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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
#Governance and Social Justice
Context: POCSO was enacted to check sexual abuse of children, not to try the adolescents for romance and consensual sex.
The law is used by family to guard family honour by objecting to the consensual sex and resulting into conviction of boy child and making girl child voiceless. Secondly it is resulting into unsafe abortions as girls are not going for medical services because of police .
Court:
Vijayalakshmi V. State Rep: Madras HC said adolescent romance is developmental marker.
UN Committee on Rights of child:- State should make balance between protection and exploitation of child.
So now prelims test series is going to start at IAS 360 where alongwith test, you will get mentorship fir each subject. Admission has been already started today 😊
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1. MoP starts with the recommendation of the High Court Collegium to the center for the appointment of other judges. The Chief Justice of the High Court(HC) heads the collegium.
2. Once the center receives recommendations, it asks for the opinion of state governments and the input from the Intelligence Bureau (IB).
3. The government then forwards the files, along with the IB inputs to the Supreme Court collegium.
4. If the Supreme Court collegium clears the names, the files return to the central government. It then either notifies the appointments or sends them back with objections or its views.
5. At this stage, the Supreme court collegium can seek additional inputs on the government’s opinion. Accordingly, it can either reject or reiterate the proposal.
6. If the collegium reiterates its decision, then, under the MoP, the government is bound to notify the appointments.
7. However, the MoP does not specify a timeframe for the central government to act on a collegium decision.
#Polity GS Paper 2
Context:- Collegium system is again questioned by the government and because of this what is happening :- Government is not clearing the name sent by the collegium and government is telling SC has rejected 25% names recommended by High court for judgeship.
Understand the issue in detail
#Polity GS Paper 2
Context:- An amendment to Multi state cooperative act 2002 has been introduced which is considered as centralization of power by the center.
READ THE AMENDMENT BILL
A new program for answer writing has been started. You can join to improve your marks and one to one interaction with Vivek sir and me.
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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.
#Polity GS Paper 2
Context: Rising court cases requires out of box solution:-
1. Extension of the term of retired HC and SC judges so that they can look into Special leave petition cases, which is a major source of backlog in the court.
2. Cultivate online justice system,
3. Employ Mediation.
The subject " Marriage and divorce" is mentioned in:-
a. State list
b. union list
c. Concurrent list
d. Residuary power
The Collegium system in India also called “Judges- selecting- Judges”, is the system by which the judges are appointed and transferred only by the judges. The system has evolved by means of the judgments of the Supreme Court, and not by an Act of Parliament or by a Constitutional provision.
Third Judges case:- The court evolved the principle of judicial independence. This meant that no other branch of the state (legislature and executive) can interfere with the appointment of judges. It is with this principle in mind that the SC introduced the collegium system.
👉The government through the 99th constitutional amendment wanted to replace the collegium with the NJAC. The NJAC comprised of 3 judges of SC, a central law minister, and 2 civil society experts.
👉A person would not be recommended by NJAC if any 2 of its members did not accept such a recommendation = making the appointment process more broad-based.
However, it was struck down by the Supreme Court in 2015 in the Fourth Judges Case.
However, due to the widespread criticisms against the collegium, the judgement promised to consider necessary measures to improve the collegium system. For this purpose, the SC required the government to submit the Memorandum of Procedure (MoP).
What is MoP?
ANSWER:- The MoP evolved based on three SC decisions – the First Judges Case (1981), Second Judges Case (1993), and the Third Judges Case (1998).
In 2016, the MoP re-negotiations took place following the Supreme Court’s decision to strike down the National Judicial Appointments Commission(NJAC).
👉Election of board members: Under the Act, elections to the board of a multi-state co-operative society are conducted by its existing board. The Bill amends this to specify that the central government will establish the Co-operative Election Authority to: (i) conduct such elections
👉Fund for sick co-operative societies: The Bill establishes the Co-operative Rehabilitation, Reconstruction and Development Fund for revival of sick multi-state co-operative societies.
👉Specified co-operative societies: Under the Act, the central government may give directions and supersede the boards of specified multi-state co-operative societies. These are those multi-state co-operative societies where the central government has a shareholding of at least 51%. The Bill amends this definition to include any multi-state co-operative society where the government has any shareholding, or has extended any loan, financial assistance, or guarantee.
👉Increasing penalties:- The Bill adds that the failure to file any return or information will also be an offence. The fine for all these offences will extend from Rs 5,000 to one lakh rupees.
#Polity GS Paper 2
Context:- Infrastructure is important for judiciary.
Why judicial infrastructure matters?
Judicial infrastructure includes the physical premises of courts, tribunals, lawyers’ chambers, and so on. It also involves the digital and human resources infrastructure, including the availability of all the resources that are essential to ensure timely dispensation of justice.
The Supreme Court-constituted National Court Management System (NCMS) says that there is a direct connection between physical infrastructure, personnel infrastructure, digital infrastructure, and pendency.
Why judicial infrastructure is lagging?
1. Even after more than seven decades of independence, the budgetary allocations, including states, are still below 1 percent of the GDP.
2. Underutilisation of funds
3. As per the Centrally sponsored schemes terms and conditions, states have to contribute 40 percent matching grant and most states fail to fulfil this commitment
#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.