Get.Set.

Law Monthly Magazine

October 2023
The Contents
CURRENT AFFAIRS NEWS 03
CURRENT LEGAL AFFAIRS NEWS 22

CURRENT AFFAIRS QUESTIONS 28

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CURRENT
AFFAIRS NEWS

1. Supreme Court on TV News Regulation

The Supreme Court of India has expressed concern Information and Broadcasting (MIB) is responsible for
over the lack of discipline and accountability among disseminating information about government policies
TV news channels and has called for stronger self- and programs. The MIB regulates print media through its
regulation. The Court asked the News Broadcasters and Information Wing. The Press Council of India (PCI) is the
Digital Association (NBDA) and the News Broadcasters apex body for regulating print media in India. The Central
Federation (NBF) to suggest ways to enhance the self- Board of Film Certification (CBFC) was established by the
regulation mechanism. The key problems with the Cinematographic Act of 1952. The CBFC regulates the
current self-regulation system include the difficulty in certification and exhibition of films for public exhibition.
balancing freedom of speech with accountability, the
ineffectiveness of voluntary guidelines, the low penalties
for violations, and a lack of registration and recognition
for some self-regulatory bodies. There are also concerns
about potential monopolistic control by these bodies.
The implications of the case are significant, as it may lead
to stricter regulations for TV news channels, impacting
their autonomy and accountability.
Digital media is regulated under the Information
Technology Act and the IT Rules, 2021. The government's
Cable Television Networks (CTN) Amendment Rules in
2021 require registration of self-regulatory bodies. The
self-regulatory body of NBF, called the Professional
News Broadcasters Standards Authority (PNBSA), is
registered and it is the only statutorily recognised self-
regulatory body for news channels. The Ministry of

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 2. The Women's Reservation Bill of 2023
and OBC

OBCs, constituting 41% of the population, are inadequately represented

in the Lok Sabha and state legislatures. They have long demanded a
separate quota, similar to Scheduled Castes (SCs) and Scheduled Tribes
(STs). While some state governments have provided local body election
representation for OBCs, the 50% reservation cap imposed by the Supreme
Court limits OBC reservation to 27%, which critics find disproportionate to
their population. The current Lok Sabha includes approximately 120 OBC
MPs, comprising about 22% of the total strength. The Geeta Mukherjee
report on the Women's Reservation Bill included recommendations such as
reserving seats in the Rajya Sabha and Legislative Councils and providing
sub-reservation for OBC women when the Constitution extends reservation
to OBCs. Arguments in favor of OBC women's reservation highlight their
multiple forms of discrimination and historical underrepresentation, while
opponents argue it could divide the women's movement and not address the
root causes of OBC issues.

The historical development of OBC reservation in India includes the Kalelkar

Commission, Mandal Commission, "creamy layer" exclusion, constitutional
status for the National Commission for Backward Classes, and the ongoing
work of the Justice G. Rohini Commission to explore sub-categorization
among OBCs.

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3. The Women’s Reservation Bill of 2023 and
Delimitation
The Women's Reservation Bill, 2023 is tied to the issue of delimitation, a move criticized
by opposition parties. Delimitation is the process of redrawing parliamentary or assembly
seat borders to ensure equal voter representation in each constituency after each census.
Constitutional provisions related to delimitation, including Articles 82 and 170, govern this
process. Delimitation Commissions are set up periodically, and the current boundaries
were drawn based on the 2001 Census.

The Women's Reservation Bill, 2023 is linked to delimitation, with the government stating
that it will come into effect after the census-based delimitation, currently delayed until
2024-25 due to various factors. Concerns include potential underrepresentation of
southern states if delimitation is based solely on population parameters, as states with
successful population control measures might lose seats to states with higher population
growth. Additionally, opposition parties question the need to link the Women's Reservation
Bill with delimitation, suggesting that a simpler bill could have provided 33% reservation
for women without this connection.

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4. 2023 Nobel Prize in Medicine
The Nobel Prize in Medicine or Physiology for 2023 has
been awarded to Katalin Karikó and Drew Weissman for
their pioneering work on modifying the nucleoside bases
of messenger RNA (mRNA). Their research was critical
in the development of effective mRNA vaccines against
Covid-19 during the pandemic that started in early 2020.
They identified a challenge in the immune system's
recognition of in vitro transcribed mRNA as foreign,
which could lead to harmful side effects. Karikó and
Weissman realized that chemical modifications in the
bases of natural RNA from mammalian cells prevented
inflammatory responses. By creating mRNA variants
6
with these modifications, they reduced inflammatory
reactions and increased protein production. Their
breakthrough transformed our understanding of how
cells respond to different mRNA types, making mRNA
more suitable for clinical applications. This technology
led to the rapid development of base-modified mRNA
vaccines for Covid-19, saving millions of lives. mRNA
vaccines work by using synthetic mRNA to produce a
specific protein from a pathogen, triggering an immune
response. They are fast, cost-effective, and adaptable
for targeting new variants.
5. MS Swaminathan Passes Away at Age 98
MS Swaminathan, often hailed as the 'Father of India's
Green Revolution,' has passed away at the age of 98. Born
in 1925 in Kumbakonam, Tamil Nadu, he was deeply
influenced by Mahatma Gandhi's principles and India's
independence struggle. His career in agriculture was
inspired by the Bengal famine of 1942-43, which ignited
his passion for improving India's agricultural sector.
Swaminathan made significant contributions to Indian
agriculture as the Director General of the Indian Council
of Agricultural Research (ICAR), where he advanced
agricultural research and education. He played a pivotal
role in the Green Revolution, working with Norman
Borlaug to develop high-yielding wheat and rice varieties
that revolutionized Indian agriculture. His efforts led to
increased crop productivity and food security, averting
the threat of famine. Swaminathan also advocated for
farmer welfare and was instrumental in the development
of the Protection of Plant Varieties and Farmers'
Right Act 2001. His legacy includes contributions to
biodiversity conservation and the establishment of the
M. S. Swaminathan Research Foundation (MSSRF) to
promote sustainable agriculture and rural development.
Swaminathan received numerous accolades, including
the World Food Prize Laureate, Padma Shri, Padma
Bhushan, and Padma Vibhushan, as well as international
honors like the Ramon Magsaysay Award and the Albert
Einstein World Science Award.
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 6. Supreme Court expresses concern over
delayed Judicial Appointments
The Supreme Court (SC) of India has expressed concerns about the
delays in judicial appointments and its impact on the talent pool. The
backlog of 70 High Court Collegium recommendations pending with the
government for over 10 months has resulted in prospective candidates
withdrawing their applications due to the uncertainty created by
the government's inaction. The controversial practice of segregating
names from Collegium-recommended lists, despite the Collegium's
objections, has further exacerbated the situation. This has also caused
embarrassment and opposition to the Collegium's directions. The backlog
of appointments has left numerous judicial positions vacant across the
country, contrary to the Memorandum of Procedure's mandate for prompt
appointments of names reiterated by the Collegium. Specific pending
cases, such as the appointment of a Chief Justice to the Manipur High
Court and 26 transfers recommended by the Supreme Court Collegium,
remain unresolved. The SC has directed the Attorney General of India
to provide updates on pending judicial appointments and transfers until
October 9, 2023.

