Raj (Second
o The legislative assembly consists of Amendment) Act, 2015 it was made
representatives directly elected by the mandatory for people contesting zila
people on the basis of universal adult parishad, panchayat samiti and municipal
franchise. Its maximum strength is fixed elections to have passed Class 10.
at 500 and minimum strength at 60. SC in its judgement had held that the Right to
o It means that its strength varies from 60 Contest is neither fundamental rights, nor
to 500 depending on the population size merely statutory rights, but are Constitutional
of the state. Rights. Further, the Right to Contest can be
o However, in case of Arunachal Pradesh, regulated and curtailed through laws passed
Sikkim and Goa, the minimum number is by the appropriate legislature.
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3. CENTRE-STATE RELATION
o Any other matter referred to it by the
3.1. THE 15TH FINANCE president in the interests of sound
COMMISSION finance.
Advisory Role of FC: The recommendations
Why in news?
made by the FC are only of advisory nature
The Southern states are protesting against the and hence, not binding on the government. It
Term of Reference of the 15th Finance is up to the Union government to implement
Commission (FC-15). its recommendations on granting money to
the states.
About Finance Commission
Composition of FC-15
Constitutional Provisions related to FC: The FC-15 was constituted on November 27, 2017
Article 280 of the Constitution of India and is headed by former Revenue Secretary and
provides for a Finance Commission as a quasi- former Rajya Sabha MP N.K. Singh. The panel also
judicial body. It is constituted by the president includes Shaktikanta Das and Anoop Singh. Dr.
of India every fifth year or at such earlier time Ashok Lahiri and Dr. Ramesh Chand are the part
as he considers necessary. time members of the FC-15.
Composition: The Finance Commission Some provisions of Terms of Reference: The
consists of a chairman and four other Commission may consider proposing measurable
members to be appointed by the president. performance-based incentives for States, at the
Finance Commission Act, 1951 has specified appropriate level of government, in following areas:
the qualifications of the chairman and Efforts made by the States in expansion and
members of the commission. The chairman deepening of tax net under GST;
should be a person having experience in Efforts and Progress made in moving towards
public affairs and the four other members replacement rate of population growth;
Achievements in implementation of flagship
should be selected from amongst the
schemes of Government of India, disaster resilient
following: infrastructure, sustainable development goals,
o A judge of high court or one qualified to and quality of expenditure;
be appointed as one. Progress made in increasing capital expenditure,
o A person who has specialised knowledge eliminating losses of power sector, and improving
of finance and accounts of the the quality of such expenditure in generating
government. future income streams;
o A person who has wide experience in Progress made in increasing tax/non-tax revenues,
financial matters and in administration. promoting savings by adoption of Direct Benefit
o A person who has special knowledge of Transfers and Public Finance Management
System, promoting digital economy and removing
economics.
layers between the government and the
Functions of FC: The Finance Commission is beneficiaries;
required to make recommendations to the Progress made in promoting ease of doing
President of India on the following matters: business by effecting related policy and regulatory
o The distribution of the net proceeds of changes and promoting labour intensive growth;
taxes to be shared between the Centre Provision of grants in aid to local bodies for basic
and the states, and the allocation services, including quality human resources, and
between the states of the respective implementation of performance grant system in
shares of such proceeds. improving delivery of services;
o The principles that should govern the Control or lack of it in incurring expenditure on
grants-in-aid to the states by the Centre populist measures; and
Progress made in sanitation, solid waste
(i.e., out of the consolidated fund of
management and bringing in behavioural change
India). to end open defecation.
o The measures needed to augment the The Commission shall use the population data of
consolidated fund of a state to 2011 while making its recommendations.
supplement the resources of the The Commission shall make its report available by 30th
panchayats and the municipalities in the October 2019, covering a period of five years
state on the basis of the commencing 1st April, 2020.
recommendations made by the state
finance commission.
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Some Major Issues raised with ToR Organisational Structure of Zonal Councils:
Usage of 2011 census data – Even 14th FC used the Chairman - The Union Home Minister is the
2011 census population data along with 1971 census
Chairman of each of these Councils.
data and allocated 10 percent weight to 2011
population.
