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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
2. Which of the following can be considered as limitation of GOI Act 1935:
1.Entry into the Federation was compulsory for the provinces but voluntary for the Princely States.
2.British government had retained the power to alter the rights of the individual.
3.A Federal Railway authority was constituted to keep a check on the transportation of goods by Indian Industrialist.
4.The act is the reason for separation of Burma from India.
Choose the correct code:
a)1 and 2 is correct, while 3 and 4 is incorrect
b)1, 2 and 4 is correct while 3 is incorrect
c)1 is correct while 3 and 4 is incorrect
d)All are correct
q1. Social democracy stands for a balance between:
a)Individualism and conservatism
b)Socialism and communism
c)Individual rights and social welfare
d)Democracy and communism
#Polity GS PAPER 2
Context:- Recently UP-Sarpanch in Telangana committed suicide because he took loan to meet developmental targets. But why he had taken loan: Because state is not reimbursing the bill on time and they do'nt want to wait for the money from the State.
What is the issue of Funding?
#Governance GS Paper 2
Context: Evaluation of POCSO Act.
Features of the act:
ARTICLE 163(2) Says:- "If any question arises whether any matter is or is not a matter as respects (in respect of) which the Governor is by or under this Constitution (is) required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in (to) question on the ground that he ought or ought not to have acted in his discretion."
But then, Constitution experts point out the 1966 Supreme Court judgement in Shamsher Singh vs State of Punjab in a case relating to the "personal satisfaction" of the Governor. The seven-judge bench had "unequivocally reiterated" the "settled legal position" that the President/Governor is only the constitutional head, with the real power being vested in the Council of Ministers, on whose aid and advice the President/Governor exercises his powers and functions.
It further ruled: "The satisfaction required by the Constitution is not the personal satisfaction of the President or Governor but the satisfaction of the President or Governor in the constitutional sense in the cabinet system of government, that is, the satisfaction of his Council of Ministers. In Constitutional Law, the 'functions' of the President and Governor and the 'business' of Government belong to the ministers, not to the Head of State
#Polity GS Paper 2
Context: TN Governor skipped the important paragraph while addressing the session.
Statement 1:- The word should if replaced with must , it would be wrong.
Statement 2:- you cannot enjoy right of there is no law, because it will create chaos.
Statement 3:- You will always enjoy rights no matter of you are taking other' rights. Yes if you are infringing the rights of others, law will take its own recourse.
For the last few days , there is no any significant news, so solve the MCQ:-
Which of the following are most appropriate explanations for people claiming "Rights":
1. Rights should be recognized by the Society
2. Rights must be sanctioned by theLaw
3. Rights Comes with the obligation to respect Other Rights.
I know you people are solving the MCQ of renowned institutions, so take the questions here as a challenge 😊
Also I am coming with 500 MCQ on 28 th February consisting of 400 polity and 100 questions on governance.
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.
1. Consider the following statements with respect to Bail:
1.Anticipatory bill can be granted by District court and Hight court both.
2.The court can cancel the bail at the time of ongoing interrogation, not at the time of trial.
3.Grant of bail in non-bailable offences is a judicial discretion given to the magistrate and no power is given to the police in these kinds of cases.
Which of the following code is “Incorrect”:
Ans:-
1. Gram panchayat depends on state and centre for both discretionary and non discretionary grants for day to day activities. And access to discretionary grants depends on political and bureaucratic connections.
2. An ordinate delay in transferring approved funds to panchayat account stalls local development and this in Telangana, this has forced sarpanch to use private funds for panchayat.
3. State governments often impose conditionalities on spending limits on various expenditures by panchayat.
4. Another problem is disbursal of payments requires technical approval and administrative approval from local officials such as BDO.
5. In Telangana, section 37 of telangana act allows DM to suspend sarpanch. This often led to abuse of power
1. The Act defines different forms of sexual abuse, including penetrative and non penetrative assault, as well as sexual harassment and pornography.
2. The Act deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority like a family member, police officer, teacher, or doctor.
