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Legal & Constitutional Current Affairs [PDF E-

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Legal & Constitutional Current Affairs [PDF E-Book / 1 Year]
Contents
......................... .. ........ ......... ......... . .................................................
Jammu & Kashmir Legislative Council abolished ...................................................................................................................................................... 3
Four new Supreme Court judges appointed, strength now 34 ............................................................................................................................. 3
Bar Council of India imposes 3-year moratorium on opening of new law colleges ........................................................................................ 4
Parliament passes Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019 .............................................................. 4
Rajya Sabha passes National Institute of Design (Amendment) Bill, 2019 ......................................................................................................... 5
Lok Sabha passes Transgender Persons (Protection of Rights) Bill, 2019 .......................................................................................................... 5
Lok Sabha adjourned sine die ....................................................................................................................................................................................... 6
Lok Sabha passes Supreme Court (Number of Judges) Amendment Bill, 2019 .............................................................................................. 6
Lok Sabha passes The Surrogacy (Regulation) Bill, 2019 ...................................................................................................................................... 7
J&K Reorganisation Bill 2019 passed in Rajya Sabha ............................................................................................................................................... 8
Parliament passes Unlawful Activities (Prevention) Amendment Bill, 2019 ....................................................................................................... 9
Parliament passes Repealing and Amending Bill, 2019 ........................................................................................................................................... 9
Jallianwala Bagh National Memorial (Amendment) Bill, 2019 passed by Lok Sabha .................................................................................... 10
Parliament passes Protection of Children from Sexual Offences (Amendment) Bill, 2019 ........................................................................... 10
Cabinet approves increasing strength of Supreme Court Judges ......................................................................................................................... 11
Parliament passes Companies (Amendment) Bill, 2019 ......................................................................................................................................... 11
Parliament passes Muslim Women (Protection of Rights on Marriage) Bill, 2019 .......................................................................................... 11
Andhra Pradesh passes Bill for 75% jobs to locals in factories ............................................................................................................................ 12
Lok Sabha passes Right to Information (Amendment) Bill, 2019 ....................................................................................................................... 12
Lok Sabha passed Protection of Human Rights (Amendment) Bill 2019 ......................................................................................................... 13
Central Universities (Amendment) Bill, 2019 passed by Parliament .................................................................................................................. 14
Cabinet approves setting up of National Medical Commission replacing MCI ............................................................................................... 14
Cabinet approves extension of term of 15th Finance Commission ..................................................................................................................... 15
Newly Appointed Governors of Chattisgarh and Andhra Pradesh ..................................................................................................................... 15
Rajya Sabha passes Airports Economic Regulatory Authority (Amendment) Bill 2019 ................................................................................ 16
LS passes National Investigation Agency (Amendment) Bill, 2019 .................................................................................................................... 17
Parliament adopts resolution levying 200% duty on all Pakistani goods .......................................................................................................... 17
Illegal Coal Mining in Meghalaya: SC directs State Govt to deposit fine .......................................................................................................... 18
Parliament passes Special Economic Zones (Amendment) Bill, 2019 ................................................................................................................ 18
Maratha quota valid but should be reduced: Bombay HC ................................................................................................................................... 19
Centre to remove Minimum Education requirement for Transport Drivers .................................................................................................... 19
Cabinet approves Governor’s Rule in J&K for another 6 months ...................................................................................................................... 20
Supreme Court gets full strength of Judges ............................................................................................................................................................ 20
Delhi HC: United Nation not State under Article 12 .............................................................................................................................................. 21
SC Verdict: Foreigners Tribunal decision will prevail over NRC ........................................................................................................................ 22
Plea for Lifting Ban on Muslim Women’s Entry into Mosques in SC ................................................................................................................ 23
PMLA prevails over Bankruptcy Act and Insolvency Code: Delhi HC .............................................................................................................. 23
RTI Act supersedes Official Secrets Law .................................................................................................................................................................. 23
Election Commission of India on Electoral Bonds ................................................................................................................................................. 24
Drugs and Clinical Trials Rules, 2019 ....................................................................................................................................................................... 24
Governments Prerogative to Frame Schemes: Supreme Court .......................................................................................................................... 25
Contempt Order against Shillong Times Editor, Publisher Put on Hold ........................................................................................................... 25
Exclusion from draft Assam NRC will not affect voting rights: ECI .................................................................................................................. 26
Centre allows State Governments to put Enemy Properties to Public Use ...................................................................................................... 26
SC Proposes Mediation Panel for Ram Janmabhoomi-Babri Masjid Land Dispute Case .............................................................................. 27
Cabinet Clears Ordinance on Reservation Roster for University Teachers ...................................................................................................... 27
President Approves Amendments to Indian Stamp Act 1899 ............................................................................................................................ 28
Jallianwala Bagh National Memorial (Amendment) Bill 2018 ............................................................................................................................ 28
Registration of Marriage of Non-Resident Indian Bill, 2019 ............................................................................................................................... 28
125th Constitutional Amendment Bill ....................................................................................................................................................................... 29
Government to set-up a Unified Authority for Regulating Entities in IFSC ..................................................................................................... 29
Plea in Supreme Court in favour of Two Child Policy ......................................................................................................................................... 30
Linking Of PAN Card with Aadhaar Mandatory for Filing IT returns : SC .................................................................................................... 30
Amendments to the Banning of Unregulated Deposit Schemes Bill, 2018 ....................................................................................................... 31
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Cinematograph Amendment Bill 2019 ...................................................................................................................................................................... 31

Madras High Court Rules against Negative Marking in Competitive Exams ................................................................................................... 32
Motor Vehicles (Amendment) Bill, 2017 .................................................................................................................................................................. 32
Amendments to Representation of People’s Act 1951 ........................................................................................................................................... 33
Supreme Court refuses to stay amendments to SC/ST Act ................................................................................................................................ 33
Supreme Court Upholds Constitutional Validity of Insolvency & Bankruptcy Code ...................................................................................... 33
Constitutional Amendment to increase the powers of the Autonomous Councils ......................................................................................... 34
Goods and Services Tax Appellate Tribunal ........................................................................................................................................................... 34
SC to Examine 10 per cent Quota for Economically Weaker Sections .............................................................................................................. 35
SC to take ‘in-chamber’ decision on listing of plea challenging Article 35-A .................................................................................................. 35
Kerala High Court disqualifies MLA Karat Razack for Defaming Rival Leader .............................................................................................. 36
What is Collegium System of Appointment of Judges? ........................................................................................................................................ 36
SC Dismisses pleas on Appointment of DGPs ........................................................................................................................................................ 37
Recommendations of Committee to revisit the Section 126 of the Representation of the People Act ...................................................... 37
Supreme Court issues notice to Centre on PIL against notification under IT Act ......................................................................................... 38
Quota for Economically Weaker Sections questioned in Supreme Court ........................................................................................................ 38
103rd Constitutional Amendment Act: Key Facts .................................................................................................................................................. 39
Right to Disconnect Bill introduced in Lok Sabha ................................................................................................................................................. 39
Government promulgates Companies (Amendment) Ordinance, 2019 .......................................................................................................... 40
Proposal to revive National Register of Indian Citizens Project .......................................................................................................................... 40
Political Parties Oppose Footing Bill for ads on criminal record ......................................................................................................................... 41
Collegium Recommends names of Justice Dinesh Maheshwari and Justice Sanjiv Khanna for appointment as Judges of the Supreme
Court ................................................................................................................................................................................................................................. 41
Amendments to Indian Cinematograph Act, 1952 ................................................................................................................................................ 42
Citizenship Amendment Bill passed in Lok Sabha ................................................................................................................................................. 42
Lok Sabha passed 124th constitutional amendment bill to provide reservations to the economically weaker sections ......................... 43
DNA Technology (Use and Application) Regulation Bill, 2018 introduced in Lok Sabha ........................................................................... 43
SC verdict on reinstating CBI chief Alok Kumar Verma: Key Facts ................................................................................................................. 44
Lok Sabha passes Personal Laws (Amendment) Bill 2018 .................................................................................................................................. 44
Vijay Mallya declared as Fugitive Economic Offender .......................................................................................................................................... 45
Lok Sabha passes New Delhi International Arbitration Centre Bill ................................................................................................................... 45
Lok Sabha Passes the Companies (Amendment) Bill, 2018 ................................................................................................................................ 45
Parliament passes RTE amendment Bill ................................................................................................................................................................... 46
Parliament passes NCTE amendment Bill ............................................................................................................................................................... 47
Union Cabinet approves amendments to the Trade Union Act, 1926 .............................................................................................................. 47
Government to introduce Commercial Space Activities Bill in the Budget session ....................................................................................... 47
Aadhaar amendment Bill introduced in Lok Sabha ............................................................................................................................................... 48
Union Cabinet approves the National Commission for Indian Systems of Medicine (NCIM) Bill, 2018 ................................................. 49
National Commission for Homeopathy Bill, 2018 gets cabinet approval ......................................................................................................... 49
Union Cabinet Approves amendments to POCSO Act ......................................................................................................................................... 50
Lok Sabha Passes Triple Talaq Bill ............................................................................................................................................................................ 50
Review petition in SC against the Aadhaar verdict ................................................................................................................................................. 51
Information Technology (Intermediary Guidelines [Amendment] Rules), 2018 ............................................................................................. 51
Lok Sabha passed the Consumer Protection Bill, 2018 ........................................................................................................................................ 52
President’s rule comes into effect in Jammu & Kashmir ....................................................................................................................................... 52
Surrogacy (Regulation) Bill, 2016 passed by Lok Sabha ...................................................................................................................................... 53
Lok Sabha passes Transgender Persons (Protection of Rights) Bill, 2016 ....................................................................................................... 54
Jammu and Kashmir passes the law on Sexual Exploitation ................................................................................................................................ 54
Delhi High Court Orders Ban on sale of Online Medicines ................................................................................................................................. 55
Dam Safety Bill 2018 introduced in Lok Sabha ...................................................................................................................................................... 55
Cabinet extends tenure of Commission constituted to examine issue of OBC sub-categorisation ............................................................. 56

Jammu & Kashmir Legislative Council abolished

Published On Oct 18, 2019
The 62-year-old State Legislative Council of Jammu and Kashmir has come to an end with State
Administration issuing formal orders for its abolition with immediate effect. The transition of Ladakh
region as the youngest Union Territory will be done on 31 October 2019.
Key Highlights
The State Administration issued orders in terms of Section 57 of J&K Reorganization Act, 2019 and has
asked 116-member staff of Legislative Council to report to General Administration Department by 22
October 2019.
As per the government order, all the vehicles purchased for council were transferred to state motor
garages.
In addition to this the Jammu and Kashmir government also issued formal orders for opening of new
administrative secretariat in Ladakh under the Jammu and Kashmir Reorganisation Bill, (passed in August
2019). Through this legislation the central government revoked special status granted to J&K and
bifurcated state into two Union territories of J&K and Ladakh.
Background
The J&K legislative council was created in year 1957 following adoption of a new constitution by state
constituent assembly and passing of Legislative Councils Act in Parliament. These legislations created a
bicameral legislature for the state of J&K. It then had a strength of 36 members.
The council was used by political parties across the spectrum to adjust and rehabilitate their senior
members and prominent party supporters. This also allowed party members who lost elections to enter
power structure and grab ministerial posts despite losing.
Office Term: The J&K legislative council members remained in office for a period of six years. It
comprised of 22 elected by state assembly, 2 members elected from local authorities, 2 from panchayat
constituency and J&K governor would nominate 8 members from eminent persons from various fields.
Four new Supreme Court judges appointed, strength now 34
Published On Sep 19, 2019
The Centre on 18 September 2019 cleared the appointments of four new judges to the Supreme Court.
With the appointment, the judges’ strength in apedx court is now 34. On August 30, the Supreme Court
four chief justices for the appointment to the top court in order to fill the vacant posts.
Key Highlights
The newly appointed SC judges are-
1. Haryana High Court Chief Justice Krishna Murari
2. Himachal Pradesh High Court Chief Justice V. Ramasubramanian
3. Rajasthan High Court Chief Justice S Ravindra Bhat
4. Kerala High Court Chief Justice Hrishikesh Roy
Once the newly appointed 4 SC Judges takes oath, the total strength of Supreme Court (34) will be highest
ever till date.
The Supreme Court vacancies had increased its judicial strength from 31 to 34 (including Chief Justice of
India) following the enactment of Supreme Court (Number of Judges) Bill of 2019 into law. One of said
four judges would replace the vacancy following retirement of SC Justice A.M. Sapre.
Background
Originally, the Supreme Court (Number of Judges) Act, 1956 provided for a maximum number of 10
judges (excluding CJI). This strength was increased to 13 by Supreme Court (Number of Judges)
Amendment Act, 1960, and to 17 in 1977. However, till the end of 1979, the working strength of Supreme
Court was, restricted to 15 judges by cabinet (excluding CJI). But the restriction was withdrawn at request
of chief justice of India.
In 1986, the strength of top court was increased to 25 (excluding CJI). Later, the Supreme Court (Number
of Judges) Amendment Act, 2009 further augmented the strength of SC from 25 to 30.

Bar Council of India imposes 3-year moratorium on opening of new law colleges
Published On Aug 13, 2019
Bar Council of India (BCI), the apex bar body has imposed 3 year moratorium on opening of new
institutions except for national law universities (NLUs), if proposed by a state. This decision has been
taken to curb mushrooming of law colleges in the country and laying stress on improvement of standard
of existing institutions. BCI can only approves or gives recognition to LLB degree and LLM and Ph.D
degrees are not under its control.
BCI observations
BCI noted that there is no dearth of advocates and existing institutions are sufficient to produce required
number of law graduates annually. It also held that the ones without any proper infrastructure or faculty
will be closed down in the next three years. It said that there is urgent need to improve standard of
teaching and it will train law teachers in the country. BCI has also requested state governments and
universities to stop unfair means as well as to fill up vacancies of law teachers in all colleges/universities
within 4 months period.
About Bar Council of India (BCI)
It is statutory body established by Parliament under the Advocates Act, 1961. It is mandated to regulate
and represent Indian bar.
Functions:
It performs regulatory function by prescribing standards of professional conduct and etiquette and by
exercising disciplinary jurisdiction over the bar.
It sets standards for legal education in the country and grants recognition to Universities whose degree in
law will serve as qualification for enrolment as advocate.
It also performs representative functions by protecting rights, interests and privileges of advocates as
well as provides financial assistance for organising welfare schemes for advocates.
Parliament passes Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019
Parliament passed Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019 for
speedy eviction of unauthorised occupants from government residential accommodations. The Bill
amends Public Premises (Eviction of Unauthorised Occupants) Act, 1971 which provides for eviction of
unauthorised occupants from public premises in certain cases.
The bill provides for strict provisions to evict illegal occupants from government property allotted to
government officials and members of Lok Sabha and Rajya Sabha.
Key Features of Bill
Residential accommodation: It has been defined as occupation of public premises by person on grant of
license for such occupation. Such license must be given for fixed tenure or for period person holds office.
Further, occupation must be allowed under rules made by Central, State/UT government, or a statutory

authority (such as Parliament Secretariat, or Central Government Company or premises belonging to

state government).
Notice for eviction: It adds detailed provision laying down procedure for eviction from residential
accommodation. It empowers estate officer to issue written notice to person if he/she is in unauthorised
occupation of residential accommodation within three working days. This means that the bill now enables
estate officer to apply summary proceedings for evicting the unauthorised occupants after a three-day
notice.
Order of eviction: After considering the cause shown and making any other inquiries, estate officer can
give eviction order. If person fails to comply with order, then estate officer may evict such person from
residential accommodation and take possession of it. For this purpose, estate officer can also use such
force as required.
Also, estate officer now does not need to follow elaborate proceedings like serving notice, show cause,
inquiry, rather he or she can initiate summary eviction proceedings.
Payment of damages: If any person in unauthorised occupation of residential accommodation challenges
eviction order passed by estate officer in court, then he is required to pay damages charges for every
month of such occupation or accommodation held during period of litigation.
Rajya Sabha passes National Institute of Design (Amendment) Bill, 2019
Rajya Sabha has passed National Institute of Design (Amendment) Bill, 2019. Now it has to be passed by
Lok Sabha. The Bill seeks to amend National Institute of Design Act, 2014, which declares National Institute
of Design (NID), Ahmedabad as an institution of national importance.
National Institute of Design (Amendment) Bill, 2019
It seeks to declare four National Institutes of Design (NID) in Andhra Pradesh (Amaravati), Assam (Jorhat),
Madhya Pradesh (Bhopal) and Haryana (Kurukshetra) as institutions of national importance.
Currently, these institutes are registered as Societies under Societies Registration Act, 1860 and do not
have power to grant degrees or diplomas. Once these four institutions are declared of national
importance, they will be granted the power to grant degrees and diplomas.
Significance of National Importance Tag
It will help to produce highly skilled manpower in design sector which in turn, will create job
opportunities, both direct and indirect. It will also provide sustainable design interventions for handloom,
crafts, rural technology, small, medium (SMEs) and large scale enterprises (LSEs); and outreach
programmes for capacity, capability and institution building.
Lok Sabha passes Transgender Persons (Protection of Rights) Bill, 2019
Lok Sabha passed Transgender Persons (Protection of Rights) Bill, 2019 which seeks to prohibit
discrimination against transgender persons, including in matters of employment. This bill that lays
emphasis on educating, skilling and making transgenders employable was moved by Union Minister for
State for Social Justice and Empowerment Kishan Pal Gurjar.
Transgender Persons (Protection of Rights) Bill, 2019
Defines Transgender: As a person or individual whose gender does not match gender assigned at birth. It
includes trans-men and trans-women, persons with intersex variations (means a person who at birth
shows variation in his/her primary sexual characteristics, external genitalia, chromosomes, or hormones
from normative standard of male/female body), gender-queers, and persons with socio-cultural identities,
such as kinnar and hijra.
Prohibit Discrimination: Bill prohibits discrimination against a transgender person, including denial of
service or unfair treatment in relation to education, healthcare, employment, access to, or enjoyment of
goods, facilities, opportunities available to public.
Right of residence: Bill provides every transgender person shall have a right to reside and be included in
his household.
Employment: No government/private entity can discriminate against a transgender person in
employment matters, including recruitment as well as promotion.
Education: Educational institutions funded or recognised by relevant government shall provide inclusive
facilities for transgender persons without discrimination.
Health care: Government must provide health facilities to transgender persons including separate HIV
surveillance centres, and sex reassignment surgeries.
Certificate of identity for a transgender person: Transgender person may make an application to District
Magistrate (DM) for a certificate of identity, indicating gender as ‘transgender’.
Offences and penalties: Bill imposes penalties for offences against transgender persons like bonded
labour, denial of use of public places, removal from household & village and physical, sexual, verbal,
emotional or economic abuse.
National Council for Transgender persons (NCT): NCT chaired by Union Minister for Social Justice, apart
from redressing grievances of transgender person, will advise central government as well as monitor
impact of policies with respect to transgender persons.
Way Ahead
As per 2011 census there are more than 4.80 lakh transgenders in country therefore even though
maximum demands of the transgender community have been included in Bill but people’s prejudice
regarding transgenders needs to be changed.
Lok Sabha adjourned sine die
The 1st session of 17th Lok Sabha was adjourned sine die, a day ahead of scheduled conclusion, as 99% of
government business has been completed. The announcement in this regard was made by Speaker Om
Birla after adopting resolution and a Bill related to Jammu and Kashmir.
After 17th Lok Sabha elections, the Budget session of Lok Sabha which was scheduled to end on 26 July
was extended till 7 August.
Key Highlights
Productive Session: In his parting address to the house, Speaker termed it the most productive session
since 1952. In this session, House passed 35 Bills, surpassing previous record of Bills passed in 1952 session
(in it 24 bills were passed in 67 sittings). This Budget session of Lok Sabha had 37 sittings and sat for 280
hours. The productivity of the House remained 125%. Also in order to make it more productive, Lower
House sat for 75 hours late in evening.
Proceeding undertaken: During session, 35 bills were passed, total 183 starred questions were orally
answered, 1,066 issues of urgent importance taken up, and 488 issues taken up under rule 377 (of Rules of
Procedure and Conduct of Business in Lok Sabha). As per rule 377 members are allowed to raise matters
which are not points of order or which cannot be raised under any other rule.
Adjournment Sine Die
Its literal meaning in latin is without day i.e. without assigning a day for a further (or next) meeting or
hearing. In terms of Legislative procedures it means to adjourn an assembly for an indefinite period.
Power of adjournment sine die lies with presiding officer of House. Also, presiding officer of a House can
call a sitting of House before date/time to which it has been adjourned or at any time after House has been
adjourned sine die.
Lok Sabha passes Supreme Court (Number of Judges) Amendment Bill, 2019
Lok Sabha has passed Supreme Court (Number of Judges) Amendment Bill, 2019 to increase the number of
Supreme Court judges from the present 30 to 33 (excluding Chief Justice of India). The Bill amends
Supreme Court (Number of Judges) Ac, 1956. It helps to meet long standing demand of increasing strength
of Supreme Court judges to resolve number of pending cases can be brought down substantially.
Salient features of Bill
The Bill to increase strength of Supreme Court judges by 10% i.e. to 33 from present 30 (excluding Chief
Justice of India).
As of now full sanctioned strength of SC is 31 (including CJI). Once this bill gets in Rajya Sabha also and
gets full parliamentary nod and presidential assent, the number of judges would go up to 34, including the
CJI.

