2.Polity 57T Flashcards

Question

3.4. MINISTRY OF HOUSING | AND URBAN AFFAIRS

Answer 1

• Recently government has merged the Ministry of Urban Development (MoUD) and Ministry of Housing and Urban Poverty Alleviation (MoHUPA), and now it will be called as Ministry of Housing and Urban Affairs. • The administration of the Real Estate (Regulation and Development) Act, 2016 and the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 will be done by the same ministry. • Merger taken on the recommendation of group of secretaries, which were formed in October 2016. • MoUD and MoHUPA were one entity before being separated into two independent ministries in 2004. Group of secretaries • Ten Groups of Secretaries were formed in October 2016 by the central government. • They were formed sector specifically like on health, education, urban development etc. to raise issue pertaining to every sector and recommend practical remedies to overcame those challenges • Term of reference for them were to harness demographic dividend, elimination of poverty, further the ‘Maximum governance, Minimum government’ philosophy of government etc

Answer 2

Issues related to Chief Election Commissioner • The appointment of CEC and other ECs according to the Article 324, shall be done as per the law made by the Parliament in this regard. However, no such law has yet been made which leaves a “gap”. Recently, Supreme Court had asked the centre why no enabling law has yet been framed. • This leaves the appointment of such a crucial post solely to the executives (President on the advice of PM and Council of Ministers). Constitutional Provisions related to EC As per the Article 324 of the constitution, “The Election Commission shall consist of Chief Election Commissioner and such numbers of other Election Commissioners, if any, as the President may from time to time fix and appointment of CEC and other ECs shall, subject to provisions of any law made in that behalf by the Parliament, be made by the President.” • The constitution has not prescribed the qualifications (legal, educational, administrative, or judicial) of the members of election commission. • The constitution has not debarred the retiring Election commissioner from any further appointment by the government. • There is also no clarity regarding the power division between the Chief Election Commissioner and other Election Commissioners. • The CEC and the Election Commissioners enjoy the same decision-making powers which are suggestive of the fact that their powers are at par with each other. • Although the proviso to Article 324 (5) of the Constitution safeguards the CEC from arbitrary removal, the same provision is silent about the procedure for removal of the two EC. It only provides that they cannot be removed from office except on the recommendation of the CEC.

Answer 3

Why in News? The Supreme Court has recently decided to examine the powers of Election Commission in terms of disqualifying convicted persons from forming political parties or becoming officebearer of a party. About Section-29A • Section 29A of Representation of People’s Act, 1951, lays down various provisions in regards to the registration and recognition of political parties in India. By virtue of section 8, 8A, 9, 9A, 10 and 11 of the Act of 1951, it has already been held that candidates convicted under criminal laws are disqualified from contesting elections with immediate effect. • Before its introduction, in 1988, the process was fully regulated by the Election Symbols (Reservation and Allotment) Order, 1968 which is operated by the Election Commission. • Under the Symbols Order, an association needed to achieve tangible proof of 1% of the valid votes to be secured by applicant party for registration. • The Goswami Committee (1990), had shed light on various issues related to the sectiono Now any association to be registered as a political party needs to conform in form only to the provisions of the Constitution, especially to the preamble. Hence, the powers of the Election Commission in regard to registration of political parties under the Symbols Order has been taken away.

Answer 4

Why in news? A PIL in Allahabad court questioned whether political parties are actually authorized to use election symbols reserved for them during and beyond the periods of elections. Classification of symbols: 1. Reserved Symbol: reserved exclusively for a recognized political party (National or State) and allotted to contesting candidates set up by that party. 2. Free Symbol: Other than a reserved symbol. From the list of free symbols, 3 preferences have to be provided by the contesting candidates of unrecognized parties or independents in their nomination paper. Background • Symbols are allotted according to Election Symbols (Reservations and Allotment) Order, 1968 issued by Election commission of India. • These symbols may be reserved in the name of parties but are allotted to the contesting candidates (not to any party), only for the period of notified election. Criteria for recognition of a political party: STATE PARTY • Secures 6% of the valid votes polled in vidhan sabha elections of the state concerned and wins 2 seats in the Assembly. • Secures 6% of the valid votes in Lok Sabha elections from the State concerned and in addition wins 1 seat in Lok Sabha from there. • Wins 3% seats in vidhan sabha elections or 3 seats in Assembly, whichever is more. • Wins at least one seat in Lok Sabha for every twenty-five seats allotted to the state in Lok Sabha election. • secures 8% of the total valid votes polled in the state at Lok Sabha or Vidhan Sabha elections (Added in 2011) NATIONAL PARTY • If a political party is recognised in 4 or more states, it is known as a National Party. • Secures 6% of valid votes polled in any 4 or more states at lok sabha or vidhan sabha elections and in addition wins 4 seats in Lok Sabha from any state. • If it wins 2% of seats in Lok Sabha elections and these candidates are selected from 3 states. • The EC recently amended rules whereby it will now review the national and state party status of political parties every 10 years instead of the present five. • India has seven recognised national parties - Congress, BJP, BSP, CPI, CPI-M, NCP and All India Trinamool Congress. Privileges of National Parties • Unique symbol • Free airtime on public broadcasters AIR and Doordarshan during the Lok Sabha elections. • Two free copies of electoral rolls while their candidates need only one proposer to file their nomination papers. • Deploy 40 star campaigners whose expenditure is not clubbed with the election expenses of an individual candidate

