Arora IAS Current Affairs

POLITY CRUX

Jan 2019 to Feb 2019

ORAL MENTION Convention by which lawyers circumvent the long-winded filing procedure and make a direct appeal to CJI for early hearing
GANDHI PEACE PRIZE

Instituted in 1995 by GoI

in Commemoration of 125th birth anniversary of Mahatma Gandhi

NATIONAL SECURITY ACT
National Security Act, 1980

 “to provide for preventive detention in certain cases and for matters connected therewith”.

 The grounds for preventive detention of a person include:

o Acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, or the security of India.

 A detenu may be held for up to three months

and in certain circumstances six months, without any review.

 A three person Advisory Board made up of high court judges or persons qualified to be high court judges determines the legitimacy of any order made for longer than three months. If

approved, a person may be held extra-judicially for up to 12 months.

 extends to the whole of India except the State of Jammu and Kashmir

History of Preventive Detention laws in India

Pre-independence laws- Bengal Regulation III of 1818, Defence of India Act 1915, Rowlatt Acts of 1919

Post-independence laws

ü  Preventive Detention Act (1950-1969)

ü  Unlawful Activities (Prevention) Act (1967)

ü  Maintenance of Internal Security Act (MISA)(1971- 1978)

ü  Conservation of Foreign exchange and Prevention

ü  of Smuggling Activities (COFEPOSA) (1974)

·       National Security Act (1980)- amended in 1984, 1985 and 1988

Recent Cases

ü  UP government arrested three persons under the

NSA in connection with an alleged cow-slaughter

incident in Bulandshahr

SECTION 124-A OF THE INDIAN PENAL CODE ü  Sedition is an act that brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India by words, either spoken or written, or by signs, or by visible representation, or otherwise.

Various verdicts in Romesh Thappar, Kanahiya Kumar case redefined a seditious act only if it had essential ingredients as:

o   Disruption of public order,

o   Attempt to violently overthrow a lawful government,

       o  Threatening the security of State or of public

CITIZENSHIP AMENDMENT BILL

 

 

Definition of Illegal Migrants:

ü  The Bill amends the Citizenship Act, 1955 to provide that ‘persecuted’ non- Muslim minorities (Hindu, Sikh, Buddhist, Jain, Parsi & Christian communities) from Pakistan, Afghanistan and Bangladesh, who have arrived in India on or before December 31, 2014 & living in India without valid travel documents to obtain Indian citizenship, will not be treated as illegal migrants.

ü  However, to get this benefit,they must also be exempted from provisions of the Passport (Entry into India) Act, 1920, and

ü  the Foreigners Act, 1946 by the central government

Citizenship by naturalization:

ü  reduces the aggregate period of residential qualification for acquiring citizenship from 11 years to 6 years, along with continuous stay for last 12 months.

Cancellation of registration of Overseas Citizens of India (OCIs): Bill adds one more provision for cancellation of registration of OCIs for violation of any law in the country

 

The Citizenship Act, 1955

ü  provides for acquisition of citizenship by birth,descent, registration, naturalization and by incorporation of territory into India.

ü  The Act prohibits illegal migrants from acquiring Indian citizenship. It defines an illegal migrant as a foreigner:

ü  who enters India without a valid passport or travel documents, or (ii) stays beyond the permitted time.

ü  regulates registration of Overseas Citizen of India Cardholders (OCIs), and their rights. An OCI is entitled to a multiple-entry, multi-purpose lifelong visa to visit India.

ü  allows central government to cancel the registration of OCIs on grounds such as fraudulent registration, imprisonment for more than 2 years within 5 years of registration, sovereignty & security of the country etc

Assam Accord 1985

ü  Government of India + the leaders of the Assam Movement.

ü  All those foreigners who had entered Assam between 1951 and 1961 were to be given full citizenship, including the right to vote;

o   Those who had done so after 1971 were to be deported,

o   Also, the entrants between 1961 and 1971 were to be denied voting rights for ten years but would enjoy all other rights of citizenship.

Steps taken by the Centre to address concerns of indigenous groups

ü  High level committee to operationalize Clause 6 of the Assam Accord: The Committee will define the

ü  “Assamese people” eligible for the proposed safeguards, which includes reservation of seats in Assembly & local bodies, reservation in government jobs, land ownership rights, etc. It would also examine the

ü  effectiveness of actions since 1985 to implement Clause 6.