The purpose of increasing in number of judges is to allow Supreme Court to function more efficiently and
effictively towards attaining the ultimate goal of of rendering speedy jusstice to the litigants.
Background
The strength of Supreme Court is fixed by law enacted Parliament as per Article 124 (1) of Constitution of
India. Therefore, strength of Supreme Court judges can be increased by way of parliamentary legislation.
For this purpose Parliament has enacted Supreme Court (Number of Judges) Act, 1956, which originally
provided for maximum of 10 judges (excluding CJI). This number was increased to 13 by Supreme Court
(Number of Judges) Amendment Act, 1960 and to 17 in 1977.
However till the end of 1979, the working strength of Supreme Court was restricted to 15 judges
(excluding CJI) by cabinet. But the restriction was later withdrawn at request of CJI. In 1986, strength of
Supreme Court was increased to 25, excluding CJI. Subsequently, Supreme Court (Number of Judges)
Amendment Act, 2009 further increased strength of Supreme Court judges from 25 to 30 (excluding CJI).
Lok Sabha passes The Surrogacy (Regulation) Bill, 2019
Lok Sabha passed Surrogacy (Regulation) Bill, 2019 that aims to ban commercial surrogacy in India by a
voice vote. The bill aims to ensure effective regulation of surrogacy, prohibit commercial surrogacy, and
allow ethical surrogacy. It also seeks to prohibit exploitation of surrogate mothers and children born
through surrogacy subhaprada mohanty | subhapradam@gmail.com |
Salient Features of Bill

Bans commercial surrogacy: It completely bans commercial surrogacy, including sale and purchase of
human embryos and gametes, but allows ethical altruistic surrogacy for needy couples on fulfillment of
stipulated conditions.
Definition of surrogacy: It has been defined as practice in which woman gives birth to child for intending
couple with the intention to hand over the child to the intending couple after the birth.
Altruistic surrogacy: It is allowed and has been defined as surrogacy wherein only medical expenses and
insurance coverage is provided by couple to surrogate mother during pregnancy and no other monetary
consideration.
Permits Surrogacy: It permits surrogacy for intending couples who are suffering from proven infertility.
It does not permit for commercial purposes, altruistic purpose, not for producing children for sale,
prostitution or other forms of exploitation etc.
Regulatory bodies: It proposes to regulate surrogacy in the country by establishing National Surrogacy
Board (NSB) at the central level and state surrogacy boards and appropriate authorities in the state and
Union Territories. Functions of the NSB include, (i) advice central government on policy matters related to
surrogacy; (ii) lay down code of conduct of surrogacy clinics and (iii) supervise functioning of SSBs.
Eligible couples for Surrogacy: It allows surrogacy for infertile married Indian couples only (married for
at least 5 years). In this case, male must be between 26-55 years and female must be between 23-50 years
and they should not have any surviving child (biological, adopted or surrogate).
Surrogate Mother: It allows only close relative of eligible intended couple to be surrogate mother, having
been married, having child of her own and must be between 25 and 35 years. Besides, she can be surrogate
mother only once in lifetime and cannot provide her own gametes for surrogacy. She mus also possess
certificate of medical and psychological fitness for surrogacy.
Exemptions: It allows surrogacy for only Indian citizens and bans foreigners, NRI and PIOs from opting
for surrogacy in India. It also bans single parents and homosexuals and also couple who already have
children from surrogacy.
Parentage and abortion of surrogate child: Child born out of surrogacy procedure will be deemed to be
biological child of intended couple. In case of abortion of the surrogate child, there is mandatory
requirement of written consent of surrogate mother andauthorisation of the appropriate authority
compliant with Medical Termination of Pregnancy Act, 1971. It gives surrogate mother option to withdraw
from surrogacy before embryo is implanted in her womb.
Punishments: It has been prescribed for undertaking or advertising commercial surrogacy, exploiting the

surrogate mother, abandoning, exploiting or disowning a surrogate child and selling or importing human
embryo or gametes for surrogacy. Penalty for such offences is imprisonment up to 10 years and fine up to
Rs. 10 lakh rupees. It also specifies range of offences and penalties for other contraventions of the
provisions of the Bill.
J&K Reorganisation Bill 2019 passed in Rajya Sabha
After passing a statutory resolution on scrapping special status to Jammu and Kashmir (J&K) by diluting
Article 370, Rajya Sabha has now passed voting on J&K Reorganisation Bill 2019 which will effectively
bifurcate state of Jammu and Kashmir into two Union Territories – Jammu and Kashmir with a
legislature and Ladakh without legislature. A statutory resolution on Article 370 and J&K reorganisation
bill were passed by Rajya Sabha and will be put to vote in Lok Sabha next.
Jammu and Kashmir will also become largest union territory (UT) in India in terms of area once it is
carved out while Ladakh, will be 2nd largest UT after it comes to force.
J&K Reorganisation Bill 2019
Assembly Seats: Bill that seeks for division of Jammu and Kashmir will lead to an increase number of
seats in newly-constituted Assembly from 107 to 114 out of which 24 seats would be deemed to be vacant
till time Pakistan-Occupied Kashmir (PoK) comes under jurisdiction of Indian state.
State assembly currently has 111 seats, of subhaprada
which 46| subhapradam@gmail.com
mohanty are in Kashmir | Valley, 37 in Jammu and remaining 4
are in Ladakh division. After passing of reorganisation bill in Parliament, Ladakh will be a Union territory
to be administered by Centre.
Assembly Tenure: With abrogation of Article 370, tenure of J&K state Assembly will now be 5 years as in
other parts of state which till now had a special status with a 6-year tenure.
SC/ST Reservation: New Assembly shall have reservation for Scheduled Caste (SC) and Schedule Tribes
(ST) as in other parts of state.
Reorganisation of Constituencies: Constituencies will be re-organised through a de-limitation exercise
under 2002 Act of Parliament. For purpose of delimitation, 2011 census figures will be taken as benchmark.
Unicameral Polity: Bill also seeks to scrap state’s legislative council to make J&K a unicameral polity.
State will have a Chief Minister and a Lt Governor and all financial bills will need to cleared by Lt
Governor.
What will Change after Scrapping of Article 370?
With abrogation of Article 370, Jammu and Kashmir will now have no separate flag or Constitution and
tenure of state legislative assembly will be for a period of 5 years like any other state and 2 union
territories in country.
Indian Penal Code (IPC) will replace Ranbir Penal Code (RPC) to deal with criminal matters and Article 356,
under which President’s rule can be imposed in any state, will also be applicable in union territories (UTs)
Jammu and Kashmir, and Ladakh with unprecedented decision of Centre.
With addition of two new UTs, total number of will go up to 9- J&K, Ladakh, Delhi, Puducherry, Diu and
Daman, Dadra and Nagar Haveli, Chandigarh, Lakshadweep and Andaman and Nicobar Islands.

Parliament passes Unlawful Activities (Prevention) Amendment Bill, 2019

Parliament has passed Unlawful Activities (Prevention) Amendment Bill, 2019 to empower Central
Government to designate an individual as a “terrorist”. It was first passed by Lok Sabha on 24 July 2019
and later by Rajya Sabha on 2 August 2019.
Unlawful Activities (Prevention) Amendment Bill, 2019
It seeks to empower Central Government to designate an individual “terrorist” if they are found
committing, preparing for, promoting, or involved in an act of terror. Earlier, Central Government was
having powers only to designate organisation as terrorist organisation.
Investigation by NIA: The Bill additionally empowers officers of National Investigation Agency (NIA), of
the rank of Inspector or above, to investigate cases. Earlier, officers of the rank of Deputy Superintendent
or Assistant Commissioner of Police or above were empowered to conduct investigation of cases under
the Act.
Seizure of property by NIA: It will be mandatory for officer of NIA conducting investigation related to
terror cases to take approval Director General of NIA for seizure of such property.
Insertion to schedule of treaties: The parent Act defines terrorist acts to include acts committed within
scope of any of treaties listed in its schedule. The Bill adds another treaty to this list-International
Convention for Suppression of Acts of Nuclear Terrorism (2005).
Parliament passes Repealing and Amending Bill, 2019
Parliament has passed Repealing and Amending Bill, 2019 that seeks to repeal certain enactments and to
amend certain other enactments. The bill provides for repealing 58 old and obsolete laws which have no
relevance at present and makes minor amendments to two other laws. It was introduced in Lok Sabha on
25 July 2019 by Union Minister of Law and Justice Ravi Shankar Prasad.
Repealing and Amending Bill, 2019
Repealing certain laws in whole: Bill repeals 68 laws that have been listed in 1st Schedule of Bill.
These include: (1) Beedi Workers Welfare Fund Act, 1976 (2) Motor Vehicles (Amendment) Act, 2001.
Amendment of certain laws: Bill makes minor amendments to two Acts which relate to substitution of
certain words. These two Acts are: (1) Income Tax Act (IT), 1961 and (2) India Institutes of Management (IIM)
Act, 2017.

NOTE: Since NDA government came to power for 1st term in 2014, it started identifying obsolete laws and
has so far repealed 1,428 old and archaic central Acts and about 75 laws which Centre drafted for states in
view of President rule have also been repealed till date. This periodic review of old laws is part of
governance.
Jallianwala Bagh National Memorial (Amendment) Bill, 2019 passed by Lok Sabha
Lok Sabha passed Jallianwala Bagh National Memorial (Amendment) Bill, 2019 by a voice vote and
amendments moved by members of opposition parties were also defeated. The bill ends automatic
nomination of Congress President as trustee of Jallianwala Bagh Memorial trust. It was introduced in Lok
Sabha by Prahlad Singh Patel, Minister of State for Culture on 8 July 2019 that.
Jallianwala Bagh National Memorial (Amendment) Bill, 2019
It amends Jallianwala Bagh National Memorial Act, 1951 which provides for erection of a National
Memorial in memory of those killed or wounded on 13 April 1919, in Jallianwala Bagh in Amritsar. It also
creates a Trust to manage National Memorial.
Composition of Trustees: Under 1951 Act, Trustees of Memorial include- (1) Prime Minister as
Chairperson, (2) President of Indian National Congress (INC), (3) Minister in-charge of Culture, (4) Leader
of Opposition in Lok Sabha, (5) Governor of Punjab, (6) Chief Minister of Punjab and (7) 3 eminent persons
nominated by central government. subhaprada mohanty | subhapradam@gmail.com |
Bill amends this composition of trustees provision to remove President of Indian National Congress as a Trustee.
Amendment bill also clarifies that in case of no Leader of Opposition in Lok Sabha, then leader of single
largest opposition party will be Trustee.
Tenure of Trustee: Act provides that 3 trustees nominated by central government will be trustees for a
period of 5 years and will also be eligible for renomination.
Bill also allows central government to terminate term of a nominated trustee before expiry ofe period of
his term without assigning any reason.
Parliament passes Protection of Children from Sexual Offences (Amendment) Bill, 2019
Parliament passed Protection of Children from Sexual Offences (Amendment) Bill, 2019 to provide stricter
punishments for child sex abuse. It was first passed by Rajya Sabha on July 24, 2019 and then by Lok Sabha
on August 1, 2019. The Bill amends Protection of Children from Sexual Offences Act (POCSO), 2012 which
provides legal framework to protect children from offences such as sexual assault, sexual harassment, and
pornography.
Penetrative sexual assault: The bill increases minimum punishment for this offence from 7 years to 10
years. It also provides for with imprisonment between 20 years to life, with fine if person commits
penetrative sexual assault on child below age of 16 years.
Aggravated penetrative sexual assault: The Bill adds two more grounds to definition of aggravated
penetrative sexual assault. These include: (i) assault resulting in death of child and (ii) assault committed
during natural calamity or in any similar situations of violence. It also increases minimum punishment
from 10 years to 20 years, and maximum punishment to death penalty.
Aggravated sexual assault: The Bill adds two more offences to definition of aggravated sexual assault.
These include: (i) assault committed during natural calamity and (ii) administrating or help in
administering any chemical substance or any hormone to child for the purpose of attaining early sexual
maturity.
Child Pornography: The Bill defines child pornography as any visual depiction of sexually explicit conduct
that involves child such as photograph, video, digital or even computer generated image indistinguishable
from actual child. It also enhances punishments for certain offences related to child pornography.
Storage of pornographic material: It increases punishment for storage of pornographic material with
imprisonment between three to five years, or fine, or both. In addition, it also adds two other offences for
storage of pornographic material involving children. These include: (i) transmitting, displaying,
distributing such material except for the purpose of reporting it and (ii) failing to destroy or delete or
report pornographic material involving child.

Cabinet approves increasing strength of Supreme Court Judges
Union Cabinet chaired by Prime Minister Narendra Modi has approved increasing the number of judges in
Supreme Court from the present 31 to 34 (i.e. by 10%), including Chief Justice of India (CJI). In this regard
it has approved bill to amend Supreme Court (Number of Judges) Act, 1956. At present, the full
sanctioned strength of SC is 31 (including CJI). Once this bill gets parliamentary nod, the number of judges
would go up to 34, including the CJI.
Background
This decision of Union Cabinet comes after Chief Justice of India Ranjan Gogoi in letter to Prime Minister
Narendra Modi had requested to increase number of judges in the Supreme Court. CJI in his letter had
urged to augment judge-strength in SC appropriately so that it can function more efficiently and
effectively and go a long way to attain ultimate goal of rendering timely justice to litigant public. He also
had mentioned that due to paucity of judges, the required number of Constitution Benches of SC were not
being formed to decide important cases involving questions of law. According to written reply by Law
Minister to Rajya Sabha there are total 11, 59,331 cases are pending in the Supreme court.
SC Composition: Constitutional and Statutory Provisions
The strength of Supreme Court is fixed bysubhaprada
law made by Parliament as per Article 124 (1) of Constitution of
mohanty | subhapradam@gmail.com |
India. Therefore, the strength can be increased by way of parliamentary legislation. In pursuance of this
Parliament has enacted Supreme Court (Number of Judges) Act, 1956, which originally provided for
maximum of 10 judges (excluding the CJI). The law was last amended in 2009 to increase judges’ strength
from 25 to 30 (excluding the CJI).
Parliament passes Companies (Amendment) Bill, 2019
Published On Jul 31, 2019
Parliament passed Companies (Amendment) Bill, 2019 aimed at tightening Corporate Social Responsibility
(CSR) compliance and ensuring stricter action for non-compliance of the company law regulations. It
amends the Companies Act, 2013. It was first passed by Lok Sabha on July 26, 2019 and then by Rajya
Sabha by July 30, 2019.
It aims to ensure greater accountability and better enforcement of the corporate governance norms.
Corporate Social Responsibility (CSR): It brings key change related to CSR spending, wherein
companies would have to mandatorily keep unspent money into a special account. The companies
will have one year to firm up CSR proposal and another three years to spend funds. In case money
remains unspent for one plus three years, then the money will have to be moved to an escrow
account, could even be Prime Minister’s Relief Fund.
Registrar of Companies (RoCs): It empowers RoC to initiate action for removal of name of a
company from Register of Companies if it is not carrying on any business or operation in according
with Company Law.
Re-categorisation of 16 minor offences: It re-categories 16 out 81 compoundable offences mentioned
in the parent Act as civil defaults, where adjudicating officers (appointed by the central government)
may now levy penalties instead. These offences include: (i) failure to file annual return (ii) issuance of
shares at a discount. Further, it also amends the penalties for some other offences.
Change in approving authority: It shifts powers for conversion from public to private companies
from National Companies Law Tribunal to central government.
Parliament passes Muslim Women (Protection of Rights on Marriage) Bill, 2019
Parliament passed the Muslim Women (Protection of Rights on Marriage) Bill 2019 or Triple Talaq Bill
after it was approved by Rajya Sabha. It replaces Ordinance promulgated on February 21, 2019. It aims to
declares practice of instant triple talaq void and illegal by making it cognizable penal offence.
Objective: Protect rights of married Muslim women and ensure gender equality and gender justice
to Muslim women by declaring practice of triple talaq as void and illegal i.e. not enforceable in law
and prevent divorce by practice of ‘talaq-e-biddat’ by their husbands.

Definitions: It defines talaq or any other similar form of talaq pronounced by Muslim man resulting
in instant and irrevocable divorce. It defines Talaq-e-biddat as practice under Muslim personal laws,
as pronouncement of word ‘talaq’ by Muslim husband thrice in one sitting to his wife, resulting in
instant and irrevocable divorce
Offence and Penalty: It makes this offence punishable with imprisonment up to 3 years and fine. It
also makes all declaration of talaq, including in written or electronic form (email, text message etc)
to be void and illegal.
It proposes to make offence cognizable, if information relating to commission of an offence is given
to police officer by married Muslim woman upon whom talaq is pronounced or by any person
related to her by blood/marriage.
It makes offence compoundable with permission of Magistrate at the instance of the married
Muslim woman upon whom talaq is pronounced. It further provides for hearing married Muslim
woman upon whom talaq is pronounced, before accused is released on bail by Magistrate.
Allowance: It also provides for payment of subsistence allowance (to be determined by Magistrate)
to married Muslim women against whom talaq has been declared and dependent children. The
amount of allowance will be determined bymohanty
subhaprada Magistrate.
| subhapradam@gmail.com |
Custody: It entitles Muslim woman against whom such talaq has been declared to seek custody of
her minor children. In this case, Magistrate is empowered to determine manner of custody.
Andhra Pradesh passes Bill for 75% jobs to locals in factories
Andhra Pradesh Legislative Assembly passed Andhra Pradesh Employment of Local Candidates in Industries
and Factories Bill, 2019. The bill mandates reserved employment of at least 75% state candidates (locals) in
all private industrial units and factories, irrespective of whether companies get financial or any other help
from government. With this bill Andhra Pradesh became 1st state to reserve jobs for locals in respective
units.
The 75% reservation to local is provided in private jobs across all categories such as- factories, industrial
units, joint ventures (JVs) as well as projects taken up under Public-Private Partnership (PPP) mode.
Train Locals: If locals with necessary skills are not available, then companies must train them in
association with state government and hire them.
Time Period: Existing industries, factories, joint ventures and PPP projects will have to comply with these
provisions within a period of 3 years from date of commencement of Act. Companies will have to provide
quarterly reports about local appointments to a nodal agency.
Exempted: Only those units that are listed in 1st schedule of Factories Act (mostly hazardous industries
like petroleum, pharmaceuticals, coal, fertilisers and cement, among others) will be exempted from the
new Act, after government approval.
Lok Sabha passes Right to Information (Amendment) Bill, 2019
Lok Sabha has passed Right to Information (Amendment) Bill, 2019 amidst strong objection from
Opposition with 218 members voting in its favour and 79 against it.
Summary: The bill seeks to amend certain provisions of landmark transparency law- Right to Information
Act, 2005 so as to empower central government on deciding terms of Chief Information Commissioner
(CIC) and Information Commissioners (ICs) at both central and state levels, as well as have a say on
salaries, allowances and other terms and conditions of service.
Key Features of Amendment Bill
Term & Conditions of Service: Bill allows Central government to notify term of office for Chief
Information Commissioner (CIC) and Information Commissioners (ICs) while as per RTI Act, 2005, CIC at
the central level and ICs at state level will hold office for a term of 5 years.
Quantum of Salary: Bill proposes that salaries, allowances, and other terms and conditions of service of
CIC and ICs will be determined by central government. While as per RTI Act the salary of CIC and ICs will
be equivalent to the salary paid to the Chief Election Commissioner (CEC) and Election Commissioners
(EC) respectively.
Deductions in Salary: As per RTI Act, 2005 at time of the appointment of CIC and ICs, if they are receiving
pension or any other retirement benefits for previous government service, their salaries will be reduced
by an amount equal to pension. The RTI (Amendment) Bill, 2019 removes these provisions.
Lok Sabha passed Protection of Human Rights (Amendment) Bill 2019

Protection of Human Rights (Amendment) Bill, 2019 introduced in Lok Sabha by Union Minister of Home
Affairs, Amit Shah has been passed by Lok Sabha. The Bill amends Protection of Human Rights Act, 1993
that provides for National Human Rights Commission (NHRC), State Human Rights Commissions (SHRC)
and Human Rights Courts.
Key Features of Amendment
Composition of NHRC: Under Protection of Human Rights Act, 1993, chairperson of NHRC is a person
who has been Chief Justice of Supreme Court but Bill amends this provision to person who has been Chief
Justice of Supreme Court, or Judge of Supreme Court will be chairperson of NHRC. This means Supreme
Court judge besides CJI can also be appointed Chairperson of NHRC.
Number of members of NHRC increased from two to three
Act provides for 2 persons having knowledge of human rights to be appointed as members of NHRC but
Bill amends this provision to allow 3 members to be appointed as members of NHRC. Also, At least one of
3 members of NHRC should be a woman
Members of NHRC: Under the Act, chairpersons of commissions like National Commission for Scheduled
Castes (NCSC), National Commission for Scheduled Tribes (NCST), and National Commission for Women
(NCW) are members of NHRC. The Ammendement Bill provides for including chairpersons of National
Commission for Backward Classes (NCBC), National Commission for Protection of Child Rights (NCPCR)
as well as Chief Commissioner for Persons with Disabilities (PwD) as NHRC members.
Chairperson of SHRC: At present SHRC chairperson is a person who has been a Chief Justice of a High
Court but Bill amends this to provide that a person who has been Chief Justice/Judge of High Court will be

chairperson of SHRC.
Term of office: As per the Act chairperson and members of NHRC and SHRC will hold office for 5 years or
till 70 years of age or whichever is earlier. Bill reduces term of office to 3 years or till 70 years of age,
whichever is earlier. Moreover the bill removes the 5 year limit for reappointment unlike the present act
that allows for reappointment of members of NHRC and SHRCs for a period of 5 years.
Powers of Secretary-General: Bill seeks to amend the current provision of Secretary-General of NHRC and
a Secretary of SHRC, who exercise powers as may be delegated to them, to allowing the Secretary-General
and Secretary to exercise all administrative and financial powers (except judicial functions), subject to
respective chairperson’s control.
Union Territories: Bill provides that central government may confer on SHRC human rights functions
being discharged by UTs and the functions relating to human rights in case of Delhi will be dealt with by
NHRC.
Central Universities (Amendment) Bill, 2019 passed by Parliament
Central Universities (Amendment) Bill 2019, for establishing a Central University and Tribal University in
Andhra Pradesh has been passed by both the houses of Parliament.
The Bill seeks to amend Central Universities Act, 2009, which establishes universities for teaching and
research in various states. Moreover, establishment of a Central University and Central Tribal University
in State of Andhra Pradesh is obligatory under Andhra Pradesh Reorganisation Act, 2014.
Central Universities (Amendment) Bill, 2019
It provides for establishment of two central universities in Andhra Pradesh to be known as
1. Central University of Andhra Pradesh
2. Central Tribal University of Andhra Pradesh- It will offer research facilities in fields of art, culture
and technology to the tribal population. It will also take additional measures for providing higher
educational and research facilities in tribal art, culture, and customs primarily to tribal population of
India.
The universities would be set up in next 4 years.
Funds: Government has set aside Rs.450 crore for 1st stage of Central University project against total
amount of Rs.902.07 crore and Rs.420 crore for Tribal University against an outlay of Rs.836 crore.
Significance: Currently, there is no Central University in State of Andhra Pradesh while all the other
States (except Goa) have one or more Central University.
Cabinet approves setting up of National Medical Commission replacing MCI
Union Cabinet chaired by Prime Minister Narendra Modi has approved National Medical Commission Bill,
2019 which provides for setting up of a National Medical Commission in place of Medical Council of India
(MCI) so as to usher comprehensive reforms in the medical education sector. The Bill also seeks to repeal
Indian Medical Council Act 1956.
Common final year MBBS Exams (Bachelor of Medicine, Bachelor of Surgery) will be known as National
Exit Test (NEXT) which would serve as Licentiate Exam, for entrance to Post Graduate (PG) medical
course and as screening test of foreign medical graduates.
It provides that National Entrance Test i.e. NEET, Common Counselling, NEXT will also be applicable to
Institutes of National Importance (INIs) such as AIIMS to have common standards in country.
National Medical Commission: NMC, an autonomous commission will regulate fee and all other charges
for 50% seats in private medical colleges and deemed universities.
NMC will ensure a transparent admission process and also reduce admission fee, and regulate fee in
private colleges as well.
NMC will have 4 Autonomous Boards,
1. Under-Graduate Medical Education Board
2. Post-Graduate Medical Education Board
3. Medical Assessment and Rating Board
4. Ethics and Medical Registration Board

