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This channel explains daily editorial covering indian express, Hindustan Times, Livemint and Hindu. You can reach to me for any query at @saurabhGSPaper2
#Polity
Context:- Kangaroo court
It is “an unofficial court held by a group of people in order to try someone regarded, especially without good evidence.
In a less literal sense, it is used to refer to proceedings or activities where a judgement is made in a manner that is unfair, biased, and lacks legitimacy.
#Polity GS paper 2
Context:- There is no uniform law for granting Parole and Furlough . In Prisoner act, it is written in section 59 that state can have their own rules for granting parole and furlough.
Context:- The name, image and voice of Amitabh Bachan is being used by advertising agencies which is against the personality Right of Amitabh Bachan. The question arises what is Personality Rights?
Ans: The right mean two things:
1. Right to keep image from being commercially exploited. Similar to trademark
2. Right to Privacy means no one can use the personality without his/her permission
1. In a criminal case trial starts by framing the charges against the accused, then evidence is given by the prosecution, then evidence of for defence, then there is an examination of witness by the prosecution, and by the accused lawyer, then final arguments by the prosecution and defendants and then judgement is delivered. In the whole process the time taken is up to 5 years minimum by the court which may extend to 10 years. In between the trail there are summons issued to the witnesses which also takes time. and the advocates takes adjournment in the case for a very long time just to delay the trial.
2. Suppose the judgment is delivered by the district court than appeal lies in the session court under chapter 29 of the code of criminal procedure 1973 in case of criminal case, and under section 96 of code of civil procedure. Than appeal lies in high court under appellate jurisdiction of high court ( article 227 of the Indian constitution), than in the supreme court of India under special leave to appeal (article 136 of the Indian constitution). There is a need for the court to determine that only on reasonable grounds appeals are allowed. Almost in 7 cases out of 10 cases appeals are dismissed because of the grounds on which they are appealed.
3. Some advocates charge on the basis of per hearing of a case, so that trial the case for years so that they can take money from the clients for years and years, no advocate is thinking about the litigation pendency and Justice.
4. The scope of PIL is so vast that a letter can also considered as a PIL many people misuse as PIL they file PIL in High Court for the monetary benefit and popularity in the society.
Suggestion:-
1. Increase the number of working days for the judiciary.
2. The creation of a specialised Indian Courts and Tribunal Service (ICTS) to deal with the administrative aspects of the system.
3. The deployment of technology.
#Polity GS Paper 2
Context:- Right to propagate religion dos not include right to convert.
Actually it has been observed that in the name of propagation, a group of people is involved in conversion and also people from Hindu religion is converted to Islam only for polygamy.
SC:-
In Vilayat Raj vs Smt. Sunita it was observed by the court that if both the parties to the marriage were Hindu at the time of marriage , pre-nupital law i.e. Hindu Marriage Act applied even after conversion in Islam.
In Lilly Thomas vs Union of India it was observed that an apostate husband is guilty of bigamy U/S 494 of IPC if he marriage another woman after converting into Islam.
People for Ethical Treatment of Animals Vs. Union of India:- Any film meant for public viewing, in which an animal is used and/or filmed, has to obtain a certificate from the Animal Welfare Board of India, stating that the provisions of the Performing Animals (Registration) Rules, 2001 have been duly met.
State of UP Vs Mustakeem:- Custody of animals, in cases of cruelty, shall not be given to the accused but to the nearest gaushala or pinjrapole,
Gauri Maulehi VS UOI:- In 2014, the Hon’be Supreme Court banned the illegal transport of cattle to Nepal for the Gadhimai festival, which played an important role in bringing down the number of animals sacrificed that year.
Nair vs UOI:- court declared that animals suffer cruelty as they are abused and caged to make them perform, and therefore, this contravenes the PCA Act, 1960. It also dismissed the argument that the petitioners’ right to carry out any trade or business under article 19(g) of the Indian Constitution was violated as those activities that caused pain and suffering to the aforementioned animals would not be allowed.
Animal welfare board of India VS A Nagaraja:- Bulls cannot be performing animals. Jallikattu and other animal races and fights are prohibited
CRUX OF THE BORDER DISPUTE BETWEN ASSAM AND MEGHALAYA
Meghalaya was carved out of Assam under the Assam Reorganisation Act, 1971.
The Act was not accepted unanimously and people challenged its provision, thus leading to conflict.
DETAILING:-
1. A major point of contention between Assam and Meghalaya is the district of Langpih in West Garo Hills that borders the Kamrup district of Assam.
Langpih was part of the Kamrup district during the British colonial period, but post-Independence, it became part of the Garo Hills and Meghalaya.
2. Assam considers it to be part of the Mikir Hills in Assam. Meghalaya has questioned Blocks I and II of the Mikir Hills -now Karbi Anglong region – being part of Assam.
3. According to Meghalaya, these were parts of erstwhile United Khasi and Jaintia Hills districts.
MEDIATION BY HOME MINISTER:-
1. Among the 12 dispute points, six had been selected for resolution in the first phase.
2. Assam and Meghalaya had formed three regional committees each to inspect the disputed areas and record the views of the local residents.