Vice Chairman - The Chief Ministers of the
o 14th FC also gave weightage to forest cover, States included in each zone act as Vice-
area of state and income distance. Zero Chairman of the Zonal Council for that zone
weightage was given to fiscal discipline. by rotation, each holding office for a period of
Considering the impact of increased unconditional one year at a time.
tax devolution to states from 32% to 42%. Members- Chief Minister and two other
suggesting that the higher devolution is Ministers as nominated by the Governor from
incompatible with the Centre’s financial need to each of the States and two members from
fund development. Union Territories included in the zone.
Incentivising states for “efforts and progress
Union Ministers are also invited to participate
made in moving towards replacement rate of
population growth”, thus, rendering most states
in the meetings of Zonal Councils depending
ineligible for incentives. upon necessity.
West Bengal hosted the 23rd meeting of the Cabinet approved repositioning of North Eastern
Eastern Zonal Council presided over by Union Council
Home Minister. Role and functioning of North Eastern Council
About Zonal Councils It is a statutory advisory body established
The Zonal Councils are statutory bodies under the North Eastern Council Act, 1971, as
established under States Reorganisation Act, amended in 2002.
1956. It is the apex level nodal agency for the
The act divided the country into five zones economic and social development of the
(Northern, Central, Eastern, Western and North Eastern Region.
Southern) and provided a zonal council for Organisation structure includes
each zone. o Ex-officio Chairman – Union Home
The main objectives of setting up of Zonal Minister (earlier it was Ministry of DoNER)
Councils are as under: o Vice Chairman - Minister of State
o Bringing out national integration; (Independent Charge), Ministry of DoNER
o Arresting the growth of acute State o Members - Governors and Chief Ministers
consciousness, regionalism, linguism and of all the eight States and 3 members
particularistic tendencies; nominated by President.
o Enabling the Centre and the States to co- It is mandated to function as a Regional
operate and exchange ideas and Planning Body for the North Eastern Region.
experiences; While formulating the regional plans, it needs
o Establishing a climate of co-operation to give priority to schemes and projects,
amongst the States for successful and benefitting two or more States, provided that
speedy execution of development in case of Sikkim, the Council shall formulate
projects. specific projects and schemes for that State.
Each zonal council is an advisory body and
may discuss and make recommendations on 3.4. INTER STATE COUNCIL (ISC)
matters like economic and social planning,
Why in news?
linguistic minorities, border disputes, inter-
state transport, and so on. The standing committee of the Inter-State Council
The North Eastern States (Assam, Arunachal (ISC) completed deliberations on
Pradesh, Manipur, Tripura, Mizoram, recommendations of the Punchhi Commission.
Meghalaya, Nagaland and Sikkim) are not About ISC
included in the Zonal Councils and their Article 263 of the constitution provides for
special problems are looked after by the the establishment of an Inter-State Council
North Eastern Council. (ISC).
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It was set up on the recommendation of At the core of NITI Aayog’s creation are two
Sarkaria Commission by a Presidential Order hubs which reflect the two key tasks of the
in 1990. Aayog:
It is a recommendatory body on issues o The Team India Hub leads the
relating to inter-state, Centre–state and engagement of states with the Central
Centre–union territories relations. It aims at government
promoting coordination between them by o The Knowledge and Innovation Hub
examining, discussing and deliberating on builds NITI’s think-tank capabilities.
such issues.
Major initiatives associated with NITI Aayog
It is not a permanent constitutional body. Atal Innovation Mission
It can be established 'at any time' if it appears Sustainable Action for Transforming Human Capital
to the President that the public interests Ek Bharat Shrestha Bharat
would be served by its establishment. District Hospital Index
Organisation structure includes: Digital Transformation Index
o Prime minister as the Chairman School Education Quality Index
o Chief ministers of all the states SDG India Index
o Chief ministers of union territories State Human Development Report
having legislative assemblies NITI Forum for North East
o Administrators of union territories not Women Entrepreneurship Platform
having legislative assemblies Agricultural Marketing and Farmer Friendly
o Six Central cabinet ministers, including Reforms Index
the home minister, to be nominated by About the Governing Council of NITI Aayog
the Prime Minister.
The Presidential Order of 1990 has been Composition: The Governing Council of NITI
amended twice to provide for Governor of a Aayog comprises the Prime Minister
State under President’s rule to attend the (Chairperson), Chief Ministers of all the States
meeting of the Council and nomination by the and Union Territories with Legislatures and Lt.
