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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
1. 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.
2. This Act covered both the organized and unorganized sectors in India.
3. 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.
4. 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.
1. The First thing is Governor should not call Eknath Sindhe for Floor test because there was not any objective material with him that indicates Thakrey govt had lost confidence in the house.
2. However the Governor is logical in the sense that resignation of Thakrey before the floor test was a necessity to prevent the court from entering in matter and restoring Chiefministership. But wrong in law calling for floor test without looking into confidence or loss of confidence in Thakrey.
3. It is the universally accepted convention that when in democratic countries government falls, Governor has the responsibility to ask opposition that can they form the Government. But here Governor has asked the faction of same party who has lost the power. This action shows he was happy with ongoing conflict within shivsena.
Another question is of whip:
In Maharashtra what has happened that both the rival party issued whip against one another. But the question is whose whip is justified?
If one see paragraph 2(1) of Anti defection law, it gives a simple understanding thet All members of shindhe faction belong to original party ie shiv sena led by Thackeray. So according to 10th schedule, Mr Thackeray party is the original political party. So only the original party can issue a whip.
PARAGRAPH 2(1) OF ANTI DEFECTION LAW:
An elected member of house shall be deemed to belong political party, if he was the candidate during election of such party.
#Polity GS Paper 2
Context: Khasi Hills Autonomous District council has said they will not issue ST Certificate to those who are using their Father's surname. It is because they have a matrilineal society and as per Khasi Hills Autonomous District Khasi Social Custom of Lineage act 1997, only those following custom of using their mother's surname will be identified as Khasi. These laws are a kind of special Provision for some States mentioned in 6th schedule.
PMJJBY:
• It is a one-year life insurance scheme renewable from year to year offering coverage for death due to any reason.
• Eligibility: Individuals in the age group of 18-50 years having a savings bank or a post office account are entitled to enrol under the scheme.
• Life cover of Rs 2 lakh in case of death due to any reason against a premium of Rs 330 per annum.
Pradhan Mantri Suraksha Bima Yojana(PMSBY)
• The Scheme is available to people in the age group 18 to 70 years with a bank account who give their consent to join / enable auto-debit on or before 31st May for the coverage period 1st June to 31st May on an annual renewal basis.
• Aadhar would be the primary KYC for the bank account.
• The risk coverage under the scheme isRs.2 lakh for accidental death and full disability and Rs. 1 lakh for partial disability.
• The premium of Rs. 20 per annum is to be deducted from the account holder’s bank account through ‘auto-debit’ facility in one installment.
• The scheme is being offered by Public Sector General Insurance Companies or any other General Insurance Company who are willing to offer the product on similar terms with necessary approvals and tie up with banks for this purpose.
Atal Pension Yojna
• It is a Social Security Scheme introduced by Govt. of India, aimed at providing a steady stream of income after the age of 60 to all citizens of India. It is based on National Pension Scheme (NPS) framework.
• Under APY the subscribers have a choice to get Fixed Monthly Pension amount from Rs. 1000, Rs.2000, Rs. 3000, Rs. 4000 and Rs. 5000 by paying monthly subscription.
• Central Government will co-contribute 50% of the total yearly contribution or Rs. 1000 per annum, whichever is lower, for the period of 5 Years in the account of subscribers who join the scheme up to 31st December 2015 and who are not a member of any Statutory Social Scheme and not an income taxpayer.
• Subscribers joining APY scheme at an early stage of age would be required to pay lesser monthly subscription amount as compared to the subscriber joining at a later age
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.
rguments for Health care to be Fundamental Right?
Ans:- A right to health under which people are entitled to avail health protection services free of cost should be in place on the lines of the right to education, according to a private member bill introduced in the Rajya Sabha in 2017.
1. Article 21 of the Indian constitution guarantees the right to life, and the right to health has been interpreted through this article.
2. According to NHP 2017, 63 Million people are pushed to poverty every year due to healthcare costs.
3. Making health a fundamental right would thus give citizens the power to hold the state accountable for fulfilling its responsibility toward them
4. It is not only the individual who is responsible for her health but also the circumstances in which she lives and works, and these are often not under her control but State.