Answer 5

Why in News? Various political parties have told a Parliamentary panel that the existing first-past-the-post-system needs to be replaced with a hybrid format. What is Hybrid Electoral System? • A hybrid/mixed system refers to an electoral system in which two systems are merged into one combining the positive features from more than one electoral system. • In a mixed system, there are two electoral systems using different formulae running alongside each other. The votes are cast by the same voters and contribute to the election of representatives under both systems. • One of those systems is a plurality/majority system (or occasionally an ‘other’ system), usually a single-member district system, and the other a List PR system. • There are two forms of mixed systemo When the results of the two types of election are linked, with seat allocations at the PR level being dependent on what happens in the plurality/majority (or other) district seats and compensating for any disproportionality that arises there, the system is called a Mixed Member Proportional (MMP) system. o Where the two sets of elections are detached and distinct and are not dependent on each other for seat allocations, the system is called a Parallel system. • While an MMP system generally results in proportional outcomes, a Parallel system is likely to give results the proportionality of which falls somewhere between that of a plurality/majority and that of a PR system. Various types of Electoral Systems • First Past The Post System • Proportional Representation • Mixed systems also sometimes referred to as Hybrid System • In India, we follow both FPTP as well as Proportional Representation systems of voting. For example, in the elections for the Lok Sabha we have FPTP and for the Presidential Elections we follow Proportional Representation. What is FPTP? • The First Past the Post system is the simplest form of plurality/majority system, using single member districts and candidatecentred voting. • The voter is presented with the names of the nominated candidates and votes by choosing one, and only one, of them. • The winning candidate is simply the person who wins the most votes; in theory, he or she could be elected with two votes, if every other candidate only secured a single vote. • It is used in the UK to elect members of the House of Commons, both chambers of the US Congress and the lower houses in India and Canada as well as other place that used to be British colonies. Why we chose FPTP? The country chose FPTP for of election system because of following reasons- • Simplicity - most of the Indian population was not literate at the time of independence, and unable to understand the complexity of the PR SYSTEM. • Familiarity - Before independence several elections were held regularly on the basis of FPTP system which made this process more familiar to the general public of the country. • PR SYSTEM establishes party as a major centre of power whereas FPTP gives an individual as a representative of the people of certain specific area. Given India’s condition at the time of independence this was a big concern for our leaders as people connected more to their leaders rather than a certain political party. Difference between FPTP & PR Proportional Representation First Past The Post • Faithfully translate votes cast into seats won. • Facilitate minority parties’ access to representation • It does not completely translate the number of votes into seat. • It might not depending on the or the district magnitude. • Makes power-sharing between parties and interest groups more visible. • The single party dominance is difficult to achieve. • This system does not exclude the smaller parties from representation encourage minority parties. • The power sharing between various groups is not as visible. • It gives rise to single-party governments. • It excludes smaller parties from ‘fair’ representation.

Answer 6

Why in news? Recently, Attorney General and Election Commission opposed Central Government’s stand against ‘totalizing’ of votes for counting after elections. Electronic Voting Machines • EVMs were developed by two PSUs - Bharat Electronics Limited, Bangalore (BEL) and Electronics Corporation of India Limited (ECIL), Hyderabad . • EVMs manufactured in 1989-90 were used on experimental basis for the first time in 16 Assembly Constituencies in the States of Madhya Pradesh (5), Rajasthan (5) and NCT of Delhi (6) at the General Elections to the respective Legislative Assemblies held in November, 1998. • An EVM normally consists of a Ballot Unit (BU) and a Control Unit (CU) if the number of candidates is not more than 16 • If greater than 16, another BU (maximum of 4) can be attached to one CU. Voter Verified Paper Audit Trail • It helps voters ascertain that the vote was cast to the intended party through a paper verifiable by the voter himself. • For the first time, VVPAT with EVMs was used for the Noksen Assembly seat in Tuensang district of Nagaland in 2013. Background • The first recommendation for amending the Election Rules to provide for the use of Totalizer Machine was put forward by Election Commission of India (ECI) in 2008. • It was also recommended by Law Commission in its 255th Report of 2015. Totalizer Machines • It is an interface, to which a cluster of EVMs can be connected simultaneously and the consolidated result of the group of EVMs can be obtained without disclosing the votes polled by a candidate polling-station-wise. • Counting of votes polling-station-wise reveals the voting trends in each polling station thus leaving the voter open to pre and post poll intimidation, harassment and victimization by the political parties (for e.g. delaying infrastructure developing or other welfare activities). • It will add an extra layer of security to the voting process thus upholding the basic principle of secret ballot as the present EVMs do not provide any avenues for mixing of votes. Mixing of votes is analogous to physical mixing of votes as mandated under the Rule no 59A of the Election Rules which states “mixing of votes in cases where it is considered ‘absolutely necessary’.” • However, it has been argued that it camouflages the booth-wise performance of candidates which is essential for parties to devise “booth-management” strategies (working at booth level to mobilise voters).