3. The committee will look into the issues from different principles like historical facts of a disputed sector, ethnicity, administrative convenience, willingness of people and contiguity of land preferably with natural boundaries such as rivers, streams and rocks.
1. In the matter of public importance like disclosure of covid related files, or phone tapping order, the commission said better to ask ministry of these information.
2. CIC refused to hear internet freedom foundation when home ministry refused to disclose the information on tapping order.
3. Same with disclosure of non performing asset and defaulter of cooperative bank.
Facts and Figures:-
➡️According to "The state of food security and nutrition in the world" Report, India accounts for 28% of the world's stunted ( low height for age) children and 43% of wasted ( low weight for height) children
➡️Keeping this in mind, India has launched National Nutrition mission that aims to reduce stunting,underweight and low birth weight by 2022.
Can India achieve its target?? Yes if focus on:-----
✍️ Focus should be on mother education especially higher education has multiplier effect on child feeding practise and sanitation facilities.
✍️ Focus on WASH initiative that is safe drinking water, sanitation and hygiene.
✍️ Leveraging agricultural policies and focus on diversification of diet basket.
✍️ Promotion of exclusive breast feeding and introduction of diverse diets after the six months which is essential to meet the nutritional needs of infants.
Thus the need is to address multidimensional determinants of malnutrition on the urgent basis.
Features:-
Right of Individual:-
1. Right to information.
2. Right to consent.
3. Right to erase/.
4. Right to nominate:- Data principals will also have the right to nominate an individual who will exercise these rights in the event of their death or incapacity.
The Bill also proposes to set up a Data Protection Board to ensure compliance with the Bill.In case of an unsatisfactory response from the Data Fiduciary, the consumers can file a complaint to the Data Protection Board.
The penalties will be imposed ranging from Rs. 50 crores to Rs. 500 crores.
Issues with the bill:-
1. The bill permits exemption to private sector as date can be shared with them also.
2. The Centre has been empowered to exempt its agencies from adhering to provisions of the Bill in the interest of sovereignty and integrity of India, security of the state, friendly relations with foreign states, maintenance of public order or preventing incitement to any cognisable offence.
#Polity GS PAPER 2
Context:- Independence of EC is questioned by Justice Kurian on the pretext of chopping down the tenure of CEC and Other EC from 8 years in 1950's to less than 1 year especially after 2004
If you will see Transaction of Business rule 1991 and EC (Conditions of service of EC) the term of CEC and EC IS 6 YEARS OR till the age of 65, but a disturbing trend is now person is not appointed for 6 years. then what is the use of tenure as decided in the act.
SC Judge has also said that under article 324, removal by the way of impeachment is also of not any use because you are appointing them for few days as per your convenience (Impeachment ki jarurat hi nahi pad rahi hai, indirectly hata le rahe ho)
First understand what has been done through this amendment:
1. Now loss making domestic companies can also contribute.
2. Earlier Foreign companies where the controlling stake was held by a foreign company could not contribute, now they can.
1. ADR Challenges the Electoral bond as unconstitutional because it is creating anonymity and opaqueness in the system of political funding.
2. By virtue of the 2017 amendment made to Section 29C of the Representation of Peoples Act 1951(RPA), political parties need not report to ECI the donation received through electoral bond. The ECI has described this a "retrograde step as far as transparency of donations is concerned" and called for withdrawal of the amendment.
3. The amendments made to Companies Act 2013 were also flagged by the ECI. The amendment to Section 182 of the Act took away the restriction that contribution can be made only to the extent of 7.5% of net average profit of three preceding financial years, enabling even newly incorporated companies to donate
4. Also, the amendment to Section 182(3) abolished the provision that companies should declare their political contributions in their profit and loss accounts.
If you want to know more about electoral bond, Read below
#Governance GS Paper 2
The article talks about new personal data protection bill, but we will not talk about this right now as this news will mature in coming days. Today we will see about Data protection regime across the world.
EU:- The law here is General data protection regime with sub laws like Digital service act and digital market act. DSA focus on issue like regulating hate speech, counterfeit goods etc and DMA is checking on that no one should exploit the market ie To check anti competitive practices.
USA:- The approach towards data protection is different for private and public sectors. Privacy is addressed by Privacy act and there are some sector specific norms.
China:- The law is Data security law, requires Business data will be categorised by the level of importance and government will have overarching power to collect data.
What is Parole?
Ans:- Parole is the release of a prisoner, either temporarily for a special purpose or completely before the expiry of a sentence, on the promise of good behaviour.
The grant of parole is governed by rules made under Prison Act, 1894 and Prison Act, 1900. It is also governed by State Rule example:- The Prisons (Bombay Furlough and Parole) Rules, 1959, enacted under Prison Act.
PAROLE IS NOT COVERED BY CRIMINAL PROCEDURE CODE, 1973
Furlough vs Parole
Furlough is granted as a matter of right to prisoners. Its main objective is to break the monotony of imprisonment and allow the inmate to maintain contact with the outside world.