NMC and respective boards will work towards ensuring a dynamic and modern educational environment,
decreasing emphasis on physical infrastructure, achieving norms in global standards and an effective
grievance redressal mechanism.
Significance: These new measures will ensure a transparent admission process and will also bring down
admission fee.
Criticism: NMC Bill is being pushed by Centre amid resistance from Indian Medical Association (IMA) and
other sections. The Bill has been facing flak over various issues and IMA, the apex medical body has
claimed that replacing MCI with another body may attract new forms of corruption.
Cabinet approves extension of term of 15th Finance Commission
Union Cabinet chaired by Prime Minister Narendra Modi has approved extension of term of 15th Finance
Commission (XV-FC) up to 30 November 2019. This will enable FC to examine various comparable
estimates for financial projections in view of reforms as well as new realities to finalise its
recommendations for period 2020-2025.
The government has also broadened ambit of FC’s recommendation to include funds for defence and
internal security.
Key Highlights subhaprada mohanty | subhapradam@gmail.com |
Background: 15th Finance Commission has been constituted by President on 27 November 2017 in
pursuance of clause (1) of Article 280 of Constitution of India and Finance Commission (Miscellaneous
Provisions) Act, 1951. FC was to submit its Report on basis of its Terms of Reference (ToR) by 30 October
2019, covering a period of 5 years commencing from 1 April 2020.
Reason for Extension:
The constitution of 15th FC has been in backdrop of various major fiscal and budgetary reforms introduced
by Union Government in past 4 years such as closure of Planning Commission (PC) and its replacement by
NITl Aayog (National Institution for Transforming India), removal of distinction between Non-Plan and
Plan expenditure, advancing budget calendar by 1 month and passing of full budget before
commencement of new financial year i.e. on 1 February, introduction of Goods and Services Tax (GST)
from July 2017 and New Fiscal Responsibility and Budget Management (FRBM) architecture with debt and
fiscal deficit path.
ToR of FC takes into account above fiscal and budgetary reforms. The task of determining expenditure
and receipts of Union and State governments based on which FC shall make its recommendations is time
consuming, as checks for data consistency across time and data sets become challenging.
About Finance Commission
FC is constituted by President under Article 280 of Constitution of India. It is constituted to give
recommendations on distribution of tax revenues between Union and the States and amongst States
themselves.
XV FC:
It was constituted by Presidential Order on November 2017 under the Chairmanship of N. K. Singh.
It will decide formula for devolution of revenue/funds between Centre and States, for a 5 year period–
April 2020 to March 2025.
Newly Appointed Governors of Chattisgarh and Andhra Pradesh
President Ram Nath Kovind has confirmed appointment of Rajya Sabha member Anusuiya Uikey as
Governor of Chhattisgarh and Senior Bhartiya Janta Party (BJP) leader Biswa Bhusan Harichandan as
Governor of Andhra Pradesh.
Anusuiya Uikey
She is a sitting member of Rajya Sabha from Madhya Pradesh.
She succeeds Anandiben Patel, who as Governor of Madhya Pradesh was also holding additional
charge of Chhattisgarh due to sudden demise of Balram Das Tandon then Chhattisgarh Governor on
August 2018.

She previously held the post of Minister of Women and Child Development in state government of
Madhya Pradesh.
In 2000 she became a member of National Commission for Women and since then has been leading
a campaign for tribal women’s empowerment.
She is the 1st tribal women to hold post of Governor of Chhattisgarh since formation of state in
2000.
Biswa Bhusan Harichandan
He is a Veteran Bhartiya Janta Party (BJP) leader.
He succeeds ESL Narasimhan, who is serving as Governor for Andhra Pradesh since December 2009.
In 1971 he became member of Bharatiya Jana Sangha and became its National Executive Member till
formation of Janta Party in 1977. Later, he joined the BJP and served as BJPs President for Odisha
from 1980 to 1988.
He was also detained during Maintenance of Internal Security Act (MISA) among several other leaders
during Emergency. MISA now stands repealed.
Governors in India
Articles 152-162 (in Part VI) of Constitution of India contain the provision related to Governors of states.
Article 153: States that there shall be Governor for each state. The same person can serve as governor for
two or more states, this was facilitated by 7th Constitutional
subhaprada Amendment
mohanty | subhapradam@gmail.com | Act, 1956.
Article 155: States that Governor is appointed by President by warrant under his hand and seal. By
convention, governor’s appointment is done on recommendation of Prime Minister of India.
Eligibility: He/she should be at least 35 years of age (Article 157). Person so appointed should not hold any
other office of profit (Article 158).
Tenure: There is no fixed tenure of governor. He/she holds office at pleasure of President.
Rajya Sabha passes Airports Economic Regulatory Authority (Amendment) Bill 2019
The Airports Economic Regulatory Authority of India (Amendment) Bill, 2019 has been passed by Rajya
Sabha. The bill seeks to amend Airports Economic Regulatory Authority of India Act, 2008. It is yet to be
passed by Lok Sabha.
Salient Features of Amendment Bill
Definition of major airports: The Bill seeks to amend definition of major airport as any aerodrome which
has or is designated to have annual passenger traffic of over 35 lakh instead of existing 15 lakh. Currently,
major airports with an annual capacity to handle 15 Lakh passengers come under purview of AERA.
Tariff determination by AERA:
At present as per the Act, AERA is responsible for determining-
the tariff for aeronautical services at different airports every 5 years
the development fees of major airports
the passengers service fee.
Moreover AERA can also call for necessary information to determine tariffs and perform any other tariff-
related functions, such as amending tariffs if necessary in interim periods.
Amendment Bill adds that AERA will not determine the tariff, tariff structures and development fees, in
certain cases. These cases include the case of privatised airports where such tariff amounts were a part of
bid document (offered at the time of the privatisation) on basis of which airport operations were awarded.
Although AERA will be consulted by concessioning authority before incorporating such tariffs in bid
document, and such tariffs must be notified.
About Airports Economic Regulatory Authority of India
AERA is a regulator that has powers to set tariffs charged at airports.
It was established by Airports Economic Regulatory Authority of India Act, 2008.
It is an independent economic regulator for protection of interests of airports, airlines and passengers.
Function: It regulates tariffs and other charges for aeronautical services provided at civilian airports with
annual traffic above 15 lakh passengers. It also monitors performance standard of services across these
airports.

LS passes National Investigation Agency (Amendment) Bill, 2019

The National Investigation Agency (Amendment) Bill, 2019 was passed by Lok Sabha, to allow NIA to probe
terrorist acts against Indians and Indian interests abroad. The Bill seeks to give more teeth to National
Investigation Agency (NIA).
Key Highlights
NIA was set up in 2009 in aftermath Mumbai terror attack that had claimed 166 lives.
Since 2017, Union Home Ministry has been pushing for giving more power to NIA to meet fresh
challenges.
The amendments will allow NIA to probe cybercrimes and cases of human trafficking.
In every state there is only one NIA designated court and these courts would only take NIA cases and not
others.
The National Investigation Agency (Amendment) Bill, 2019 amends National Investigation Agency (NIA) Act,
2008 that provides for a national-level agency to investigate and prosecute offences listed in a schedule
(scheduled offences). Also, NIA Act allows for creation of Special Courts for trial of scheduled offences.
Scheduled offences: The schedule to Act mentions list of offences which are to be investigated and
prosecuted by NIA which include offences under Acts like Atomic Energy Act (AEA), 1962, and Unlawful
Activities Prevention Act (UAPA), 1967. In addition to these the Bill also seeks to allow NIA to investigate
following offences- cyber-terrorism, offences related to counterfeit currency or bank notes, offences under
Explosive Substances Act (1908), manufacture or sale of prohibited arms and human trafficking.
Jurisdiction of NIA: The present NIA Act provides for creation of NIA to investigate and prosecute
offences specified in schedule and NIA officers have same powers as other police officers in relation to
investigation of such offences, across India. The NIA Amendment Bill seeks that in addition to current
provisions, NIA officers will have power to investigate scheduled offences committed outside India,
subject to domestic laws of other countries and international treaties. Also, if the offence has been
committed in India Central government may direct NIA to investigate such cases and Special Court in
New Delhi will be having jurisdiction over these cases.
Special Courts: Currently the Act allows central government to constitute Special Courts for trial of
scheduled offences but the Bill passed amends this to state that central government may designate
Sessions Courts as Special Courts for trial of scheduled offences.
Although, before designating Sessions Courts as Special Courts for trial of scheduled offences, the central
government is required to consult Chief Justice of High Court under which the Sessions Court is
functioning.
In case when more than one Special Court has been designated for any area, then senior-most judge will
distribute cases among courts. Moreover, state governments may also designate Sessions Courts as
Special Courts for trial of scheduled offences.
Parliament adopts resolution levying 200% duty on all Pakistani goods
The Parliament of India has adopted a statutory resolution for levying 200% duty on all goods exported
from or originating in Pakistan. The two statutory resolutions were moved by Anurag Thakur, Minister of
State (M/S) for Finance on behalf of Union Minister of Finance Smt. Nirmala Sitharaman and both were
adopted by voice vote.
Key Highlights
India had notified about levying of basic custom duty to 200% on all goods exported from Pakistan with
effect from 16 February 2019. In this regard both Lok Sabha and Rajya Sabha approved the amendment in
1st schedule of Customs Tariff Act (CTA), 1975.
The 1st resolution sought to approve February 2019 notification to insert new tariff item 9806 00 00
under Chapter 98 of 1st Schedule of Customs Tariff Act.
Besides, the statutory resolution the Rajya Sabha adopted the move to increase basic custom duty (BCD)
on lentils, boric acid and diagnostic and laboratory reagents. Custom duty on lentils has been increased

from 40% to 50%, on diagnostic items from 20% to 30% and on boric acid it has been increased from 17.5 to
27.5%.
What is a Statutory Resolution?
It is a resolution in pursuance of a provision in Indian Constitution or an Act of Parliament.
Illegal Coal Mining in Meghalaya: SC directs State Govt to deposit fine
Supreme Court of India has directed Meghalaya state government to deposit Rs.100 crore fine imposed on
it by National Green Tribunal (NGT) for failing to curb illegal coal mining with Central Pollution Control
Board (CPCB).
Key Highlights of Judgement
A SC bench of Justice Ashok Bhushan and Justice K M Joseph has directed state administration to hand over
illegally extracted coal to Coal India Limited (CIL) which will auction it and deposit the funds with state
government.
SC upheld that as per statutory regime brought in force by notification of 15 January 2016 issued under
Environment (Protection) Act (EPA) 1986, environmental clearance was required for a project of coal for
mining of any extent of area.
SC bench also acknowledged that since Meghalaya has very limited sources of revenue and it allowed it to
transfer Rs.100 crore to CPCB would be subhaprada
used mohanty
for restoration work from Environment Protection and
| subhapradam@gmail.com |
Restoration Fund (EPRF).

Evidence: Allegations of environmental degradation by illegal and unregulated coal mining has taken
place in Meghalaya were fully proved from report of Meghalaya State Pollution Control Board, report of
committee headed by former High Court Judge B P Katakey (or Katakey Committee), and report of
experts, which all proved environmental degradation of water, air and surface.
Coal lying in Open: SC clarified that all extracted coal as assessed by Meghalaya government lying in
different districts which as per order of NGT is in custody of state shall be handed over to Coal India Ltd.
(CIL) for proper disposal. Katakey Committee after discussion with CIL and Meghalaya shall formulate a
mechanism for transport, weighment of all assessed coal. The apex court had earlier refused to allow
miners to transport extracted coal lying at various sites in Meghalaya.
Allowed Sites: SC bench has allowed mining operation to go on in Hills districts of Meghalaya on either
privately or community owned land, but it is subjected to lease or required permissions from concerned
authorities.
Background
On 13 December 2018, total of 15 miners were trapped in an illegal coal mine in East Jaintia Hills district of
Meghalaya, about 3.7 km deep inside a forest, when water from nearby Lytein river gushed into it. So far
only two bodies have been recovered from mine.
Parliament passes Special Economic Zones (Amendment) Bill, 2019
Published On Jun 28, 2019
Parliament has passed Special Economic Zones (Amendment) Bill, 2019 to allow trusts to establish units in
Special Economic Zone (SEZs). It was first legislation to be passed by newly-constituted 17th Lok Sabha. It
replaces Special Economic Zone (Amendment) Ordinance 2019 promulgated March 2019 and amends SEZ
Act 2005.
Salient features of Bill
It amends definition of “person” under Section 2(v) of the SEZ Act 2005 to include ‘trusts’. Apart from
trusts, it also includes any entity that central government may notify from time to time in the definition of
‘person’.
Section 3(2) of SEZ Act, 2005
The proposal for establishment of SEZ can be made by any “person”. Currently, person under Section 2(v)
of the SEZ Act 2005 is defined as individual, whether resident in India or outside India, Hindu undivided
family, co-operative society, company (whether incorporated in India or outside India), proprietary, firm,
concern, or association of persons or body of individuals, whether incorporated or not, local authority and
any agency, office or branch owned or controlled by such individual.

Maratha quota valid but should be reduced: Bombay HC

Bombay High Court (HC) upheld the reservation for Maratha community in government jobs and
education constitutional valid but suggested to reduce the quota percentage from present 16% to 12-13%.
Key Highlights of Judgment
The reduced quota limit suggested by Bombay HC is as recommended by State Backward Classes
Commission.
Legislative Competence: As per HC, state government possesses legislative competence to create a
separate category of Socially and Educationally Backward Class (SEBC) and grant reservation.
The court was hearing petitions challenging Maharashtra government’s decision granting 16 per cent
reservation to the Maratha community in government jobs and educational institutions.
Background
On 30 November 2018, following the state wide agitations by Maratha Community, the Maharashtra
legislature passed a bill granting 16% reservation in education and government jobs for Marathas.
Maratha Community was also declared a socially and educationally backward class by government.
The government defended its decision by stating that quota was meant to alleviate Maratha community,
which was socially and economically backward.
Petition: subhaprada mohanty | subhapradam@gmail.com |
HC gave the judgment upon hearing a bunch of petitions which challenged Maharashtra government’s
quota decision of granting 16% reservation to Marathas.
The petitions argued that reservation provided violates the Supreme Court’s orders which states that
reservation in any state should not exceed more than 50% per cent.
However, reservation to Marathas will be in addition to the existing 52% overall reservation in state and
with additional 16% reservation, reservation quantum in state was expected to rise to 68%.
Centre to remove Minimum Education requirement for Transport Drivers
The Union Ministry of Road Transport and Highways (MoRTH) has decided to remove requirement of
minimum educational qualification (class 8th pass) for transport vehicle drivers in country.
Key Highlights
Background: Currently, as per the Central Motor Vehicle Rules, 1989, a transport vehicle driver must need
to have passed Class VIII. Initially, Haryana state government had requested Centre for waiver of
minimum educational qualification condition for drivers belonging to economically backward Mewat
region of Haryana where the residing population is dependent for livelihood on low-income earning
pursuits such as driving, and even though many people in region possessed required driving skill but not
had required educational qualification, thus were finding it difficult to obtain driving license.
Benefits: This move will benefit skilled persons in economically backward areas and will open up
employment opportunities for a large number of unemployed youth (especially rural areas), who may not
have a formal education but are otherwise skilled and literate. It will also help meet shortage of nearly 22
lakh drivers in country’s transport and logistics sector, which is hindering economic growth.
Balancing Act: Although removing the minimum educational qualification requirement is being
welcomed but emphasis must be laid upon training and skill testing of drivers so that road safety is not
compromised in any way.
Key Decisions:
MoRTH emphasized that anyone applying for a driving license will have to mandatory pass a stringent
skill test.
It also made a point that training imparted by a school/establishment as mentioned in the Motor Vehicles
Act 1988, should compulsorily ensure that driver can read signs and perform logistical duty like
maintaining driver logs, submitting pre-trip and post-trip records, inspecting trucks/trailers, determining
any kind of discrepancies in paperwork as well as must have effective communication to report safety
hazards.
Since driving schools are subject to regulatory control by states therefore, training imparted should be of

high quality, and must cover all aspects of driving a particular type of motor vehicle.
Way Ahead
The central government has initiated process of amendment to rule 8 of Central Motor Vehicles (CMV)
1989 for removing minimum education qualification criteria and draft notification in this regard will be
issued soon.
Cabinet approves Governor’s Rule in J&K for another 6 months
The Union Cabinet chaired by Prime Minister Narendra Modi approved the extension of President’s rule
under article 356(4) of Indian Constitution, in Jammu and Kashmir (J&K) for a period of 6 more months,
beginning from 3 July 2019. The decision was based on prevailing situation in state as stated in report of
Governor of Jammu and Kashmir, Satya Pal Malik.
The present term of President’s Rule is expiring on 2 July 2019 but as recommended by J&K Governor, the
President Rule in State may be extended for a further period of six months with effect from 3 July 2019 if it
gets parliamentary approval.
Implementation: A resolution seeking approval of parliament for extending President’s Rule in J&K will
be moved in both houses of parliament during the upcoming session.
Background
J&K was placed under Governor’s Rulesubhaprada after Bharatiya Janta Party (BJP) pulled out of coalition
government with J&K’s Peoples Democratic Party (PDP) in June 2018. This Governor’s Rule was
proclaimed under Section 92 of Constitution of J&K with concurrence of President of India.
It had resulted in Governor assuming to himself functions of Government as well as Legislature of J&K.
During this time, State Assembly was initially suspended due to breaking of coalition government and was
later dissolved by Governor in November 2018.
The President’s Rule under Article 356 of Indian Constitution was imposed in J&K after Governor’s rule
imposed in June 2018 had ceased after six months period in December 2018. It was imposed because
under Section 92 of J&K Constitution, there is no provision for further continuation of such Proclamation
after six months period. Later, resolution imposing President rules in J&K was approved by Parliament,
(separately by Lok Sabha and Rajya Sabha).
Way Forward
The Election Commission of India (ECI) stated that under Article 324 of Indian Constitution and other
extant laws/rules etc. it took unanimous decision of holding of Jammu and Kashmir Assembly elections
later in this year. The EC now confirmed that election schedule for state will be announced after the
conclusion of Amarnath Yatra in August 2019. The Commission will also keep regular and real-time
monitoring of situation in J&K as well as taking inputs from all necessary quarters for successful
conduction of election.
About President’s Rule
Article 356 of constitution of India empowers President to issue a proclamation of Present’s Rule (or State
Emergency), if he is satisfied that a situation has arisen in which government of a state cannot be carried
on in accordance with provisions of Constitution. Thus, President’s rule is also called Constitutional
Emergency as it deals with failure of constitutional machinery in State. The President can act in
accordance with or without the report of Governor of state.
President’s Rule in a state can continue for a period of 6 months at a time and after this period it can be
extended for another term with approval of both houses of Parliament (Lok Sabha and Rajya Sabha) but for
a maximum period of 3 years.
Supreme Court gets full strength of Judges
Published On May 23, 2019
Supreme Court has reached its full sanctioned strength of 31 with appointment of 4 new judges to the
apex court. The total sanctioned strength of Supreme Court is 31 (30 + 1), which includes 30 Supreme
Court Judges and 1 Chief Justice of India (CJI). The length of their term is from their joining till they retire
at the age of 65.
Key Highlights
The Centre has cleared the four names recommended by five-member Supreme Court Collegium
headed by Chief Justice Ranjan Gogoi, for elevation as judges of the apex court.
The law ministry issued notification regarding appointment after President of India Ram Nath
Kovind signed their warrants of appointment.
Delay: The government initially returned the names of Justices Bose and Bopanna to the SC
collegium after citing seniority and representation of regions as the reasons. But, SC collegium
passed a resolution in early May which reiterated its recommendation to elevate Justices Bose and
Bopanna to apex court and also recommended the names of justices B R Gavai and Justice Kant. The
collegium observed that nothing wrong has been found regarding their conduct, competence or
integrity.
Importance: As of now, Supreme Court was functioning with 27 judges including the Chief Justice
of India. After the elevation of four new judges, the apex court reached its full sanctioned strength of
31 judges. In recent past this is the first time that SC will have its full sanctioned strength.
The four newly appointed judges are-
1. Justice Aniruddha Bose– His parent High Court is Calcutta HC. He is Chief Justice of Jharkhand
HC and stands at number 12 in all-India seniority of judges.
2. Justice Surya Kant– is incumbent Chief Justice of Himachal Pradesh HC.
3. Justice A S Bopanna– His parent high court
subhaprada mohantyis Karnataka |HC. He is Chief Justice of Gauhati HC and
| subhapradam@gmail.com
stands at number 36 in all-India seniority of judges.