Answer 7

Why in news? The Election Commission (EC) has disqualified Madhya Pradesh Minister for three years for filing wrong accounts of election expenditure, under section 10A of the Representation of the People Act, 1951. Section 10A of RPA- Disqualification for failure to lodge account of election expenses. If the Election Commission is satisfied that a person— • has failed to lodge an account of election expenses, within the time and in the manner required by or under this Act, and • has no good reason or justification for the failure, the Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order. Press Council of India • The PCI was first constituted on 4th July, 1966 as an autonomous, statutory, quasi-judicial body. The present Council functions under the Press Council Act 1978. • It has its own funds for performance of its functions under the Act that comprises of the fee collected by it from newspapers, other receipts and also Grants in-Aid by from the Central Government. • The decisions of the Council are final and cannot be questioned in any court of law except by way of writ under relevant article of the constitution. • The important functions of the Council are to: o help newspapers and news agencies to maintain their independence, o build up a code of conduct for newspapers, news agencies and journalists, o keep under review any development likely to restrict supply and dissemination of news of public interest and importance. o concern itself with the developments such as concentration of or other aspects of ownership of newspapers and news agencies which may effect the independence of the press. What is paid news? As per Press Council of India, paid news refers to propaganda in favour of a candidate masquerading as news reports or articles for a price in cash or kind as consideration. It is considered a “grave electoral malpractice” on the part of candidates to circumvent expenditure limits. Paid news is not an electoral offence yet. Steps taken by ECI • Starting in 2010, ECI has issued instructions to state and district officers to scrutinize, identify and report cases of Paid News. • The Commission has appointed a Media Certification & Monitoring Committee (MCMC) at District and State level for checking Paid News. • The Committee will scrutinise all media within its jurisdiction to identify political advertisement in the garb of news. • MCMC shall also actively consider paid news cases referred to it by the Expenditure Observers.

Answer 8

Why in news? Recently, in a Lok Prahari vs Union Of India judgment, Supreme Court attempted to increase transparency in electoral process. Section 123(3) of RPA Act, 1951 It declares a corrupt practice if the appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language. Background • Current practice: Candidates file affidavits on their assets but not the source of their assets at the time of filing nomination papers. • Central Board of Direct Taxes (CBDT) in 2017 informed Supreme Court about substantial hike in the assets of seven Lok Sabha MPs and 98 MLAs across the country. Committees related to Electoral Reforms- • Tarkunde Cimmittee- Unofficially appointed by JP Narayan in 1974 • Dinesh Goswami Committee on Electoral Reforms (1990) • Indrajit Gupta Committee on State Funding of the Funding of elections (1998) • Law Commission of India report on Reform of the Electoral Laws (1999) • National Commission Review under MN Venkatachaliah to review the working of the constitution (2000-2002) • Election Commission of India report on proposed electoral reforms (2004) • 2nd ARC (2007) • Tankha Committee to look into election laws and electoral reforms (2010) Highlight of Judgement • Declaring Source of Income: To qualify for contesting elections, candidates and their associates (spouses and dependents) must disclose their sources of income and assets. • Declare other stake: Candidate must also disclose his/her interest or stake in any government contract that he/she or any family member has with the government. • Violation of RPA, 1951: Non-disclosure of sources of income by candidates and their associates would constitute a corrupt practice under Section 123(2) of the Representation of the People Act (RPA) of 1951

Answer 9

Election commission has come up with ICT vision document 2025 which spells out the strategy of adopting recent technologies and consolidating existing technologies in the Election ecosystem. There are four major components of the ICT 2025. • Integrated Software application. • GIS, Analytic and Integrated Contact Centre. • IT infrastructure including data center, IT security, disaster recovery. • Knowledge Management, Capacity building and social media engagement.