Chairman of permanent invitees from Governor of Andaman and Nicobar Islands,
amongst the other Union Ministers, and four Union Ministers as ex-officio
respectively. members and three Union Ministers as Special
There is also a Standing Committee of the Invitees. Also included are the members of
Council for continuous consultation and the NITI Aayog.
processing of matters for the consideration of It is the apex body of NITI Aayog tasked with
the Council. It consists of the following evolving a shared vision of national
members: development priorities, sectors and
o Union Home Minister as the Chairman strategies with the active involvement of
o Five Union Cabinet Ministers States in shaping the development narrative.
o Nine Chief Ministers The Governing Council, which embodies these
objectives of cooperative federalism, presents
3.5. NITI AAYOG a platform to discuss inter-sectoral, inter-
departmental and federal issues in order to
Why in news? accelerate the implementation of the national
The fourth meeting of NITI Aayog’s governing development agenda, in the spirit of Ek
council began with main agenda of deliberating Bharat Shrestha Bharat.
upon measures taken to double farmers’ income
and the progress of government’s flagship 3.6. STATEHOOD FOR DELHI
schemes.
Why in news?
About NITI Aayog
The National Institution for Transforming The Delhi government has decided to give
India, also called NITI Aayog, was formed via a another push to its demand for full statehood to
resolution of the Union Cabinet on January 1, Delhi with a public campaign.
2015. It replaced the erstwhile Planning Special Provision for Delhi
Commission.
It is the premier policy ‘Think Tank’ of the The 69th Constitutional Amendment Act of
Government of India, providing both 1991 provided a special status to the Union
directional and policy inputs. Territory of Delhi, and redesignated it as the
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4. JUDICIARY
will advise the President in the matter of
4.1. SUPREME COURT appointment.
COLLEGIUM
4.2. CHIEF JUSTICE OF INDIA
Why in news?
There have been new appointments to Supreme Why in news?
Court. On various occasions the Supreme Court
Appointment to Higher Judiciary reiterated the authority of the Chief Justice of
India to be first among the equals.
The appointment of the judges in the
Supreme Courts and the High Courts is done Appointment Procedure
by the President of India and the powers are Appointment to the office of the Chief Justice
given to him under Articles 124(2) and 217 of of India should be of the senior-most Judge of
the Indian Constitution. the Supreme Court considered fit to hold the
Collegium System: It is the system of office. The Minister of Law and Justice would
appointment and transfer of judges that has seek the recommendation of the outgoing
evolved through judgments of the Supreme Chief Justice of India for the appointment of
Court, and not by an Act of Parliament or by a the next Chief Justice of India.
provision of the Constitution.
Administrative Position of Chief Justice of India
The Supreme Court collegium is headed by
(CJI)
the Chief Justice of India and comprises four
other senior most judges of the court. A High Seat of the Supreme Court (Article 130): The
Court collegium is led by its Chief Justice and Constitution declares Delhi as the seat of the
four other senior most judges of that court. Supreme Court. But, it also authorises the
Names recommended for appointment by a chief justice of India to appoint other place or
High Court collegium reaches the government places as seat of the Supreme Court. He can
only after approval by the CJI and the take decision in this regard only with the
Supreme Court collegium. approval of the President.
Government’s role in Judicial Appointment: Ad hoc Judge (Article 127): When there is a
Judges of the higher judiciary are appointed lack of quorum of the permanent judges to
only through the collegium system — and the hold or continue any session of the Supreme
government has a role only after names have Court, the Chief Justice of India can appoint a
been decided by the collegium. judge of a High Court as an ad hoc judge of
o The government’s role is limited to the Supreme Court for a temporary period. He
getting an inquiry conducted by the can do so only after consultation with the
Intelligence Bureau (IB) if a lawyer is to be chief justice of the High Court concerned and
elevated as a judge in a High Court or the with the previous consent of the president.
