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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
Consider the following statements:-
1. Cabinet mission has endorsed the idea of two constituent assemblies for India and Pakistan.
2. A definite reference of Constituent assembly has been made by Mahatma Gandhi in 1922 after the inauguration of 1919 act.
2. Sachidanand Sinha, the oldest member was elected as temporary president of Constituent assembly, following the British precedent.
Choose the correct answer using code below:-
#Polity GS Paper 2
Context:- Remote voting Machine
Already discussed
Which of the following facts regarding Constituent Assembly is great:
1. The elephant was chosen as the Constituent Assembly's symbol.
2. The Secretary of the Constituent Assembly was S.N Sinha.
3. Nand Lal Bose and Beohar Rammanohar Sinha, beautified and adorned the original form of the constitution.
Choose the correct code:
#Polity GS Paper 2
Context:- The Apex Court in Animal Welfare Board of India v. A. Nagaraja has banned Jallikattu. In the mean time, the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 was passed, and TN ask to conserve Jallikattu as its cultural right under Article 29(1) of the Constitution which guarantees protection to cultural rights of citizens.
A Division bench of Chief Justice Dipak Misra and Justice Rohinton Nariman had felt the writ petition revolving around Jallikattu involved substantial questions relating to interpretation of the Constitution and referred the matter to the constitution bench.
There is no reason to impose “additional restrictions” on the right to free speech of Ministers, and the government is not vicariously liable for disparaging remarks made by them, even if the comments are traceable to state affairs or meant to protect the government.
Background:
In October 2017, a three-judge bench referred the matter to the constitutional bench decide various issues, which included whether a public functionary or a minister can claim freedom of speech while expressing views on sensitive matters.
Justice V. Ramasubramanian (Majority Judgement)
The Prime Minister or the Chief Minister does not have disciplinary control over the members of the Council of Ministers... in a country like ours, where there is a multi-party system and where coalition Governments are often formed.
It is not possible at all times for a Prime Minister/Chief Minister to take the whip whenever a statement is made by someone in the Council of Ministers.
Justice Nagarathna
A Minister’s statement, if traceable to any affairs of the State or for protecting the government, can be attributed vicariously to the government by invoking the principle of collective responsibility, “so long as such statement represented the view of the government too”.
Justice V. Ramasubramanian (Majority Judgement)
The “reasonable restrictions” on free speech for citizens, including Ministers and public functionaries, were “exhaustive”.
A statement made by a Minister inconsistent with the rights of a citizen may not constitute a violation of constitutional rights of the latter and become actionable as a “constitutional tort”.
Justice Nagarathna
They are required to understand and measure their words... Therefore, when such speech has the effect of infringing the fundamental right under Article 21 of another individual, it would not constitute a case which requires balancing of conflicting rights.
A “proper legal framework” was necessary before taking action as a constitutional tort
What is constitutional Tort?
A ‘constitutional tort’ is a violation of one’s constitutional rights, particularly fundamental rights, by an agent of the government, acting in his/her official capacity. A court of law can award monetary compensation to the victim in such a case.
Benefits of NMMS App:
1. This app is aimed at bringing more transparency and ensure proper monitoring of the schemes.
2. The app helps in increasing citizen oversight of the programme.
Problems with NMMS App:
1. Patchy Internet connectivity in rural areas: Despite major telecom companies catering to the remote areas of India, internet connectivity remains an issue in hilly areas and remote villages.
2. The supervisors of the worksites are expected to have a smartphone with Internet connection. According to officials from various States, there have been complaints from the mates that they are not given added incentives to pay for the smartphones or Internet connections.
3. Little or no technical support: People at the village level and even at the block level struggle to understand everything the app has to offer. So the workers have to suffer.
4. The speed of the application and the strength of the server: The upload of documents is slowed down due to the speed of the application and the strength of the server and the workers get anxious as the attendance directly affects their pay.
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
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.
As there is no important news today on 10th Jan, solve the MCQ:
India is a democratic republic because:
a) It is based on the idea of Constitutional supremacy.
b) The head of the State is elected by the people.
c) It is a representative government where the power resides with the people
d) It is based on the precedent of Mauryan Kingdom
Arguments For Jallikattu:
1. Allowing events like Jallikattu or the bull race in Maharashtra violates provisions of the Prevention of Cruelty to Animals Act-1960, which prohibits the use of animals for entertainment or display.
2. In 2014, the Supreme Court struck down the Tamil Nadu Regulation of Jallikattu Act of 2009 – a state law that permitted the event – stating that it violates the national law. “Even bulls have rights against torture,”
3. The court order was based on a report by the Animal Welfare Board of India, which found that bulls were bitten, stabbed and pulled by the tail during the taming sport. “Being dumb and helpless, they suffer in silence.
Arguments in favor of Jallikattu:
1. Native breed conservation: According to its protagonists, it is not a leisure sport available but a way to promote and preserve the native livestock.
2. Cultural significance: Jallikattu has been known to be practiced during the Tamil classical period (400-100 BCE) and finds mention in Sangam texts.
3. Agrarian Economy: The political economy of such games is about showcasing the quality of cattle, the breeding skills of cattle rearers, the centrality of cattle in an agrarian economy, and the power and pride they bring to farmers.
4. Agrarian Culture: Such games are a cultural manifestation of this political economy. As a tradition, it links an agrarian people to the elemental aspect of their vocation.
#Polity GS Paper 2
Context:— National mobile monitoring software has been launched and now from 1 st jan, digital capturing of MGNREGA Worker has been made mandatory.
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
Читать полностью…
#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