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7. Caste Census in Bihar
The recent Bihar Caste Survey, 2023, has revealed
that Other Backward Classes (OBCs) and Extremely
Backward Classes (EBCs) collectively make up 63% of
the state's total population. The survey was conducted
in two phases, with the first phase focusing on counting
and recording all households and the second phase
collecting data on people's castes, sub-castes, and
socio-economic conditions.
The significance of these findings lies in their potential to
increase the OBC quota beyond 27% and potentially lead
to a quota within a quota for EBCs. It may also reopen
the debate on the 50% reservation ceiling imposed by
the Supreme Court. However, there are concerns about
the political and social repercussions of a caste census
and its potential to solidify or harden identities. The last
caste census in India was conducted in 1931, and while
the Census of 2011 collected caste-based data, it was
not made public due to concerns of political favoritism.
The census is a vital tool for capturing population data
and identifying beneficiaries of state support, with the
SECC (Socio-Economic and Caste Census) serving this
purpose.
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8. 2023 Nobel Prize in Physics
The 2023 Nobel Prize for Physics was awarded to three
scientists: Pierre Agostini, Ferenc Krausz, and Anne
L’Huillier for their work in experimental physics that led
to the development of attosecond pulses, enabling the
direct observation and study of the rapid dynamics of
electrons within matter. The achievement of attosecond
pulse generation was a result of advancements in
the field. In 1987, Anne L’Huillier's team generated
overtones of light by passing an infrared laser through a
noble gas, leading to the creation of intense attosecond
pulses of light. Pierre Agostini's research group in France
and Ferenc Krausz's team in Austria further refined the
technique, producing isolated attosecond pulses that
provided unprecedented insights into electron dynamics.
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Attosecond physics has numerous applications,
including studying short-lived processes in fields like
materials science, electronics, and catalysis. It can also
be used in medical diagnostics for improved imaging
and diagnostic techniques and may contribute to faster
electronic device development. Additionally, attosecond
physics enhances imaging and spectroscopy, benefiting
various fields from biology to astronomy.
Other recent Nobel Laureates in the field of Physics
include Alain Aspect, John F. Clauser, and Anton
Zeilinger (2022), Syukuro Manabe, Klaus Hasselmann,
and Giorgio Parisi (2021), Roger Penrose, Reinhard
Genzel, and Andrea Ghez (2020).
9. 2023 Nobel Prize in Chemistry

The Nobel Prize in Chemistry for 2023 was awarded to slimmer solar cells, and playing a role in developing
Moungi G Bawendi, Louis E Brus, and Alexei I Ekimov encrypted quantum communication technologies.
for their discovery and synthesis of quantum dots.
Other recent Nobel Laureates in the field of Chemistry
The discovery and synthesis of quantum dots were
include Carolyn R. Bertozzi, Morten Meldal, and K. Barry
made possible by the contributions of Alexei Ekimov,
Sharpless (2022), Benjamin List and David MacMillan
who observed anomalous behavior in Copper Chloride
(2021), Emmanuelle Charpentier and Jennifer A. Doudna
nanoparticles, and Louis Brus, who made similar
(2020), John B. Goodenough, M. Stanley Whittingham,
discoveries involving Cadmium Sulphide nanoparticles.
and Akira Yoshino (2019), and Frances H. Arnold, George
Moungi Bawendi played a crucial role in simplifying
P. Smith, and Sir Gregory P. Winter (2018), recognized for
the production methods for nanoparticles with unique
their significant contributions to the field of chemistry.
characteristics.

Quantum dots have a wide range of applications, including

improving display technology, enhancing medical
imaging, enabling flexible electronics, contributing to

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10. Nagorno-Karabakh Conflict

Azerbaijan recently initiated a

military operation in the disputed
Nagorno-Karabakh region, which
has resulted in casualties. This
conflict is rooted in a long-standing
dispute between Azerbaijan
and Armenia over the Nagorno-
Karabakh region.