ü  Scheduled Tribes Status: proposal to accord Scheduled Tribe status to six major communities  (Koch Rajbongshi, Tai Ahom, Chutia, Matak, Moran and Tea Tribes) that are currently classified as OBC.

ü  The ST status could turn Assam, with a 34% Muslim population, into a tribal State with a majority of seats reserved

RESERVATION FOR ECONOMICALLY WEAKER SECTIONS

The Constitution (103rd Amendment) Act, 2019 (124th Constitution Amendment Bill

ü  10% reservation in government jobs and educational institutions to the economically weaker sections

ü  (EWS) among those who are not covered under any reservation plan

ü  amends Article 15- enable the government to take

special measures (not limited to reservations) for the

advancement of “economically weaker sections” (EWS).

ü  not apply to minority educational institutions

ü  adds Article 16(6)- reserve up to 10% of all posts for the

“economically weaker sections” of citizens

ELECTRONIC VOTING MACHINE (EVM)

1st used in 1982 Kerala Assembly elections

 

RP Act 1951 was amended in 1988 to allow usage of EVMs.

• In 1999, they were used for the 1st time in the entire state for

Goa Legislative Assembly elections.

In 2004, EVMs were used for the 1st time in Lok Sabha

Elections

 

 

 

 

 

 

 

 

In Subramaniam Swamy vs ECI (2014), SC said

VVPAT is necessary for transparency in voting and

must be implemented by ECI. In General Elections

2019, VVPATs will be used in all the constituencies

ü  An EVM consists of a “control unit” and a “balloting unit”. The control unit is with the Election Commission-appointed polling officer; the balloting unit is in the voting

ü  compartment into where voter casts her vote in secret

ü  It runs on a single alkaline battery fitted in the control unit,and can even be used in areas that have no electricity.

ü  They are manufactured by Electronics Corporation of India Limited (ECIL) and Bharat Electronics Limited (BEL).

Safety Features within EVMs

Non-reprogrammable:

ü  integrated circuit (IC) chip : one time programmable (software burnt at the time of manufacturing) and cannot be reprogrammed.

No external communication:  

ü  not networked by any wired or wireless system, nor do they have any frequency receiver and data decoder, so there cannot be any external communication. Control Unit (CU)

ü  accepts only specially encrypted & dynamically coded data from Ballot Unit (BU).

ü  Other countries like Netherlands and Germany (which discontinued the use of EVMs) use computer based EVMs which are prone to hacking, while Indian EVMs are standalone machines.

Secure Source Code:

ü  Software and source code developed in-house by selected group of engineers in BEL and ECIL.

ü  It allows a voter to cast the vote only once. The next vote can be recorded only after Presiding Officer enables the ballot on CU.

ü  Time stamping of votes: EVMs are installed with real time clock, full display system and time-stamping of every key pressing so there is no possibility of system generated/latent votes.

Secure against post-manufacturing tampering: self diagnostics shut down automatically in case of tampering.

ü  various procedural checks and balances (Standard Operating Procedure) like functional checks, trial run, random allocation, multi-stage testing, dry run and safe & secure storage post voting, included for ensuring free and fair elections.

NORTH-EAST AUTONOMOUS COUNCILS ü  6th schedule deals with the administration of the tribal areas in four north-eastern states of Assam,Meghalaya, Tripura and Mizoram.

ü  constituted as autonomous districts, each of which has an

autonomous district council consisting of 30 members. Currently, there are 10 such councils

powers and functions of autonomous councils include:

ü  make laws on certain specified matters like land, forest, canal water, shifting cultivation, inheritance of property, marriage, divorce etc. These require assent of the governor.

ü  constitute village councils or courts within their jurisdiction, for trials of suits and cases between the tribes.

ü  establish, construct or manage primary schools, dispensaries, markets, ferries, fisheries, roads and so on in the district.

ü  make regulations for the control of money lending and trading by non-tribals, but these require the assent of the governor.

ü  empowered to assess and collect land revenue and to impose certain specified taxes

TRADE UNION RECOGNITION

 

The first organized labour movement in India was in 1884 by N. M. Lokhande, who was a factory worker in Bombay

Trade Union Act, 1926

ü  It provides for the constitution and registration of trade unions in India.

