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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: Global alliance of Human Right association has questioned the NHRC because of:
1. Lack of independence ie Political interference in appointment.
2. Lack of diversity, pluralism
3. Human right violation by Police.
4. Lack of diversity in staff and leadership.
What is GANHRI?
Answer: At an international workshop held in Tunis, Tunisia on 13 December 1993, a group of NHRIs set the foundation for the global network of national human rights institutions, known today as the Global Alliance of National Human Rights Institutions.
#Polity GS Paper 2
Context: Polygraph and Narco test, we will see if from the perspective of Article 20 (3).
Polygraph Test: When a polygraph test is conducted on a person, four to six sensors are attached to him. In the polygraph machine, multiple ("poly") signals from the sensors are recorded on a single strip of moving paper ("graph"). These sensors generally record:
1. Person's breathing rate
2. Person's pulse
3. Person's blood pressure
4. Person's perspiration (sweat)
5. Sometimes, arm or leg movements are also recorded.
In Narcoanalysis test, which is different from the polygraph test, involves the injection or administration of a drug (such as sodium pentothal, scopolamine and sodium amytal), i.e., truth serum, which causes the subject to enter into various stages of anaesthesia.
Article 20 (3) and these Test👇👇
#Polity GS Paper 2
Context: Right to assembly regulated by Government order of Andhra pradesh and HC intervention emphasised on SC Guidelines relating to Assembly.
Andhra Pradesh GO:
1. Assembly of people is leading to loss of lives because of stampede, thus needs regulation.
2. Roads are made for smooth movement and sttae can impose reasonable restrictions to ensure that they are not hindered by public meeting.
3. It is the duty of police to keep order on public roads, public streets etc.
HC OF ANDHRA:
1. Officer who thinks assembly can breach peace, can prescribe condition for meeting and ask for license.
2. Government can't use the a single incident happening on the road as the measure to regulate assembly, rather find the solution of such incident.
4. Follow SC guidelines in Mazdoor kishan shakti sangathan VS UOI.
A. Regulate the numbers of participants in demonstrations.
B. Restriction on certain route can be think of.
#Polity GS Paper 2
Context: Localisation of SDG.
We al know about SDG and its Goal, but the important thing now is its implementation status at Local level.
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https://www.youtube.com/live/e6UJk-y7DlA?feature=share
Those who are confused what to take as their optional subject, and have any doubt about anthropology,just join the session and enlightened with the thoughts of Mangal sir.
The Andhra Pradesh Government has proposed for three different capitals for legislative, Executive and Judicial functions. This is inspired by the South African Model but it is different from “Distributed Development” Concept.
What is the Distributed Development Concept?
Ans:- This model is based on decentralisation of executive power based on region specific economic activities. Example:- Separate Government offices for different sectors like Port, Industry, Shipping and Fisheries.
Desirability of having Three Capitals (Amaravati, Kurnool and Visakhapatnam):- It is also based on decentralisation, but different from Distributed Development Concept
1. Three capitals ensure equal development of different regions of the state.
2. In December 2010, the Justice B N Srikrishna Committee, set up to look into the demand for a Telangana state, said Rayalaseema and North Coastal Andhra were economically the most backward, and the “concentration of development efforts in Hyderabad is the key reason for demand of separate states”.
Challenges in the Concept:-
1. Location:- The distances in Andhra Pradesh are not inconsiderable. Executive capital Visakhapatnam is 700 km from judicial capital Kurnool, and 400 km from legislative capital Amaravati.
2. All officers and Ministerial staff who may have to be at hand to brief Ministers when the Assembly is in session, will probably have to stay put in Amaravati, leaving behind their other responsibilities in Visakhapatnam.
1. More than 400 palliative cre centres across kerala.
2. Volunteers from diverse social groups are asset of this model for assisting such patients. It is based on teh idea that when doctors know symptoms, volunteers need suffering.
Kerala declared Palliative Care Policy in 2008 , depends on following Pillars:
1. Right based approach: Palliative Care would be treated as a right of every person who is in need of such care.
2. Universality: No one who requires palliative care would be left behind. The Antyodaya approach would be followed to ensure the poorest and weakest person is reached first.
3. Integration: Palliative Care would be mainstreamed in all disciplines of medicine. It will be fully integrated into the health care system and will not be seen as a standalone activity.
4. Multi sectoral Approach: to converge different services and
resources of palliative care involving the relevant departments especially Health and Family Welfare, AYUSH, Education, Local Self Government, Social Justice, Youth Affairs, Scheduled Caste/Scheduled Tribe Development.
In 2019, when the Supreme Court considered various appeals, a two-judge bench gave a unanimous verdict in this matter but was split on the question of powers over services. On the Centre's request, the case was then referred to the Constitution Bench. The five-judge Constitution Bench tackled the question of who has administrative control over transfers and postings of bureaucrats in the capital.
1. The Lieutenant Governor, who represents the Centre in Delhi, is bound by the elected government's decision on services.
2. While the Lt Governor has powers, they do not mean administration over the entire Delhi government, "otherwise the purpose of having a separate elected body in Delhi will be rendered futile.
3. If an officer is not responding to the government, the collective responsibility is diluted. If an officer feels they are insulated from the elected government they feel they are not accountable.