4. Justice B R Gavai – is a judge of the Bombay High Court. Once sworn in, he could become the Chief
Justice of India in May, 2025 and will be second Dalit CJI after K G Balakrishnan who retired on May
11, 2010.
Delhi HC: United Nation not State under Article 12

In a recent judgement the Delhi High court (HC) ruled that United Nations Organization (UNO) is not
‘State’ in terms of Article 12 of the Indian Constitution and thus it is not amenable to its jurisdiction under
Article 226.
About The Case
Case: The Delhi HC judgment adjudicated the petition filed concerning immunity enjoyed by UNO
under United Nations (Privileges and Immunities) Act, 1947.
Petitioner: The plea in case is filed by a former UNO employee who was found guilty of misconduct
following the findings of Procurement Task Force. He was then convicted by a US Federal Court and

sentenced to 8 years of imprisonment and 2 years of mandatory probation, was later released and
deported to India in May 2014. The petition filed by him claims that due process was not followed in
his case.
Course Followed:
In November 2018, the petitioner sought permission of Union Ministry of External Affairs
(MEA) to initiate a legal action against UNO under section 86 of Civil Procedure Code, 1908. This
section 86 of CPC provides that a foreign State may be sued in any Court once the consent of
Central government is obtained.
The MEA then stated that consent of Union Government was not required to initiate legal suit
against UNO as it was not foreign State rather only an International Organization.
MEA although stated that UNO and its officials enjoyed immunity under United Nations
(Privileges and Immunities) Act, 1947. It also added that as per Section 2 of Article II of the
Schedule of Act, 1947, UNO enjoys immunity from every kind of legal process except insofar as
in any particular case it has clearly waived its immunity. The same became subject matter of
petition filed before the Delhi High Court.
Article 12 of Constitution of India
As per it the ‘States’ in relation to Part III (Fundamental Rights) of Constitution includes Government and
Parliament of India (Lok Sabha and Rajya Sabha), Government and Legislature of each of State (Vidhan
Sabha and Vidhan Parishad), all local (or other) authorities within territory of India or under control of
Union of India.
Article 226 of Constitution of India
It empowers the high courts of India to issue orders, directions or writs, which includes writs in nature of
habeas corpus, prohibition, mandamus, certiorari, and quo warranto (or any of them) to any concerned person
or authority, including the government (in appropriate cases).
SC Verdict: Foreigners Tribunal decision will prevail over NRC
The Supreme Court of India has held that a Foreigner Tribunal’s order declaring a person as an illegal
foreigner will be binding and will prevail over government decision to include or exclude name from
National Register of Citizens (NRC) in Assam.
Key Highlights
Argument: The SC bench constituted of Chief Justice of India (CJI) Ranjan Gogoi and SC Justice
Deepak Gupta and Justice Sanjiv Khanna unanimously distinguished between decisions of NRC) and
of foreigners tribunals and upheld that the tribunal’s order being the quasi-judicial one will prevail.
Verdict: As per SC the persons whose names are not included in NRC in Assam can produce
documents including ones related to their family tree and thus seek review of tribunal’s decision. As
per SC it cannot create an appellate forum for those, declared as illegal foreigners by the foreigners
tribunal, by using its power under Article 142 of Indian Constitution.
Outcome: If the name of a person, included in NRC in Assam is deleted on ground that he was a
foreigner, then principle of ‘res-judicata’ (a judicially decided issue cannot be re-agitated) would apply
on decision taken by foreigners tribunal. Thus a person who has been declared an illegal immigrant
cannot seek re-decision (right of appeal) against exclusion or dropping of his name in normal
circumstances.
About Foreigners (Tribunal) Order, 1964
The order was passed by Government of India (GoI) under section 3 of foreigners Act, 1946.
The GoI can constitute foreigners tribunals whenever required to look into question of whether a
person is or not a foreigner within the meaning of Foreigners Tribunals act, 1946.
The Foreigners tribunal shall consist of persons having judicial experience as government may think
fit to appoint.
It has powers of a civil court while trying a suit under code of civil procedure, 1908. It includes
summoning any person, requiring any document and issuing commissions for examination of any
witness.

Plea for Lifting Ban on Muslim Women’s Entry into Mosques in SC

Published On Apr 18, 2019
The Supreme Court on Tuesday admitted for consideration a plea by a couple to lift the ban on Muslim
women’s entry into mosques across the country.
Based on the plea by a Pune-based Muslim couple the Supreme Court has issued a notice to the Centre, the
Waqf Board and the All India Muslim Personal Law Board (AIMPLB).
What are the arguments made by the Petitioner?
Banning the entry of women into Mosques violates Articles 14 (Equality), 15 (Prohibition of
discrimination on grounds of religion, race, caste, sex or place of birth), 21 (Protection of life and
personal liberty), 25 (Freedom of conscience and free profession, practice and propagation of
religion) and 29 (Protection of interests of minorities) of the Constitution.
Bar on Muslim women entry to mosques was violative of Article 44 of the Constitution of India,
which encourages the State to secure a Uniform Civil Code for all citizens, by eliminating
discrepancies between various personal laws currently in force in the country.
The petition also laid emphasis on the apex court’s Sabarimala verdict where the Supreme Court had
lifted the ban on entry of women into Kerala’s Sabarimala temple stating “Religion cannot be used as
cover to deny rights of worship to women and it is also against human dignity. Prohibition on
women is due to non-religious reasons and| subhapradam@gmail.com
subhaprada mohanty it is a grim| shadow of discrimination going on for
centuries”.
Accepting the petition the Supreme Court had said that “We are only hearing you, and maybe will hear
you in the future, because of Sabarimala Judgment.”
Current Situation
At present women are allowed to offer prayers at mosques under the Jamaat-e-Islami and Mujahid
denominations and women are barred from mosques under the predominant Sunni faction. Even in
mosques where women are allowed, there are separate entrances and enclosures for worship for men and
women.
PMLA prevails over Bankruptcy Act and Insolvency Code: Delhi HC
The Delhi High Court has ruled that Prevention of Money Laundering Act (PMLA) prevails over the
Bankruptcy Act and insolvency code when it comes to attachment of properties obtained as ‘proceeds of
crime’.
The Enforcement Directorate (ED) had challenged the orders of PMLA appellate tribunal on the pleas of
various banks. PMLA Tribunal had held that third parties, banks in this case, which have legitimately
created rights such as a charge, lien or other encumbrances, have a superior claim over such properties.
Observations made by Delhi High Court
PMLA, Recovery of Debt and Bankruptcy Act (RDBA), Securitisation and Reconstruction of Financial
Assets and Enforcement of Securities Interest (SARFAESI) Act and Insolvency and Bankruptcy Code
(IBC) must co-exist and be enforced in harmony.
The Delhi High Court has set aside the verdict of the PMLA tribunal and held that the objective of
PMLA being distinct from the purpose of RDBA, SARFAESI Act and IBC.
RDBA, SARFAESI Act and IBC doesn’t not prevail over PMLA
The attachment order under the PMLA will not be illegal only because a secured creditor has a prior
secured interest [charge] in the property, within the meaning of the expressions used in RDBA and
SARFAESI Act.
Also mere issuance of an order of attachment under the PMLA does not ipso facto render illegal a
prior charge or encumbrance of a secured creditor, the claim of the latter for release [or restoration]
from PMLA attachment being dependent on its bonafides.
Delhi High Court has stated that by the virtue of Section 71, PMLA has the overriding effect over other
existing laws in the matter of dealing with “money-laundering” and “proceeds of crime”.
RTI Act supersedes Official Secrets Law
Delivering a separate judgment in the Rafale case, Justice K.M. Joseph has made the following

observations:
The Right to Information Act confers on ordinary citizens the ‘priceless right’ to demand
information even in matters affecting national security and relations with a foreign state.
Justice Joseph’s judgment countered the claim made by the government for privilege over Rafale
purchase documents under the Official Secrets Act (OSA), saying it affected national security and
relations with France.
Justice Joseph said the Right to Information (RTI) Act overawes the OSA.
Under Section 8(2) of the RTI Act, the government cannot refuse information if disclosure in public
interest overshadows certain ‘protected interests.’
Justice Joseph in his judgment has stated that through Section 8(2) of the RTI Act, Parliament has
appreciated that it may be necessary to pit one interest against another and to compare the relative harm
and then decide either to disclose or to decline information. If higher public interest is established, it is the
will of Parliament that the greater good should prevail though at the cost of lesser harm being still
occasioned.
Election Commission of India on Electoral Bonds
Published On Mar 29, 2019
In an affidavit filed before the Supreme Court, the Election Commission of India has made the following
observations: subhaprada mohanty | subhapradam@gmail.com |
Electoral bonds, contrary to government claims, wreck transparency in political funding.

Electoral bonds coupled with the removal of the cap on foreign funding invites foreign corporate
powers to impact Indian politics.
Electoral bonds would cause a “serious impact” on transparency in the funding of political parties.
The Election Commission of India further criticises amendments made to various key statutes through
the two consecutive Finance Acts of 2016 and 2017.
What were the amendments made?
The Finance Act of 2017 amends various laws, including the Representation of the People Act of 1951, the
Income Tax Act and the Companies Act. The Finance Act of 2016 makes changes in the Foreign
Contribution (Regulation) Act of 2010.
The amendment to Representation of the People Act allows political parties to skip recording donations
received by them through electoral bonds in their contribution reports to the ECI.
The amendments introduced to the Income Tax Act allow anonymous donations. Donors to political
parties are not required to provide their names, address or PAN if they have contributed less than Rs.
20,000. The Election Commission notes that many political parties have been reporting a major portion of
the donations received as being less than the prescribed limit of Rs. 20,000.
The Finance Act of 2016 allowed donations to be received from foreign companies having a majority stake
in Indian companies.
Observations by Election Commission
The Election Commission of India called these measures as a retrograde step and the ECI has no way to
ascertain whether the donations were received illegally by the political party from government companies
or foreign sources.
The Election commission also expressed concerns that these amendments would pump in black money for
political funding through shell companies and allow unchecked foreign funding of political parties in India
which could lead to Indian politics being influenced by foreign companies.
Drugs and Clinical Trials Rules, 2019
The Union Ministry for Health and Family Welfare has notified the Drugs and Clinical Trials Rules, 2019
with an aim to promote clinical research in the country.
Features of the New Rules
The new rules reduce the time for approving applications to 30 days for drugs manufactured in
India and 90 days for those developed outside the country.
The new rules state that in case of no communication from Drug Controller General of India (DCGI),

the application will be deemed to have been approved.

The new rules will ensure patient safety, as they would be enlisted for trials with informed consent
and the ethics committee will monitor the trials and decide on the amount of compensation in cases
of adverse events.
The new rules mandates that in case of injury to the clinical trial subject, medical management will
be provided as long as required as per the opinion of the investigator or till such time it is
established that the injury is not related to the clinical trial.
Compensation in cases of death and permanent disability or other injuries to a trial subject will be
decided by the Drug Controller General.
The rules also waive off the requirement of a local clinical trial if the drug is approved and marketed
in countries specified by the DCGI with the approval of government from time to time and certain
other conditions.
The DCGI has waived off the clinical trial for the drugs approved and marketed in the European
Union, the UK, Australia, Canada, Japan and the US.
The new rules aim to promote clinical research in India by providing for a predictable, transparent and
effective regulation for clinical trials and by ensuring faster accessibility of new drugs to the Indian
population. subhaprada mohanty | subhapradam@gmail.com |
Governments Prerogative to Frame Schemes: Supreme Court
The Supreme Court has censured the Uttarakhand High Court for framing a scheme to regularise
hundreds of casual workers engaged by the Border Roads Organisation (BRO) under the Ministry of
Defence in the construction of roads for Char Dham Yatra pilgrimage.
What was the Issue?
A case was filed in the Uttarakhand High Court by unions representing the casual workers,
including the All India Trade Union Congress against the centre alleging that the Centre had not
regularised the labourers though they had worked for BRO for years.
Disposing of the petition the Uttarakhand High Court itself framed a scheme to regularise the
services of the casual labourers and granted them benefits similar to those of regular employees
under the labour law.
Observations made by the Supreme Court
It is the sole prerogative of the government to frame schemes and courts should stay out of
governance.
High Court has failed to see that it is not the function of the courts to frame any scheme but it is the
sole prerogative of the government to do it.
All that the High Court could have done is exercising of its the extraordinary power under Article
226 of the Constitution to direct the government to consider framing an appropriate scheme.
Article 226
Article 226 empowers the High Court’s to issue, to any person or authority, including the
government directions, orders or writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto, certiorari or any of them.
Contempt Order against Shillong Times Editor, Publisher Put on Hold
The Supreme Court has put on hold the Meghalaya High Court’s judgment holding The Shillong Times
editor Patricia Mukhim and publisher Shobha Chaudhuri guilty of contempt and fining them Rs 2 lakh
each.
What was the Case?
The Shillong Times has published an article titled “When judges judge for themselves” in pursuant to a
high court order directing the government to amend rules so that spouses and children of retired judges
become eligible for medical treatment.
The matter was taken up the high court on its own and further the high court had also set aside the
amendment to the rules that excluded protocol services and guest house facilities from being applicable to
the retired judges and their spouses and children.
The High Court had found the editor and publisher guilty for publishing the article “When judges judge
for themselves”. The Supreme Court has now put on hold the judgment of Meghalaya High Court.
Contempt of Court
Contempt of court refers to actions which defy a court’s authority, cast disrespect on a court, or impede
the ability of the court to perform its function.
The Contempt of Court provisions in India are enshrined under Articles 129 and 215 of the constitution for
Supreme Court and High Court respectively and Contempt of Courts Act, 1971.
Civil Contempt is defined as willful disobedience to any judgment, decree, direction, order, writ or other
processes of a court or wilful breach of an undertaking given to a court.
Criminal Contempt is defined as the publication (whether by words, spoken or written, or by signs, or by
visible representation, or otherwise) of any matter or the doing of any other act which:
Scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court, or
Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding, or
Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice
in any other manner.
Section 20 of the Contempt of Courts Act of 1971 limits the period for initiating contempt proceedings is of
one year from the date on which the contempt is alleged to have been committed.
Exclusion from draft Assam NRC will not affect voting rights: ECI

The Election Commission of India (ECI) has stated before the Supreme Court that exclusion of names of
persons from draft National Registry of Citizens (NRC) in Assam will not affect their voting rights in the
upcoming Lok Sabha polls provided their names feature in the electoral rolls.
Petition before the Supreme Court
Petition filed by Gopal Seth and Susanta Sen, residents of Assam feared that people would lose their voting
rights due to the ongoing exercise of National Registry of Citizens. The petition highlighted five categories
of people:
Persons whose names were deleted from the voter list which includes names of those appeared in
the draft NRC published on July 30, 2018.
People whose names were not included in the complete draft NRC, but they subsequently filed
claims for inclusion of their names in it.
People who have been declared as foreigners by the foreigners’ tribunal as well as the Guwahati
High Court. The order which has been stayed by the apex court.
People who had already been declared foreigners by the foreigners’ tribunal and such declarations
were set aside by the apex court.
People whose names have not been included in the draft NRC, but other members of their families,
including parents, have been included in the NRC and they have filed their claims for the inclusion of
their names.
Allaying the fears the ECI has assured that exclusion of names of persons from draft NRC in Assam will
not affect their voting rights in the upcoming Lok Sabha polls and sought the dismissal of the petition.
The Supreme Court asked the ECI to provide data about the addition and deletion of names from voters’
list as revised in January for 2017, 2018 and 2019. The case for posted for further hearing on March 28.
Centre allows State Governments to put Enemy Properties to Public Use
The central government has allowed the state governments to put enemy properties into public use. The
central government has amended the guidelines for disposal of the Enemy Property Order, 2018, to
facilitate usages of enemy property by the state government exclusively for public use.
Enemy Properties
Enemy properties are the properties of the people who migrated to Pakistan during partition and
also to China after the Sino-India war in 1962.
It is estimated that there are 9,280 such properties which were left behind by people who went to
Pakistan and 126 such properties were left by the Chinese nationals.

Of the total properties left behind by those migrated to Pakistan, about 4,991 are located in Uttar
Pradesh, the highest in the country and West Bengal has 2,735 such estates and Delhi 487.
Of the total properties left by those left to China about 57 properties are located in Meghalaya,
highest in the country. West Bengal has 29 such properties and Assam seven.
The estimated value of all enemy properties is approximately Rs 1 lakh crore.
The government had enacted the Enemy Property Act in 1968. This act was further amended through the
Enemy Property (Amendment and Validation) Act, 2017. As the Enemy Property (Amendment and
Validation) Act, 2017 Successors of those who migrated to Pakistan and China during partition will have
no claim over the properties left behind in India.
SC Proposes Mediation Panel for Ram Janmabhoomi-Babri Masjid Land Dispute Case
The Supreme Court has proposed a court-monitored mediation in the Ram Janmabhoomi-Babri Masjid
land dispute case to arrive at a permanent solution to the politically and religiously sensitive issue.
The mediation panel consists of three members. Justice Kalifullah, Retired judge of the Supreme Court will
chair the court-appointed and monitored mediation process and the other two members are spiritual
leader Sri Sri Ravi Shankar and senior advocate Sriram Panchu.
The mediation panel will hold the proceedings at Faizabad ensuring full confidentiality. The mediation
process is expected to start in a week. The status report of the mediation committee will have to be
completed in four weeks with 8 weeks deadline to conclude the hearing.

What is the dispute?
The Babri Masjid-Ram Janmabhoomi case is a property dispute over the land where the Babri Masjid, a
16th-century mosque once stood. The mosque was razed by kar sevaks on 6 December 1992.
The Hindu groups claim that the exact site of Lord Ram’s birthplace is where the Babri Masjid was once
located. They argue that the Mughals demolished a Hindu shrine that marked the spot of Lord Ram’s
birthplace and constructed a mosque in its place. Those oppose to this view argue that such arguments
arose only in the 18th century, and that there is no evidence for the spot being the birthplace of Rama.
Cabinet Clears Ordinance on Reservation Roster for University Teachers
The Union Cabinet headed by Prime Minister Narendra Modi has cleared the ordinance for the
Reservation Roster for University Teachers.
What was the issue?
Following an order by the Allahabad high court in April 2017, the University Grants Commission had
announced in March last year that an individual department should be considered as the base unit to
calculate the number of teaching posts to be reserved for the Scheduled Castes and Scheduled Tribes
candidates.
This order of UGC led to a series of protests. The protestors were demanding the restoration of the 200-
point roster and the government had filed a review petition against the verdict of the Allahabad High
Court which was dismissed by the Supreme Court. The ordinance has been brought in by the Supreme
Court to nullify the verdict of the Supreme Court.
What is the 200-point Roster System?
200 point roster system is a roster system for faculty positions that includes 99 posts reserved for the SC,
ST and OBC communities and 101 posts for the unreserved. Under this roster, in case there is a deficit of
reserved seats in one department, it could be compensated by more people from the reserved
communities in other departments in the university. It considers college or university as a unit for
reservation in teaching posts.
Whereas under the new 13 point roster proposed by the UGC, an individual department should be
considered as the base unit to calculate the number of teaching posts to be reserved for the Scheduled
Castes and Scheduled Tribes candidates. This system had drawbacks for small departments of the
university or college. Also, the 200 point roster system provided an advantage wherein the deficit in
reservation in one department could be compensated by other departments. The government has brought
an ordinance to restore the 200-point roster system.

