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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 GS Paper 2
Context: Government formed a committee to examine the way out of hanging the convicts as EU and other nations have always criticised India for capital punishment as violation of Human Rights.
https://www.youtube.com/watch?v=f2KFk5l8TGk&list=PL7Nkpcu_k2VLUNUFE61KdeY-eMWA1MS4u&index=7
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Article 200: When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President:
Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill.
It is important that Governor should follow Constitutional Punctuality as SC in Shamsher singh case said: Discretion of Governor is limited and even in such case shall act in manner that is not detrimental to the interest of the state.
#Polity GS Paper 2
Context: SC Says it will use the power under Article 142 to grant divorce without waiting for 6-18 months long process where separation between them cant be avoided.
ARTICLE 142: empowers the Supreme Court’s verdicts and rulings to be enforced. It stipulates that in the performance of its jurisdiction, the top court may issue any verdict or order necessary to provide “complete justice” in just about any case before it.
This discretionary power is to be exercised to do ‘complete justice’ to the parties, wherein this court is satisfied that the facts established show that the marriage has completely failed and there is no possibility that the parties will cohabit together, and continuation of the formal legal relationship is unjustified
Consider the following statements regarding Eklavya Model residential School:
1. It is a scheme for making model residential schools in areas inhabited by schedule caste and tribes.
2. As per the government guidelines, every block with more than 50% ST population and at least 20,000 tribal persons, will have an Eklavya Model Residential School.
Choose the correct answer using code below:
Considering “Price control” as important for economy, which one of the following is correct:
a) It is under executive, not under the constitution.
b) Price control is under Concurrent list.
c) It is under the responsibility of Centre since it comes under Union list
d) It is the responsibility of State as Price control is under State list.
#Polity GS Paper 2
Context: What is the argument of State concerning Same sex marriage.
1. Marriage between man and women is recognised by all the religion. Even Special marriage act originates from personal law.
2. State has legitimate interest in regulating personal relationship. State has regualted teh age of marriage, prohibition of bigamy and one cant marry parents, grandparents etc, separation and divorce. Thius state should regulate Same. sex marriage.
3. Sexual autonomy is the part of privacy State agrees, but same sex relation has public element.
4. Court venturing into same sex marriage is an unknown area for the court just like US SC intervenes into the issue of Abortion.
5. It is not possible for the court to interpret Special marriage act without tuching personal laws..
#Governance GS Paper 2
Context: The Delhi govt has been asked by the court to File FIR against Brij Bhushan singh, Former president of Wrestling federation . Actually there is an allegation on her related to sexual harrasment of wrestlers. Thus the Law Sexual harrashment at workplace becomes important to understand.
Consider the following statements regarding “Judiciary”:
1. Parliament decides the salaries of both SC and HC Judges.
2. The salary of CJI and Judges of SC is different.
3. Pension of the HC Judges is charged on Consolidated Fund of India.
4. Salaries of HC Judges are charged on the Consolidated Fund of State.
Choose the Correct Code:
Which of the following related to Magna Carta is correct:
1. It laid the principle of Balance of Power between Governed and Government.
2. For the first time, it laid the steps towards Parliamentary system of Government.
Choose the correct one:
1. Consider the following Statement with respect to “Public Services”. Which one of the following is Correct:
1. Rules and regulations regarding Service Conditions of Public Servants can be notified by the President and Governor.
2. “Reasonable opportunity” of being heard is not available to Public Servants in case of criminal charges.
Choose the Correct Code:
Supreme Court’s landmark decision in Shafin Jahan vs. Asokan K.M. (2018), wherein it had declared an adult’s right to marry a person of choice as an indispensable part of personal liberty and privacy.
Allahabad High Court had declared that Section 5 of Special Marriage Act, which requires parties to give a 30-day public notice of their intention to marry, as not mandatory, in order to protect their fundamental rights of liberty and privacy. The High Court found that the couple in this case had taken the route of religious conversion, in order to avoid the 30-day waiting period under the SMA, and the risk to their privacy and dignity.