3. The Act also casts the police in the role of child protectors during the investigative process.
4. The Act stipulates that a case of child sexual abuse must be disposed of within one year from the date the offence is reported.
Recent Amendment:-
▶️Gender neutral:- The amendment will include the death penalty in all cases of aggravated penetrative sexual assault against children, both boys and girls, below the age of 18, thus making the Act gender neutral.
▶️Definition:- The definition of ‘sexual assault’ in POCSO has been amended to include administering hormones to children expedite their sexual maturity for the purpose of commercial sexual exploitation.
▶️The existing definition covers 20 categories of penetrative sexual crimes against children and the Cabinet has approved adding sexual assault of children who are victims of calamities or natural disasters, taking it up to 21 categories.
▶️List of perpetrators:- The 21 categories under aggravated penetrative sexual assault cover child victims who have been subject to penetrative sexual assault by a police officer or a member of the armed forces or security forces, by a public servant, a relative, the staff of a jail or remand home or protection home, staff of a hospital, educational institution, or religious institution among others.
▶️More stringent punishment:- The amendments extend the punishment for aggravated penetrative sexual assault from a minimum of 10 years to a minimum of 20 years, up to a maximum of life imprisonment and even the death penalty under Section 6 of POCSO Act.
CHALLENGES:
1. No change in investigation:
a. Investigation is still guided by CrPC.
b. The POCSO act requires recording of statement by women subinspector at child's residence but not practically possible to comply with the provision because women in police force is just 10%.
2. There is a provision to record statement using audio visual means as SC has also said in Shafi Mohammad case, but there is a lack of infrastructure to ensure the integrity of electronic evidence.
3. Treatment of survivors at hospital and court:- During medical examination, survivors sometimes have to wait for hours outside the room and the room is clearly marked out as such. At court the judge is reluctant to hold an in camera hearing.
4. Issue of age determination: In POCSO act, there is no provision for age determination, and therefore police officer rely on date of birth recorded in school.
5. As per CrPCV, Time mandated to complete the investigation is two months, Focus is on completion of investigation within two months, rather than fair investigation.
6. Also crpc says if charge sheet is not filed within 90 days of the arrest of accused, the accused will be granted bail. now if chargesheet is filed within two months from the date of FIR, the accused may seek bail immediately after filling of chargesheet.
#Governance GS Paper 2
Context:- National education policy talks about integration of quality with equity. But exclusive focus on quality without keeping equity in mind will be troublesome. Why the article is saying so??
1.NEP emphasise on unitary University system rather than system of affiliation of colleges through different universities. The benefit will be same pool of teacher will teach the undergraduate student in all the college's which comes under universities.
But affiliating University offers low cost access to students from weaker sections. This Equity needs to be taken care of.
2. The second point is related to dual duration bachelor's and Bed degrees. Benefit is Student who discontinued their studies gets a certificate or diploma, so that they can complete their courses.
Problem is it may push the poor students to go for a bachelor's degree of 3 years duration rather than four because it would be cheaper for the
Why he was addressing the session:
Ans:- Article 176 of the constitution:- The Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both House assembled together and inform the Legislature of the causes of its summons.
Address under article 176 refers to policies and programs of the government which is discussed on the floor of the house after Governor address.
So, can Governor skip the paragraph?
Ans:- In this address, nothing is personal of the Governor, he can't even change the words which is given to him by the government because policies and programs is the prerogative of the government. And the government is responsible for the content of the speech not the Governor.
The supreme court in samsher singh case said, The constitution does not aim at providing a parallel administration within the state by allowing Governor to go against the advice of Council of Ministers.
What Governor is telling?
READ BELOW
Consider the following statements about "Classic Federation":-
1. Federal government enjoys only those powers that are by the agreement surrendered to it.
2. There must be an independent Supreme court as the arbiter of any dispute between union and states.
Choose the correct answer using code below:-
Who wrote the article "The Only way" and why?
A. Shubhash Chandra Bose when he formed jhansi regiment.
B. Mahatma Gandhi to have constituent assembly.
C. Pandit Nehru after the failure of cripps Mission.
D. Sardar Vallabhbhai during operation Polo.
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.