#Governance GS Paper 2
Context:- Kerala brought Criminal Law (Kerala Amendment) Bill, 2022 to amend section 292 A , which deals with the sale of obscene books, pamphlets, drawings, paintings. This amendment bill says it would also cover those who print or cause to be printed in any newspaper, periodical or circular.
From exam point of view, if We need an amendment in IPC,Tell me in which section you will bring changes:-
Consider the following statements:-
1. Coastal protection and development advisory is constituted by Ministry of shipping.
2. Shoreline change Atlas of the Indian coast is prepared by ISRO in collaboration with Department of water resources, river development and Ganda rejuvenation.
Which of the following is correct:-
#Polity GS Paper 2
Context:- SC has agreed to examine the first amendment act.
What was in this amendment act?
Ans:- Actually through this amendment, govt has introduced the word Public order and Incitement to an offence under article 19 (2), thus widening the scope of restriction on the right to free speech.
This has been though not supported by SC in Romesh Thapar case and Brij Bhushan case. But govt said Security of state is linked with maintanance of public order.
Hello students, New batch for answer writing is going to start from 6 th November in the mentioned programs. Admission has been started from today on our website www.ias360.in and you can also give us a call.
Only institute where faculties( vivek sir , myself and other faculties) are preparing questions, Model answers and evaluating your copies in front of you.
This article has not been written well, very confusing article.
Actually Azam khan has been disqualified after conviction in Inflammatory speech but Vikram singh saini has not been diqualified who was also convicted fro 2 years in jail for muzzafarnagar riots.
So the question comes in the mind why there is a difference, why Vikram singh has not been disqualified. (However this not true, read the below explanation )
For answer, Look that in section 8(1) of RPA, there are two types of criminal cases that attract disqualification.
If punishment is prison sentence then disqualification starts from date of conviction and will continue for 6 years after the release from jail. Ex:- making speech that cause enmity, rape and cruelty etc.
If punishment is fine, six year period will run from date of conviction. It means he will be disqualified for 6 years in this case but calculation of date will start from date of conviction.
All these is realted to section 8 (1).
But if you will read section 8 (3), it read as:- A sentence of at least two years in prison is needed for disqualification.
Ex:- regulation of acquisition, possession, storage, transport, distribution, disposal, use or consumption of any essential commodity.
OR
Sentenced for any offence. S0 vikram singh was convicted as per section 8 (3) and azam khan as per section 8 (1). So Mr azam is diqualified but it does not mean ,Mr Vikram will not be disqualified.
because section 8 (3) read as:- A person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in section (1) or section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.]
#Polity GS Ppaer 2
Context:- Implementation of EWS Quota.
This article is very good from academic purpose, not for exam purpose. I will deal with those points that are relevant.
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#Governance GS Paper 2
One of the Best case study on "Collaborative approach", can be used directly in exam:-
Vasant Udyaan is a park well known for crime,waste,open defacation, Now a well knowm DDA Park.
A group of people belonging to different Resident welfare association appealed to the Lt Governor who took interest in redevelopment of the park.
Hello students, New batch for answer writing is going to start from 6 th November in the mentioned programs. Admission has been started from today on our website www.ias360.in and you can also give us a call.
Only institute where faculties( vivek sir , myself and other faculties) are preparing questions, Model answers and evaluating your copies in front of you.
#Polity GS Paper 2
Context:- Kerala Governor tweet on the exercise of Doctrine of Pleasure of Governor spark a debate. He has basically highlighted Article 164(1) that says Minister shall hold office during the pleasure of president menas he can remove the minister as per his pleasure.
Understand the Constitutional Position:-
The Foundational theory of constitutional democracy says:- Appointed governor is always subjected to the policies of elected government. Ans Constitutional provision cant be read in isolation. Article 164 (1) should be read with Article 163 (1).
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#GOVERNANCE GS Paper 2
Context:- Regulator CCI has imposed a fine of $936 cr on google for anti competitive prices in its Play store Policies.
Actually An individual has filed Anti trust case against Google where Google is imposing its own payment system on app developers. And if the app developers did not comply with Google’s policy of using Google Play’s billing system (GPBS), they would not be permitted to list their apps on the Play Store.