Answer 10

Why in news? The Union cabinet has recently approved proposal to change the electoral laws to allow NRIs to vote in the Lok Sabha and assembly elections through a proxy. Earlier, this was permitted only to service personnel. Current Status • In 2010, Representation of the People (Amendment) Act was amended to introduce Section 20A to make NRI eligible to be registered as a voter in the constituency mentioned in her Indian passport. • Before this amendment, only “ordinary residents” could cast their vote. • However, Section 20A required NRIs to be physically present in their respective constituencies at the time of elections. • Under the Representation of the People (Amendment) Act, 2010, overseas Indians can now furnish the documents self-attested by them and get their name enrolled in the electoral roll of their respective constituency. Details • Overseas electors will have to appoint a nominee afresh for each election — one person can act as proxy for only one overseas voter. This is unlike the armed forced who can nominate their relatives as permanent proxy to vote on their behalf. • Service voters can cast their vote through post as well but this is not permitted for NRIs as the government felt that it could become an administrative and logistic nightmare. • It has not yet been passed in Parliament. If the proposal passes political passage in Parliament, NRIs will be able to exercise their voting rights through “proxy”.

Answer 11

Why in news? • There are criticisms on the frequent usage of Article 142 by the apex court in various cases such as highway liquor ban, ordering joint trial of the two Babri Masjid demolition cases. Article 142 states that “the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it…” Causes of concern • Unlimited power - Article 142 is not a source of unlimited power and there should be selfrestraint in using it that the orders under 142 does not amount to judicial overreach. • Unconstitutional - It is against the doctrine of ‘separation of powers’, which is part of the basic structure of the Constitution. • Uncertainty about discretion as in the apex court, 31 judges sit in thirteen divisions of two or three to decide the cases and each bench is independent of the other.

Answer 12

Why in News? • Setting up of 9-judge bench to hear case of right to privacy has once again renewed the debate on setting up of larger constitutional benches to deal with important cases. Reason for demands for larger benches: • Article 145(3) of constitution: states that any “substantial question of law” relating to the interpretation of the Constitution must be heard by benches of at least five judges • More judges mean that there will be more points of view, greater reflection and more thorough analysis in vital cases. It will also add to legitimacy thus, minimizing coming up of same issue frequently. For example - The issue of privacy itself has been debated in eight or more instances • It is more difficult to overturn a five-judge bench than a two- or three-judge bench, meaning the public can have more confidence in the stability of the law. • Stability would also set the doctrine of precedent because as of now both High Courts and lower courts are left confused as to which of the various pronouncements they are meant to follow

Answer 13

Why in news? Recently Supreme Court bench has clarified some aspects of appointment to High court judiciary. Details • The SC bench rejected a petition (challenging the appointment of two judges as Additional judges of Rajasthan HC, filed on the basis of previous SC judgments) stating that - o Retired judicial officers can be appointed as HC judges under Article 217(2)(a) as it did not make it mandatory that the appointee in question should be holding a judicial office at the time when the notification of appointment was issued. o Additional Judges of High Courts may also be appointed for tenure of less than 2 years (in context of Article 224) even if the pendency is more than 2 years as was disputed in S.P. Gupta v. Union of India case. • Along with this it was held that the process of appointing HC judges needs to be done expeditiously. Article 217 - Deals with the appointment and conditions of the office of a Judge of a High Court (1) Every Judge of a High Court shall be appointed by the President … and shall hold office, in the case of an additional or acting Judge, as provided in Article 224, and in any other case, until he attains the age of sixty two years. (2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and (a) Has for at least ten years held a judicial office in the territory of India; or (b) Has for at least ten years been an advocate of a High Court or of two or more such Courts in succession. Article 224- Deals with appointment of additional and acting Judges. (1) Additional Judges Any temporary increase in the business of High Court or by reason of arrears of work… the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specify. (2) Acting Judge Absence of or inability to perform duties by any Judge of a HC other than the Chief Justice the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties (3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of sixty two years. Article 224 A- Appointment of retired Judges at sittings of High Courts (Ad-hoc Judges) by the Chief Justice of HC for any State with the previous consent of the President.