Supreme Court. Retired Judges (Article 128): At any time, the
o It can also raise objections and seek chief justice of India can request a retired
clarifications regarding the collegium’s judge of the Supreme Court or a retired judge
choices, but if the collegium reiterates the of a high court (who is duly qualified for
same names, the government is bound, appointment as a judge of the Supreme
under Constitution Bench judgments, to Court) to act as a judge of the Supreme Court
appoint them as judges. for a temporary period. He can do so only
Procedure to appointment: As per the rules, with the previous consent of the president
the Chief justice of India (CJI) in consultation and also of the person to be so appointed.
with four top-most judges recommend the As per Supreme Court Rules, assignment of
elevation of high court judges to the apex cases had to be done by CJI. The Supreme
court. The CJI then needs to submit this Court Rules are framed by the Supreme Court
recommendation to the Central government in exercise of powers under Article 145 of the
as part of the record. After receipt of the final Constitution.
recommendation of the CJI, the Minister of Freedom to Appoint its Staff (Article 146):
Law and Justice will put up the The Chief Justice of India can appoint officers
recommendation to the Prime Minister who and servants of the Supreme Court without
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5. ELECTION
Secure against post-manufacturing
5.1. ELECTRONIC VOTING tampering: The machines with self-
MACHINE (EVM) diagnostics shut down automatically in case
of tampering.
Why in news?
There are also various procedural checks and
Recently, there have been controversies balances (Standard Operating Procedure) like
surrounding EVMs regarding their safety feature. functional checks, trial run, random allocation,
multi-stage testing, dry run and safe & secure
About Electronic Voting Machine (EVM)
storage post voting, included for ensuring
An EVM consists of a "control unit" and a free and fair elections.
"balloting unit". The control unit is with the
Election Commission-appointed polling officer; the Related Information
balloting unit is in the voting compartment into Voter Verifiable Paper Audit Trail (VVPAT)
where voter casts her vote in secret VVPATs are an independent verification system
It runs on a single alkaline battery fitted in the designed to allow voters to verify that their votes
control unit, and can even be used in areas that were cast correctly, to detect possible election
have no electricity. fraud/malfunction and to provide a means to audit
They are manufactured by Electronics Corporation the stored results in case of disputes.
of India Limited (ECIL) and Bharat Electronics In VVPATs, a paper slip is generated bearing serial
Limited (BEL). number, name and symbol of the candidate along
History of EVMs in Indian Elections with recording of vote in CU. The printed slip is
visible (for 7 seconds) in a viewing window
EVMs were 1st used in 1982 Kerala Assembly attached to BU in voting compartment.
elections (by-election). In Subramaniam Swamy vs ECI (2013), SC said
However, SC struck down the election VVPAT is necessary for transparency in voting and
since Representation of People Act, 1951, and must be implemented by ECI. In General Elections
Conduct of Elections Rules, 1961, did not allow use 2019, VVPATs will be used in all the constituencies.
of EVMs.
RP Act 1951 was amended in 1988 to allow usage of 5.2. DELIMITATION COMMISSION
EVMs.
In 1999, they were used for the 1st time in the Why in news?
entire state for Goa Legislative Assembly elections.
In 2004, EVMs were used for the 1st time in Lok The Supreme Court has issued notices to the
Sabha elections. Delimitation Commission of India (DCI), the
Election Commission of India (ECI), the Centre and
Safety Features within EVMs others on a petition seeking proportional
Non-reprogrammable: It consists of an representation in the Legislative Assembly for
integrated circuit (IC) chip that is one time Limboo and Tamang Scheduled Tribes of Sikkim.
programmable (software burnt at the time of Delimitation Act, 2002
manufacturing) and cannot be
Articles 82 and 170 of the Constitution of India
reprogrammed.
provide for readjustment and the division of
No external communication: Indian EVMs are
each State into territorial constituencies
standalone machines. They are not networked
(Parliamentary constituencies and Assembly
by any wired or wireless system.
constituencies) on the basis of the 2001
Secure Source Code: Software and source
census by such authority and in such manner
code developed in-house by selected group of
as Parliament may, by law, determine.
engineers in BEL and ECIL.
Therefore, the Delimitation Act, 2002, was
It allows a voter to cast the vote only once.
enacted to set up a Delimitation Commission
The next vote can be recorded only after
for the purpose of effecting delimitation
Presiding Officer enables the ballot on CU.
based on the 2001 census.