President Approves Amendments to Indian Stamp Act 1899

Published On Feb 22, 2019
President Ram Nath Kovind has given the assent for the amendments to the Indian Stamp Act 1899
introduced as part of the Finance Act 2019.
Amendments Proposed
The amendments proposed are:
Creation of the legal and institutional mechanism to enable states to collect stamp duty on securities
market instruments at one place by one agency (through the Stock Exchanges or Clearing
Corporations authorised by the stock exchange or by the Depositories).
A Mechanism for appropriate sharing the stamp duty with relevant state governments based on the
state of domicile of the buying client.
Creation of a Coordination Council comprising representatives from Union and States under Article
263 of the Indian Constitution tasked with the responsibility of making recommendations regarding
review/revision of stamp duty rates.
Stamp Duty Rates
The duties levied by Maharashtra will be taken as a benchmark as the state of Maharashtra accounts
for 70% of the total collection.
The rates would be chosen in such asubhaprada
manner that it provides a revenue neutral position to the state
governments while reducing the overall tax burden for investors.
The stamp duty will have to be paid by either the buyer or seller of financial security, as against the
current practice of levying the duty on both.
Benefits of Proposed Amendments
The amendments will rationalise and harmonise the system of levying stamp duty and help curb tax
evasion. The cost of collection would be minimised while revenue productivity is enhanced. Further
adoption of the centralised collection mechanism is expected to bring in not only more revenue but
greater stability to the revenue collection by the states.
The amendments would further aid in developing equity markets and equity culture across the length and
breadth of the country, ushering in balanced regional development.
Jallianwala Bagh National Memorial (Amendment) Bill 2018
The Jallianwala Bagh National Memorial (Amendment) Bill, 2018 was passed in Lok Sabha. The features of
the bill are:
Jallianwala Bagh National Memorial Act, 1951 provided for the erection of a National Memorial in
memory of those killed or wounded on April 13, 1919, in Jallianwala Bagh, Amritsar.
The 1951 Act also provided for a Trust to manage the National Memorial.
The Trust as per the 1951 Act included the Prime Minister, as Chairperson, (ii) the President of the
Indian National Congress, (iii) the Minister in-charge of Culture, (iv) the Leader of Opposition in Lok
Sabha, (v) the Governor of Punjab, (vi) the Chief Minister of Punjab, and (vii) three eminent persons
nominated by the central government.
The 2018 amendment bill removes the President of the Indian National Congress as a Trustee.
Further, the bill clarifies that when there is no Leader of Opposition in Lok Sabha, the leader of the
single largest opposition party in the Lok Sabha will be the Trustee.
The 1951 act provided that the three eminent persons nominated by the central government will
have a term of five years and will be eligible for re-nomination.
The 2018 bill added a clause to allow the central government to terminate the term of a nominated
trustee before the expiry of his term without assigning any reason.
The government claimed that the bill was brought in to address various deficiencies in the management of
the National Memorial and to ensure that the Trust is an apolitical entity.
Registration of Marriage of Non-Resident Indian Bill, 2019
The government has introduced the Registration of Marriage of Non-Resident Indian Bill, 2019 in the
Parliament. The bill was introduced by the Minister of External Affairs Sushma Swaraj in the Rajya Sabha.

Features of the Bill

The Bill aims to arrest the cases of Indian women being trapped in fraudulent marriages with non-
resident Indians (NRI). The important features of the bill are:
The bill mandates the Non-Resident Indians who marry an Indian citizen or a fellow NRI abroad to
compulsorily register their marriages within 30 days.
Failure to register their marriage would face the prospects of their passports being impounded or
even revoked.
The bill allows courts to attach movable and immovable properties of NRIs who are declared
“proclaimed offenders” for failing to appear before the law.
The bill allows courts to send summonses and warrants to the accused through a specially
designated website to be hosted by the Ministry of External Affairs.
The bill amends the Passport Act and the Code of Criminal Procedure to allow passport authorities
to revoke or impound passport or travel documents of the accused, and allow courts to attach their
properties.
The bill clearly states that if an NRI marries an Indian citizen here, the marriage has to be registered
as per local laws and if the marriage takes place abroad, it has to be registered with designated
officers to be appointed in foreign countries.
The Bill proposes to offer greater protection to Indian women married to NRIs and serve as a deterrent to
NRIs against harassment of their spouses.
125th Constitutional Amendment Bill
The government has introduced the 125th Constitutional Amendment Bill in the Parliament to increase
the financial and executive powers of the 10 Autonomous Councils in the Sixth Schedule areas of the
northeastern region.
Features of the Amendment Bill
The salient features of the 125th Constitutional Amendment Bill which will impact one crore tribal people
in Assam, Meghalaya, Tripura and Mizoram are:
The amendments proposed provide for elected village municipal councils, ensuring democracy at
the grass-root level.
The amendment empowers the village councils to prepare plans for economic development and
social justice including those related to agriculture, land improvement, implementation of land
reforms, minor irrigation, water management, animal husbandry, rural electrification, small scale
industries and social forestry.
The amendment bill mandates the finance commission to recommend devolution of financial
resources to these autonomous councils. The Autonomous Councils are dependent on grants from
Central ministries and the State government for specific projects.
The amendment bill also reserve one-third of the seats for women in the village and municipal
councils in the Sixth Schedule areas of Assam, Mizoram and
The bill to empower the Autonomous Councils was announced by the government last month in the
backdrop of the protests in the North-East following the passage of the Citizenship Amendment Bill, 2019,
in the Lok Sabha.
Government to set-up a Unified Authority for Regulating Entities in IFSC
The Union Cabinet headed by Prime Minister Narendra Modi has approved setting up of a unified
authority for regulating all financial services in international financial services centres (IFSCs) in the
country. The government has approved a bill to set up a unified regulator.
Fact Box
The first IFSC in India was set up at GIFT City in Gandhinagar, Gujarat.
Promoting the Ease of Doing Business

IFSCs are set-up to bring back the financial services and transactions that are currently carried out in

offshore financial centres by Indian corporate entities and overseas branches or subsidiaries of financial
institutions (FIs) to India.
In order to ensure this, the business and regulatory environment must be comparable to other leading
international financial centres in the world like London and Singapore. Currently, the banking, capital
markets and insurance sectors in IFSCs are regulated by multiple regulators like the RBI, SEBI and IRDAI
respectively.
For IFSCs to attain its objectives there is a need for inter-regulatory coordination. The establishment of a
unified financial regulator for IFSCs will result in providing a world-class regulatory environment to
market participants from the ease of doing business perspective.
For the setting up of a unified regulator, the Union cabinet has approved the International Financial
Services Centres Authority Bill, 2019.
Plea in Supreme Court in favour of Two Child Policy
A plea filed lawyer Ashwini Upadhyay in Supreme Court has sought the declaration of the ‘two-child
norm’ as a mandatory criterion for government jobs, aids and subsidies and urged that the law dealing
with the condition for recognition of a state or national party be suitably amended in this direction.
The plea lists the following appeals:
The non-compliance of the norm should lead to the withdrawal of citizens statutory rights including
the right to vote and contest elections.

Declaring of first Sunday of every month as ‘health day’ to spread awareness against population
explosion and providing contraceptive pills, condoms, vaccines to economically-weaker sections and
families below poverty line.
Setting 21 years as the minimum marriageable age for all citizens.
Implementation of the 24th recommendation of the National Commission to Review the Working of
the Constitution (NCRWC) which proposes to control the population by means of education and
implementation of small family norms.
The two-child norm for contesting local body elections has been adopted by states like Andhra
Pradesh, Gujarat, Maharashtra, Odisha, Rajasthan and Haryana has yielded very positive results in
reducing the population growth in those states.
People representatives are not only public servants but also lawmakers. Hence they should set an
example for others for adopting two child norms so that common people of the country can be
encouraged to emulate two-child norm.
The appeal argues that even though India was the first country in the world to have a population policy, it
has not achieved much in terms of population control due to the negligence of governments.
Linking Of PAN Card with Aadhaar Mandatory for Filing IT returns : SC
The Supreme Court has upheld the section 139AA of the Income Tax Act and said that linking of PAN with
Aadhaar is mandatory for the filing of Income Tax returns.
The Supreme Court made these observations while hearing an appeal filed by the Centre against a Delhi
High Court order allowing two people, Shreya Sen and Jayshree Satpute, to file Income Tax returns for
2018-19 without linking their Aadhaar and PAN numbers.
Noting that with regard to Assessment Year 2018-19 the two petitioners had filed the Income Tax returns
in terms of the orders of the High Court and the assessment has also been completed, Supreme Court said
that for the assessment year 2019-20, the income tax return shall be filed in terms of the judgment passed
by this court.
Section 139AA of the Income-tax Act
Section 139AA of the Income-Tax Act 1961 was introduced by the Finance Act, 2017. The section makes it
mandatory to quote Aadhaar / Enrolment ID of Aadhaar application form, for the filing of return of income
as well as in the application form to enrol for PAN.
The section also specifies that those already in possession of the PAN numbers must mandatorily link
their PAN numbers with Aadhaar. Failure to do so would result in PAN number becoming invalid.
Amendments to the Banning of Unregulated Deposit Schemes Bill, 2018

The Union Cabinet headed by Prime Minister has approved the amendments to the Banning of
Unregulated Deposit Schemes Bill, 2018. The amendments introduced based on the recommendations of
the Standing Committee on Finance strengthen its objective to effectively tackle the menace of illicit
deposit-taking activities in the country, and prevent such schemes from duping poor and gullible people of
their hard earned savings.
The salient features of the bill are:
The Bill bans Deposit Takers from promoting, operating, issuing advertisements or accepting
deposits in any Unregulated Deposit Scheme. The Bill ban unregulated deposit-taking activities
altogether, by making them an offence. The existing legislative-cum-regulatory framework which
only comes into effect ex-post with considerable time lags;
The Bill creates three different types of offences, namely, running of Unregulated Deposit Schemes,
fraudulent default in Regulated Deposit Schemes, and wrongful inducement in relation to
Unregulated Deposit Schemes.
The Bill provides for severe punishment and heavy pecuniary fines to act as a deterrent.
The Bill provides for repayment of subhaprada
depositsmohanty in cases where
| subhapradam@gmail.com | such schemes nonetheless manage to
raise deposits illegally.
The Bill provides for attachment of properties/assets by the Competent Authority, and subsequent
realization of assets for repayment to depositors.
Timelines have been provided for attachment of property and restitution to depositors.
The Bill enables the creation of an online central database, for collection and sharing of information
on deposit-taking activities in the country;
The Bill also defines “Deposit Taker” and “Deposit” comprehensively.
Definition of “Deposit Taker” and “Deposit” under the Bill
Deposit Takers include all possible entities (including individuals) receiving or soliciting deposits, except specific
entities such as those incorporated by legislation;
Deposit is defined in such a manner that deposit-takers are restricted from camouflaging public deposits as receipts,
and at the same time, not to curb or hinder acceptance of money by an establishment in the ordinary course of its
business.
The Bill adopts best practices from State laws and entrusts the primary responsibility of implementing
the provisions of the legislation to the State Governments.
Cinematograph Amendment Bill 2019
The Union Cabinet headed by Prime Minister Narendra Modi has approved the Cinematograph
Amendment Bill 2019. The amendment bill aims to amend the Cinematograph Amendment act 1952. The
features of the amendment bill are:
The amendment bill makes film piracy offences punishable with imprisonment up to three years and
fines that may extend to 10 lakh or both.
The amendment states that any person, who without the written authorisation of the copyright
owner, uses any recording device to make or transmit a copy of a film, or attempts to do so, or abet
the making or transmission of such a copy, will be liable for such a punishment.
Section 7 of the Cinematograph Act, 1952 deals with who can watch and exhibit which films and
penalties for violating terms and conditions related to the exhibition of board-certified films.
The amendment bill adds a new subsection (4) to section 7 of the Cinematograph Act, 1952 with the
definition of piracy and the penal provisions for the same.
The Cinematograph Amendment Bill, 2019 aims to tackle film piracy by including the penal provisions for
unauthorised camcording and duplication of films. The bill when passed will build a credible deterrence
which would increase industry revenues, boost job creation, fulfil important objectives of India’s National

Intellectual Property policy and will give relief against piracy and infringing content online.
Madras High Court Rules against Negative Marking in Competitive Exams
The Madras High Court has ruled against negative marking in competitive examinations saying they are
bad in law.
Observations of the Madras High Court
The Madras High Court while hearing a petition filed by an IIT JEE aspirant who failed to clear the Mains
due to negative marking has made the following observations:
The Madras High Court has accepted the petitioner’s argument that negative marking is not
prevailing anywhere else in the world.
The court said that negative marking acts only as “a bolt in the brain development” of students and
prevents them from making intelligent guesses.
Deducting marks for wrong answers would not in any way help in analysing the intelligence,
aptitude or knowledge of the candidates.
Every candidate could not be expected to know all answers for sure. In such circumstances, the
practice of negative marking would hamper brain development and create a fear psychosis among
students.
The court rejected the CBSE counsel’s argument
subhaprada that in Indian
mohanty | subhapradam@gmail.com | context the practice is necessary.
The judge stated that “Intelligent guessing is an art. It is very useful in our life. One cannot be sure about
all things at all times. An individual will come across a situation where he/she has to decide an issue not
merely based on his knowledge but with little guessing. While intelligent guessing requires an amount of
prior knowledge on the subject, wild guessing is a decision taken just like that”
The Madras High Court ruled not to give negative marks for wrong answers and directed the CBSE to
communicate the order to the National testing Agency which conducts the JEE (Main) exam.
Motor Vehicles (Amendment) Bill, 2017
The Union Minister of Road Transport and Highways, Nitin Gadkari has stated that the Central
Government expects a 20 per cent decline in road accidents from the current five lakh a year and
Parliament’s nod to pending legislation Motor Vehicles (Amendment) Bill will also help curb the accidents.
The features of the Motor Vehicles (Amendment) Bill, 2017 are:
The bill seeks to redress the difficulties faced in obtaining driving licenses without the help of touts
by taking the process online. Tests for driving licences will be automated, and learner’s licences will
be issued online.
The bill provides for an increase of fines for breaking road rules.
The new law states that driving licence issued to a person under the age of 30 is valid till the person
turns 40. For those who receive licences between the ages of 30 and 50, the licence will remain valid
for 10 years. If the licence is issued between 50 and 55 years, it will be valid until the person turns 60,
and above 55 years, licences will carry a five-year validity.
The bill defines aggregators as a digital intermediary or market place for a passenger to connect
with a driver for the purpose of transportation and makes it optional for the states to follow central
guidelines related to the aggregators.
The bill leaves the regulation of aggregators should be left to states.
The bill also removes the cap on payments to be made under third-party insurance proposed in the
2016 bill.
The bill provides for the recall of vehicles if the defective vehicle is a danger to the environment, the
driver or other road users. The manufacturer would be required to reimburse all buyers with the full
cost of the vehicle, replace the defective vehicle, and if necessary pay a fine as specified by the
government.
The Motor Vehicles (Amendment) Bill, 2017 has been passed by the Lok Sabha and is pending in the Rajya
Sabha.

Amendments to Representation of People’s Act 1951

Published On Jan 29, 2019
The Election Commission of India has sought an amendment to the Representation of People Act 1951 to
prevent print media, social media and other digital platforms from carrying political advertisements in
the last 48 hours before the polling begins.
Why the amendment is necessary?
Section 126 of the Representation of People Act 1951 prevents electronic media from airing any political
advertisements in the silent period (48 hours before polling begins),
The Election Commission has also made it mandatory to seek pre-certification of the campaign material to
be published in newspapers during the 48 hours.
But the Social media platforms which are have gained huge prominence for their ability to influence
election outcomes, are completely out of the purview of the pre-screening and prohibition rules.
The committee headed Deputy Election Commissioner Umesh Sinha had noted that an anomalous
situation exists in Section 126 of having differential treatment to print media as compared to other media
platforms.
The committee noted that while Section 126 explicitly bans television channels from broadcasting political
matter during the silent period, lack of backing by law has led to Print media carrying political
advertisements during the silent period despite the |curbs
subhaprada mohanty imposed
subhapradam@gmail.com | by the EC
What are the amendments sought?
The Election Commission of India has written to the Union Ministry of Law suggesting to extend the
provisions under Section 126 to digital and print media as well. The Commission has sought inclusion of
‘print media’ and ‘other entities’ within the ambit of Section 126 (1) (b). The other entities would refer to all
social media formats.
Supreme Court refuses to stay amendments to SC/ST Act
The Supreme Court has refused to stay the amendments to Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Amendment Bill, 2018. These amendments were brought in to nullify the
safeguards instituted by the Supreme Court to prevent its misuse.
Safeguards proposed by Supreme Court
Expressing concerns over the misuse of the various provisions under the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, the Supreme Court had proposed following safety
mechanisms:
Provision of anticipatory bail.
Approval of Senior Superintendent of Police to arrest those accused under this act.
Deputy Superintendent of Police (DySP) to conduct a preliminary enquiry to find out whether there
is a prima facie case under Act.
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018
The 2018 amendment act was proposed to nullify the safeguards proposed by the Supreme Court. The
amendments proposed were:
Investigating officer will not require the approval of any authority for the arrest of an accused.
Preliminary enquiry will not be required for the registration of a First Information Report against a
person accused under the Act.
Persons accused of committing an offence under the Act cannot apply for anticipatory bail.
To avoid any ambiguity the act proposes that these provisions apply despite any judgments or orders of a
court that provide otherwise. These amendments to the prevention of atrocities act were questioned in
the Supreme Court as ultra vires.
Supreme Court Upholds Constitutional Validity of Insolvency & Bankruptcy Code
The Supreme Court has upheld the constitutional validity of the Insolvency & Bankruptcy Code. The
petitioners had questioned the Insolvency & Bankruptcy Code based on the following grounds:
The constitutional validity of IBC was questioned as a violation of Article 14 of the Constitution.
The petitioners argued that IBC doesn’t make an intelligible differentiation in the classification of a

financial creditor and operational creditor, and hence violates Article 14.
Petitioners claimed that Operational creditors provide services to companies and have the right to
initiate insolvency proceedings if their payments are defaulted upon. But the code bars them for
participating in the resolution process through the committee of creditors.
As per IBC, the committee can only consist of financial creditors who assess and vote on resolution
plans submitted by interested bidders.
Petitioners also argued against barring promoters from bidding for their own companies forces
them to undertake the sale of the company to new bidders. This violates the fundamental rights of
promoters of a company.
The Supreme Court dismissed both the arguments of petitioners while upholding the bar on promoters to
come in as resolution applicants Supreme Court noted that the Section 12A route is open for them.
Section 12A of IBC allows for a withdrawal of an insolvency application if 90 per cent of the creditors’
committee by voting share approves it.
Constitutional Amendment to increase the powers of the Autonomous Councils
The Union Cabinet headed by Prime Minister Narendra Modi has approved the constitutional amendment
which seeks to increase the powers of the autonomous councils in the Sixth Schedule areas of the
Northeast. subhaprada mohanty | subhapradam@gmail.com |
What are the amendments proposed?

The Sixth Schedule of the Constitution provides for decentralised self-governance and dispute resolution
through local customary laws in parts of the North East, mainly tribal areas. The amendments proposed
are:
Amendments to Article 280 to provide greater financial resources to the councils that administer
the tribal areas of Assam, Meghalaya, Mizoram and Tripura and enable them to undertake
development works.
The existing autonomous district councils would be renamed as autonomous territorial councils
since the jurisdiction of the councils extends to more than one district.
The devolution of the financial resources to these councils would be based on the recommendations
of the finance commission.
The amendments provide for the transfer of additional 30 subjects to Karbi Anglong Autonomous
Territorial Council and Dima Hasao Autonomous Territorial Council in Assam.
The amendments also provide for elected village municipal councils to ensure democracy at the
grassroots level.
The amendments empower village councils to prepare plans for economic development and social
justice, including those related to agriculture, land improvement, implementation of land reforms,
minor irrigation, water management, animal husbandry, rural electrification, small scale industries
and social forestry.
The amendments are in direction of fulfilling the commitments made under tripartite Memorandum of
Settlements signed by Government of India, governments of Assam and Meghalaya, United People’s
Democratic Solidarity (UPDS), Dima Halam Daogah (DHD) and Achik National Volunteers’ Council
(ANVC).
Goods and Services Tax Appellate Tribunal
The Union Cabinet headed by Prime Minister Narendra Modi has approved the setting up of National
Bench of Goods and Services Tax Appellate Tribunal.
Features of the National Bench of Goods and Services Tax Appellate Tribunal
The features of the Goods and Services Tax Appellate Tribunal (GSTAT) are:
The National Bench of the Goods and Services Tax Appellate Tribunal will be situated in New Delhi.
The National Bench of GSTAT would consist of President and comprise of one technical member
from the centre and one technical member from the state.
The National Bench of GSTAT will serve as a forum for the second appeal in GST laws and the first

common forum for dispute resolution between Centre and States.

The first appeal against the decisions of the Appellate Authorities under the Central and State GST
Acts lie before the National Bench.
National Bench of GSTAT will ensure uniformity in redressal of disputes arising under GST, and
therefore, in the implementation of GST across the country.
Provisions for the National Bench of the Goods and Services Tax Appellate Tribunal
Chapter XVIII of the CGST Act provides for the Appeal and Review Mechanism for dispute resolution
under the GST.
Section 109 of Chapter XVIII Chapter of CGST Act empowers the Central Government to constitute an
Appellate Tribunal known as the Goods and Services Tax Appellate Tribunal for hearing on the
recommendation of Council, by notification, with effect from such date as may be specified therein on the
recommendation of GST Council.
SC to Examine 10 per cent Quota for Economically Weaker Sections
The Supreme Court has decided to examine the constitutional validity of 103rd constitutional amendment
act which provides for 10 per cent quota for economically weaker sections.
Hearing the petitions filed by parties including organisations like Janhit Abhiyan, Youth for Equality and
businessman Tehseen Poonawalla, the Supreme Court
subhaprada mohanty said that| it would examine the matter and issued a
notice returnable within four weeks.