Answer 14

Why in News? The High-Level Committee, under the Chairmanship of Justice B. N. Srikrishna, to review the institutionalization of arbitration mechanism and suggest reforms thereto has submitted its report recently. New Delhi International Arbitration Centre (NDIAC) Bill 2018 was recently introduced in Lok Sabha. A new institution — New Delhi International Arbitration Centre (NDIAC) — is proposed to be set up for better management of arbitration in the country. The committee had recommended that International Centre For Alternative Dispute Resolution (ICADR), which was set up in 1995, should be taken over with complete revamp of its governance structure. Tools of Alternative Dispute Redressal • Arbitration is a process in which a neutral third party or parties render a decision based on the merits of the case. o It can start only if there exists a valid arbitration agreement between the parties prior to the emergence of the dispute. • Mediation aims to facilitate the development of a consensual solution by the disputing parties. o It is overseen by a non-partisan third party - the Mediator. The authority of the mediator vests on the consent of the parties that he should facilitate their negotiations. • The ICADR is an autonomous organization with its headquarters at New Delhi. The Regional Centres of ICADR are fully funded and supported by the respective State Governments. • It was set up by the Department of Legal Affairs as an autonomous body registered under the Societies Registration Act, 1860. • The Minister for Law & Justice is the Chairman of ICADR. Its main object is to promote popularise and propagate Alternative Dispute Resolution to facilitate early resolution of disputes to reduce the burden of arrears in the Courts. • Conciliation is a process by which resolution of disputes is achieved by compromise or voluntary agreement. o In contrast to arbitration, the conciliator does not render a binding award. The parties are free to accept or reject the recommendations of the conciliator. • The Arbitration and Conciliation (Amendment) Act, 2015 envisages various ways to encourage foreign investment by projecting India as an investor friendly country having a sound legal framework and ease of doing business in India. • Article 39A of the Constitution of India provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes. • Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on a basis of equal opportunity to all. • National Legal Service authority (NALSA) - It has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes. National Legal Services Authority was constituted on 5th December, 1995. It issues guidelines for the State Legal Authorities to implement the legal programs and schemes through the country. • Gram Nyayalaya - mobile village courts in India established under Gram Nyayalayas Act, 2008 for speedy and easy access to justice system in the rural areas of India. In terms of Section 3(1) of the the Act, it is for the State Governments to establish Gram Nyayalayas in consultation with the respective High Courts.

Answer 15

Why in News? Law Commission of India (LCI), in its 272nd report, has laid out a detailed procedure for improving the working of the tribunal system in the country. What are Tribunals? • ‘Tribunal’ is an administrative body established for the purpose of discharging quasi-judicial duties. • An Administrative Tribunal is neither a Court nor an executive body rather a midway between the two. • Tribunals function as an effective mechanism to ameliorate the burden of the judiciary. • The Tribunal has to observe the principles of natural justice or act in accordance with the statutory provisions under which the Tribunal is established. Tribunals in India • On recommendation of Swaran Singh Committee, the 42nd Amendment Act of 1976 provided for the insertion of Articles 323-A and 323-B in the Constitution. o Article 323A deals with administrative tribunals. o Article 323B deals with tribunals for other matters. • The Administrative Tribunals Act, 1985- An Act to provide for the adjudication by Administrative Tribunals of disputes with respect to recruitment and conditions of service of persons appointed to public services. • In Chandra Kumar case, 1997 SC held restrictions on jurisdiction of high courts as unconstitutional and laid down that appeals against orders of CAT shall lie before the division bench of concerned high court.

Answer 16

Why in news? In order to make legal aid easily accessible to the marginalized communities and citizens living in rural areas, Government of India has launched the ‘Tele-Law’ pilot project on June 11, 2017. Details Union Ministry of Law and Justice has partnered with the Ministry of Electronics and Information Technology, to provide legal aid services through its Common Service Centres (CSC) at the Panchayat level across India. • In the first phase, ‘Tele-Law’ scheme will be tested as a pilot across 500 CSCs in UP and Bihar to understand the challenges and make necessary corrections before it is scaled up and rolled out across the country. • A portal called ‘Tele-Law’ will be launched, which will be available across the CSC network. It will enable people to seek legal advice from lawyers through video conferencing. • Law school clinics, District Legal Service Authorities, voluntary service providers and NGOs working on legal aid can also be connected through the CSCs in order to strengthen access to justice for the marginalized. The National Legal Services Authority (NALSA) will also provide a panel of lawyers from State capitals. • A fully functional monitoring and evaluation system is also being designed that will help to assess the quality of legal advice. • Every CSC will engage a Para Legal Volunteer (PLV), who will be the first point of contact for the rural citizens. Para Legal Volunteers • They will be the first point of contact for the rural citizens and will help them in understanding the legal issues, explain the advice given by lawyers and assist in further action required. • Women PLVs will be encouraged and trained under the Scheme. The aim is to promote women entrepreneurship and empowerment and ensure women participation

Answer 17

It is a web-based initiative which can be accessed through the website www.doj.gov.in. • Litigants who cannot afford legal services can apply for legal aid and advice from pro bono lawyers. • The idea behind this online initiative is to promote the concept of legal aid in an institutionalized manner and ensure that those lawyers who volunteer for such services are duly recognized.