Time stamping of votes: EVMs are installed
o Delimitation commissions were set up in
with real time clock, full display system and
1952 (1951 census), 1962 (1961 census),
time-stamping of every key pressing so there
1972 (1971 census) and 2002 (2001 census)
is no possibility of system generated/latent
Procedure and powers of the Commission
votes.
o The Commission shall determine its own
procedure and shall, in the performance
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of its functions, have all the powers of a members of armed police force of a State and
civil court under the Code of Civil serving outside that state
Procedure, 1908. persons who are employed by GoI in a post outside
o If there is a difference of opinion among India.
the members, the opinion of the majority Proxy Voting in India
shall prevail. Voting in an Indian election can be done in three
o The Commission shall cause each of its ways-
orders w.r.t delimitation of constituencies o in person
to be published in the Gazette of India o by post
and in the Official Gazettes of the States o and, through a proxy.
concerned and simultaneously cause such Under proxy voting, a registered elector can
delegate his voting power to a representative.
orders to be published at least in two
This was introduced in 2003 for elections to the
vernacular newspapers and publicize on Lok Sabha and Assemblies, but on a limited scale.
radio, television and other possible media A “classified service voter” is allowed to nominate
available to the public. a proxy to cast vote on his behalf in his absence.
o Upon publication in the Gazette of India, However, a service voter can also vote by postal
every such order shall have the force of ballot.
law and shall not be called in question in Recently, the Lok Sabha passed the
any court. As soon as may be after such Representation of the People (Amendment) Bill,
publication, every such order shall be laid 2017 to allow for the proxy voting by the Non-
before the House of the People and the Residential Indians through amendment in Section
Legislative Assemblies of the States 60 (special procedure for voting by certain classes
of persons).
concerned.
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7. IMPORTANT LEGISLATIONS/BILLS
India for which they may submit the application to
7.1. CITIZENSHIP AMENDMENT the Indian Mission/ Post/ FRRO concerned).
BILL Exemption from registration with Foreigners
Regional Registration Officer (FRRO) or Foreigners
Why in news? Registration Officer (FRO) for any length of stay in
The Citizenship (Amendment) Bill 2016 which India.
recently lapsed saw opposition from various Parity with Non-Resident Indians (NRIs)
o in respect of all facilities available to them in
quarters of the country.
economic, financial, and educational fields
The Citizenship Act, 1955 except in matters relating to the acquisition of
It provides for acquisition of citizenship by birth, agricultural or plantation properties.
descent, registration, naturalization and by o in the matter of inter-country adoption of
incorporation of territory into India. Indian children.
The Act prohibits illegal migrants from acquiring Treated at par with resident Indian nationals in the
Indian citizenship. It defines an illegal migrant as a
matter of tariffs in air fares in domestic sectors in
foreigner: (i) who enters India without a valid
India.
passport or travel documents, or (ii) stays beyond the
permitted time. Charged the same entry fee as domestic Indian
It regulates registration of Overseas Citizen of India visitors to visit national parks and wildlife
Cardholders (OCIs), and their rights. sanctuaries in India.
It allows central government to cancel the A person registered as an OCI Cardholder is eligible
registration of OCIs on grounds such as fraudulent to apply for grant of Indian citizenship under
registration, imprisonment for more than 2 section 5(1) (g) of the Citizenship Act, 1955 if
years within 5 years of registration, sovereignty & he/she is registered as OCI Cardholder for five
security of the country etc. years and is ordinarily resident in India for twelve
Provisions of the Bill months before making an application for
registration.
Definition of Illegal Migrants: The Bill amends Restrictions for OCI card holders
the Citizenship Act, 1955 to provide that The OCI Cardholder is not entitled to vote, be a
‘persecuted’ non-Muslim minorities (Hindu, member of Legislative Assembly or Legislative
Sikh, Buddhist, Jain, Parsi & Christian Council or Parliament, cannot hold Constitutional
communities) from Pakistan, Afghanistan and posts such as President, Vice President, Judge of
Bangladesh, who have arrived in India on or Supreme Court or High Court etc.
before December 31, 2014 & living in India The OCI Cardholder shall not be entitled for
appointment to public services and posts in
without valid travel documents to obtain
connection with the affairs of the Union or of any
Indian citizenship, will not be treated as illegal State except for appointment in such services and
migrants. However, to get this benefit, they posts as the Central Government may, by special
must also be exempted from provisions of the order, in that behalf, specify.