Hence, it is not necessary for the granting authority :- (The Deputy Inspector General of Prisons) to study or note reasons for granting furlough. It is granted to convicts serving long imprisonment.
Parole, by contrast, is not seen as a matter of right. It is given to a prisoner for a specific reason like the death of a relative or to attend the marriage of a family member, and is subject to the prisoner’s behaviour.
The granting authority for parole is the deputy home secretary of the state government. In some states, the application for parole along with a police report on the applicant is forwarded to the district magistrate, who, in consultation with the state government, either rejects or accepts the request.
Both parole and furlough can be denied if the competent authority is of the opinion that releasing the inmate would not be in the interest of society.
Hello student, A new program for mains answer writing is going to start on 4 th December. This one will be the last batch for 2023, so grab the opportunity.
(Only institute where faculty is checking copy in front of you)
#GOVERNANCE GS PAPER 2
Context:- Environment and road safety is interlinked. A very new dimension (MUST READ)
HOW THEY ARE INTERLINKED?
Ans:-
1. A study in Amsterdam reveals lowering the speed limit by 20 km/hr (From 100 km/r reduces PM by 25%.
2.
Hello student, A new program for mains answer writing is going to start on 4 th December. This one will be the last batch for 2023, so grab the opportunity.
(Only institute where faculty is checking copy in front of you)
#Polity GS Paper 2
Context:- Doubling the court strength will not ease pendency , because our system is poor, system here means procedure of adjournment of cases, infrastructure, court management, and pity issues is also lingering in the court because we have failed to establish strong lok adalat.
Why there is a pendency because of the system?
#Indian society GS Paper 2
Context:- Even after having strict law ie Protection of women from domestic violence act, according to NFHS, about 32% of married women had experienced emotional, physical and sexual violence committed by husband.
But the more worrisome situation is only 14% of women had asked for help.
WHY?
1. Family pressure to accommodate husband needs.
2. Women don't want to add burden on her parents.
3. Police is a part of problem rather than solution as police is likely to send women back to violent households to manage the situation
#Indian society GS Paper 1
Context:- Petition in the court to legalise same sex marriage and remove the word male/female, husband/wife from section 4 of special marriage act as it puts limitation on person looking for same sex marriage. Also in Nalsa judgement Court has recognised that non binary individuals also have right to enjoy Fundamental rights.
In this context, i want to add information:-
Although same-sex and queer marriages are not legally recognised, India does not lack judicial support for such alliances.
The Madurai Bench of the High Court of Madras employed a beneficial and purposive interpretation in Arun kumar vs Inspector general of registration holding that the term “bride” under the Hindu Marriage Act, 1955, includes transwomen and intersex persons who identify as women. As a result, under the Act, a marriage solemnised between a male and a transwoman who professes the Hindu faith is recognised as a legitimate marriage.
#Governance GS Paper 2
Context:- Draft law on Prevention of cruelty to animals. However from exam point of view this is not important and also this is in draft stage.
So we will know about the court on Cruelty of animals.
#Governance GS Paper 2
Context:- CIC is not doing its function properly.
The mandate of CIC is to decide whether to disclose the information or not. We all know CIC OR SIC come into play during second appeal, When there is no reply within 3o days from PIO, then you make first appeal before department and then second appeal to Information commissioner SIC in case of state and CIC in case of Centre.
Good work by CIC:-
1.Passed order to bring political parties under RTI.
2. Order the disclosure of PM educational qualification.
3. Order to RBI for the disclosure of wilful defaulter .
But Now CIC has become walking dead institution:-
read below
#Governance GS Paper 2
The Nutrition issue has been discussed more than 15 times here.
#Governance GS Paper 2
Context:- Digital personal data protection bill is providing for state surveillance.
Purpose of the bill:- The purpose of this Bill is to provide for the processing of digital personal data in a manner that recognises the right of individuals to protect their personal data, the need to process personal data for lawful purposes and for other incidental purposes.
#Polity GS Paper 2
Context:- The petitions were filed in 2017 challenging the provisions of Finance Act 2017 which paved the way for anonymous electoral bonds. The Finance Act 2017 introduced amendments in Reserve Bank of India Act, Companies Act, Income Tax Act, Representation of Peoples Act and Foreign Contributions Regulation act.
#Polity gs paper 2
Context:- Review of quasi judicial bodies related to land, tenancy, excise etc.
Issues with quasi judicial bodies related to Land:+
1. These bodies are having official having many other functions to perform like law and order, protocol, coordination along with judicial activity.
2. Offices are understaffed.
3. The access to the court clerks and record keeper is limited.
4. Lack of adequate supervision and ownership.
Suggestions:-
1. Collection of data on functioning of these agencies is needed.
2. Electronic platform should be established to handle all ancillary works related to administration of justice.
3. Research on functioning of these bodies
4. Training
5. Procedural reforms such as minimising adjournment, mandatory filling of written argument should be adopted.