Arguments against Health care as Fundamental Right:-
1. State’s capacity:- India’s expenditure on health is around 1.7 % of GDP only.
2. Over Burdening of courts:- It will increase litigation if made Fundamental right.
3. Huge Population:- Right to health care is feasible in country like Thailand, not in India as far as South and South Asian countries are concerned.
What to do other than TAIWAN MODEL:-
1. Beveridge Model:- The Government uses its revenue to finance UHC. It allows Government to regulate and negotiate price of drugs and medical equipments. In this model, Most of the hospitals are and clinics are Government owned and even Private Doctors take their fees from Government. Ex- Cuba
2. Bismarck Model:- This system is jointly funded by Employers and employees via payroll deduction. Ex- Germany, France.
3. National Health Insurance Model:- This model uses private sector providers but financing through a government run insurance Program. Ex- Canada and India Ayushman Bharat
Why Capital Punishment??
Ans:- To create Deterrance in the Society and a part of Retributive Justice..
Now the debate in India is whether we should abolish it or Not...
Now understand Law Commission report:-
1) 35th Report of Law Commission had argued for retention of capital punishment.
2) In 2015, Law Commission has recommended for abolition of death penalty except in terrorism related cases and waging war against the state.
Important Judicial pronouncement:-
1) Bachan Singh Case:- Death penalty only in rarest of rare cases.
2) Shatrughan Chauhan case:- Delay in capital punishment is a ground for clemency and minimum 14 day notice should be given before execution.
Why Capital Punishment should retained?
Ans:-
1. As noted by the Law Commission itself, cases of violent terror are constant reminders of the need to protect national stability by ensuring appropriate responses to such actions, and the death penalty forms part of the national response.
2. A punishment cannot be judged by its impact on criminals but by its impact on those who are still innocent.
3. Those who defend the death penalty often do it on the basis of retributive justice (a system of criminal justice based on the punishment of offenders rather than on rehabilitation).
4. It determines that there are certain acts which the society so essentially detest that they justify the taking of the most crucial of rights – the right to life. For, the state acknowledges that the sacredness of life can only be seen to be protected if those who take it away are proportionately punished. The hanging of Ajmal Kasab and Yakub Memon strongly affirms India’s commitment to the protection of life.
Why it should not be retained?
Ans:-
1. Most of the civilized world has abolished it. India certainly does not need it as it doesn’t serve any purpose.
2. No study has shown that the death penalty deters murder more than life imprisonment. The evidence is all to the contrary. For deterrence to work, the severity of the punishment has to coexist with the certainty and swiftness of the punishment. The death penalty has not deterred terrorism, murder or even theft.
3. Based on the evidence collected, the legal system cannot be trusted to take one’s life. For example, between January 1, 2000 and June 31, 2015, the Supreme Court imposed 60 death sentences. It subsequently admitted that it had erred in 15 of them (25%).
4. Those without ‘capital’ get the punishment. Poor prisoners on legal aid won’t get good lawyers to defend them. Hence, the death penalty unfairly targets the poor and marginalized.
Additional points to enrich your answer:-
➡️➡️ Former President Pranab Mukherjee has disposed 34 mercy petition pending for last 30 years
#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.
#Polity GS Paper 2
Context: Maharastra Crisis
The article talks about SC Verdict on shive sena crisis in Maharashtra.
Which of the following is correct with respect to Electoral Trust:
1. The trust is created under Companies Act 1956.
2. Only a Company registered in India can contribute to Electoral Trust.
3. The Central Government, also launched ‘The Electoral Trusts Scheme, 2013 which specified the eligibility and procedure for registration as an electoral trust.
Choose the correct code:
#Governance GS Paper 2
Context: Right to health and Taiwan Model for Right to Health.
Taiwan Model:
It has introduced Universal health care which provides disease prevention and health care services for all. These include parental check ups, gestational diabetes, anemia testing all to promote maternal and infant health.
Taiwan National Health insurance offers protection and access to a range of essential services.
Right to Health :
👇👇
#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.