Nagorno-Karabakh, referred to
as Artsakh by Armenians, is a
region located in the Caucasus, an
area that spans across the Black
Sea and the Caspian Sea. While
it is internationally recognized as
part of Azerbaijan, the majority
of its inhabitants are of Armenian
ethnicity. The region declared its
independence from Azerbaijan
Azerbaijan is a country located in Asia, sharing borders
as the Soviet Union disintegrated
with Russia, Georgia, Armenia, and Iran. It is rich in oil
in the late 1980s, leading to the outbreak of the first
and natural gas resources and has the Caspian Sea to its
war between Armenia and Azerbaijan over Nagorno-
east. Armenia shares its borders with Turkey, Georgia,
Karabakh.
and Azerbaijan. The capital of Armenia is Yerevan, and
The conflict resulted in a ceasefire in 1994, with Nagorno- the country is known for its mountainous terrain, with
Karabakh and some surrounding areas under Armenian the highest peak being Mount Ararat.
control. The ceasefire, however, was often violated, and
several attempts to negotiate a peaceful settlement
failed. In 2020, Azerbaijan launched the Second
Karabakh War, emerging victorious and regaining control
over seven surrounding districts and a significant portion
of Nagorno-Karabakh. A peace deal brokered by Russia
ended the Second Karabakh War, with the deployment
of Russian peacekeepers to the region.

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 11. Supreme Court Committee on Prison Reforms
The Supreme Court Committee on Prison Reforms
has found that suicide is one of the leading causes
of unnatural deaths among Indian prisoners. Here
are some key details regarding prison deaths and the
efforts to address this issue:
Prison deaths in India are categorized as either
natural or unnatural deaths by the National Crime
Records Bureau (NCRB) through the Prison Statistics
India report, which is published annually. In 2021,
a total of 2,116 prisoners died in judicial custody,
with approximately 90% of these cases classified as
natural deaths. Natural deaths are typically attributed
to aging and illnesses, which can include conditions
such as heart diseases, HIV, tuberculosis, and cancer.
Unnatural deaths have a broader classification. The
suicide rate among inmates is more than twice as high
compared to the general population.
The Model Prison Manual of 2016 and the Mental
Healthcare Act of 2017 outline inmates' rights to
healthcare, including investment in healthcare
facilities, the establishment of mental health units,
training for officers to provide basic and emergency
care, and the formulation of suicide prevention
programs. In response to the rising number of
suicides, the National Human Rights Commission
(NHRC) issued an advisory to states in June 2023.
The NHRC recommended filling positions of "Prison
Welfare Officers, Probation Officers, Psychologists,
and Medical Staff."
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 12. 2023 Nobel Peace Prize

Narges Mohammadi, an Iranian activist, has been awarded the Nobel

Peace Prize in 2023 for her efforts in advocating for human rights,
particularly women's rights, and freedom in Iran. This award also
acknowledges the vast number of individuals who have protested
against the theocratic regime in Iran, with their motto "Woman - Life -
Freedom" symbolizing the spirit of their cause. Mohammadi has been
an opponent of the death penalty and an advocate for women's rights.
She was first arrested in 2011 for her work in supporting imprisoned
activists and their families. During her time in prison, she exposed
the regime's use of torture and sexual violence against political
prisoners, particularly women. She showed solidarity with the Mahsa
Amini Protests (Iranian Hijab Movement) from within the prison
and received several awards for her work, including the UNESCO/
Guillermo Cano World Press Freedom Prize and the Olof Palme Prize.
Her book, 'White Torture: Interviews with Iranian Women Prisoners,'
also earned recognition at the International Film Festival and Human
Rights’ Forum.

The Iranian Hijab Movement emerged in response to strict laws in

Iran requiring women to wear hijabs or headscarves with their regular
clothing. Non-compliance often led to arrests, warnings, or severe
punishment. The movement gained momentum after the arrest and
tragic death of Mahsa Amini, a 22-year-old woman who was detained
for violating the dress code. This incident triggered widespread
protests by Iranian women, demanding greater freedom and inspiring
similar demonstrations in cities around the world, such as Auckland,
London, Melbourne, New York, Paris, Rome, Seoul, Stockholm,
Sydney, and Zurich, all echoing the message of "Women, life, liberty."

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13. Israel Palestine Conflict
In 2023, the Israel-Palestine conflict has flared up
again as the militant group Hamas, ruling the Gaza Strip,
launched a scathing attack on Israel from land, air, and
water, leading to multiple casualties. Notably, Israel has
recently cemented peace agreements with neighbouring
countries like the UAE and Saudi Arabia, making the
situation even more complex. The conflict's roots can
be traced back to the Balfour Declaration in 1917, when
Britain expressed support for a Jewish "national home"
in Palestine. This declaration laid the foundation for the
ongoing conflict.
14. 2023 Nobel Prize in Economics
Claudia Goldin, a Harvard University professor, was
awarded the 2023 Nobel Prize in Economics for her
groundbreaking research on the Gender Gap in the
Labor Market. She is only the third woman to receive this
honor. Goldin's work has been pivotal in understanding
the historical and contemporary dynamics of women's
participation in the economy, shedding light on the
causes of the persistent gender pay gap.
Goldin's work traces the economic activities of women
over centuries, highlighting their roles in agriculture and
cottage industries before the industrialization era. She
emphasizes the crucial role played by the growth of
the services sector in providing women with access to
higher education and employment opportunities. Goldin
identifies "marriage bars" as legislative obstacles that
Recently, India's stance on the conflict has shifted
from being pro-Palestine to adopting a more balanced
approach, reflecting its evolving ties with Israel. India
recognized Israel in 1950 and has been one of the
first countries to recognize the Palestine Liberation
Organization (PLO) as the sole representative of the
Palestinian people. India now supports a Two-State
Solution for Israel and Palestine, advocating self-
determination for both parties.
hindered the employment of married women, despite
increasing demand for labor. Women's career decisions
were influenced by societal expectations and family
experiences, leading to choices that didn't necessarily
prioritize long and uninterrupted careers. The availability
of contraceptive pills in the 1960s gave women greater
control over family planning and career decisions,
leading to their increased participation in fields like law,
economics, and medicine. Even with improvements in
women's education and employment opportunities, a
significant gender-based pay gap persists, especially
after the arrival of the first child. Women's earnings do
not increase at the same rate as men's, even if they have
similar education and professions.
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15. 19th Asian Games