The Supreme Court has not stayed the operation of the Centre’s decision granting quota to the poor in the
general category.
Returnable notice
The Supreme court has issued notice returnable within four weeks which means the case is put in to motion and
before the completion of four weeks the service should be complete i.e. service means the summon should reach the
respondent against whom the case has been filed, in this case it is central government.
The 10 per cent reservation for the economically weaker section is questioned on various grounds like it
violates the basic structure of constitution; economic criterion cannot be the sole basis for reservation etc.
SC to take ‘in-chamber’ decision on listing of plea challenging Article 35-A
The Supreme Court has announced that it would take ‘in-chamber’ decision on listing of plea challenging
Article 35-A.
‘In-chamber’ decision refers to a process of decision making where the orders are issued from the
Justice’s chambers without a formal court proceeding.
Article 35A of the Indian Constitution

Article 35A empowers the Jammu and Kashmir Legislature to decide who all are ‘permanent residents’ of
the State and confer on them special rights and privileges in public sector jobs, acquisition of property in
the State, scholarships and other public aid and welfare.
Genesis of the Article 35A
Article 35A was incorporated into the Constitution in 1954 by an order of the then President Rajendra
Prasad on the advice of the Jawaharlal Nehru Cabinet.
The Article 35A was incorporated based on the 1952 Delhi Agreement entered between then Prime
Minister Jawaharlal Nehru and the then Prime Minister of Jammu and Kashmir Sheikh Abdullah. The
agreement extended Indian citizenship to the ‘State subjects’ of Jammu and Kashmir.
The Presidential order was issued under Article 370 (1) (d) of the Constitution which allows the President
to make certain “exceptions and modifications” to the Constitution for the benefit of ‘State subjects’ of
Jammu and Kashmir.
What is the matter before the Supreme Court?
A petition has been filed by NGO ‘We The Citizens” challenging the constitutional validity of both Article
35A and Article 370. The arguments made are:
Four representatives from Kashmir were part of the Constituent Assembly involved in the drafting

of the Constitution and the State of Jammu and Kashmir was never accorded any special status in
the Constitution.
Article 370 was only a ‘temporary provision’ to help bring normality in Jammu and Kashmir and
strengthen democracy in that State.
Constitution-makers did not intend Article 370 to be a tool to bring permanent amendments, like
Article 35A, in the Constitution
Article 35 A is against the very spirit of oneness of India as it creates a class within a class of Indian
citizens.
Restricting citizens from other States from getting employment or buying property within Jammu
and Kashmir is a violation of fundamental rights under Articles 14, 19 and 21 of the Constitution.
Petitions have also been filed by NGO, ‘Ikkjut Jammu’ and Jammu and Kashmir native Charu Wali Khanna
questioning the constitutional validity of Article 35A.
The State government is defending the Article 35A citing two verdicts of the constitution benches of the
Supreme Court in 1961 and 1969, which had upheld the powers of the President under Article 370(1)(d) of
the Constitution to pass constitutional orders.
Kerala High Court disqualifies MLA Karat Razack for Defaming Rival Leader
The High Court of Kerala had disqualified an independent MLA Karat Razack from the Koduvally
Assembly constituency for his defamatory campaign against the rival candidate during the 2016 Assembly
polls.
Why the disqualification?
The election of the independent MLA Karat Razack was declared void by the Kerala High Court since it
found that he was involved in corrupt practices.
The High Court found that Razack and his agents had screened a 20-minute video across Koduvally
Assembly constituency during the 2016 election campaign to tarnish the image of the rival candidate.
The disqualification has been stayed by the High Court to provide an opportunity to appeal against the
verdict.
Legal Provisions for the disqualification
The disqualification was as per the provisions of the Representation of the Peoples Act 1951. The
Representation of the Peoples act defines the corrupt practices for the disqualification of the elected
representative.
Under the section 125 (4) of the Representation of the Peoples Act 1951, The publication by a candidate or
his agent or by any other person with the consent of a candidate or his election agent, of any statement of
fact which is false, and which they either believes to be false or does not believe to be true, in relation to
the personal character or conduct of any candidate or in relation to the candidature, or withdrawal, of any
candidate, would be reasonably calculated to prejudice the prospects of that candidate’s election and it
constitutes corrupt practice.
What is Collegium System of Appointment of Judges?
The Supreme Court Collegium is the panel of judges vested with the responsibility of appointments
and elevations of Chief Justices and judges of the Supreme Court and high courts of the country.
The Collegium for the appointment of Judges of Supreme Court is headed by the Chief Justice of India and
comprises of the four other senior-most judges of the Supreme Court. The decisions of the collegium are
made through voting and the majority view prevails in case of difference of opinion.
Constitutional Provisions for the Appointment of Judges
The constitution of India provides for the following provisions for the appointment of judges:
Article 124(2) of the Indian Constitution provides that the Judges of the Supreme Court are
appointed by the President after consultation with such number of the Judges of the Supreme Court
and of the High Courts in the States as the President may deem necessary for the purpose.
Article 217 of the Indian Constitution states that the Judge of a High Court shall be appointed by the
President consultation with the Chief Justice of India, the Governor of the State, and, in the case of

appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court.
How Collegium came into existence?
The system of appointment and transfer of judges by collegium has evolved through judgments of the
Supreme Court, and not by an act of the Parliament or by a provision of the Constitution, which are
famously referred as Three-Judge Case.
In the First Judges Case of 1980, the Supreme Court had declared that there was no need to provide
primacy for the opinion of the Chief Justice of India while recommending a candidate to the
President.
This judgment was over-ruled in 1993 when the nine-judge bench ruled in favour of granting
primacy to the Chief Justice of India in appointing the key members of the top judicial brass. This is
referred to as second judge case.
Things were clarified in the third judge case which was the Presidential reference to the Supreme
Court on what the term “consultation”, implies which the President was required to do with judges
before selecting a judge, referred to in the Constitution. In reply, SC laid down nine guidelines for
the functioning of the
As a result in the process of appointment of Judges to the High Courts and Supreme Courts, the role of the
President is reduced to the ceremonial participant. The attempt by the central government to constitute
the National Judicial Appointments Commission through constitutional amendment act as per the
recommendations of the Justice MN Venkatachaliah Commission was also quashed by the Supreme Court
as unconstitutional.
SC Dismisses pleas on Appointment of DGPs
The Supreme Court has dismissed the pleas of the states of Punjab, Kerala, West Bengal, Haryana and
Bihar which sought implementation of their local laws regarding the selection and appointment of DGPs.
Dismissing the petition the Supreme Court held that the directions of the court on selection and
appointment of DGPs were issued in larger public interest and to protect the police officials from political
interference.
Directions issued by the Supreme Court in appointing DGPs
The Supreme Court had issued following directions to the states on appointing DGPs:
The states and Union Territories are required to send names of senior police officers to the Union
Public Service Commission (UPSC) for being considered as probable candidates for the post of DGPs
or police commissioners (as per applicability)
The UPSC would then prepare a list of three most suitable candidates out of the list of names sent by
states and Union Territories.
The states are free to appoint any one of them as the police chief.
It is mandatory for the states to send the list of senior police officers to the UPSC at least three
months prior to the retirement of the incumbent.
The UPSC would then form a committee and intimate the state concerned, which in turn will
immediately appoint one of the persons from among that list.
However, the Supreme Court had granted some relaxation to the states which already had laws related to
appointment of DGPs. The Supreme Court had asked those states to move a plea before it, seeking
modification of the order.
States of Punjab, Kerala, West Bengal, Haryana and Bihar had sought the modifications of the Supreme
Court order citing their local laws.
Recommendations of Committee to revisit the Section 126 of the Representation of the People
Act
The Committee headed Deputy Election Commissioner Umesh Sinha has submitted the report on
revisiting the section 126 of the Representation of the People Act. The committee had nine officers from
the Election Commission and one nominated member each from I&B Ministry, Law Ministry, IT Ministry,
National Broadcasters Association and Press Council of India.

Recommendations of the Committee

The committee has made the following recommendations:
Amendment to the Model Code of Conduct to ensure that political parties release their manifesto at
least 72 hours before voting ends in the first phase of polls.
The provision of election silence, which prohibits any form of poll campaign in the last 48 hours
leading up to voting to be extended to cover print and social media, internet, cable channels and
online version of print media.
Social media platforms should work with the EC to evolve a mechanism by which the latter can flag
content violating electoral law and social media sites can take it down as soon as possible.
EC should issue directions to private cable TV channels to follow NBSA guidelines for election
broadcasts during the poll period.
The recommendations when implemented will help in minimizing the possible interference of activities
which aim at indirectly influencing voters during the valuable silence period of 48 hours provided to them.
Section 126 of the Representation of the People Act
Section 126 of the Representation of the People Act Prohibits public meetings during period of forty-eight
hours ending with hour fixed for conclusion of the poll.
Supreme Court issues notice to Centre on PIL against notification under IT Act
The Supreme Court has issued a notice to the Central government on PIL which questioned the
notification authorising 10 central agencies to intercept, monitor and decrypt any computer system.
What was the notification?
Under the notification, the central government had empowered 10 agencies, Intelligence Bureau,
Narcotics Control Bureau, Enforcement Directorate, the Central Board of Direct Taxes (for Income Tax
Department), Directorate of Revenue Intelligence, Central Bureau of Investigation, National Investigation
Agency, the Research and Analysis Wing, Directorate of Signal Intelligence (in service areas of J-K, North
East and Assam) and Delhi Police commissioner to intercept, monitor and decrypt any computer system.
PIL challenges the Notification
The notification is challenged on the following grounds:
The notification was illegal, unconstitutional and ultra vires to the law.
The notification gives State the right to access every communication, computer and mobile and to
use it to protect the political interest and object of the present executive political party.
The notification was an attempt to create a surveillance state.
The PIL also sought to prohibit the agencies from initiating any criminal proceedings, enquiry or
investigation against anybody under the provisions of the IT Act based on the notification. The Supreme
Court issuing a notice to the central government and has asked to respond in six weeks.
Quota for Economically Weaker Sections questioned in Supreme Court
A not for profit organisation Youth for Equality has questioned the constitutional validity of the 103rd
constitutional amendment act which provides for 10 per cent quota for economically weaker sections.
Why the 103rd constitutional amendment act is questioned in Supreme Court?
Youth for Equality has questioned the constitutional validity of the 103rd constitutional act based on the
following reasons:
The amendment which inserts Articles 15(6) and 16(6) in the Constitution would alter the basic
structure of the Constitution and annul various binding judgments of the Supreme Court.
The amendments fail to consider that Articles 14 and 16 form the basic feature of equality. The
amendment act violates restraints that were imposed on the reservation policy, i.e. the 50% ceiling
limit and the exclusion of economic status as a sole criterion.
The 103rd constitutional amendment act shows complete disregard for the Supreme Court’s nine-
judge bench judgment in Indira Sawhney (Mandal) case which held that the sole economic criteria
could not be a basis for reservation and that the 50% ceiling limit ought not to be crossed.
The petition also cites the judgment in the case of M Nagraj vs Union of India which had upheld the

constitutional validity of Art 16(4A), 16(4B), subject to certain conditions like undertaking proper
exercises by the State to show that there was inadequacy in the representation.
The expression economically weaker section remained undefined by the amendment and was left to
be notified by the state.
It is unclear whether the central government and state governments can both define the expression
separately, but they both may define it differently. This level of untrammelled vagueness makes the
insertion arbitrary and unworkable.
The bill was introduced in the parliament at haste just months ahead of the 2019 general election. Even
this put the intention of the government in question.
103rd Constitutional Amendment Act: Key Facts
President Ramnath Kovind has given the assent to the 124th constitutional Amendment Bill (which is now
Constitution 103rd amendment Act) providing 10 per cent reservation for economically weaker sections.
Key Facts about the 103rd Constitutional Amendment Act
The Important components of the 103rd constitutional Amendment are:
The amendment changed two fundamental rights, Article 15 and 16. The amendments provide for
the advancement of the “economically weaker sections” of the society.
The amendment aims to fulfil the commitments of the directive principles of state policy under
Article 46, to promote the educational and economic interests of the weaker sections of the society.
Criterion for Reservation
People who have an annual income of less than Rs.8 lakhs, or
People who own less than five acres of farm land, or
People who have a house lesser than 1,000 sq feet in a town (or 100 sq yard in a notified
municipal area).
The constitutional amendment is yet to pass the judicial scrutiny since the Supreme Court had set
the cap of 50% on reservations.
‘Youth for Equality’ has questioned the constitutional validity of the 103rd constitutional
amendment act which was passed by the both the Houses of Parliament after being presented as the
Constitution (124th Amendment) Bill, 2019.
The example of Tamil Nadu is been cited to propose that there are ways and means to protect the
amendment from the Supreme Court declaring it unconstitutional.
Gujrat has become the first state to implement the 10% quota reserved for people from economically
weaker sections proposed under the 103rd constitutional amendment act.
Right to Disconnect Bill introduced in Lok Sabha
A private members bill, Right to Disconnect Bill was introduced in the Lok Sabha by MP Supriya Sule.
The important features of the bill are:
The bill empowers the employee with the right to not respond to employers’ calls, texts or emails
after office hours.
The bill aims to reduce work-related stress and strive for a better work-life balance.
The bill applies to companies with more than 10 employees.
Such companies are required to set up an Employee Welfare Committee to ensure compliance.
The bill stipulates that no disciplinary action can be taken against you if you choose to not respond
to your employer after your stipulated work hours.
Global Examples
Some measures have been already taken in empowering the employees with Right to disconnect. For
Example:
France has already provided Right to disconnect since 2017 in companies with more than 50
employees with an aim to re-build the boundary between professional and personal life.

Even Spain has a similar law which provides Right to Disconnect without any minimum employee
criterion.
German automobile maker Daimler had taken this bold step of introducing software that
automatically deletes any emails you get while on vacation, back in 2014.
What is the Importance to Right to Disconnect?
Studies found that the need to be available 24X7 was adversely affecting the workers, even if workers
weren’t actively checking work emails after hours, they can still be harmed by the expectation that they
should be available. This work culture was creating anxiety amongst workers.
Studies also showed that workers who answered work-related emails after 9pm had worse quality of sleep.
Hence a campaign had gained ground demanding Right to Disconnect.
Government promulgates Companies (Amendment) Ordinance, 2019
The government has re-promulgated the Companies (Amendment) Ordinance, 2019 to amend the
Companies Act 2013. Even though the Companies (Amendment) Bill, 2018 for this effect was passed in Lok
Sabha, it was pending before Rajya Sabha. The ordinance was first issued in November and would have
ceased to be operational from January 21. Hence the government has decided to re-promulgate the
ordinance.
Features of the Companies (Amendment) Bill,subhaprada
2018mohanty | subhapradam@gmail.com |
The Loksabha had passed the Companies (Amendment) Bill, 2018. The bill had important features like re-
categorisation of offences, reducing the burden on special courts and bringing down the applicable
penalties for small companies, enhancing the jurisdiction of Regional Director for compounding offences,
empowers the central government to allow certain companies to have a different financial year instead of
being determined by the National Company Law Tribunal among others.
The main objective of the amendment bill was the promotion of ease of doing business along with better
corporate compliance.
Promulgation of Ordinance
Article 123 of the Constitution empowers the President to promulgate Ordinances to amend certain laws
when either of the two Houses of Parliament is not in session and hence it is not possible to enact laws in
the Parliament.
Ordinances must be must be approved by Parliament within six weeks of reassembling or they shall cease
to operate.
Similar power to promulgate the ordinance has been provided to the Governor of the state under Article
213.
Ordinances were provided as a stop-gap arrangement and not as an alternative legislation process. The
promulgation of the ordinance is subject to judicial review
Proposal to revive National Register of Indian Citizens Project
The Central Government is actively considering the proposal to revive the National Register of Indian
Citizens project as part of its efforts to identify and deport the illegal immigrants from the Country.
National Register of Indian Citizens
The Department of the National Population Register (NPR) under the Registrar General of India would be
tasked with the responsibility to prepare the National Register of Indian Citizens. The department would
prepare two databases, one National Register of Indian Citizens and the rest would become National
Register of Residents.
The idea of creating National Register of Indian Citizens was first floated during the regime of NDA 1 with
Atal Bihari Vajpayee as PM to contain the influx of illegal immigrants.
The Group of Ministers’ (GoM) report after the Kargil war had recommended the government to identify
citizens and non-citizens, and providing both different identity cards. The committee had recommended
to implement it in border districts, or maybe in a 20-kilometre border belt in first phase and then to
expand it gradually all over the country.
Even a pilot project Multi-Purpose National Identity Cards (MPNIC) to citizens was also undertaken
during NDA 1. But the proposal got abandoned with the change of government in 2004.
The National Register of Indian Citizens project has now got a push after the National Register of Citizens
(NRC) exercise in Assam is heading towards conclusion.
Political Parties Oppose Footing Bill for ads on criminal record
The political parties have opposed the directive of the Election Commission that a candidate should bear
the bill to publicise his criminal record since it eats up the share of the election expenditure limit. Political
Parties have written to the Election Commission expressing concerns over the Election Commissions
directive.
What is the Issue?
To check the increasing criminalisation of politics in the Country, the Supreme Court had made it
mandatory for every candidate contesting the election to inform the public at large about his criminal
record in bold letters at least three times after filing of nomination papers through newspapers at large
and electronic media.
The Election Commission had implemented this order of the Supreme Court in the recently held assembly
polls in the states of Madhya Pradesh, Rajasthan, Manipur, Chhattisgarh and Telangana.
The Election Commission had added the cost of these advertisements into candidate’s electoral
expenditure while the Supreme Court order was silent on whether the expenditure would go on to the
electoral expenditure account of the candidate.
Why the political parties are opposing?

The political parties are arguing that the candidates should not be made to bear the cost of advertising
their criminal records since they are faced with an expenditure limit as per EC rules and this could impose
a constraint on their campaign-related expenses.
The political parties also pointed out at the differential impacts on urban centres when compared to that
at rural centres as newspaper and TV advertisements pricing is typically higher in cities.
Way Forward
A suggestion has been made that to shift the expenditure of these advertisements to the political party’s
account from the candidates account as there is no expenditure limit for the party as of now.
There is also an argument that it is unfair to expect the political parties and candidates to bear the
expense for advertising their own criminal record. Hence airtime and newspaper space could be allocated
for this purpose as done for campaign purposes.
Collegium Recommends names of Justice Dinesh Maheshwari and Justice Sanjiv Khanna for
appointment as Judges of the Supreme Court
The Collegium headed by Chief Justice of India Ranjan Gogoi has recommended appointing Justice Dinesh
Maheshwari and Justice Sanjiv Khanna as judges of the Supreme Court.
The collegium headed by Chief Justice of India Ranjan Gogoi also comprises four senior-most judges of
Supreme Court which includes Justices A K Sikri, S A Bobde, N V Ramana and Arun Mishra.
Three Judges Case and Collegium System
The Constitution of India under Article 124 and Article 217 prescribes the procedure for the appointment
of judges of Supreme Court and High Court respectively. The articles state that the judges would be
appointed by the President in consultation with the Chief Justice and other judges of the Supreme Court
and the High Courts as the President of India may deem necessary.
The Collegium system for appointment of Judges emerged out of the three rulings of the Supreme Court
which are collectively referred to as the Three Judges Case.
In the first judge case, S. P. Gupta vs Union of India, the Supreme Court had held that the word
“consultation” in Article 124 and in Article 217 does not mean “concurrence” and the ultimate power
would be vested with President.
In the Second judge case, Supreme Court Advocates-on-Record Association vs Union of India, the earlier
judgment in the first judge case was overruled. It was said that in the event of a conflict between the
President and the CJI with regard to appointments of Judges, the opinion of Chief Justice of India would
have primacy, also would be determinative in the matter. It was in the second judge case the collegium
system was instituted by the Supreme Court. For the appointment of judges of SC, the collegium would
consist of CJI and two senior most judges and for the appointment of judges of HC, the collegium would
consist of Chief justice of High court along with two senior-most judges of the High Court.
In the Third judge case under the special reference to the Supreme Court by the President of India, the
Court upholding the judgment of the Second Judge expanded the collegium to include four senior-most
judges along with the chief justice.
NJAC
The Constitution (Ninety-Ninth Amendment) Act, 2014 sought to replace the Collegium system with the
National Judicial Appointments Commission (NJAC). But the Supreme Court declared the amendment act
as unconstitutional with a majority 4-1 judgment. This has been now referred to as Fourth judge case.
Amendments to Indian Cinematograph Act, 1952
The Ministry of Information and Broadcasting has released the draft amendment bill to amend the Indian
Cinematograph Act, 1952. The amendments are brought in counter the film piracy.
Amendments proposed
The features of the amendment bill are:
To check piracy, particularly release of the pirated version of films on the internet which causes
huge losses to the film industry and government exchequer, an enabling provision in the
Cinematograph Act, 1952 would be added.
The amendment bill aims to add a new sub-section (4) of section 7 of the Cinematograph Act, 1952.
Under the amendment bill, the piracy would be a punishable offence with imprisonment of three
years and fines of up to Rs 10 lakh or both.
The punishment is prescribed those, who use any recording device to make or transmit a copy of the
visual recording or sound recording of a film or attempts to make or transmit, or abet the making or
transmission of such a copy without the written authorisation of the copyright owner.
The Ministry of Information and Broadcasting has invited the Comments on the draft Cinematograph Act
(Amendment) Bill.
Citizenship Amendment Bill passed in Lok Sabha
The Citizenship (Amendment) Bill, 2019 was passed in Lok Sabha. The protests have erupted in Assam
against the passage of the bill. The people of Assam fear that the amendment bill undermines the Assam
Accord of 1985.
Citizenship (Amendment) Bill 2019
The Citizenship (Amendment) Bill, 2019 seeks to amend the citizenship Act, 1955. The features of the
amendment bill are:
The bill aims to grant Indian citizenship to all persecuted religious minorities like Hindus, Jains,
Sikhs, Christians, Buddhists and Parsis from three neighbouring countries of Bangladesh, Pakistan
and Afghanistan.
The bill is applicable to all states and union territories of the country and the beneficiaries of the can
reside in any part of the country.
The bill when passed would provide a big relief to the persecuted migrants who have come through
western borders of the country to States like Gujarat, Rajasthan, Delhi, Madhya Pradesh, and other
states.
As per the reports, the government would set the cut off date at December 31, 2014, to provide citizenship
to persecuted religious minorities.
Addressing the concerns against the Bill
The Union Home Minister provided the following assurance to allay fears about the bill:
The burden of the persecuted migrants will be shared by the entire country and not by Assam alone.
The Union Home Minister also assured full support for the state governments in the
implementation of the bill.
Protestors led by Krishak Mukti Sangram Samiti (KMSS) in Assam have imposed an economic blockade
and have said that they would not allow locally produced oil, petroleum products, coal, forest products and
limestone to be taken out of the state.
Lok Sabha passed 124th constitutional amendment bill to provide reservations to the
economically weaker sections
The Lok Sabha has passed the 124th constitutional amendment bill to provide reservations to the
economically weaker sections. The central government is planning to introduce a ten per cent
reservation for those belonging to economically weaker sections of society.
The features of the 124th constitutional amendment bill are:
The Bill states that people from the economically weaker sections of the society have largely
remained excluded from attending the higher educational institutions and public employment on
account of their financial incapacity to compete with the persons who are economically more
privileged.
The Bill is brought into to fulfil the commitments under the Directive principles of the state policy
listed in the Article 46 of the Constitution which urges the government to protect the educational
and economic interests of the weaker sections of society.
The Bill amends Article 15 of the Constitution to provide reservations to economically weaker
sections for admission to educational institutions including private educational institutions,
whether aided or unaided by the State, other
subhaprada than
mohanty the minority
| subhapradam@gmail.com | educational institutions
The Bill also amends Article 16 of the Constitution to provide reservations to people from
economically weaker sections in government posts.
The Bill caps the reservation to economically weaker sections at 10%.
The Bill states that the criterion for the economically weaker sections would be notified by the
State from time to time on the basis of family income and other indicators of economic
disadvantage.
The government has stated that the bill is part of the government’s endeavour to ensure that every poor
person, irrespective of caste or creed gets to lead a life of dignity, and have access to all possible
opportunities.
DNA Technology (Use and Application) Regulation Bill, 2018 introduced in Lok Sabha
The DNA Technology (Use and Application) Regulation Bill, 2018 was introduced in Lok Sabha by the
Minister of Science and Technology Harsh Vardhan.
The bill aims to allow the use of DNA technology for establishing the identity of certain persons, including
victims, offenders and missing persons. The features of the bill are:
The Bill regulates the use of DNA technology for establishing the identity of persons in respect of
matters listed in a Schedule which include criminal matters (such as offences under the Indian Penal
Code, 1860), and civil matters such as parentage disputes, emigration or immigration, and
transplantation of human organs.
The Bill seeks to establish a National DNA Data Bank and Regional DNA Data Banks.
As per the provisions of the bill, every Data Bank is required to maintain the following indices: (i)
crime scene index, (ii) suspects’ or undertrials’ index, (iii) offenders’ index, (iv) missing persons’
index, and (v) unknown deceased persons’ index.
The Bill establishes a DNA Regulatory Board to accredit the DNA laboratories that analyse DNA
samples to establish the identity of an individual.
It is mandatory to get written consent by individuals to collect DNA samples from them. The
consent is not required for offences with the punishment of more than seven years of imprisonment
or death.
The Bill provides for the removal of DNA profiles of suspects on the filing of a police report or court
order. The DNA profiles of undertrials can be removed on the basis of a court order. Profiles in the
crime scene and missing person’s index will be removed on a written request.
The members of the house citing privacy concerns requested for referring the bill to the standing

committee of the Parliament.