Also, CCI found that Google is charging (15-30%) from developers of paid apps and for in-app purchases.
Hello students, New batch for answer writing is going to start from 6 th November in the mentioned programs. Admission has been started from today on our website www.ias360.in and you can also give us a call.
Only institute where faculties( vivek sir , myself and other faculties) are preparing questions, Model answers and evaluating your copies in front of you.
Grounds for petition:-
1. Availability of Donor oocytes(In non medical terms, the oocyte is called the “egg):- It is considered fundamental for Assisted reproductive technology which is now restricted because as per the act women can be oocyte donors only once. Shortage of oocyte donors may lead to shadow market of gamets.
2. The ART act also requires oocyte donor to share aadhar number which threatens privacy.
3. Women were engaged in commercial surrogacy because other jobs like garments factory construction work is more exploitative. The voice of person acting as surrogate is absent.
4. Other petition is weather surrogacy available for those who can biologically conceive but choose not to because of health or career.And they want for surrogacy for second child only as they have first child through normal process.
2.
#Governance GS Paper 2
Context:- Petition in court against surrogacy act.
So i have talked extensively about the act earlier, today we will see what are the grounds of petition on the court??
But see the provisions of act once in below link 👇
Context:- Section 43D(2) of UAPA has been challenged. It permits the court to extend the remand of the accused by 90 days once satisfied with the report of public prosecutor.
Court said, now they will examine the extension of time period of remand based on following points:-
1. The report given by public prosecutor can be given to accused or not.
2. While granting remand, the court will see 3 things:- progress of the investigation, whether any further investigation is required to be done, and whether continued detention of the accused for further investigation is necessary.
3. Extension of remand of further 90 days OR as per the requirement of investigation
#Governance gs Paper 2
Context:- Ela Bhatt departed but her work can never be.
She started SEWA that aims at the creation of effective employment support program for women.
👉SEWA has built over four dozen institute for the poor, by the poor and to empower women.
👉 SEWA bank was also established in 1974, to provide small loans to poor, a microfinance movement.
👉 It's network includes rah picker, vegetable vendor, embroiders etc and spread over 18 states in india and also to south africa and Latin America
So we all know there is EWS reservation. But undersatnd one thing:- Our reservation system is based on two aspects:- Vertical Reservation ie Reservation for SC/ST and OBC ie socially disadvantaged groups and other is Horizontal Reservation ie Reservation to women, Disbaled etc.
So, after EWS Reservation, this economically deprived class falls under Vertical reservation criteria ,But the problem is One can be SC and EWS and OBC and EWS at the same time, so there will be overlapping.
[To ab kya kiya jae]
Policy makers are knowledgable, so this 103rd amendment explicitely removed individuals who are eligible for SC,ST, OBC reservation from the scope of EWS.
[To problem kya hai? problem hai ki faltu ki battein court me]
Exclusion of SC/ST/OBC from the scipe of EWS Quota was challenged in the courtand G Mohan Gopal has made a "Compromise Formula" befor the SC that do nt exclude SC/ST /OBC from EWS quota.
So basically on this very aspect the authors have given their understanding that the implementation of this compromise formula will fail the entire system of filling vacancy for reservation in educational institutiona and in job.That is not requitred for UPSC Students
Article 163 (1):- CoM must aid and advise the Governor. Ans Artilce 163 (2) says that Governor can act in his discretion in certain matters as permitted by the constitution.
This means that Governor is generallt bound by the decision of CoM, he can use his dicretion only if legitimate. [Undoubtedly there is a scope of micromanagement by the Governor.]
Justice HM Seervai has made a very observing point:- The constitution makers has seperately mentioned the point of discretionary power in 163 (2). They could have placed this in Article 163 (1), but not, it means Governor cannt use discretionary power in dismissal of ministers when the govt is in majority.
Important SC Case:-
Shamsher singh VS State of Punjab:- President and Governor is the custodian of all executives and other powers under various articles but they cannt discharge their powers without the advice of Council of Ministers.
Nabam Rebia vs Deputy speaker:- The governor can't discharge his functions by himself and also stressed no Function means No function on own.