The 19th Asian Games, originally scheduled for 2022
but held in 2023 in Hangzhou, China recently concluded.
India achieved a historic milestone by winning a total of
107 medals, including 28 gold, 38 silver, and 41 bronze.
This marked a significant improvement over the 2018
Asian Games where India secured 70 medals, including
16 golds. India became only the fourth country in Asian
Games history to surpass the three-figure mark in terms
of medals won, joining China, Japan, and the Republic of
Korea. Athletics emerged as the most productive sport
for India, contributing a total of 29 medals, including
six gold, 14 silver, and nine bronze medals. The Indian
men's hockey team clinched a gold medal at the Asian
Games, securing a place at the Paris Olympics with a
resounding 5-1 victory over Japan.
The 2023 Asian Games introduced two new medal
sports: e-Sports and Breakdancing. Additionally, cricket
and traditional board games like Go, Xiangqi, and Chess
made a comeback to the Asian Games after not featuring
in the 2018 edition.
The Asian Games is the largest multi-sport event in
Asia, held every four years, and is recognized by the
International Olympic Committee. It had its origins in the
proposal of the Indian International Olympic Committee
after World War II, with the first Asian Games taking
place in New Delhi in 1951. The event is now regulated
by the Olympic Council of Asia and has seen India both
as a founding member and host of the games in the
past, with New Delhi hosting the 9th edition of the Asian
Games in 1982.