Custodial deaths are events of the demise of persons who are detained by police during pretrial or after conviction. Custodial deaths can be broadly classified into three types –
👉Death in police custody;
👉Death in judicial custody; and
👉Death in custody of army or paramilitary force.
Why there is rising custodial death?
Ans:- Every year 100 custodial death between 2010-2021 as per NCRB.
1. To extract a confession.
2. Burden on police of maintaining law and order and investigation both.
What are the guidelines in this regard?
Ans:-
1. To reduce the number of arrest:-
The SC in Arnesh kr vs state of Bihar held that , Arrest is not mandatory even if the offence is non bailable relating to the torture for dowry.
2. The SC in Special action forum vs UOI in 2018 said, police officer shall furnish to the magistrate the reasons and materials which necessitated the arrest for further detention of the accused.
3. Dk basu guidelines:- SC laid down guidelines that one can Inform to the friends , family about arrest and permit the accused to talk to the lawyer.
What is to be done?
Ans:-
1. Separate law and investigation as per directives in Prakash Singh case
2. Increase the number of civil force.
3. More CCTV camera to be installed to cover large area ( Paramvir Singh vs Baljit Singh case)
Conclusion:- Police modernization with necessary reforms is required, where state need to play an active role as law and order is state subject. The police officer must know that their mandate is to protect human rights and not violate them.
Undertrial: An undertrial is a person who is currently on trial or who is imprisoned on remand whilst awaiting trial or a person who is on a trial in a court of law.
According to National Crime Record Bureau (NCRB), 77% were undertrials in 2021.
Section 436A states that when an person has (during investigation/trial under the CrPC for an offence other than for which punishment of death has been specified) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence, the person shall be released by the Court on a personal bond.
Section 167 states that undertrial prisoners have the indefeasible right to be released on default bail (even for non-bailable offences), when their judicial custody exceeds 90/60 days, but no charge sheet has been filed by the police.
But it is not being followed.
2. Remission
In remission, the nature of the sentence remains untouched, while the duration is reduced i.e., the rest of the sentence need not be undergone.
The effect of the remission is that the prisoner is given a certain date on which he shall be released and in the eyes of the law he would be a free man.
However Remission is granted to convict only but now Undertrials will also get remission, in Delhi
#Polity GS Paper 2
Context: Language in Judiciary
Article 348(1)(a) states that unless Parliament by law provides, otherwise, all proceedings before the Supreme Court and in every High Court shall be conducted in English.
Article 348(2) provides, the Governor of a state may, with the previous consent of the President, authorise the use of Hindi or any other language used for any official purpose, in proceedings in the High Court.
States of Uttar Pradesh, Bihar, Rajasthan and Madhya Pradesh have already authorised the use of Hindi in proceedings before their respective high courts and taking a cue, Tamil Nadu is also working in that direction – to authorise the use of Tamil before its high court.
Afzal Ansari has been disqualified under section 8 (3) of RPA. The same clause under which Rahul Gandhi was disqualified. so watch the following video
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#Polity GS Paper 2
Context: Tamil Nadu brought a resolution on time frame within which Governor is required to give assent on bill. Actually Governor in TN sat on 13 bills thus not giving assent to bill. As article 200 does not prescribe any time for governor to give assent.
5. Consider the following statements regarding Denotified tribes:
1. Ministry of social justice and empowerment has launched the Scheme for Economic Empowerment of Denotified tribes for providing good coaching quality.