Answer 18

It aims to reduce pendency of cases across selected districts, with a special focus on those pending for more than 10 years. • This scheme would play a pivotal role in assisting litigants who are suffering due to delay in investigation or trial, by actively identifying such cases through the National Judicial Data Grid, providing legal advice and connecting litigants to government agencies and civil society organizations. • This initiative would be launched in 227 districts—27 districts in the North-east and J&K and 200 in Uttar Pradesh, Bihar, Maharashtra, Rajasthan, Odisha, Gujarat, West Bengal.

Answer 19

• It is being implemented by Department of Justice and United Nation Development Programme (UNDP). The Access to Justice Project has already partnered with CSC-Egovernance Services India Limited to mainstream legal literacy through CSCs in Jharkhand and Rajasthan. • Importance: Using technology for providing access to justice is in tandem with the Digital India initiative, the primary focus being transparency, good governance and digital delivery of services.

Answer 20

• It was set up in 2011 with twin objectives of increasing access by reducing delays and arrears in the system and enhancing accountability through structural changes and by setting performance standards and capacities • The mission has been pursuing co-ordinated approach for phased liquidation of arrears and pendency in judicial administration. • Its advisory council is Chaired by the Union Minister of Law and Justice.

Answer 21

Why in news? • The 'Integrated Case Management Information System' (ICMIS) has been introduced in the apex court for digital filing. Functions of ICMIS • Its functions include the option of e-filing cases, checking listing dates, case status, online service of notice/summons, office reports and overall tracking of progress of a case filed with the apex court registry. It will operate as an online gateway for payment of court fee and process fee, an online court fee calculator

Answer 22

Why in News? Recently the Prime Minister talked about the importance and the contribution of the Cooperative Sector in Indian society. Cooperative Movement in India is one of the biggest cooperative movements in the World with over 8 Lakh Cooperative Societies in India. Constitutional Provisions- • Part IV, Article 43 as a Directive Principle which enjoins the State Government to promote cottage industry on an individual or cooperative basis in rural areas. • It is a State Subject under entry No.32 (7th schedule) of the State List of the Constitution of India. Committees appointed to go into various issues of cooperatives • All-India Rural Credit Survey Committee Report (1954) • Choudhary Brahm Prakash Committee (which proposed a model law) (1990) • Mirdha Committee (1996) • Jagdish Kapoor Committee (2000) • VikhePatil Committee (2001) and • V. S. Vyas Committee (2001 and 2004) These Committees strongly advocated the need to replace the existing government dominated cooperative laws by a new people centric legislation. Cooperative Movement • A cooperative is an autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through a jointly owned and democratically controlled enterprise. • Cooperatives as business enterprise possess some basic interests such as ownership and control but these interests are directly vested in the hands of the user. • Therefore, the need for profitability is balanced by the needs of the members and the wider interest of the community. • Government of India announced a National Policy on Co-operatives in 2002. The ultimate objective of the National Policy is too Provide support for promotion and development of cooperatives o Reduction of regional imbalances o Strengthening of cooperative education, training and human resource development 97th Amendment Act - It involves three insertions to the Constitution- • Article 19(1)(c) that ensures that cooperative societies are explicitly recognised as one of the forms of associations that come within the right of citizens to organise themselves as part of the fundamental right to association. • Article 43B that exhorts the state to promote voluntary formation and autonomous functioning of coops. It also asks the state to promote democratic control and professional management of coops. • A whole chapter in the form of IX B that is extremely prescriptive of what sort of law each state should have for cooperatives. The prescriptions includes the creation of an authority to conduct coop elections and provides for the power to supersede the Board of coops that have Government shareholding or loan or financial assistance or guarantee.