SC verdict on reinstating CBI chief Alok Kumar Verma: Key Facts
The Supreme Court of India has reinstated CBI director Alok Kumar Verma, setting aside the Centre’s
order to divest him of his powers. The Supreme Court has restrained him from taking any major policy
decision till the CVC probe into corruption charges against him is over.
Observations made by the Supreme Court
The Supreme Court has further asked the high-powered committee which selects and appoints the CBI
director to take any further decisions once the CVC submits its report after the probe.
The selection committee of the CBI director comprises the Prime Minister, the leader of opposition and the Chief
Justice of India.
There is no provision in the law which permits the government to divest the CBI director of his powers
and functions without prior consent from the high powered select committee.
Supreme Court cited the Vineet Narain verdict of 1997 where the Supreme Court underlined the fact that
the tenure of the CBI director had been fixed to two years after the Delhi Special Police Establishment
(DSPE) Act.
Vineet Narain verdict of 1997 subhaprada mohanty | subhapradam@gmail.com |
The Supreme Court had delivered a landmark verdict in the case of Vineet Narain vs Union of India case,
popularly known as the Jain hawala case. The Supreme Court in its verdict had pronounced measures to
shield the CBI director from outside interference and make the director’s post more transparent. The
measures are:
The CBI director shall have a minimum tenure of two years, regardless of the date of his
superannuation.
The Central Vigilance Commission (CVC) shall be responsible for the efficient functioning of CBI.
The transfer of an incumbent Director, CBI in an extraordinary situation, including the need for him
to take up a more important assignment, should have the approval of the selection committee.
The Supreme Court had laid down these measures recognising the need to provide permanent insulation
to agencies such as CBI against extraneous influences to enable them to discharge their duties in the
manner required for proper implementation of the rule of law.
Lok Sabha passes Personal Laws (Amendment) Bill 2018
The Lok Sabha has passed the Personal Laws (Amendment) Bill, 2018. The bill moved by Minister of State
for Law PP Chaudhary seeks to remove leprosy as a ground for divorce in five personal laws – Hindu
Marriage Act, Dissolution of Muslim Marriages Act, Divorce Act (for Christians), Special Marriage Act and
the Hindu Adoptions and Maintenance Act.
Why the amendment was moved?
The bill was introduced in Lok Sabha in August 2018. The bill was introduced as various recommendations
were made to remove leprosy as a ground for divorce. Some of the recommendations are:
The Law Commission in its 256th report had recommended repeal of laws and provisions which
were discriminatory against leprosy affected people.
India is a signatory to a UN Resolution which calls for the elimination of discrimination against
persons suffering from leprosy. Leprosy as a ground for divorce was contradicting to the resolution.
In 2014, Even the Supreme Court had asked the Centre and the state governments to take steps for
rehabilitation and integration of leprosy-affected people into the mainstream.
The National Human Rights Commission had long made a proposal for the government in this
regard.
The Minister said that Leprosy is now a curable disease as against the earlier notion of it being incurable.
Hence it would be wise to bring out an amendment in this regard.
Leprosy
Leprosy is a chronic infectious bacterial disease caused by Mycobacterium leprae. Leprosy mainly affects
the skin, the peripheral nerves, mucosal surfaces of the upper respiratory tract and the eyes.
Even though the exact mechanism of transmission of leprosy is not known, the most widely held belief
was that the disease was transmitted by contact between cases of leprosy and healthy persons. The
possibility of transmission by the respiratory route is gaining ground more recently.
A centrally sponsored scheme National Leprosy Eradication Programme is being implemented in India to
tackle the disease. India has eliminated leprosy as a public health problem, which means that there is less
than 1 person in 10,000 infected with the disease. Even though the number seems low in percentage
terms, when considered in absolute terms, it is humongous.
Vijay Mallya declared as Fugitive Economic Offender
The Prevention of Money Laundering (PMLA) court in Mumbai has declared Vijay Mallya as a Fugitive
Economic Offender. Vijay Mallya is the first businessman to be charged under the new fugitive economic
offender’s act 2018.
Declaration of the Fugitive Economic Offender
Vijay Mallya is declared as the Fugitive Economic Offender under the following provisions:
According to the Fugitive Economic Offenders Act, 2018 a fugitive economic offender is a person
against whom an arrest warrant has been issued for his or her involvement in economic offences
involving at least Rs. 100 crore or more and has left India to avoid prosecution.
The investigating agencies have to subhaprada
file an application
mohanty in| a Special Court under the Prevention of
Money-Laundering Act, 2002 containing details of the properties to be confiscated, and any
information about the person’s whereabouts.
The Special Court will issue a notice for the person to appear at a specified place and date at least six
weeks from the issue of notice.
Proceedings will be terminated if the person appears. If not the person would be declared as a
Fugitive Economic Offender based on the evidence filed by the investigating agencies.
The person who is declared as a Fugitive Economic Offender can challenge the proclamation in the High
Court within 30 days of such declaration according to the Fugitive Economic Offenders Act, 2018.
Lok Sabha passes New Delhi International Arbitration Centre Bill
The Lok Sabha has passed the New Delhi International Arbitration Centre Bill to set up a revamped
International Arbitration Centre at New Delhi with an aim to make India the hub of arbitration.
New Delhi International Arbitration Centre Bill
The features of the New Delhi International Arbitration Centre Bill are:
The bill seeks to establish an independent and autonomous regime for
institutionalised arbitration and for acquisition and transfer of undertakings of the International
Centre of Alternative Resolution.
The New Delhi International Arbitration Centre will take over the undertakings of the International
Centre for Alternative Dispute Resolution (ICADR). The chief justice of India is the ex-officio
chairperson of the ICADR.
The New Delhi International Arbitration Centre is being set up as per the recommendation of the
Justice B N Srikrishna committee formed to identify the roadblocks in the development of
institutional arbitration in India.
Justice B N Srikrishna committee had recommended that ICADR should be taken over with
complete revamp of its governance structure to include only experts of repute who can lend
credibility and respectability to the institution and be re-branded as a centre of national importance
to highlight its character as a flagship arbitral institution.
The bill to establish, New Delhi International Arbitration Centre is part of the government efforts to
develop the centre into a world-class arbitration centre and India as the hub of international arbitration.
Lok Sabha Passes the Companies (Amendment) Bill, 2018
The Lok Sabha has passed the Companies (Amendment) Bill, 2018. The bill aims to amend the Companies
Act, 2013. The bill would replace the ordinance promulgated on November 2018.

Features of the Companies (Amendment) Bill, 2018

The features of the bill are:
It provides for re-categorisation of offences. The bill re-categorises 16 offences including the
issuance of shares at a discount, and failure to file an annual return as a civil offence.
The bill aims to remove the clause of imprisonment for officers for defaulting the rule which
prohibits issuing shares at a discount, except in certain cases. Instead, the bill provides for a penalty
equal to the amount raised by the issue of shares at a discount or five lakh rupees, whichever is
lower.
The Bill states that a company may not commence business, unless it files a declaration within 180
days of incorporation, confirming that every subscriber to the Memorandum of the company has
paid the value of shares agreed to be taken by him, and files a verification of its registered office
address with the Registrar of Companies within 30 days of incorporation.
The Bill transfers the power to approve any changes in the financial year for a company associated
with a foreign company and any alteration in the incorporation document of a public company
which has the effect of converting it to a private company to the central government from the
National Company Law Tribunal.
The Bill provides that failure make a declaration of interest when a person holds the beneficial
interest of at least 25% shares in a company or exercises significant influence or control over the
company may either be fined or imprisoned for up to one year or both.
The bill increases the ceiling up to which the regional director can compound (settle) offences with a
penalty of up to twenty-five lakhs from five lakh rupees.
The amendments are brought in as per the recommendations of a committee constituted to suggest
changes to the Companies Act, 2013.
Parliament passes RTE amendment Bill
The Parliament has given its approval for the Right of Children to Free and Compulsory Education
(Amendment) Bill, 2018.
What was the amendment proposed?
The features of the amendment proposed are:
The amendment bill does away with the no-detention policy mentioned in the law.
The amendment bill now leaves it to the states to decide whether they want to continue the no
detention policy.
The states can choose to hold a regular examination either at the end of Classes 5 and 8, or both.
Students who fail this test will be provided with additional instructions and the opportunity to
appear for a re-examination within two months of the declaration of the result.
If the student still does not pass the exam, the state government may decide to detain the student.
If a state decides to continue with the no-detention policy till Class 8, the amendment bill makes it
clear that no child can be expelled from school before they complete elementary education
No detention Policy
The features of the No detention policy are:
The no detention policy was introduced in the Right of Children to Free and Compulsory Education
Act, 2009. The act prohibited schools from detaining students till they complete elementary
education.
The no detention policy banned the practice of making under-performing children repeat classes in
elementary school to ensure they do not drop out.
The no detention policy was brought in to reduce the emphasis on year-end examinations and
replace it with a form of evaluation that would track students’ progress through the year.
Why the no detention policy was withdrawn?
The Parliamentary Standing Committee had made the following observations:
The RTE act focused on the quantitative expansion of education. As a result, the quality aspects of
teaching and learning were relegated to the backburner.

The committee noted that there was no pressure on the children to learn and on the teachers to
teach. Therefore, there was a need for policy change so as to improve the learning of children at
elementary stage of education.
The NCERT’s National Achievement Survey and the ASER report consistently pointed towards the
abysmally low learning levels among school children.
To address these anomalies, a decision was made to leave it to the states to decide on the no detention
policy to address the issue of deteriorating quality of education.
Parliament passes NCTE amendment Bill
The Parliament has given its approval to the National Council for Teacher Education (Amendment) Bill,
2018. The bill aims to protect the interest of the students who had completed courses from unrecognized
institutes.
The important features of the bill are:
The Bill grants retrospective recognition to institutions offering teacher education courses after the
establishment of the National Council for Teacher Education (NCTE) until the academic year
2017-18.
The Bill grants retrospective permission to start
subhaprada mohanty a new course
| subhapradam@gmail.com | or training in teacher education to
institutions which satisfy certain conditions and which have offered teacher education courses after
the establishment of the NCTE until the academic year 2017-2018.
Why the bill was necessary?
As per the data from the Ministry of Human Resource Development, 23 state and Central universities and
colleges offering B.Ed courses were found not recognised by the National Council for Teacher Education.
As a result, the fate of thousands of students who had completed the courses from these unrecognized
institutes was in jeopardy as their degrees would not be recognized anywhere. Hence the granting of
retrospective permission had become a necessity.
Union Cabinet approves amendments to the Trade Union Act, 1926
The Union Cabinet meeting chaired by Prime Minister Narendra Modi has approved the amendment to
the Trade Union Act, 1926.
Amendments Proposed
The amendment bill provides for inserting of section 10A in the Trade Union Act, 1926 to power centre
and state governments to recognize trade unions and federation of trade unions at central as well as state
level.
The amendment bill once passed by the parliament, the Ministry of Labour would issue rules and
regulations prescribing the manner of recognition of these trade unions.
Benefits from the Proposed recognition to Trade Unions
The benefits of formal recognition to the trade unions are:
Ensure true representation of workers in the tripartite bodies in a transparent manner.
Check on the arbitrary nomination of workers’ representatives by the Government.
Reduce the duplicacy of such exercise by different departments.
The recognised trade unions may be assigned specific roles at Central or State level. This would aid
in developing inclusive governance.
The Indian Trade Unions Act, 1926 provided for only registration of trade unions and there was a long
pending demand to grant recognition to trade unions. The amendment bill fulfils this long-standing
demand.
Government to introduce Commercial Space Activities Bill in the Budget session
The government is likely to introduce the Commercial Space Activities Bill in the budget session. The
government has said in Lok Sabha that “Steps are being taken so that the Bill could be possibly introduced
during the Budget session 2019”.
Features of the Space Activities Bill, 2017

The Space Activities Bill, 2017 is aimed at regulating space activities to ensure peaceful exploration and
use of outer space. The important features of the bill are:
The bill provides for a non-transferable licence to be provided by the Central Government to any
person carrying out commercial space activity.
The bill empowers the Central Government to formulate the appropriate mechanism for licencing,
eligibility criteria, and fees for the licence.
The Central Government would be required to maintain a register of all space objects (any object
launched or intended to be launched around the earth) and develop space activity plans for the
country.
The Central Government would ensure safety requirements and supervise the conduct of every
space activity of India and investigate any incident or accident in connection with the operation of
space activity.
The Central Government would share details about the pricing of products created by space activity
and technology with any person or any agency in a prescribed manner.
The bill provides for penal provisions if any person undertakes any commercial space activity
without authorisation they shall be punished with imprisonment up to 3 years or fined more than Rs
1 crore or both. subhaprada mohanty | subhapradam@gmail.com |
The bill requires licensed entities to carry out operations in a manner that prevents the
contamination of outer space or damage to the earth’s environment.
Shortfalls of the Bill
The criticisms against the bill are:
The bill falls short in addressing the space-based activities separately.
The bill tries to cover large swaths of the space value chain in one go. This would make the
regulatory environment clumsy.
The definition of space activity is ambiguous. The current definition puts every space object under
its ambit; even hardware that carries GPS receivers could require a license.
The bill will adversely affect the navigation services provided by companies such as Google Maps,
Ola and Uber.
The bill had received responses from the public, Indian aerospace industry, related start-ups, space law
experts, scholars, satcom companies and scientists. The government is in the process to address the
concerns expressed by the stakeholders.
Aadhaar amendment Bill introduced in Lok Sabha
The government has introduced the Aadhaar amendment bill in Loksabha. The bill aims to provide legal
backing for voluntary seeding of biometric Aadhaar ID for mobile SIM card and bank account
authentication purposes.
The important features of the Aadhaar and Other Laws (Amendment) Bill 2018 are:
The bill seeks to amend the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits
and Services) Act, 2016, the Indian Telegraph Act, 1885 and the Prevention of Money-laundering Act,
2002.
The amendment permits children, who would turn 18 years old, to opt out of the system.
The amendments make sharing of Aadhaar details voluntary for opening bank accounts, school
admissions and procuring mobile SIM cards.
The bill provides for stiff penalties for violation of norms set for the use of Aadhaar.
The amendment bill ban storing of core biometric information as well as Aadhaar number by service
providers in cases of individuals who have voluntarily offered the national ID as a means of
authentication.
The bill makes it clear that anyone not offering Aadhaar cannot be denied any service, be it a bank
account or a SIM card.
The bill lays down the procedure for offline verification of an Aadhaar number holder and confers
enhanced regulator-like power on Unique Identification Authority of India (UIDAI) to give directions
as it may consider necessary to any entity in the Aadhaar ecosystem.
Why the amendments are proposed?
While upholding the constitutional validity of Aadhaar, the Supreme Court had held struck down Section
57 of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 that
permitted private entities like telecom companies or other corporate to avail of the biometric Aadhaar
data. Hence to address the issues like recognising the authentification of those who provided Aadhaar as
the identity proof, the amendments are brought in by the government.
Union Cabinet approves the National Commission for Indian Systems of Medicine (NCIM) Bill,
2018
Published On Dec 29, 2018
The Union Cabinet has approved the National Commission for Indian Systems of Medicine (NCIM) Bill,
2018. The bill seeks to replace the existing regulator, the Central Council for Indian Medicine (CCIM).
The salient features of the National Commission for Indian Systems of Medicine (NCIM) Bill, 2018 are:
The bill provides for the constitution of a National Commission with four autonomous boards.
The Board of Ayurveda would be responsible for overseeing the overall education of Ayurveda.
The Board of Unani, Siddha and Sowarigpa will be responsible for overseeing the overall education of
Unani, Siddha and Sowarigpa.
The bill provides for two common boards, Board of Assessment and Rating and Board of Ethics and
Registration.
The Board of Assessment and Rating would be responsible to assess and grant permission to
educational institutions of Indian systems of Medicine.
The Board of Ethics and Registration of practitioners of Indian systems of medicine would maintain
National Register and deal with ethical issues relating to practice under the National Commission
for Indian Medicine,
The bill also proposes a common entrance exam and an exit exam which all graduates will have to
clear to get practicing licenses.
The bill proposes a teacher’s eligibility test to assess the standard of teachers before appointment
and promotions.
The bill aims at bringing reforms in the medical education of Indian systems in line with the National
Medical Commission proposed for setting up for allopathy system of medicine. The National Commission
for Indian Systems of Medicine aims to promote transparency and accountability.
National Commission for Homeopathy Bill, 2018 gets cabinet approval
The Union Cabinet has approved the National Commission for Homeopathy bill, 2018. The National
Commission for Homeopathy seeks to replace the existing regulator Central Council of Homoeopathy.
The salient features of the draft National Commission for Homeopathy bill are:
Constitution of a national commission with three autonomous boards.
The Homoeopathy Education Board to be vested with the responsibility of overseeing the
Homeopathy education in the country.
The board of assessment and rating to assess and grant recognition to educational institutions of
Homoeopathy.
Board of ethics and registration of practitioners of Homoeopathy to maintain National Register and
deal with ethical issues relating to practice.
The bill also proposes a common entrance exam and an exit exam which all graduates will have to
clear to get practicing licenses.
The bill proposes a teacher’s eligibility test to assess the standard of teachers before appointment
and promotions.
The bill aims at bringing reforms in the medical education of homoeopathy in line with the National

Medical Commission proposed for setting up for allopathy system of medicine. The National Commission
for Homeopathy aims to promote transparency and accountability.
Union Cabinet Approves amendments to POCSO Act
The Union Cabinet has approved amendments to the Protection of Children from Sexual Offences
(POCSO) Act, 2012. The amendments are proposed by the Ministry of Women and Child Development.
Amendments Proposed
POSCO is a gender-neutral law protects both boys and girls under the age of 18. The amendments
proposed are:
The amendments provide for stringent punishment, including the death penalty, for committing
aggravated penetrative sexual assault crime on a child, both boys and girls, below the age of 18.
The amendments extend the punishment for aggravated penetrative sexual assault from a
minimum of 10 years to a minimum of 20 years, up to a maximum of life imprisonment and even the
death penalty.
The amendments are proposed to protect children from sexual offences in times of natural
calamities and disasters.
The amendment also proposes to alter the definition of sexual assault to include administering
hormones to children expedite their sexual
subhaprada maturity| for the purpose of commercial sexual
mohanty | subhapradam@gmail.com
exploitation.
Why the amendments were proposed?
The Ministry of Women and Child Development cites the reports of rapes of young girls in the aftermath
of Kedarnath floods. Data shows that children constitute 50-60% of victims of calamities. Hence there was
a need to add rapes in course of natural calamities as the 21st category under aggravated penetrative
sexual assault.
The cabinet has approved the death penalty for those convicted of raping girls below the age of 12 under
IPC. But IPC is not gender neutral. Since POSCO is a gender-neutral law the amendments widen the range
of cases of sexual assault against boys and girls under 18 that are now punishable by death.
Is law a deterrent?
Government proposes that amendments will further enhance the deterrence against sexual assault on
children. But the data shows that less than 3% of all POCSO cases end in convictions and experts further
warn against the chilling effect the death penalty may have on reporting the crime. Hence it can be said
that law by itself will not be a deterrent but systemic changes in law enforcement and prosecution hold
the key to tackling child sexual abuse.
Lok Sabha Passes Triple Talaq Bill
The Lok Sabha has passed the Muslim Women (Protection of Rights on Marriage) Bill, famously referred to
as Triple Talaq Bill. The bill would replace the ordinance passed in the month of September.
The opposition members from Congress and AIADMK staged the walkout demanding that the
government must refer the bill to the joint select committee.
The Important features of the Muslim Women (Protection of Rights on Marriage) Bill are:
The bill makes the all declaration of triple talaq, including in written or electronic form, to be void
(i.e. not enforceable in law) and illegal. Talaq-e-biddat.
Talaq-e-biddat (Triple Talaq)
It refers to the practice under Muslim personal laws where pronouncement of the word ‘talaq’ thrice in one sitting by
a Muslim man to his wife results in an instant and irrevocable divorce.
Declaration of Triple Talaq would be a cognizable offence, attracting up to three years’

imprisonment with a fine. The bill states that the offence will be cognizable only if information
relating to the offence is given by the married woman (against whom talaq has been declared), or
any person related to her by blood or marriage.