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16. OTT Platform Regulation
The Telecom Disputes Settlement Appellate Tribunal
(TDSAT) has issued a ruling stating that Over The Top
(OTT) platforms, like Hotstar, fall outside the jurisdiction
of the Telecom Regulatory Authority of India (TRAI) and
are instead governed by the Information Technology
Rules, 2021, established by the Ministry of Electronics
and Information Technology (MeitY). The Ministry of
Communications (MoC) and the Ministry of Electronics
and Information Technology (MeitY) had a dispute with
the Department of Telecommunications (DoT) over
which entity should regulate OTT platforms.
Over-The-Top (OTT) platforms are audio and video
streaming services that offer a wide range of content,
using artificial intelligence to recommend content
based on user preferences. They are known for hosting
and producing movies, web series, and more. The
Information Technology Rules, 2021, aim to regulate OTT
platforms and mandate greater diligence by social media
platforms regarding the content on their platforms. The
rules establish a self-regulatory structure with a Code of
Ethics and a grievance redressal mechanism.
The Telecom Disputes Settlement and Appellate Tribunal
(TDSAT) was established in 2000 to adjudicate disputes
related to telecom, broadcasting, IT, and airport tariffs.
It has powers akin to a civil court and is not bound by
the Code of Civil Procedure but follows the principles of
natural justice.
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17. Supreme Court on Abortion
The Supreme Court of India recently denied permission
to terminate a 26-week pregnancy for a married woman
under the provisions of the Medical Termination of
Pregnancy (MTP) Act, 1971. The Court was reluctant to
permit a medical termination when the pregnancy was
viable and not an immediate threat to the woman's life.
This decision was based on the interpretation of Section
5 of the MTP Act, 1971, allowing abortion only in cases
of immediate danger to the woman's life and health.
The three-judge Bench, led by the Chief Justice of India
(CJI), emphasized that a woman does not have an
"absolute, overriding right" to abort, particularly when
there's no immediate threat to her life or that of the
fetus. The CJI distinguished the term 'life' in the MTP Act
from its broader usage in Article 21 of the Constitution,
emphasizing its application to life-and-death situations.
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Abortion was illegal in India until the 1960s. The MTP
Act, 1971, legalized safe abortions, permitting licensed
medical professionals to perform them in predetermined
situations. The Act was amended in 2021, allowing
certain categories of women to obtain abortions up to
24 weeks of gestation. It also establishes state-level
Medical Boards to decide on terminations after 24
weeks in cases of substantial fetal abnormalities. The
MTP Act prioritizes the protection of women's privacy,
confidentiality, and dignity when accessing safe abortion
services. The Preconception and Prenatal Diagnostic
Techniques (PCPNDT) Act, 1994, prohibits sex-selective
abortions and regulates prenatal diagnostic techniques.
The Constitution of India, under Article 21, guarantees
the right to life and personal liberty, which includes the
right to reproductive choice and autonomy for women,
as interpreted by the Supreme Court of India.
18. Supreme Court on Same Sex Marriage
The Supreme Court of India recently ruled against
petitions to legalize same-sex marriage and examined
the provisions of the Special Marriage Act, 1954 in detail
in relation to homosexuality.
A five-judge Constitution Bench ruled 3:2 against giving
constitutional validity to same-sex marriages. The Chief
Justice of India (CJI) concluded that the court cannot
alter the Special Marriage Act (SMA) 1954 to include
same-sex couples. This issue should be addressed by
Parliament and state legislatures. The SC emphasized
that queer individuals have an equal right to enter into
a "union." All five judges on the Bench agreed that there
is no fundamental right to marry under the Constitution.
The CJI and Justice Kaul favored extending a "civil union"
to same-sex couples as an alternative. The right to marry
is a statutory right in India, not expressly recognized as a
fundamental or constitutional right. Earlier SC judgments
have recognized the right to marry as integral to Article
21 of the Constitution, which guarantees the right to life
and personal liberty.
The Special Marriage Act (SMA) 1954 allows marriages
between individuals of different religious backgrounds.
It provides for civil marriages for all Indian nationals,
regardless of their religion. Marriages under this law
are not governed by personal laws but by the SMA. The
Act plays a significant role in liberating individuals from
traditional marriage requirements.
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19. IMF World Economic Outlook
The International Monetary Fund (IMF) released its
World Economic Outlook for 2023, titled "Navigating
Global Divergence". The IMF projects global GDP (Gross
Domestic Product) growth to be 3% in 2023, the same
as its July 2023 forecast. However, global GDP growth
for 2024 has been reduced by 10 basis points from
the July forecast to 2.9%. Global inflation in 2024 is
expected to rise to 5.8%, faster than the 5.2% estimated
three months earlier.
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India's GDP growth for 2023-24 is forecasted to be
6.3%, a 20-basis point increase from the July 2023
projections. The IMF's 2023-24 growth forecast for
India is in line with the World Bank's projection in its
India Development Update. India's 2024-25 GDP
growth forecast remains unchanged at 6.3%. Despite
the upward revision, India's annual growth projection
is slightly lower than the 6.5% forecast by the Reserve
Bank of India's Monetary Policy Committee.
20. Global Hunger Index 2023
In the Global Hunger Index 2023, India ranked 111th
out of 125 countries, signifying a serious level of hunger.
Neighboring countries such as Pakistan (102nd),
Bangladesh (81st), Nepal (69th), and Sri Lanka (60th)
performed better than India.
The Global Hunger Index is an annual report published
by Concern Worldwide and Welthungerhilfe. It is a tool
designed to comprehensively measure and track hunger
at global, regional, and national levels, using a 100-point
scale where 0 implies no hunger and 100 is the worst
hunger. The GHI score is calculated based on four
indicators that reflect different aspects of hunger:
1. Undernourishment
2. Child Stunting
3. Child Wasting
4. Child Mortality
India's GHI score in 2023 is 28.7, categorized as
"serious" on the GHI Severity of Hunger Scale. India
has shown some improvement compared to its GHI
2015 score of 29.2. While progress has been made,
child wasting remains a concerning issue, with a rate
of 18.7%, the highest among all countries in the report.
The prevalence of undernourishment in India is 16.6%.
The under-five mortality rate stands at 3.1%. Globally,
the GHI 2023 score is 18.3, considered moderate, but
progress in reducing hunger has stagnated due to various
crises, including climate change, conflicts, economic
shocks, the Covid-19 pandemic, and the Russia-Ukraine
war.
The Indian government has criticized the report's
methodology, raising concerns about "serious
methodological issues" and "malafide intent." Data from
the government's Poshan Tracker contradicts the GHI's
reported child wasting prevalence.
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CURRENT LEGAL
AFFAIRS NEWS

1. The Election Commission Bill, 2023

 The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and
Term of Office) Bill, 2023 (the Bill) was introduced unexpectedly in Rajya Sabha in the last days of the monsoon
session of the Parliament.
 From the Statement of Objects and Reasons of the Bill, it can be understood that the Bill aimed to replace the
selection committee for the appointment of Chief Election Commissioner (CEC) and Election Commissioners
(ECs) temporarily constituted by the Supreme Court in Anoop Baranwal v. Union of India[i] till the Parliament
makes a law.
 Apart from the provision of appointment, the Bill also provides for qualifications and conditions of services of CEC
and other ECs and the transaction of business and disposal of business by the Election Commission.
 The Bill will create an overshadow in the minds of the people that the Election Commission is a branch of the
executive rather than the independent constitutional body entrusted with the constitutional obligation of free and
fair conduct of elections.

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2. How appointment is done?
 The system of appointment of CEC and ECs provided by the Bill is that the President, by warrant under his hand
and seal, appoint on the recommendation of the Selection Committee consisting of the Prime Minister as its
Chairman, the Leader of Opposition in the House of the People and a Union Cabinet Minister as members.
 The leader of the single largest party in opposition in the House of the People will be deemed as the Leader of
Opposition if it is otherwise not recognized in the House.
 The Union Minister to the Committee to be nominated by the Prime Minister. This Selection Committee will
consider the panel of five persons prepared by a Search Committee headed by Cabinet Secretary.
 Bill also empowers the Selection Committee to consider any person outside the panel prepared by the Search
Committee for appointment.
 Moreover, the Bill also provides that the appointment of CEC or EC shall not be invalid due to any vacancy or defect
in the constitution of the Selection Committee.
 From its very composition, the upper hand of the Central Government in the Selection Committee is clear that the
appointment of CEC and ECs shall only be in accordance with the interest of the executive.
 Though Article 324 (2) of the Constitution authorizes Parliament to make a law for the appointment of the CEC
and EC, there was no such law made by the Parliament in this regard.
 In the absence of such a law, the President made the appointment of CECs and ECs so far on the Prime Minister's
recommendation. This is contrary to the concept of an independent Commission, as the appointees were all the
nominees of the Government, irrespective of their excellent career records before or after the appointment.