ü  It permits any association of seven workers to be registered as a union.

ü  The Act extends to the whole of India except the State of Jammu and Kashmir.

ü  Government Servants cannot form trade unions under the Trade Unions Act, 1926

N.M. Joshi is considered as the father of modern trade unionism in India, and he introduced the Trade Union Bill in the Assembly in 1921.

Article 19(1)(c) of the Constitution of India guarantees freedom of association as a fundamental right.

National Foundation for Communal Harmony

 

ü  an autonomous organization under the administrative control of the Ministry of Home Affairs.

ü  main objective :to provide assistance to the children, youth rendered orphan and destitute in communal, caste, ethnic or terrorist violence for their rehabilitation.

ü  promotes communal harmony and national integration through various activities.

ü  conducts different activities for the promotion of communal harmony and strengthening of national integration.

All India Citizens Survey of Police Services

 

ü  Ministry of Home Affairs has commissioned the Bureau of Police Research and Development to conduct a pan-India survey called ―All India Citizens Survey of Police Services‖.

ü  The survey will be conducted through the National Council of Applied Economic Research, New Delhi.

The survey is aimed

1. To understand public perceptions about Police

2. To gauge the level of non-reporting of crimes or incidents to Police

3. To assess the position on ground relating to crime reporting & recording, timeliness and quality of police response and action,

4. To assess citizens’ perception and experience about women and children‘s safety

Renaming of Allahabad

Union Home Ministry has approved the UP government’s proposal to rename Allahabad as Prayagraj

ü  According to the existing guidelines for renaming of railway stations, villages, towns and cities

i.  mandatory to obtain a No Objection Certificate (NOC) from the Union Home Ministry by the respective state government.

ii. Union Home Ministry considers the proposals of name change in consultations with Ministry of Railways, Department of Posts and Survey of India.

iii. These organisations have to confirm that there is no such city, town or village in their records with a name similar to the proposed one

Vote on Account (VoA)

 

ü  special provision called “Vote on Account” is used, where the government obtains the vote of Lok Sabha to withdraw money from CFI to keep the money flowing for the government’s day to day functions, until the Budget is passed. (Article 116).

ü  e.g Salary to government employees, loan interest payments, subsidies, pension payments etc

ü  The Union Budget is nothing but a projected income and expenditure statement for the coming year.

ü  As per the Constitution, all the revenue received and the loans raised by the Union government are parked in the Consolidated Fund of India (CFI).

ü  Article 266 mandates that Parliamentary approval is required to draw money from the CFI

ü  So the Budget has to be approved by Parliament before the commencement of the new financial year.

ü  But the discussion and passing of Budget generally goes beyond the current financial year.

Poll Symbols

 

ü  The Election Commission has two lists of symbols namely reserved and free.

ü  Reserved symbols are allotted to candidates sponsored by recognized state or national parties.

ü  Similarly a list of free symbols is prepared by ECI for independent candidates or those from unrecognized

ü  parties.

ü  These candidates have to choose three symbols from the list at the time of submission of nomination papers.

ü  One of the three will be allocated to him.

ü  Any choice other than from the list will be summarily rejected.

ü  Two or more recognized political parties can have the same symbol provided they are not contenders in the same State or Union Territory.

Law Ministry on Judges’ Retirement Age

The Bill sought to increase the retirement age of High Court judges to 65.

 

ü  Recently, Parliamentary Standing Committee proposed that rising the retirement age of judges would help

ü  retain the existing judges, which in turn would help in reducing both vacancy and pendency of cases in short run.

ü  The Law Ministry replied that there was no proposal as of now to increase the retirement age of Supreme Court judges from 65 to 67 and of High Court judges from 62 to 65.

Consultative Committee

 The Ministry of Parliamentary Affairs constitutes Consultative Committees of Members of both the Houses of

Parliament for different ministries.

 

ü  The Union Minister of Consumer Affairs chaired an Inter-Session Consultative Committee Meeting.

ü  The Minister in-charge of the Ministry concerned acts as the chairman of the Committee.

ü  main purpose of these Committees is to provide a forum for informal discussions between the Government and Members of Parliament on policies and programs of the Government and the manner of their implementation.

 

BHARAT RATNA AND OTHER CIVILIAN AWARDS OF INDIA
  

 

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