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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
Context: we already have discussed that Ordinance has been issued by to empower the Lt Governor. Today this ordinance will be placed to turn into act.
1. The Union Public Service Commission to appoint Group A and Group B gazetted officers for Delhi. The Delhi Subordinate Services Selection Board will make appointments only for Group B and C non-gazetted officers.
2. The Centre would have power over the tenure, transfer, posting, etc of these officers.
3. According to the new ordinance, a new body will be created called the “National Capital Civil Service Authority,” which will consist of the chief minister, the chief secretary, and the principal secretary (home) of Delhi. This body will have to “make recommendations” to the LG.
3. While the NCCSA would have control over matters related to “all Group A officials and officers of DANICS,” the LG would have the final say over matters related to “officers serving in connection with any subject matter
#Polity GS Paper 2
Context: To bring social diversity in Judiciary
POWER OF ED : Directorate of Enforcement (ED) is a multi-disciplinary organization mandated with the task of enforcing the provisions of two special fiscal laws – Foreign Exchange Management Act, 1999 (FEMA) and Prevention of Money Laundering Act, 2002 (PMLA).
1. Power to Seize assets: The ED has the authority to undertake “search and seizure” against any individual based on information in the officer’s possession and by establishing in writing exact “reasons to suspect” that money-laundering has occurred.
2. Summon an individual whose attendance is essential, whether to give evidence or to produce any records, during investigation or proceedings
3. Power to attach property : If an individual is in possession of “proceeds of crime,” the ED has the authority to temporarily attach a property under Section 5(1) of the PMLA.
Mission Vatsalya Scheme is a roadmap to achieve development and child protection priorities aligned with the Sustainable Development Goals (SDGs).
▶️It lays emphasis on child rights, advocacy and awareness along with strengthening of the juvenile justice care and protection system with the motto to 'leave no child behind'.
▶️The Juvenile Justice (Care and Protection of Children) Act, 2015 provisions and the Protection of Children from Sexual Offences Act, 2012 form the basic framework for implementation of the Mission.
▶️The Scheme is implemented as a Centrally Sponsored Scheme in partnership with State Governments and UT Administrations.
👉The fund sharing pattern is in the ratio of 60:40 between Centre and State & Union Territories with Legislature respectively.
👉The fund sharing pattern between Centre and State is in the ratio of 90:10 for the North-Eastern States.
https://epaper.thehindu.com/ccidist-ws/th/th_delhi/issues/44078/OPS/G0HBGEJT3.1.png?cropFromPage=true
Context: New restriction may come in flying of Drones as it is reported Drones are being used in sending drugs and weapons near punjab border.
What is A present Drone Policy in India?
Answer:
#POLITY GS Paper 2
Context: we already have discussed that Ordinance has been issued by to empower the Lt Governor
1. The Union Public Service Commission to appoint Group A and Group B gazetted officers for Delhi. The Delhi Subordinate Services Selection Board will make appointments only for Group B and C non-gazetted officers.
2. The Centre would have power over the tenure, transfer, posting, etc of these officers.
3. According to the new ordinance, a new body will be created called the “National Capital Civil Service Authority,” which will consist of the chief minister, the chief secretary, and the principal secretary (home) of Delhi. This body will have to “make recommendations” to the LG.
3. While the NCCSA would have control over matters related to “all Group A officials and officers of DANICS,” the LG would have the final say over matters related to “officers serving in connection with any subject matter
WHAT IS CONSTITUTION BENCH?
#Polity GS Paper 2
Context: Allahabad HC rejected to give protection to inter religious couple living in live-in relationship. There is no place of LUST before Marriage in Islam. The judgement is criticised on the ground:
1. Court should look this issue from the perspective of Constitutional Morality rather than social morality
2. Discarded SC Judgement in Lata Singh case Where the court directed police authorities to see any adult inter religious couple should not get harassed.
3. Court should not invoke Personal law argument in the case as the case if of before marriage.
Try to understand HC is not disregarding the SC judgement, HC also have its own jurisdiction to look into the case by case basis.
According to Internet shutdown tracker, there has been 738 internet shutdown in India since 2012. REASONS ARE TO CHECK CHEATING IN EXAMS, RELIGIOUS PROCESSION AND during Protest.
While article 21 says Right to internet is the part of Article 21 in Anuradha Bhasin case and any ban should pass the test of Proportionality.