3. Deep Fakes
 In an era dominated by artificial intelligence (AI), a new breed of mischief has emerged - deepfakes. These
cunning concoctions, born from the marriage of “deep learning” and “fake,” are causing quite a stir.
 Women find themselves on the frontlines of a battle against the insidious rise of deepfake pornography. This
reprehensible phenomenon involves the malicious use of AI to superimpose the faces of unsuspecting individuals
onto explicit and often degrading content, all without their consent.
 It is a horrifying violation that has thrust victims into a harrowing ordeal of humiliation and violation.

4. Law in India:
 In India, laws addressing deepfake activities include Section 66E of the Information Technology Act of 2000,
which pertains to privacy violations through the capturing, publishing, or transmission of someone’s images in
mass media. Violators can face imprisonment for up to three years or a fine of up to ₹2 lakh.
 Additionally, Section 66D of the IT Act allows prosecution for malicious use of communication devices or computer
resources to impersonate others, carrying penalties of up to three years in prison and/or a fine of up to ₹1 lakh.
 These provisions can be applied to prosecute individuals engaged in deepfake cybercrimes within the country.
 As the forthcoming Digital India Act aims to supersede the IT Act, it will comprehensively address the threats
posed by AI, including the issue of deepfakes.

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5. Draft Patent Amendment Rules 2023

 The 2003 Rules replaced the previous Patents Rules of 1972 and provided a detailed outline of the procedure for
filing patents and related activities
 First, the draft amendment rules have introduced a variable fee for filing pre-grant oppositions. The proposed
introduction of fees can run into thousands of rupees and thus impose a significant financial burden.
 The most important change is about granting the controller the power to determine the maintainability of
representation by individuals or civil society organisations to file pre-grant oppositions.
 “Pre-grant opposition is an important public health safeguard against patent evergreening and unmerited
monopolies. It is one sure way to ensure that quality-assured and affordable generics remain accessible.
 Under the existing Rule 12(2), patent applicants are required to inform the Controller about applications filed in
other countries, and this must be done within six months of filing. However, the proposed Draft Rules suggest
shortening this time limit to two months after receiving the first statement of objections.
 Regarding the examination of patent applications as per Section 11B of the Patents Act, Rule 24B currently states
that the examination request should be made within forty-eight months from the priority date or filing date,
whichever is earlier. The proposed Draft Rules intend to reduce this period to thirty-one months.
 The proposed Draft Rules include a new provision regarding the renewal fee for maintaining a patent according to
Section 53. While it's possible to make advanced payments for the annual renewal fees covering multiple years, a
notable change is that if the renewal fees for a minimum period of four years are paid in advance through e-filing,
a ten percent fee reduction will be granted for such payments.

6. Suspension of RS MP Raghav Chadha

 Aam Aaadmi Party(AAP) MP Raghav Chadha has approached the Supreme Court challenging his suspension from
the Rajya Sabha.
 He was suspended from the upper house on August 11 for allegedly obstructing the house proceedings.
 The suspension is to continue the duration of the pendency of Privileges Committee proceedings against him.
 In a writ petition filed against the Rajya Sabha Secretariat, the AAP leader has challenged the "indefinite
suspension" as illegal and arbitrary.

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7. Parliamentary Privileges
Freedom of Speech in Parliament:
 The freedom of speech and expression guaranteed to a citizen under Article 19(2) is different from the freedom
of speech and expression provided to a member of the parliament.
 It has been guaranteed under Article 105(1) of the Indian constitution. But freedom is subject to rules and orders
which regulate the proceedings of the parliament.
 Limitations:
 Freedom of speech should be in accordance with the constitutional provisions and subject to rules and procedures
of the parliament, as stated under Article 118 of the Constitution.
 Under Article 121 of the Constitution, the members of the parliament are restricted from discussing the conduct
of the judges of the Supreme Court and the High Court.
Freedom from Arrest:
 The members enjoy freedom from arrest in any civil case 40 days before and after the adjournment of the
house and also when the house is in session.
 No member can be arrested from the limits of the parliament without the permission of the house to which s/
he belongs so that there is no hindrance in performing their duties.
 If the detention of any members of the parliament is made, the chairman or the speaker should be informed by
the concerned authority, of the reason for the arrest.
 But a member can be arrested outside the limits of the house on criminal charges against him under the
Preventive Detention act, the Essential Services Maintenance Act (ESMA), the National Security Act (NSA), or
any such act.
 Right to Prohibit the Publication of Proceedings:
 Article 105(2) of the Constitution, no person shall be held liable for publishing any reports, discussions etc. of
the house under the authority of the member of the house.
 For paramount and national importance, it is essential that the proceedings should be communicated to the
public to aware them of what is going on in the parliament.
Right to Exclude Strangers:
 The members of the house have the power and right to exclude strangers who are not members of the house
from the proceedings.
 This right is very essential for securing free and fair discussion in the house.

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8. Same-Sex Verdict
The bench of the five judges unanimously refuse to accord legal recognition to same-sex marriage under the
Special Marriage Act.
The five-judge Constitution bench that was hearing the pleas comprised Chief Justice DY Chandrachud and
Justices SK Kaul, SR Bhat, Hima Kohli and PS Narasimha.
Constitutional validity of SMA:
 This court cannot either strike down the or read words into the SMA because of its institutional limitations.
 This court cannot read words into the provisions of the SMA and provisions of other allied laws such as because
that would amount to judicial legislation.