Answer 23

Why in News? A recent High Court judgement overturned the Central Information Commissioner’s order regarding SC rules being inconsistent with RTI Act. Judiciary and RTI • Numerous petitions seeking information from the court under RTI are asked to be applied under SC rules. Apart from this various courts have also framed their own rules under which various regulations. • Further, although the courts were included in the definition of Public Authorities (section 2 (h)) most of the HCs did not even appoint Public Information Officers (PIOs) even months after this act came to force which denied people their right to information. • In sum, the Judiciary Rules allowed the judiciary to provide information at its unquestionable discretion, violating the text and spirit of the RTI. • On the other hand, the RTI Act does not permit any appeals to be entertained by any court under Section 23. Nevertheless, the contradiction arises from the fact that the Indian Constitution gives powers to the Supreme Court and the high courts that override any statute. Section 23 of RTI Act- forbids courts from entertaining “any suit, application or other proceeding in respect of any order made under this Act”. Information related to following is exempted under RTI • National security or sovereignty • National economic interests • Relations with foreign states • Law enforcement and the judicial process • Cabinet and other decision making documents • Trade secrets & commercial confidentiality • Individual safety • Personal privacy • The Delhi High Court has unambiguously stated that the mere establishment of a body under a statute will not automatically render it a public authority for the purposes of the RTI Act. • Therefore, companies incorporated under the Companies Act, 1956, societies and trusts registered under laws providing for their creation and registration do not become public authorities merely by virtue of Section 2(h)(d) of the RTI Act. "Public authority" according to Section 2(h) of Right to Information Act, 2005 includes: • Any authority or body or institution of selfgovernment established or constituted o By or under the Constitution (or) o By any other law made by the Parliament or a State Legislature (or) o By notification issued or order made by the Central Government or a State Government • Bodies owned, controlled or substantially financed by the Central Government or a State Government. • Non-Government organisations substantially financed directly or indirectly by the Central Government or a State Government. Entities clearly treated as “public authorities” – • Constitutional authorities such as the Union and state executives, Union and state Council of Ministers, the President and Governors, Parliament and state legislatures, Election Commission, Comptroller and Auditor General of India, etc. • Bodies created by law made by Parliament or state legislatures, such as regulatory bodies (SEBI, RBI etc.), high courts, educational institutions created by law, etc. • Bodies created by notification or order of the appropriate government, such as Planning Commission, UIDAI, etc.

Answer 24

• Recently, one SC judgment suggested centre to frame a statutory law for regulating flow of Public Money to NGOs. Council for Advancement of People’s Action and Rural Technology (CAPART) • It chaired by the Union Minister for Rural Development, was launched for sustainable development of rural areas. • It is an autonomous body registered under the Societies Registration Act 1860. • It works as a nodal agency for catalyzing and coordinating the emerging partnership between voluntary organizations and the Government. • It also directed the government to audit nearly 30 lakh NGOs which receive public funds but do not explain their expenditure. • Thus, Centre framed new accreditation guidelines for NGOs and voluntary organisations in the country which are as follows: o Evaluating past track record of applicant and internal governance and ethical standard of the NGOs. o Their outcome evaluation through independent third parties and performance audit by the CAG o Prescribed procedure for recovery in case they fail to submit their balance sheets o The government and CAPART will not only blacklist such NGOs as earlier but also move to file civil suit for recovery of money siphoned off. Related information - About FCRA, 2010 • It regulates the acceptance and utilization of foreign contribution or foreign hospitality by certain individuals or associations or companies. • It prohibits acceptance and utilization of foreign contribution or foreign hospitality for any activities detrimental to national interest. • Funds can be collected only for research, training, awareness, rehabilitation and relief for victims of manmade and natural calamities, maintenance of buildings and real estate for philanthropic activities. FEMA and FCRA – presently, Home Ministry monitors foreign funds donated to NGOs and organisations through the FCRA. But for effective monitoring it also wants to monitor NGOs under FEMA (under finance ministry) as many International donors such as the Ford Foundation, Canada’s International Development Research Centre etc. are registered under it

Answer 25

Why in News? The government is considering revisiting the Malimath Committee report on reforms in the criminal justice system (CJS). Inquisitorial System • It is a legal system where the court or a part of the court is actively involved in investigating the facts of the case. • This is opposed to an adversarial system, usually followed in India, where the role of the court is primarily that of an impartial referee between the prosecution and the defence. Criminal Justice System • It refers to the agencies of government charged with enforcing law, adjudicating crime, and correcting criminal conduct. • It is composed of three components: police, courts, and prisons which are seen as interrelated, interdependent, and striving to achieve a unified goal. • The Indian Penal Code (IPC) 1860, the Code of Criminal Procedure (CrPC) 1973, along with parts of the Indian Evidence Act 1872, constitute Indian criminal law. A large number of special and local laws take care of various other antisocial activities. Some important recommendations of the Report • Borrowing from inquisitorial system in countries such as Germany and France. Also, the courts be bestowed with powers to summon any person — whether or not listed as a witness — for examination, if it felt necessary. • Right to silence- Article 20 (3) of the Constitution that protects the accused from being compelled to be a witness against himself/herself may be modified. The court be given freedom to question the accused to elicit information and draw an adverse inference against the accused in case the latter refuses to answer. • Police investigation- To improve the quality of investigations National Security Commission and State Security Commissions may be constituted. • Courts and judges- It specified the need for more judges in the country. o Further, the higher courts have a separate criminal division consisting of judges who have specialised in criminal law. o National Judicial Commission be constituted and Article 124 be amended to make impeachment of judges easier. Police Reforms Expert bodies that have examined police reforms are- • National Police Commission (1977-81) • Ribeiro Committee (1998) Padmanabhaiah Committee (2000) • Malimath Committee (2002-03) • Police Act Drafting Committee (2005) • SC directions in Prakash Singh Case (2006) • Second ARC (2007) • Police Act Drafting Committee II (2015)

Answer 26

Why in news? The Centre has decided to provide citizenship to Chakma (Buddhist) and Hajong (Hindus) Refugees as per Supreme Court's 2015 order. Background • The Chakmas and Hajongs are ethnic people who lived in the Chittagong Hill Tracts, most of which are located in Bangladesh. • They had to leave their homeland bordering India and Myanmar because of Kaptai dam project in 1960s. • They allegedly faced religious persecution and entered India through Lushai Hills district of Assam (now Mizoram) • The Centre had moved majority of them to North Eastern Frontier Agency (now Arunachal Pradesh).

