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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
Which of the following needs an amendment to introduce Remote voting mechanism:
1. The Representation of the People Act
2. The Conduct of Election Rules
3. The Registration of Electors Rules
Choose the incorrect one:
#Polity GS Paper 2
Context:- Remote voting Machine (RCM) for migrant.
Which one of the following statements can be associated with the concept of rights:-
(a) One's realisation of one's best self must involve as its logical result the realisation by others of their best selves
(b) Adequate opportunities must be laid open to all
(c) One is entitled to all those conditions of social life without which no man can seek in general to be himself at his best
(d) The very difference in the nature of men requires mechanisms for the ex- pression of their wills that is given to each its due hearing
An emmigration bill 2021 is tabled in Parliament to reform the recruitment process for nationals seeking employment abroad.
we will look into its features and tries to highlight that how much reform the bill can provide for the same.
Why such bill is the need of hour?
Ans:- Serious exploitative practices which include large recruitment charges, contract substitution, deception, retention of passports, non-payment or underpayment of wages, poor living conditions, discrimination and other forms of ill-treatment has been noticed.
What is in the bill?
Ans:-
➡️ It launches a new emigration policy division, establishes help desks and welfare committees, to conduct pre-departure briefings for migrants, and increases accountability of brokers and other intermediaries who are also involved in labour hiring.
➡️The draft Bill seeks to create two authorities: (i) the Bureau of Emigration Policy and Planning (BEPP), and (ii) the Bureau of Emigration Administration (BEA).
1. The functions of BEPP will consist of preparing policies on matters related to welfare of emigrants; negotiating labour and social security agreements with destination countries.
2. The functions of BEA will consist of maintaining a database of Indian emigrants, and implementing measures and programmes for welfare of emigrants.
➡️Nodal committees in states and union territories (UTs): Their functions include: (i) initiating action to prosecute entities involved in trafficking of persons, and (ii) undertaking pre-departure orientation programmes and skill upgradation programmes for prospective emigrants.
➡️Human resources agencies: These are agencies engaged in recruitment for an employer. These agencies must be registered by a competent authority. The certificate of registration will be valid for five years and may be cancelled on various grounds. Appeal against decisions of the competent authority with regard to registration of these agencies will lie with the central government
➡️Accreditation of employers: Any employer who intends to recruit an emigrant must apply for accreditation with the competent authority. Such accreditation will be valid for a period of five years.
ISSUES IN THE BILL:-
1. Bill permits manpower agencies to charge workers’ service fees, and even allows agents to set their own limits. It is against the principle of ILO convention 181, which says it is the employer not the worker who will pay recriutment cost.
2.It permits government authorities to punish workers by cancelling or suspending their passports and imposing fines up to ₹50,000 for violating any of the Bill’s provisions. When enforced, it can be used as a tool to crackdown on workers who migrate through unregistered brokers or via irregular arrangements such as on tourist visas.
BUT I DONT CONSIDER THIS AS ISSUE, Why to go on tourist visa and work in another country? (Personal view)
3. The bill does not talk about how to increase women participation in international labour migrant.
https://www.youtube.com/watch?v=tY16zk4C8uY&list=PL5x4_V4S_hNk9pnkubF1sL4oSBkTlHATe&index=12
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#Polity GS Paper 2
Context:- Understand Ambedkar democracy from the perspective of Morality.
His moral democracy is rooted in Buddhist policies. Ambedkar divides morality as social and constitutional morality. Social morality is developed through interaction and mutual recognition of Human beings but this is not possible in India because of caste system. Constitutional morality is prerequisite for maintaining democracy.
His idea of moral democracy must also be studied through the lens of Particularism (where one group advances interest without the regard of another group).
Thus he talked about morality be rooted in constitutional ideas
#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
Why RVM?
ANS:- voters who are absent from their home locations on the day of polling, even if they wish to vote, are unable to travel to vote due to various reasons.” This means that there is a large chunk of the population which is denied its franchise due to exigencies of work or lack of resources to travel. This goes directly against the EC’s “No voter left behind” goal.
What is this?
ANS:- Remote voting may take place in person somewhere other than an assigned polling station or at another time, or votes may be sent by post or cast by an appointed proxy.
HOW IT WILL WORK?
Ans:-
The unique feature of RVMs is that a single Remote Ballot Unit (RBU) will be able to cater to multiple constituencies (as many as 72) by using a “dynamic ballot display board” instead of the usual printed paper ballot sheet on EVMs. The Ballot Unit Overlay Display (BUOD) will show the requisite candidates based on the constituency number read on the voter’s Constituency card. A barcode scanning system will be used to read these cards.
The voting process will be as follows:
1. After verifying a voter’s identity, their constituency card will be read with a public display showing the constituency details and candidates.
2. This will also be displayed privately, on the BUOD in the RVM’s RBU.
3. The voter will then vote and each vote will be stored constituency-wise in the control unit of the voting machine.
ISSUES:
1. First, migrants are not a uniform and defined class. EC needs to answer this question: Are all migrant voters eligible? What is the duration that a migrant has to stay outside home to qualify?
2. There is a dependency on voters having a reliable internet connection. Internet penetration and availability and use of e-government services in some countries are limited.
3. Technology-based voting systems may also entail privacy risks and concerns.
4. Remote voting can theoretically provide an added edge to bigger parties and richer candidates who can campaign across the constituency and beyond.
#Polity GS Paper 2
Context:- State intervention in the management of temple and now the govt call for freeing the temple from state control.
The control over temple started in 1927 when justice party enacted the Madras Hindu religious endowment act.
Then in 1950, Tamil Nadu Hindu Religious and Charitable Endowments Department was enacted, but its constitutional validity was challenged before SC and the court in Shirur math case, upheld the law. Using the law, in 2008, person from backward class was appointed as priest in temple.
The commission chaired by Ramaswami Aiyar(constituted by government) held that government control over temples was essential to prevent maladministration.
Now read below
#Governance GS Paper 2
Context:- Migrant plight
ILO has released World Migration report and findings are:
1. There are 281 million international migrants with nearly 2/3rd labour migrants.
2. Share of south Asia in this migrant pool is 40%.
3. Migration is not uniform and depends on demographic , economic and geographical factor.
India and Migration issues:
1. Around 300 Indian engineers from TN were trafficked to Myanmar to work for a crypto scam.
2. Nurses are being trafficked for fake job offers.
Other problems of Migrants:
1. Kafala system in west Asia is of exploitative nature.
2. Irregular payment, poor working conditions, negation of labor rights.
3. Absence of grievance redressal.
4. India governs the migration through Emigration act 1983, which needs updation.
#Polity GS Paper 2
Context:- Ongoing tussle between Lt governor and delhi govt.
The recent tussle is related to the implementation of 2016 order of commitee on Conte t regulation in govt advertising.
Actually based on SC Case common cause vs uoi, the govt has constituted the committee to regulate the content of central and state government advertisements in àll media platforms.
Guidelines include that the government should maintain political neutrality and avoid glorification of political personalities.
Lt governor is asking to implement this 2016 order.
#Polity GS Paper 2
watch the video explanation of this editorial
#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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