The majority judges by 3:2 held that Queer couples do not have a right to seek recognition for their union holding
that any such recognition can only be based on statute.
The majority judges by 3:2 held that non-heterosexual couples cannot be granted the right to jointly
adopt a child.

9. Electoral Bonds
→ The union government on Friday approved the issuance of the 28th tranche of electoral bonds that will open on
October 4 for a period of 10 days.
→ The announcement comes ahead of assembly elections in Rajasthan, Madhya Pradesh, Chhattisgarh, Telangana
and Mizoram which are expected to be held later this year.
→ The Supreme Court will hear the batch of petitions challenging the Electoral Bonds scheme on October 31, 2023.
→ A bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra heard the preliminary
issues today.

 By virtue of the 2017 amendment made to Section 29C of the Representation of Peoples Act 1951(RPA), a donor
may buy an electoral bond at specified banks and branches using electronic modes of payment and after having
completed the KYC (know your customer) requirements.
 However, political parties are not required to disclose the source of these bonds to the Election Commission of
India (ECI).
 The bonds can be bought for any value, in multiples of Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh or Rs 1 crore.
 The name of the donor will not be there in the bond. The bond will be valid for 15 days from the date of issue,
within which it has to be encashed by the payee-political party.
 The face value of the bonds shall be counted as income by way of voluntary contributions received by an eligible
political party, for the purpose of exemption from Income-tax under Section 13A of the Income Tax Act, 1961.

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10. Manual Scavenging
The Supreme Court on 20th October issued a categorical direction to the Union Government and all State
Governments to ensure the complete eradication of the practice of manual scavenging.
The Court said this practice was banned with the introduction of the Employment of Manual Scavengers and
Construction of Dry Latrines (Prohibition) Act, 1993 and the Prohibition of Employment as Manual Scavengers and
Their Rehabilitation Act, 2013.
Constitutional Safeguards:
 Article 14: Equality before the law and equal protection of the laws.
 Article 17: Abolition of untouchability and prohibition of its practice in any form.
 Article 21: Protection of life and personal liberty.
 Article 23: Prohibition of traffic in human beings and forced labour.
Rehabilitation Effort:
 The NAMASTE scheme necessitates the identification and profiling of all septic tank/sewer workers, provision
of occupational training and safety equipment, and enrollment in health insurance under the Ayushman Bharat
scheme.
 Union Budget 2023-2024 has allocated nearly Rs 100 crore for the National Action for Mechanized Sanitation
Ecosystem (NAMASTE) and the government is looking to enable 100% mechanical desludging of septic tanks and
sewers in all cities and towns.

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CURRENT AFFAIRS QUESTIONS

1. Statement: “The United Nations Security Council has five permanent members with veto power.” Question: Which
of the following personalities was instrumental in drafting the United Nations Charter and served as the chief U.S.
delegate to the United Nations Conference on International Organization in 1945?
a) Franklin D. Roosevelt.
b) Harry S. Truman.
c) Cordell Hull.
d) Edward Stettinius Jr.

2. Statement: “The World Bank's president is appointed by its Board of Governors.” Question: Who served as the
President of the World Bank before David Malpass assumed the position in 2019?
a) Jim Yong Kim.
b) Paul Wolfowitz.
c) Robert Zoellick.
d) James D. Wolfensohn.

3. Statement: “The concept of "biodiversity hotspots" highlights regions with exceptional levels of plant and animal
species.” Question: Which global environmental organization coined this term to prioritize conservation efforts?
a) Greenpeace.
b) World Wildlife Fund (WWF).
c) International Union for Conservation of Nature (IUCN).
d) United Nations Environment Programme (UNEP).

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4. Statement: “ISRO's Mars Orbiter Mission (Mangalyaan) marked India's success in interplanetary exploration.”
Question: In which year did Mangalyaan successfully enter Mars' orbit, making India the first Asian nation to reach
Martian orbit and the first nation in the world to do so in its maiden attempt?
a) 2011.
b) 2013.
c) 2014.
d) 2016.

5. Statement: “The Emergency declared in India in 1975 marked a significant event in the nation's political history.”
Question: Which Prime Minister of India proclaimed the state of Emergency, leading to the suspension of
fundamental rights?
a) Jawaharlal Nehru.
b) Lal Bahadur Shastri.
c) Indira Gandhi.
d) Morarji Desai.

6. Statement: “The Sarkaria Commission, appointed in the 1980s, aimed to examine the relationship and balance
of power between the Centre and the States in India.” Question: Who was the Prime Minister when the Sarkaria
Commission was constituted?
a) Rajiv Gandhi.
b) V.P. Singh.
c) P.V. Narasimha Rao.
d) Atal Bihari Vajpayee.

7. Statement: “The Treaty of Westphalia in 1648 is often considered a cornerstone in the development of the modern
state system.” Question: Which two countries were the primary signatories of this treaty?
a) France and England.
b) Spain and Portugal.
c) Sweden and Denmark.
d) Austria and Prussia.

8. Statement: “The Helsinki Accords signed in 1975 aimed to improve relations between the Communist bloc
and the West.” Question: Which organization played a crucial role in the negotiation and signing of the Helsinki
Accords?
a) United Nations.
b) European Union.
c) Organization for Security and Co-operation in Europe (OSCE).
d) NATO.

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9. Statement: “The concept of "soft power" in International Relations was popularized by a renowned political
scientist.” Question: Who coined the term "soft power"?
a) Samuel P. Huntington.
b) Joseph Nye.
c) Henry Kissinger.
d) Robert Keohane.