Passport (Entry into India) Act, 1920, and the Further, the OCI Cardholder cannot acquire
Foreigners Act, 1946 by the central agricultural or plantation properties in India.
government.
Citizenship by naturalization: The amendment 7.2. ENEMY PROPERTY ACT
reduces the aggregate period of residential
qualification for acquiring citizenship by Why in News?
naturalization from 11 years to 6 years, along The Union Cabinet has approved the mechanism
with continuous stay for last 12 months. and procedure for sale of the enemy shares.
Cancellation of registration of Overseas Details
Citizens of India (OCIs): Bill adds one more
provision for cancellation of registration of To administer the enemy property seized
OCIs for violation of any law in the country. during the wars, the government enacted the
Enemy Property Act in 1968.
Related News – Calls for full citizenship to OCI card The act defines "Enemy property" refers to
holders, merger of Person of India Origin (PIO) and any property belonging to, held or managed
OCI cards
on behalf of an enemy, an enemy subject or
The benefits of OCI cards an enemy firm.
Multiple entry lifelong visa for visiting India for o The Defence of India Acts defined an
any purpose (However OCI Cardholders will require ‘enemy’ as a country that committed an
a special permission to undertake research work in act of aggression against India.
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The Enemy Property Act laid down the transactions where i) a transaction been made
powers of the Custodian of Enemy Property under a fictitious name; ii) the owner is not
of India (CEPI) for management and aware or denies knowledge of the ownership
preservation of the enemy properties. of the property; iii) the person providing the
o CEPI has been established under the property is not traceable.
Ministry of Home Affairs and is The key changes that will ensure transparency
empowered to appropriate property in is the introduction of four authorities —
India owned by Pakistani nationals under Initiating Officer, Approving Authority,
Defence of India Act. Administrator, and Adjudicating Authority —
o Under the recently approved the who will conduct investigations and inquiries
mechanism and procedure it has been on Benami transactions. An Appellate Tribunal
given powers for sale of enemy shares. will hear appeals passed by the Adjudicating
Department of Investment and Public Asset Authority, and these in turn will be heard by
Management (DIPAM) has been authorized the High Court.
under the provisions of the Enemy Property The act mandates the Central Government in
Act to sell the enemy properties. consultation with the Chief Justice of
Sale proceeds are to be deposited as respective High Court to designate one or
disinvestment proceeds in the Government more courts of session as Special Court for
Account maintained by Ministry of Finance. trial of offence punishable under it. The
A recent amendment to the Enemy Property special court has to complete the trial within
(Amendment and Validation) Act, 2017, six months from the date of complaint filing.
ensures the heirs of those who migrated to Recent actions taken
Pakistan and China during Partition and The Union Cabinet has approved the
afterwards will have no claim over the appointment of Adjudicating Authority and
properties left behind in India. establishment of Appellate Tribunal under
Prohibition of Benami Property Transactions
7.3. PROHIBITION OF BENAMI Act (PBPT), 1988.
PROPERTY TRANSACTIONS ACT Appointment of the Adjudicating Authority
would provide first stage review of
Why in news? administrative action under the PBPT Act.
The central government has notified Sessions Establishment of the proposed Appellate
courts in 34 states and Union Territories, which Tribunal would provide an appellate
will act as special courts for trial of offences under mechanism for the order passed by the
the Benami Transaction Law. Adjudicating Authority under the PBPT Act.
Benami Transactions Informants Reward Scheme, 2018
This new scheme has been initiated by the Income 7.4. FUGITIVE ECONOMIC
Tax Department with the objective of obtaining
people’s participation in the Income Tax
OFFENDERS BILL (FEOB), 2018
Department’s efforts to unearth black money and
Why in news?
to reduce tax evasion.
President recently gave his assent to the Fugitive
A person can get reward up to Rs. One crore for
giving specific information in prescribed manner
Economic Offenders Bill (FEOB) ,2018.
about benami transactions and properties as well Salient Features of the Act
as proceeds from such properties which are The Act allows for a person to be declared as
actionable under Benami Property Transactions a fugitive economic offender (FEO) if:
Act, 1988, as amended by Benami Transactions o an arrest warrant has been issued against
(Prohibition) Amendment Act, 2016. him for any specified offences where the
Foreigners will also be eligible for such reward. value involved is over Rs 100 crore, and
Identity of the persons giving information will not o he has left the country and refuses to
be disclosed and strict confidentiality shall be return to face prosecution.
maintained.