IT IS BASED ON TRIPLE TEST:
1. Legality, i.e. there must be a law in existence
2. Legitimate aim/State interest, which he illustrates as including goals like national security, proper deployment of national resources, and protection of revenue, social welfare.
3. Proportionality of the legitimate aims with the object sought to be achieved. There should be a rational nexus between the objects and the means adopted to achieve them.
The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, as a logical method to assist in discerning the correct balance between the objects of legislation and the means adopted to achieve them.
Comparison of India and US Reservation system:
Origin: India: Article 15 and 16 AND in USA, Civil rights act.
Purpose: In India to do historical injustice based on caste and in US, domination based on race.
System: Quota fixed in India while no Quota in US
Targeted Group: SC, ST, OBC, EWS in India and African American, ASIAN AMERICAN IN USA.
Criteria: Socially, educationally and economically weaker and in US, criteria is ethnicity and race.
#Polity GS Paper 2
Context: Governor dismissed Minister in Tamil Nadu.
Delimitation is the act of redrawing boundaries of Lok Sabha and Assembly seats to represent changes in population. Its aim is to provide equal representation for equal population segments, to ensure that no political party has an advantage. Delimitation is a constitutional exercise carried out based on preceding Census figures (2001 here)
While the number of seats (126 Assembly and 14 Lok Sabha) are being retained, (As there is a freeze on doing this by 84th amendment act) the EC has proposed not just changes in geographical boundaries, but also an increase in the number of reserved constituencies for Scheduled Tribes (ST) and Scheduled Castes (SC).
CHANGES PROPOSED
1. Reserved seats increased: SC assembly seats have increased from 8 to 9; ST assembly seats have increased from 16 to 19
2. Districts with autonomous councils (administered under the Sixth Schedule of the Constitution) get more seats: one assembly seat increased in West Karbi Anglong District; three assembly seats increased in the Bodo Territorial Region
3. Change in nomenclature: Kaliabor Lok Sabha constituency now named ‘Kaziranga’
So as we have discussed in class, seats cannt be increased just adjustment of constituencies can be done. Same thing has been done
EXAMPLE OF REGULATION OF SACRIFICES AND STATE SUPPORTED REFORM
👉Municipal Corporation shall ensure that no illegal slaughtering of animals shall be allowed unless the same is recognized or licensed by the Municipal Corporation.
👉Action by BMC and police to prevent slaughtering if license is not taken.
👉The Police Commissioner / Officer-in-Charge of Nagpada Police Station is directed to provide appropriate police assistance to the officers of the Municipal Corporation in the event an action is required to be taken.
https://www.livelaw.in/top-stories/bombay-high-court-bakri-eid-animal-slaughtering-231503
Polity GS Paper 2
Context: Delhi vs Centre
Discussed below
1. Women and other marginalised communities, such as Scheduled Castes and Scheduled Tribes, are chronically under-represented.
2. Despite the fact that there are over a hundred million indigenous tribal members, no judge from a Scheduled Tribe has ever been appointed to the Supreme Court in its 70-year history.
3. “After 75 years of independence, one would expect at least 50% representation for women in the judiciary at all levels. But with great difficulty, we have now achieved a mere 11% representation of women in the Supreme Court
4. It has been debated by many that higher judiciary operates like ‘Old Boys Club’ given the high levels of representation of just a few families on High Court and Supreme Court benches.
5. Joyita Mondal became the first openly transgender person to be appointed as a judge of a Lok Adalat, or People’s Court, in the year 2017. Recently Saurabh Kripal has been appointed as HC Judge.
6. In India, Muslims account for about 15% of the population, but their presence in the higher judiciary is almost non-existent. Currently, the Supreme Court has only one Muslim justice
7. Inequitable representation of backward and minority communities in higher judiciary is evident from the fact that 79% of all high court judges appointed in the past five years (2018 to 2022) are from privileged castes
What can be done?
Four types of diversity are taken into Consideration in the process of appointing the judges of the Supreme Court. The criteria are the geographical origin of the judges, belonging to religious minorities, belonging to lower castes, and their gender. These aspects may integrate the fundamental criterion of merit, defined as seniority, previous experience, and recognised personal competence.
The Report by the Parliamentary Committee on the Welfare of SCs and STs, recommended in this regard, that Articles 124 and 217 of the Constitution be suitably amended to include the judiciary within the ambit of reservation, and simultaneously a Judiciary Act may be enacted to spell out the governing principles of the proper functioning of the Judiciary, especially the Supreme Court and the High Courts.