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What is Anti Trust Law.?
Ans:- Antitrust laws are the broad laws that are designed to make sure businesses are competing fairly. The "trust" in antitrust refers to a group of businesses that team up or form a monopoly in order to dictate pricing in a particular market.
They ensure that fair competition exists in an open-market economy. These laws have evolved along with the market, vigilantly guarding against would-be monopolies and disruptions to the productive ebb and flow of competition.?
Which of the following statements with respect to "UNSC Counter Terrorism committee" ( UNSC CTC) is Correct:-
1. It was established after US attack on Iraq in 2003.
2. India will host UNSC CTC meeting for the second time in 2022.
Consider the following statements with respect to ' Financial Action Task Force':-
1. It was set up by G-20 countries in 1989.
2. Asia Pacific group on Money laundering is the associate members of FATF.
3. Pakistan has been removed from Grey list for the first time.
4. Turkey, Saudi Arab, Malaysia and China is the member of FATF.
Which one of the following is Incorrect:-
What is Surrogacy?
Ans:- Eggs from the mother are fertilised with the father’s/donor’s sperm and then the embryo is placed into the uterus of the surrogate, who carries the child to term and delivers it. In this case, the biological mother is still the woman whose eggs are used, while the surrogate is called the birth mother.
Features of Act:-
✅Regulation of surrogacy: The Act prohibits commercial surrogacy, but allows altruistic surrogacy. Altruistic surrogacy involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the pregnancy.
✅Purposes for which surrogacy is permitted:
(i) for intending couples who suffer from proven infertility
(ii) altruistic
(iii) not for commercial purposes; (iv) not for producing children for sale, prostitution or other forms of exploitation; and
(v) for any condition or disease specified through regulations.
✅Eligibility criteria for intending couple: The intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority.
▶️A certificate of essentiality will be issued upon fulfilment of the following conditions: (i) a certificate of proven infertility of one or both members of the intending couple from a District Medical Board; (ii) an order of parentage and custody of the surrogate child passed by a Magistrate’s court; and (iii) insurance coverage for a period of 16 months covering postpartum delivery complications for the surrogate.
✅Eligibility criteria for surrogate mother: To obtain a certificate of eligibility from the appropriate authority, the surrogate mother has to be: (i) a close relative of the intending couple; (ii) a married woman having a child of her own; (iii) 25 to 35 years old; (iv) a surrogate only once in her lifetime; and (v)
✅Appropriate authority: The central and state governments shall appoint one or more appropriate authorities within 90 days of the Bill becoming an Act. Registration of surrogacy clinics: Surrogacy clinics cannot undertake surrogacy related procedures unless they are registered by the appropriate authority.
ISSUES:-
➡️The whole surrogacy service could go underground and it would lead to increased exploitation with no mechanism for protection of any of the parties involved in the surrogacy arrangement.
➡️It could result in trafficking of surrogate mothers to foreign nations or safe surrogacy havens around the globe for monetary returns.
➡️The provision of no monetary incentive in the proposed Bill except medical expenses can make surrogacy similar to “forced labour” which is prohibited under Article-23 of the Constitution.
➡️It does not allow single women or men, or gay couples to go in for surrogacy against Article 21.
➡️The eligibility condition under the Bill amounts to unreasonable restriction on the reproductive rights of a married Indian couple, violative of Article 21 of the constitution.
1. Nepotism in appointment.
2. Board was aware of irregularities, but kept silent.
3. Public Interest Directors (PIDs) failed to keep SEBI informed about the goings-on at the NSE.
4. Focus on performance and keeping aside other traits of Good corporate governance.
What should be done by Regulator in such case:-
1. Bring in diversity in the selection of board members:- The top management must be allowed to choose not more than 50% of the independent directors. The rest must be chosen by various other stakeholders — financial institutions, banks, small shareholders, employees, etc.
2. Penalise the Directors: Regulators must penalise directors through a whole range of instruments — financial penalties, removal from boards and a permanent ban from board membership.
3. Regulate the regulators:- Periodic independent audits of all regulators by a panel of eminent persons. The audits must evaluate the regulators’ performance in relation to their objectives.