It extends not only to loan defaulters and
Provisions of the Benami Transaction Law fraudsters, but also to individuals who violate
The 1988 Act as amended in 2016, defines a laws governing taxes, black money, benami
benami transaction as a transaction where a properties and financial corruption.
property is held by or transferred to a person, The Enforcement Directorate (ED) will be the
but has been provided or paid by another apex agency to implement the law.
person. The definition also includes property
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To declare a person an FEO, an application will by the Central and State Government.
be filed in a Special Court (designated under The act shifted the burden of proof from
the Prevention of Money-Laundering Act, prosecution to the accused.
2002) containing details of the properties to The ‘public servant’ as per the definition includes
be confiscated, and any information about the any person in service of a government and in the
pay of the government, or its department, its
person's whereabouts.
companies or any undertaking or control of the
The Special Court will require the person to government.
appear at a specified place at least six weeks MPs and MLAs have been kept out of this act.
from issue of notice. Proceedings will be If the offences against the public servant have
terminated if the person appears. been proved, it is punishable with imprisonment of
The Act allows authorities to provisionally not less than six months which may extend upto
attach properties of an accused, while the five years.
application is pending before the Special Brief background
Court. Currently, offences related to corrupt
Upon declaration as an FEO, properties of a practices of public officials are regulated by
person may be confiscated and vested in the the Prevention of Corruption Act, 1988.
central government, free of encumbrances In 2011, India ratified the United Nations
(rights and claims in the property). Convention against Corruption, and agreed to
Those classified as fugitives will also not be bring its domestic laws in line with the
able to pursue any civil cases in India unless Convention that covers giving and taking a
they come back to India and face prosecution. bribe, illicit enrichment and possession of
disproportionate assets by a public servant as
7.5. PREVENTION OF offences, addresses bribery of foreign public
CORRUPTION (AMENDMENT) officials, and bribery in the private sector.
United Nations Convention against Corruption
ACT, 2018 It is the only legally binding universal anti-
corruption instrument.
Why in News?
It covers five main areas: preventive measures,
Parliament has passed the Prevention of criminalization and law enforcement, international
Corruption (Amendment) Act, 2018, which cooperation, asset recovery, and technical
amends the archaic Prevention of Corruption Act, assistance and information exchange.
1988. It covers many different forms of corruption, such
Prevention of Corruption Act 1988 as bribery, trading in influence, abuse of functions,
The act extends to whole of India except Jammu and various acts of corruption in the private sector.
and Kashmir.
Under this Act special judges were to be appointed
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10. MISCELLANEOUS
Eligibility: All types of cooperatives in
10.1. YUVA SAHAKAR- operation for at least one year and having
COOPERATIVE ENTERPRISE positive net-worth are eligible.
SUPPORT AND INNOVATION About NCDC
SCHEME It is the sole statutory organisation (under
Why in News? Ministry of Agriculture & Farmers Welfare)
functioning as an apex financial and
Union Agriculture Minister launched National developmental institution exclusively devoted
Cooperative Development Corporation (NCDC)’s to cooperative sector.
new scheme ‘Yuva Sahakar-Cooperative It strengthens and promotes programmes
Enterprise Support and Innovation Scheme’. across sectors relating to agriculture and
Cooperatives in India allied fields like dairy, poultry, livestock,
fisheries, cotton ginning and spinning, sugar
The 97thConstitutional Amendment Act of 2011 gave a
constitutional status and protection to co-operative
and notified services like hospitality,
societies. It made the following three changes in the transport, rural housing, hospitals/health core
constitution: etc.
It made the right to form co-operative societies a
fundamental right (Article 19(1)(c)). 10.2. INDIA URBAN DATA
It included a new Directive Principle of State EXCHANGE (IUDX)
Policy on promotion of cooperative societies
(Article 43-B). Why in News?