Cognizable offence
A cognizable offence is one for which a police officer may arrest an accused person without a warrant.
Under the provisions of the bill, the Magistrate may grant bail to the accused only after hearing the
woman (against whom talaq has been pronounced), and if the Magistrate is satisfied that there are
reasonable grounds for granting bail.
The bill also states that the offence may be compounded by the Magistrate upon the request of the
woman (against whom talaq has been declared). The bill empowers the Magistrate to determine
terms and conditions of the compounding.
Compounding of offence
Compounding of offence refers to a procedure where the two sides agree to stop legal proceedings, and settle the
dispute.
A Muslim Women against whom the triple talaq is pronounced is entitled to seek subsistence
allowance from her husband for herself and for her dependent children and the amount of the
allowance will be determined by the Magistrate.
A Muslim Women against whom the triple talaq is pronounced is entitled to seek custody of her
minor children and the manner of custody will be determined by the Magistrate.
The Opposition members were demanding the joint select committee for a detailed study of the bill since
it is a constitutional matter related to a specific religion.
Review petition in SC against the Aadhaar verdict
Imtiyaz Ali Palsaniya has filed a review petition in Supreme Court against the Aadhaar verdict in which
the Supreme Court had upheld the constitutional validity of the Aadhaar.
SC Verdict on Aadhaar
A five-judge constitution bench while upholding the constitutional validity of Aadhaar had struck down
various provisions of the in the Aadhaar Act. Important features of the Aadhaar verdict are:
Supreme Court had said that sufficient security measures are taken to protect data and it is difficult
to launch surveillance on citizens on the basis of Aadhaar.
Then CJI Deepak Mishra had asked the government to provide more security measures as well as
reduce the period of storage of data.
Centre was asked to bring a robust law for data protection as soon as possible.
The Supreme Court had said that Aadhaar cannot be made mandatory for openings of a bank
account and to get mobile connections.
The Supreme Court had upheld the mandatory linking of PAN with Aadhaar and Aadhaar was made
mandatory for filing income tax returns.
The government was asked to ensure that illegal migrants are not issued Aadhaar to get benefits of
social welfare schemes.
Private companies can’t ask for Aadhaar.
The Supreme Court had struck down the provision in Aadhaar law allowing sharing of data on the
ground of national security.
The Supreme Court had also upheld the passage of the Aadhaar Bill as a Money Bill by the
Parliament.
The petitioner claims that he had filed two impleadment applications on the issue and the Court had failed
to consider the grounds raised while delivering the Aadhaar Verdict.
Information Technology (Intermediary Guidelines [Amendment] Rules), 2018
The ministry of Ministry of Electronics and Information Technology has released draft Information
Technology (Intermediary Guidelines [Amendment] Rules), 2018.
Provisions under the new rules
The new rules are largely in conformity with developments on this front in various cases before the

Supreme Court in recent months. The important provisions of these draft rules are:
Social media platforms are required to end the complete encryption system and remove any
“unlawful content” for the sake of the country’s security.
The draft rules define intermediary as any platform that has more than 50 lakh users in India or is in
the list of intermediary as notified by the government. Social media platforms such as Whatsapp,
Facebook, Instagram and others fall under the definition of intermediary.
Whenever the government issues an order, within “72 hours of communication”, information or
assistance concerning “security or cybersecurity” must be provided.
The social media platforms are also required to trace out the originator of information on its
platform as may be required by the government agencies if the authorised functionaries demand so.
The government can seek the information about “unlawful acts” from the intermediaries by “court
order” or by being notified by the government itself and the parameter to judge unlawful acts would
be Article 19(2) of the Constitution, which place restrictions on freedom of speech and expression.
The intermediaries are also required to deploy technology based automated tools or appropriate
mechanisms, with appropriate controls, for proactively identifying or removing or disabling access
to unlawful information or content.
The intermediaries must publish their privacy policy for the user of the computer resource to check
and mandates that no such platform would host, display, upload, modify, publish, transmit,
information, that is grossly harmful, harassing, blasphemous, definitely obscene, pornographic,
disparaging,” etc.
The rules also mandate the intermediaries to keep a record of unlawful activity for a period of 180
days, double the 90 days in the older version.
There are concerns that these draft rules are an attempt by the government to curb expression of free
speech over the internet.
Lok Sabha passed the Consumer Protection Bill, 2018
The Lok Sabha has passed the Consumer Protection Bill, 2018 on 20th December 2018, which will replace
the Consumer Protection Act, 1986. The Bill seeks to enforce consumer rights and to offer a mechanism
for complaint redressal related to the deficiencies in goods and services.
Key points about the Consumer Protection Bill, 2018
The Consumer Disputes Redressal Commissions will be set up at District, State and National levels
as per the bill passed.
The District Commissions will have the mandate to hear complaints having claim worth one crore
rupees. In the Consumer Protection Act, 1986 this limit was 20 lakh rupees.
The limit of the Commissions’ at the State level enhanced from 1 crore rupees to 15 crore rupees.
Complaints above 15 crore rupees worth of claim will be settled by the National Commission.
The Consumer Protection Bill, 2018 has provisions for stringent punishments in the matters of food
adulterations.
The Bill has the provisions to protect those consumers who use new digital technologies likes e-
commerce and online shopping.
The Bill seeks to establish a central consumer protection authority (CCPA) which will be tasked with
promoting, protecting and enforcing consumer rights.
The main objective of the said bill is to protect of the interests of consumers and to provide effective
administration and timely settle consumer disputes. Now, the bill will move to Rajya Sabha for passage.
President’s rule comes into effect in Jammu & Kashmir
The state of Jammu and Kashmir has come under President’s rule from 20th December 2018 as
Governor’s rule in the state completed its six months. It implies that now all the policy decisions related to
Jammu and Kashmir will be taken by the Union Cabinet.
The state faced a political crisis when 25-member BJP withdrew its support from Mehbooba Mufti-led
coalition government, reducing it to a minority government in the state. Thereafter, the Governor’s rule
was imposed in the state.

In the case of Jammu and Kashmir, which has a separate Constitution, six months of Governor’s rule is
mandatory before President’s rule under Article 92 of its Constitution. All the legislative powers are
exercised by the Governor in case of Governor’s rule.
Now, after the proclamation for the President’s rule has been made, the legislative powers of the state
shall be exercised under the authority of Parliament. The Prime Minister and the Council of Ministers will
aid and advise the president regarding the decisions related to the state.
About President’s Rule:
Under Article 356 of the Indian Constitution,the Union government can take over the affairs of the
state government when state government is unable to function according to the constitutional
provisions. This is called as President’s rule in the state.
President’s Rule in a state can continue for 6 months.
It can be extended, with the approval of both the houses done every 6 months, for a maximum of 3
years
For President’s rule to continue over a year every 6 months following conditions should be met: 1. There
should already be a National emergency across the country, or in the whole or any part of the state. 2. The
Election Commission of India should certify that the conduct of elections is not possible in the concerned
state.
Surrogacy (Regulation) Bill, 2016 passed by Lok Sabha
Lok Sabha has passed Surrogacy (Regulation) Bill 2016 on 19th December 2018 to protect surrogacy in the
country. The bill has banned commercial surrogacy and allows only altruistic surrogacy. The bill protects
the rights of the surrogate mother and the child born from surrogacy and promotes ethical
surrogacy. Surrogacy is defined as an agreement between a couple who cannot conceive and a surrogate
mother to carry their child.
Provisions of Surrogacy (Regulation) Bill 2016:
The bill is applicable to all the states of India except Jammu and Kashmir.
The bill provides the constitution of National Surrogacy board and State Surrogacy board for
regulation of surrogacy process.
The bill is providing surrogacy to only Indian citizens. Thus, Foreigners, NRI and PIOs are not
allowed.
Homosexuals and Single parents are also not allowed for surrogacy and bars the couple who already
have children
The couple seeking surrogacy should possess a certificate of essentiality issued by appropriate
authority.
The bill provides that women can only surrogate once in her lifetime and her age should be in
between 25 to 35 years.
The couple who intend for surrogacy should be aged between 23 to 50 years and married for at least
5 years.
The bill also provides provision for the custody of the child to be born which will be passed by a
court of the Magistrate of the first class or above.
The bill contains the provision of penalty and imprisonment if the person violated the law.
National Surrogacy Board
The board consists of:
Chairperson – Minister in-charge of Ministry of Health and Family Welfare
Vice Chairperson – Secretary to the Government of India in-charge of Department dealing with
surrogacy matters.
Members – Three women members of Parliament, Three members of Ministries of Central
government from Women and Child Development, Legislative Department in Ministry of Law and
Justice and Ministry of Home Affairs not below the rank of Joint Secretary, Director-General of
Health Services of Central Government and ten experts members.

Background
The bill was first introduced in Lok Sabha as The Surrogacy (Regulation) Bill 2016 on 21 November 2018. In
2017, it was then referred to Parliamentary Standing Committee on Health and Family Welfare.
102nd report of the bill was placed in Rajya Sabha and Lok Sabha last year.
Commercial Surrogacy
The surrogacy which includes sale or purchase of human embryo or gametes or surrogate mother. If the
surrogate mother will be rewarded remunerations or financial benefits other than medical expenses.
Altruistic Surrogacy
The surrogacy which includes no financial benefits to the surrogate mother other than medical expenses.
It includes insurance coverage for the mother and protects the ethics of society.
Lok Sabha passes Transgender Persons (Protection of Rights) Bill, 2016
The Lok Sabha has passed the Transgender Persons (Protection of Rights) Bill, 2016, which seeks to
empower the transgender community in the country by providing them a separate identity. The bill which
was introduced in the parliament two years ago has been passed with 27 amendments.
The primary objective of the Transgender Persons (Protection of Rights) Bill, 2016, is to define
transgenders and prohibit discrimination against the transgender community.
Main Highlights of the Bill
The Transgender Persons (Protection of Rights)
subhaprada Bill, 2016| Bill defines a transgender person as one
mohanty | subhapradam@gmail.com
who is partly female or male; or a combination of female and male; or neither female nor male.
Additionally, the bill states that the person’s gender must not match the assigned gender at birth.
Every transgender person in the country must obtain an identity certificate which will be used as
the proof of recognition of identity as a transgender person and to avail all the rights under the Bill.
The identity certificate would be granted by the District Magistrate on the recommendation of a
Screening Committee.
The screening committee for recommending the certificate would comprise a medical officer, a
psychologist or psychiatrist, a district welfare officer, a government official, and a transgender
person.
The Transgender Persons (Protection of Rights) Bill, 2016 prohibits discriminating with transgender
people in education, employment, healthcare and other areas
The Bill directs the central and state governments for providing welfare schemes to the
Transgender community in these areas.
The Bill also provides for the punishment of up to two years’ imprisonment and a fine for offences
like compelling a transgender person to beg, denial of access to a public place, physical and sexual
abuse, etc.
The Supreme Court in its recent judgement has held that the right to self-identification of gender is part
of the right to dignity and autonomy and comes under Article 21 of the Constitution. However, it is
important to adopt an objective criteria to determine one’s gender in order to become eligible for
entitlements.
Jammu and Kashmir passes the law on Sexual Exploitation
The state assembly of Jammu and Kashmir has passed law to ban sexual extortion of woman in offices and
became the first state in the country to amend law on Sextortion. The State Administrative Council headed
by Governor Satya Pal Malik has given approval for Prevention of Corruption (Amendment) Bill, 2018 and
Jammu and Kashmir Criminal Laws (Amendment) Bill, 2018.
Key Features
The new law amended section 154, 161 and schedule of Criminal Procedure Code and Section 53 of
Evidence Act to bring the Sextortion as a similar offence prescribed under RPC.
New Section E has been added to Section 354 of Ranbir Penal Code that makes sexual harassment a
criminal offence with three years of imprisonment.
The amended section 354 E has the provision related to sexual harassment and practice of extorting
money at workplace by those who are in position of authority, having a fiduciary relationship or a

public servant.
The new amendment prescribed the definition of misconduct and the demand for sexual favours
also comes under the misconduct in Section 5.
About Ranbir Penal Code
Indian Penal code is not applicable to Jammu and Kashmir and in place of IPC, a similar criminal law
Ranbir Penal Code applies in the state. The code was introduced by Ranbir Singh during the Dogra
Dynasty and it came in effect from 1932. The provision of code was prepared by Thomas Babington
Macaulay.
Delhi High Court Orders Ban on sale of Online Medicines
The Delhi High Court has ordered a ban on the sale of online medicines by E-pharmacies across the
country. A bench of Chief Justice Rajendra Menon and Justice V K Rao has also ordered central and delhi
governments to implement the order.
Background
The court was acting on a Public Interest Litigation (PIL) filed by Zaheer Ahmed, a Delhi based
dermatologist. The main complaints in the PIL were as follows:
Medicines worth Lakhs was being sold online everyday without much regulation and posing a huge
risk to patients as well as doctors. subhaprada mohanty | subhapradam@gmail.com |
Online sale of medicines is not permitted under the Drugs and Cosmetics Act, 1940 and Pharmacy
Act, 1948.
The Drug Controller General of India in 2015 had clearly directed all state drug controllers to protect
the interest of public health by restraining such sale online.
By allowing unchecked online sales, the government has failed in its responsibility to protect public
health and fulfill its obligation under Article 21 of the constitution (right to life).
Drugs are different from common items; and their misuse and abuse can have serious consequences
for public health.
Internet is used by a large number of children, minors and also uneducated people in rural areas.
They can become victims of wrong medication.
Online pharmacies are working without drug licenses and are also indulged in selling psychotropic
substances.
Legal Status of Online Pharmacies
The Union Health Ministry had come out with draft rules on sale of drugs by E-pharmacies in September
2018. The objective of these rules was to regulate the sale of medicines across India. The government did
not ban the sale of drugs online because such sale also provides the patients in remote areas access to
genuine drugs from authentic portals. The draft rules had mandated that no person will distribute or sell,
stock, exhibit or offer for sale of drugs through e-pharmacy portal unless registered.
Dam Safety Bill 2018 introduced in Lok Sabha
The Dam Safety Bill, 2018 has been introduced in Lok Sabha in December, 2018. This bill aims to provide
for the surveillance, inspection, operation, and maintenance of specified dams across the country. The Bill
also provides for the institutional mechanism to ensure the safety of the dams.
Features of the Dam Safety Bill 2018
The Bill applies to all specified dams. The specifications of dam for which the bill is applicable are
Height more than 15 metres, or
Height between 10 metres to 15 metres and subject to certain additional design and structural
conditions.
The bill provides for setting up of a National Committee on Dam Safety. The National Committee on
Dam Safety would be chaired by the Chairperson, Central Water Commission. The other members of
the committee would be nominated by the central government, and include up to 10 representatives
of the central government, up to seven representatives of the state governments (by rotation), and
up to three dam safety experts.
The National Committee on Dam Safety would be entrusted with formulating policies and
regulations regarding dam safety standards and prevention of dam failures, and analysing causes of
major dam failures and suggesting changes in dam safety practices.
The bill provides for a National Dam Safety Authority headed by an officer not below the rank of an
Additional Secretary who will be appointed by the central government. The functions of the
Authority include:
Implementing the policies formulated by the National Committee on Dam Safety.
Resolving issues between State Dam Safety Organisations (SDSOs), or between a SDSO and
any dam owner in that state.
Specifying regulations for inspection and investigation of dams.
Providing accreditation to agencies working on construction, design, and alteration of dams.
The bill also provides for the establishment of State Dam Safety Organisations (SDSOs) by the state
governments. The bill states that dams situated in a state will fall under the jurisdiction of that
state’s SDSO.
The bill lists the cases in which the National Dam Safety Authority will act as the SDSO. It includes:
Wherein the dam is owned by one state but situated in another state.
Wherein the dam extends over multiple states.
Wherein the dam is owned by asubhaprada
central public sector undertaking.
The Bill also provides for the constitution of State Committees on Dam Safety by the state
governments to review the work of the SDSO, ordering dam safety investigations, recommending
dam safety measures and reviewing the progress on such measures, and assessing the potential
impact on upstream and downstream states
The functions of the National Committee on Dam Safety, the National Dam Safety Authority, and the
State Committees on Dam Safety have been provided in Schedules to the Bill. The Bill also specifies
that the central government can amend these Schedules through a notification, if deemed necessary.
The Bill requires the owners of specified dams to provide a dam safety unit in each dam.
The Bill provides penalties for obstructing a person in the discharge of his functions, and refusing to
comply with directions issued under the Bill.
Why the bill is opposed?
The governments of Tamil Nadu and Odhisa have been opposing the bill. The concerns against the bill are:
The bill compromises the rights of States like Tamil Nadu on the issues of control and maintenance
of dams located in neighbouring States since the National Dam Safety Authority would act as Dam
safety organisation for the dams like Mullaiperiyar, Parambikulam, Thunakkadavu and
Peruvaripallam dams which are owned and operated by Tamil Nadu but are located in different
states.
The State Governments also argue that the bill violates the federal political system as the subject
comes under the purview of State governments and not in the purview of the Lok Sabha or
Parliament.
Why the Central Government is going ahead?
The Central Government argues that the Constitution authorises the central government to legislate on
state subjects when two or more States agree. Hence the Central Government has the legislative
competency to introduce the Bill. The Central Government further argues that there are over 5,200 large
dams in India and about 450 are under construction together with thousands of medium and small dams.
The lack of legal and institutional safeguards has made dam safety an issue of concern in the country. The
bill is an attempt to address this concern.
Cabinet extends tenure of Commission constituted to examine issue of OBC sub-categorisation
Published On Nov 23, 2018
Union Cabinet has approved extension of term of Commission to examine issue of Sub-categorization of
Other Backward Classes (OBCs) in Central List for six months beyond 30th November, 2018 and till 31st
May 2019. This is fourth extension granted to commission for submission of its politically crucial report
on creating quotas within quotas.

Background
Union Government with approval of President had constituted five member Commission under article
340 of Constitution in October, 2017. It is headed by former Chief Justice of Delhi High Court Justice
(Retd) G. Rohini. Its report is expected to recommend earmarking sub-quotas for the extremely backward
classes within the OBCs.
The commission has been formed under Article 340 of the Constitution which was also used to establish
landmark Mandal Commission (set up in 1979) more than two decades ago which recommended 27%
reservation for socially and educationally backward classes in higher education and government jobs. Over the
years, benefits of this reservation were mostly cornered mostly by dominant OBC groups.
Even National Commission for Backward Classes (NCBC) had in 2015 had noted that unequals cannot be
treated equally and recommended that OBCs be categorised into extremely backward classes, more
backward classes and backward classes. At present, 11 states have sub-categorised OBCs for their state
services. Centre based on devise a similar methodology for the central OBC list
Mandate of Sub-categorisation commission
It is tasked to examine extent of inequitable distribution of benefits of reservation among castes included
in broad category of OBC in central government jobs and educational institutions especially with
reference to OBCs included in Central list. It is also tasked to take up exercise of identifying respective
castes, sub-castes, communities synonymssubhaprada
in Central List of OBCs
mohanty | subhapradam@gmail.com | and classify them into their respective
sub-categories. It is mandated was to work out mechanism, norms, criteria and parameters, in scientific
approach, for sub-categorization within such OBCs.

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subhaprada mohanty | subhapradam@gmail.com |

Parliament passes Unlawful Activities (Prevention) Amendment Bill, 2019

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report pornographic material involving child.

and prevent divorce by practice of ‘talaq-e-biddat’ by their husbands.

subhaprada mohanty | subhapradam@gmail.com |

Lok Sabha passed Protection of Human Rights (Amendment) Bill 2019

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4. Ethics and Medical Registration Board

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LS passes National Investigation Agency (Amendment) Bill, 2019

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Restoration Fund (EPRF).

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Maratha quota valid but should be reduced: Bombay HC

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stands at number 36 in all-India seniority of judges.

Delhi HC: United Nation not State under Article 12

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Plea for Lifting Ban on Muslim Women’s Entry into Mosques in SC

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Electoral bonds, contrary to government claims, wreck transparency in political funding.

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the application will be deemed to have been approved.

Published On Mar 13, 2019

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completed in four weeks with 8 weeks deadline to conclude the hearing.

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President Approves Amendments to Indian Stamp Act 1899

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Features of the Bill

Promoting the Ease of Doing Business

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the right to vote and contest elections.

Amendments to the Banning of Unregulated Deposit Schemes Bill, 2018

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Amendments to Representation of People’s Act 1951

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What are the amendments proposed?

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common forum for dispute resolution between Centre and States.

notice returnable within four weeks.

Article 35A of the Indian Constitution

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Recommendations of the Committee