Another recommendation is the formation of an All India Judicial Service to recruit judges for the subordinate judiciary across the country, with reservation being applicable to the post of District Judges in all states.
What is delimitation?
Answer: Delimitation is the act of redrawing boundaries of an Assembly or Lok Sabha seat to represent changes in population over time. This exercise is carried out by a Delimitation Commission.
The Delimitation Commission in India is a high power body whose orders have the force of law and cannot be called in question before any court. These orders come into force on a date to be specified by the President of India in this behalf. The copies of its orders are laid before the House of the People and the State Legislative Assembly concerned, but no modifications are permissible therein by them.
What is the composition of Delimitation commission?
Answer: The Delimitation Commission is appointed by the President of India and works in collaboration with the Election Commission of India.
Composition:
1. Retired Supreme Court judge
2. Chief Election Commissioner
3. Respective State Election Commissioners.
Why Delimitation?
Answer: The main objective of delimitation is to provide equal representation to equal segments of a population. For instance, in 1971, Assam’s population was 1.46 crore. In 2001, it increased to 2.66 crores. Further, the population does not grow uniformly across all areas of a state. Hence, delimitation of constituencies is periodically carried out to reflect not only an increase in population but changes in its distribution.
Why we have not seen delimitation exercise after each Census?
Answer:- The fear of losing meaningful political representation was especially great in the southern states which not only had had greater success in controlling populations but also economically developed such that they generated a lot more per capita revenue than the northern states. Delimitation on the basis of population would disenfranchise them politically while the central government would continue to benefit from these states’ economic contributions to the country.
To allay these fears, the Constitution was amended during Indira Gandhi’s Emergency rule in 1976 to suspend delimitation until 2001. Another amendment ie 84th CAA postponed this until 2026. It was hoped that the country would achieve a uniform population growth rate by this time.
Paper 2
Context:#Polity GS paper 2
In this article there is a difference between ED and Police:
1. Section 50 of PMLA Act says the ED do inquiry , not investigation against the proceeds of crime.
2. Police is required to register FIR for cognisable offence but not required for ED.
3. Any statement made by accused before the police is not admissible in the court while it is admissible in case of statement made before ED.
4. A Copy of FIR is accessible to the accused whereas ED information report is seldom available.
5. The purpose of ED is to focus on recovering the proceeds of crime in order to distribute the same to victims while Police focus is on arrest and seek custody of the accused.
▶️There are two types of licences offered: Student Remote Pilot Licence and Remote Pilot Licence.
👉Student Remote Pilot License: A student licence is valid for a period of five years and can be renewed only for an additional period of 2 years. You should have passed Class 10 or its equivalent examination from a recognised Board..
👉Remote Pilot License. A remote pilot licence is valid for 10 years, and can be renewed for another 10 years with each renewal application.
The minimum age to apply for both student and remote pilot licences is 18 years and the maximum age at which you can obtain a licence is of 65 years.
▶️Nano drones (less than 250 gm) are exempted from obtaining any licence. In addition, no remote pilot licence is required for micro drones (for non-commercial use). However, you need to ensure that you do not fly it beyond 50 ft (15m) AGL.
▶️Meanwhile, all other drone operations in India require licence
▶️There are three zones — yellow (controlled airspace), green (no permission required) and red (flying not permitted). The yellow zone, which was earlier a 45 km zone from the airport perimeter, has now been reduced to a 12 km zone, meaning that outside of a 12 km radius of an airport perimeter, it would be a green zone, where drone operators no longer need permission to fly.
▶️The Indian government has abolished a series of approvals including unique authorisation number, a unique prototype identification number, a certificate of manufacturing and airworthiness, certificate of conformance, certificate of maintenance, acceptance of existing drones, and remote pilot instructor authorisation.
▶️The new maximum penalty for drone-related non-conformity stands at Rs 1,00,000 in India.
ANS: Whenever a matter of law arises that requires a provision or provision of the Constitution to be interpreted, or there is a “significant legal question”, it is required to be decided by a Bench involving a minimum of five judges of the Supreme Court. Such a Bench is called Constitution Bench. Constitution Benches have decided some of India’s most significant cases over the years:
1. Maneka Gandhi v. Union of India:
2. 3. Justice K.S. Puttaswamy (retd) v. Union of India:
Kedar Nath Singh v. State of Bihar:
Article 145(3), which deals with the rules of the court, provides for the setting up of a Constitution Bench.Article 145(3) says a minimum of five judges need to sit for deciding a case involving a “substantial question of law as to the interpretation of the Constitution”, or for hearing any reference under Article 143, which deals with the power of the President to consult the SC.