It added a new Part IX-B “The Cooperative
Societies” (Articles 243-ZH to 243-ZT) which Ministry of Housing and Urban Affairs has begun
contains the following provisions: the development of Indian Urban Data Exchange
o The state legislature may make provisions for (IUDX) for the Smart Cities Mission.
the incorporation, regulation and winding-up
of co-operative societies based on the More on news
principles of voluntary formation, democratic
member control, member-economic India Urban Data Exchange is a platform
participation and autonomous functioning. intended to facilitate easy and efficient
o The board shall consist of such number of exchange of data among various
directors as may be provided by the state stakeholders of Smart Cities by
legislature. But, the maximum number of interconnecting disparate urban data
directors of a co-operative society shall not
platforms and enabling co-creation and
exceed twenty-one.
o The state legislature shall provide for the
innovation.
reservation of one seat for the Scheduled Smart Cities Mission aims to develop 100
Castes or the Scheduled Tribes and two seats citizen-friendly and sustainable cities using
for women on the board of every co-operative technological solutions across the country.
society having members from such a category o The mission will spend over Rs 16,000
of persons. crore — 8 percent of the total Rs 2.04
About Yuva Sahakar lakh crore investment — on information
technology
Purpose: To cater to the needs and o After digitising municipal operations, such
aspirations of the youth, attracting them to as waste flow, water supply, traffic
cooperative business ventures. It would patterns, and surveillance systems, the
encourage cooperatives to venture into new aim is to feed all data into an Integrated
and innovative areas. Command and Control Center (ICCC).
CSIF fund: The scheme will be linked to a Open Smart Cities of India (OSCI), a non-
‘Cooperative Start-up and Innovation Fund profit, start-up company with central and
(CSIF)’ created by the NCDC with an annual state government officials, Smart City
outlay of Rs 100 crore and it has special officials, researchers, and industry players to
incentive for cooperatives of North Eastern set up and scale IUDX, is also proposed.
region, Aspirational Districts and cooperatives
with women/SC/ST/PwD members.
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The Tata Trusts and the World Council on City 10.5. CENTRE FOR RESEARCH
Data (WCCD) have established a major AND PLANNING
partnership for the Initiative.
It aims to help “participating cities to achieve The Supreme Court’s in-house think-tank,
WCCD ISO 37120 city data certification. Centre for Research and Planning, was
It was launched in 2016 with three cities – recently unveiled by the Chief Justice of India.
Pune, Surat and Jamshedpur – the first Indian Its main mandate would be to carry out
cities to achieve WCCD ISO 37120 Certification. cutting-edge research into fundamental
It contributes to improved infrastructure jurisprudence and doctrines of law.
services, inclusive prosperity and quality of life
for millions of Indian urban citizens 10.6. DRAFT CAPE TOWN
About WCCD certification CONVENTION BILL, 2018
This certification is the first international Recently the Ministry of Civil Aviation
standard published for globally-comparable released the draft Bill that seeks to implement
city data, providing a comprehensive set of the Cape Town Convention (Convention on
indicators to measure a city’s social, economic International Interests in Mobile Equipment),
and environmental performance in relation to and Protocol (Protocol to the Convention on
other cities. Matters Specific to Aircraft Equipment) in
It employs 100 indicators spanned across 17 India.
themes ranging from economy education, The Cape Town Convention was adopted in
environment to health, safety and fire & 2001under the joint auspices of International
emergency response. Civil Aviation Organisation (ICAO) and
WCCD Certification levels (Aspirational, International Institute for the Unification of
Bronze, Silver, Gold, Platinum) are based on Private Law (UNIDROIT).
the number of indicators reported by the city. The Convention is general in nature and is
Once a city is ISO 37120 certified, they are meant to be applied to three sectors, viz.
included in WCCD’s Global Cities Registry. Aviation, Railways and Space Equipment.
The data pertaining to the city is then India became a party to the convention/
available on WCCD’s Open City Data Portal Protocol in July, 2008. As of 2016, there are 65
and can be accessed by civic bodies, state and Parties to the Convention.
central authorities, international bodies and The International Civil Aviation Organization
the public. It is a UN specialized agency, established by States
The World Council on City Data (WCCD) in 1944 to manage the administration and
It is the global leader in standardized city data - governance of the Convention on International
creating smart, sustainable, resilient, and Civil Aviation (Chicago Convention).
prosperous cities. It aims to reach consensus on international civil
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