4. Elected Delhi government has power over all administrative services except those pertaining to police, public order and land. Other than in these three areas, the bench said, the Lieutenant Governor is bound by decisions taken by the Delhi assembly.
Which of the following has been added by 44 th constitutional amendment act:-
1. President shall issue the proclamation of emergency only after decision of cabinet.
2. The proclamation of emergency requires special majority.
3. The proclamation of emergency needs to be approved by parliament after every 6 months.
4. President is obliged to revoke emergency when house passes a resolution by simple majority.
Choose the correct code:-
#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 :
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1. Narco-analysis, brain mapping, and polygraph (lie detector) test against the will or consent of the accused would be an infringement of Article 20 (3) of the Indian Constitution.
2. Article 20(3) deals with the right against self-incrimination or the right to remain silent (a common law criminal jurisprudence). This constitutional right states that “no person accused of any offence shall be compelled to be a witness against himself”.
3. Therefore, subjecting an accused to undergo the polygraph or narcoanalysis test is considered a blatant violation of Art. 20 (3), as the accused is testifying against himself. So, obtaining consent from the accused before conducting such tests is necessary.
Is the polygraph, narcoanalysis or brain-mapping admissible?
Answer: In the landmark case of ‘Selvi & Ors vs State of Karnataka & Anr’ (2010), several questions regarding the legality or validity of the polygraph test were answered.
It was held in this case that usually, it is not admissible in a court of law. Narco analysis test, polygraph test & brain mapping cannot be considered a confession, but any information subsequently discovered with the help of such a consented test taken by the accused can be admitted as corroborative evidence.
For example: if an accused reveals the place of a murder weapon in the course of the polygraph test, and police later find the weapon at that place, then the statement of the accused will not be evidence, but the weapon will be evidence.
Which of the following statements is correct:-
1. The provision of financial emergency is based on the National Recovery act of UK.
2. President rule can be imposed when party in majority fails to elect Chief minister
Already, Ministry of Statistics, Program implementation has published National Indicator Framework which represents India's Unique developmental journey. Alongwith this, Niti Ayog has presented India's second Voluntary local review (VLR) in 2020, highlighting that 23 states & UT in India have prepared Vision document based on SDG.
But more recently this , This VLR has been released at City level also. It demonstrates how the local actions are leading the way in equitable and sustainable transformation for people and building a coalition of partners towards this endeavour.
THE BHOPAL PLAN:
Bhopal has released VLR and this VLR is the result of collaboration between UN Habitat and Bhopal Municipal Corporation.
1. This city has build basic infrastructure.
2. Steller performance in Solid waste management.
3. Provision of open space , public transportation in Bhopal.
#Polity GS Paper 2
Context: Role of Opposition in Democracy:
1. Constructive criticism
2. Check the excess of Government
3. Public welfare
4. Uphold Government Accountability.
5. Safeguarding Liberty
6. Opposition provides checks and balances on the executives in the functioning of a vibrant democracy. For example, the participation of members of the opposition in various parliamentary committees.
ISSUE OF OPPOSITION IN INDIA:
1. Fragmented
2. Divided on the basis of vote bank.
3. Being perceived as being too negative or critical of the government
UNDERSTANDING MANIPUR VIOLENCE
Manipur is inhabited by Meities dominating Plain area and Kukis +Chin(From Myanmar who have ethnic link with Kukis) + Nagas dominating Hills areas.
The problem is Meities dont have ST Status but tribals living in Hills areas have, so Meities are deamnding for ST Status for last 50 years. They are demanding so, which would grant them access to a range of advantages including health, education, and employment in the government.
However the reality is the Meteis hold the majority of posts in the state administration and have benefited from greater economic and infrastructure development. That frustates Nagas and Kukis.
So, when The Manipur High Court’s asked to the state government to submit an ST tag for the community to the Union Tribal Affairs Ministry, it becomes the immediate cause of violence.
The second concern surrounding the tension is : Unlike the Meiteis who cannot buy lands in the hills, the tribals are allowed to buy and possess landed properties in the valley. Meities have the fear that creation of Greater Nagalim would lead to shrinking of Manipur’s geographical area and also Meities are discriminated as other tribal grou[s can buy land in hills.
The third concerns surrounding the tension is: In 2020, as the Centre began the first delimitation process in the state since 1973, the Meitei community alleged that the Census figures used in the exercise did not accurately reflect the population break-up.
Tribal groups (Kuki and Nagas) on the other hand said they had grown to 40% of the state’s population and were underrepresented in the Assembly.
Thus it is rightly said The State is like a football stadium with the Imphal Valley representing the playfield at the centre and the surrounding hills the galleries. The valley, which comprises about 10% of Manipur’s landmass, is dominated by the non-tribal Meitei who account for more than 64% of the population of the State and yields 40 of the State’s 60 MLAs.
The hills comprising 90% of the geographical area are inhabited by more than 35% recognised tribes but send only 20 MLAs to the Assembly.
#GOVERNANCE GS Paper 2
Context: Palliative care
Palliative care is an approach to improve the quality of life of patients and families confronting life threatening illness such as Cancer, heart disease, pulmonary disease.
Kerala Palliative care Model :
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#Polity GS Paper 2
Context: Who has the power over services and in appointment of Officers for these services? There has been a tussle between Delhi govt and Lt Governor over this issue.
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