2. The Renke commission has been constituted in 2011 to review the legal mandate of Denotified tribes.
Choose the correct answer using code below:
3. Consider the following Statements with respect to “Inter State water dispute”:
1. The first water dispute Tribunal is for Krishna and Mahanadi respectively.
2. A River board can be established by the central Government even without the consent of the State Government
3. SC can issue Mandamus to the Central Government to carry out obligations under Article 262.
Choose the Correct Code:
Consider the following statements, with reference to Indian federalism:
1. Only the central government can make laws only on the subjects mentioned in the Union list.
2. Only state governments can make laws on the subjects mentioned in the state list.
3. Central and state governments both can make laws on ‘residuary’ subjects.
Which of the statements given above is/are incorrect?
https://indianexpress.com/article/cities/bangalore/surrogacy-case-karnataka-hc-triple-test-parents-8580519/
#Social Justice GS Paper 2
The Karnataka High Court has developed three criteria to evaluate requests from couples seeking to have a child through altruistic surrogacy.
The court has also recommended revisions to the Surrogacy (Regulation) Act, which currently forbids men over the age of 55 from using surrogacy, to address minor flaws.
The High Court has created three tests — genetic, physical, and economic — for the petitioner-husband to meet in order to be eligible for surrogacy fatherhood.
GENETIC TEST: As men's sperm health declines with age, the court ruled the husband must take a genetic test to prevent any disorders in the future child.
PHYSICAL TEST: physical evaluation to ensure they are physically capable of managing
the child.
ECONOMIC TEST: economy test by disclosing their financial assets and liabilities to the authorities. This is to ensure that the couple is financially stable enough to provide for the child's future.
This Act aimed to provide every woman, irrespective of her age or employment status, a safe and secure working environment free from all forms of harassment.
▶️This Act covered both the organized and unorganized sectors in India.
▶️The Act provided for the establishment of an Internal Complaints Committee (ICC) at each and every office or branches of the organization employing 10 or more employees.
▶️It also provided for the establishment of a local complaints committee (LCC) at the district level by the Government where the ICC has not been constituted for the reason being, it having less than 10 employees.
Concerns:-
1. Lack of initiative on the part of government authorities to monitor the implementation and enforce the law.
2. The government at the State level has not even bothered to appoint district officers or local committees under the 2013 Act.
3. There are no appointments of nodal officers or internal complaints committees in certain offices.
4. There has been no move to ensure the reporting and collection of annual compliance reports from workplaces.
5. 70% of the women do not report sexual harassment by superiors because of fear of repurcussions.
6. Cases that remain pending in court for a long time enhances the agony of victims.
7. The act does not contain provisions for anonymous complaints.
Consider the following statements regarding City Data for India Initiative:
1. It is a major program of Tata Trusts in partnership with UN Habitat.
2. It aims to help the participating cities to achieve World council on city data certification.
3. Jamshedpur, and Pune is the first cities to achieve World council on city data certification.
Choose the correct answer using code below:
Consider the following statements with respect to “Overseas citizen of India”:
1. Any person who is a citizen of another country but eligible to become citizen of India at the time of commencement of the constitution.
2. Any person who is a citizen of any country but belonged to the territory that became part of India after 15th August 1947.
3. He is not eligible to enjoy equality in the matter of public employment.
Choose the Correct Code:
1. Consider the following statements with respect to Indian council Act 1909:
1. The members for the first time got an opportunity to oppose the executives.
2. The bulk of provincial council members were official.
3. Foreign policy or relations with princely states could be discussed.
4. The non-official majority was invalidated by the election of nominated members.
Choose the correct code:
Very sorry guys,my telegram was hacked few days back, just it recovered 10 minutes back, i will start updating important news from tomorrow
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#Polity GS Paper 2
Context: Interfaith couple Protection
Interfaith couples in India can get married under the Special Marriage Act 1954.
In March 1947, the Constituent Assembly’s Sub-Committee on Fundamental Rights in a vote of 5-4 rejected Minoo Masani’s proposal to add the clause, ‘No impediments to marriages between citizens shall be based merely upon difference of religion” as a fundamental right to the Constitution.
Rajkumari Amrit Kaur, Hansa Mehta and B.R. Ambedkar supported Masani’s amendment
Court Intervention:👇👇
#Polity GS Ppaer 2
Context: This news is about Custodial Torture.
#Polity GS Paper 2
We need to understand two thing here:
1. Undertrial
2. Remission