Other scenarios in which a Constitution Bench can be constituted are:
1. If two or three-judge Benches of the Supreme Court have delivered conflicting judgments on the same point of law
2. If a later three-judge Bench of the SC doubts the correctness of a judgment delivered by a former Bench with as much strength and decides to refer the matter to a larger bench for reconsideration of the previous judgment.
#Governance (Education) GS Paper 2
NATIONAL RESEARCH FOUNDATION: A Coordinating agency between researcher and various govt bodies, and thus bringing industry into mainstream of research. It will be funded by both govt(28%) and rest by private sector.
1. Now all the finance related paperwork will be done by NRF Now, freeing the scientist for research.
2. Digital processing of all paperwork
3. Within 6 months the research grant will be disbursed.
#Polity GS Paper 2
Context: Internet shutdown
US Reservation System
The US SC ruling in the Students for Fair Admissions v Harvard case reflects a growing sentiment that affirmative action has lost its moral force.
Actually in this case, we are required to understand that US follows Equal protection of law. And affirmative action in US is based on the Race. To address racial inequality, 14th constitutional amendment act mandates that individuals in similar situations be treated equally by the law.
But now the court says race based affirmative action violates equal protection clause on the basis that harvard and UNC lacks sunset clause in the matter of affirmative action. It simply means when the objective of equal protection before law is achieved, better to drop it.
Arguments in this case:
Some Indian immigrants to the US used to say that a reason for coming here was the reservations policy in university admissions and jobs in their homeland and they wanted their children to escape its clutches. But it followed them here in the form of affirmative action in universities and government programmes and threatened to spill over into technology and science jobs. (BASICALLY THEY ARE TALKING ABOUT RESERVATION POLICY IN INDIA IS FLAWED AND NOW IN USA ALSO SUCH CLAUSE IS PRESENT)
While some supporters view affirmative action as a form of reparation for the history of slavery of African-Americans, and discrimination against them, Latinos and Native Americans,by some Whites.
So dont understand that US has deviated from Equal protection before law, but SC tries to say there is a limitation of everything. And affirmative action should come with sunset clause.
For us, what is important, Implication on India's reservation Policy :
1. India's reservation policy should be periodically evaluated and reformed to ensure it remains effective and equitable.
2. It may embolden opponents of the reservation system, questioning its effectiveness and relevance.
3. Transparency, fairness, and meritocracy should be central to any reservation system, avoiding the pitfalls that have plagued affirmative action in the US.
4. Rather than relying solely on race or caste-based preferences, comprehensive approaches that take into account multiple dimensions of disadvantage, including socioeconomic factors and educational opportunities, should be adopted.
Article 164 (1) deals with the provision of the appointment of Chief Minister and other members. However, here the Chief Minister will be appointed by the Governor, and other Ministers will be appointed by the Governor on the advice given by the Chief Minister.
So the constitutional position is: Only CM Will decide on dismissal not the Governor.
The power of Governor has been discussed in length in Samsher Singh case:
In this case, a seven-judge Constitution Bench of the Supreme Court said that the President and Governor, custodians of all executive and other powers under various Articles, shall exercise their formal constitutional powers only upon and in accordance with the advice of their Ministers save in a few well-known exceptional situations.
Nabam Rebia case:
1. Article 163 of the Constitution does not give the Governor a “general discretionary power to act against or without the advice of his Council of Ministers”.
2. Governor’s discretionary powers are limited to specified areas like giving assent or withholding/referring a Bill to the President or appointment of a Chief Minister or dismissal of a government which has lost of confidence but refuses to quit, etc.
#pOLITY GS Paper 2
Context: Delimitation in Assam
👉Quality Council of India as a non-profit autonomous society registered under Societies Registration Act XXI of 1860 to establish an accreditation structure in the country and spread the quality movement in India by undertaking a National Quality Campaign.
👉Mr Jaxay Shah is the Chairperson of the Quality Council of India (QCI), an autonomous body of the Ministry of Commerce & Industry. Ratan Tata was the First chairman .