10. Statement: “The President of the International Court of Justice plays a crucial role in presiding over its sessions.”
Question: Who was the first President of the ICJ?
a) Sir Muhammad Zafrulla Khan.
b) Sir HerschLauterpacht.
c) Sir Arnold McNair.
d) Sir Percy Spender.

11. Statement: “The novel "To Kill a Mockingbird" addresses issues of racial injustice and moral growth in the
American South.” Question: Who is the author of this Pulitzer Prize-winning novel?
a) J.D. Salinger.
b) Harper Lee.
c) John Steinbeck.
d) Mark Twain.

12. Statement: “The concept of "brain drain" is associated with the migration of skilled professionals from developing
to developed countries.” Question: In the context of globalization, which Indian-origin CEO is renowned for leading
Microsoft and subsequently becoming involved in philanthropy?
a) SundarPichai.
b) SatyaNadella.
c) IndraNooyi.
d) Ratan Tata.

13. Statement: “The Treaty of Tordesillas, signed in 1494, aimed to resolve conflicts over newly discovered lands
between two European powers.” Question: Which countries were the primary signatories of this treaty, dividing
the non-European world into Spanish and Portuguese spheres of influence?
a) England and France
b) Spain and Portugal
c) Netherlands and Italy
d) Germany and Austria

14. Statement: “The Australian state of Victoria pulled out of hosting the 2026 Commonwealth Games on Tuesday
citing major cost blow-outs, leaving organizers fuming as they scrambled to keep the multi-sport event afloat.”
Question: Which country has hosted the Commonwealth Games the most number of times?
a) Australia
b) England
c) Canada
d) Malaysia

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15. Statement: “The concept of "biodiversity hotspots" refers to regions with high levels of biodiversity that are under
threat.” Question: Which of the following is not considered a biodiversity hotspot?
a) The Amazon Rainforest.
b) The Arctic Tundra.
c) The Mediterranean Basin.
d) The Western Ghats in India.

16. How many countries were signatories to the Paris Agreement when it was adopted?
a) 100.
b) 150.
c) 195.
d) 225.

17. Which article empowers the state to impose reasonable restrictions on the exercise of the right to freedom of
speech and expression in the interest of sovereignty and integrity of India?
a) Article 19(1)(a).
b) Article 19(2).
c) Article 21.
d) Article 22.

18. In which year was the Right to Education (Article 21A) added to the list of Fundamental Rights?
a) 2002.
b) 2008.
c) 2010.
d) 2012.

19. Widely regarded as one of the greatest basketball players in history, this NBA legend spent his entire career with
the Los Angeles Lakers, winning numerous championships. Who is he?
a) LeBron James.
b) Kobe Bryant.
c) Michael Jordan.
d) S haquille O'Neal.

20. The Armed Forces Tribunal (AFT) in India has the authority to adjudicate disputes and complaints related to the
armed forces. In which year was the Armed Forces Tribunal established?
a) 1999.
b) 2004.
c) 2008.
d) 2011.

31
21. The concept of "biodiversity hotspots" refers to regions with exceptionally high levels of biodiversity that are also
under threat. Which environmental scientist introduced the idea of biodiversity hotspots?
a) E.O. Wilson.
b) Paul R. Ehrlich.
c) Jane Goodall.
d) Rachel Carson.

22. Which principle was introduced by this act that laid the foundation for federalism in British India?
a) Dual Government.
b) Diarchy.
c) Decentralization.
d) Dynarchy.

23. Operation Overlord, the Allied invasion of Normandy on June 6, 1944, is often referred to as D-Day. Who was the
Supreme Commander of the Allied Expeditionary Force during this pivotal operation?
a) General Dwight D. Eisenhower.
b) Field Marshal Bernard Montgomery.
c) General George S. Patton.
d) Admiral Chester W. Nimitz.

24. The "clear and present danger" test is a legal standard used to determine the limits of free speech under the First
Amendment to the U.S. Constitution. In which case did the U.S. Supreme Court first articulate this test?
a) Tinker v. Des Moines.
b) New York Times v. Sullivan.
c) Schenck v. United States.
d) Texas v. Johnson.

25. What does the principle of proportionality require in the context of military actions?
a) The use of overwhelming force to ensure victory.
b) The use of force only when absolutely necessary.
c) The use of force proportionate to the military objective and avoiding excessive harm to civilians.
d) The complete avoidance of force in all circumstances.

26. Who was the highly esteemed and influential personality behind the establishment of the Pentagon, often referred
to as the "father of the Pentagon"?
a) John Pentagonson
b) General George Marshall
c) Admiral Grace Hopper
d) Senator Emily Wilson

32
27. Who was the visionary leader and prominent personality instrumental in the establishment of SEBI, often referred
to as the "architect of the Indian securities market"?
a) RaghuramRajan,
b) Manmohan Singh
c) C. B. Bhave
d) Narayana Murthy

28. The Commonwealth Games Federation (CGF) plays a crucial role in organizing and overseeing the Commonwealth
Games. Who was the first President of the Commonwealth Games Federation?
a) Sir Henry Wells.
b) Sir Peter Heatly.
c) Sir Stanley Rous.
d) Sir Herbert Read.

29. What human-made chemicals were primarily responsible for the depletion of the ozone layer, leading to the
adoption of the Montreal Protocol in 1987?
a) CFCs (Chlorofluorocarbons).
b) CO2 (Carbon dioxide).
c) SO2 (Sulfur dioxide).
d) NOx (Nitrogen oxides).

30. TDue to its unique characteristics, people can effortlessly float on its surface. What is the approximate salt
concentration of the Dead Sea?
a) 10%.
b) 25%.
c) 33%.
d) 50%.

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