Answer 27

Why in News? The government has recently proposed certain changes in Citizenship Rules through The Citizenship Amendment Bill, 2016. Indian Citizenship • Indian Citizenship Act 1955: the criteria of Indian Citizenship are Birth, Descent, Registration (PIO and OCI) and Naturalisation (rendered distinguished services). • The Citizenship Amendment Act, 2015: The schemes for Person of Indian Origin (PIO) and Overseas Citizen of India (OCI) got merged into Overseas Citizen of India Cardholder (OCC). • The Citizenship (Amendment) Bill 2016 to make illegal immigrants (except Muslims) from Afghanistan, Bangladesh, and Pakistan eligible for citizenship is still pending. Background • The original Citizenship Act, passed in 1955, defines the concept of Indian citizenship and lists out ways to acquire the same, explicitly denying citizenship to all undocumented migrants. • As per this law the citizenship can be acquired on following grounds: o Being born in the country, or o Being born to Indian parents, or o Having resided in the country over a period of time. • The act prohibits illegal migrants from acquiring Indian citizenship. • Under the Foreigners Act 1946, and Passport Entry into India Act, 1920, illegal migrants may be imprisoned or deported. Features of Amendment • It deals with two categories of peopleo Illegal immigrants o Overseas Cardholders • It makes illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, eligible for citizenship. • Now they cannot be imprisoned or deported on not having valid papers. • The bill widens the ground for the cancellation of an OCI registration by the Central Government, i.e. if a person violates any law in force in the country. • The eligibility criteria has been reduced from 12 years to 7 years for citizenship by naturalisation. Who is an illegal migrant? Illegal migrant is a foreigner who either: • Enters the country without valid travel documents • Enters with valid documents but stays beyond the permitted time. Who are Overseas Citizens of India? • OCIs are foreigners who are persons of Indian origin. For example, they may have been former Indian citizens or children of current Indian citizen. They enjoy various rights like to travel to India without visa. • Overseas Citizenship of India (OCI) Scheme was introduced by amending the Citizenship Act, 1955 in August 2005

Answer 28

Why in news? • Educational trusts and societies seeking minority status will now be required to register as non-governmental organisation with the NITI Aayog, whether they are seeking government aid or not. National Commission for Minority Educational Institutions (NCMEI) • National Commission for Minority Educational Institutions is a statutory body under NCMEI Act, 2005. • Commission is a quasi-judicial body and has been endowed with the powers of a Civil Court. • It is to be headed by a Chairman who has been a Judge of the High Court and three members are to be nominated by Central Government. • The Commission is mandated to look into specific complaints regarding deprivation or violation of rights of minorities to establish and administer educational institutions of their choice. Rights of Minorities under Indian Constitution Apart from rights under common domain such as right to equality (Article 14, 15, 16) and right to freedom of religion (article 25-28) other minority rights are: • Obligation of State ‘to promote with special care’ the educational and economic interests of ‘the weaker sections of the people [Article 46] • Citizens’ duty to promote harmony and the spirit of common brotherhood amongst all the people of India ‘transcending religious, linguistic and regional or sectional diversities and to value and preserve the rich heritage of our composite culture [Article 51A] • Right of ‘any section of the citizens’ to ‘conserve’ its ‘distinct language, script or culture’; [Article 29(1)] • Restriction on denial of admission to any citizen, to any educational institution maintained or aided by the State, ‘on grounds only of religion, race, caste, language or any of them’; [Article 29(2)] • Right of all Religious and Linguistic Minorities to establish and administer educational institutions of their choice;[Article 30(1)] • Freedom of Minority-managed educational institutions from discrimination in the matter of receiving aid from the State;[Article30(2)] • Provision for a Special Officer for Linguistic Minorities and his duties; and [Article 350 B] • Sikh community’s right of ‘wearing and carrying of kirpans; [Explanation 1 below Article 25]

Answer 29

Why in News? Meghalaya became the first state in India to operationalise a social audit law- ‘The Meghalaya Community Participation and Public Services Social Audit Act, 2017’. Audit of local self-government institutions is a States subject and the primary (external) audit of PRIs and ULBs is with the State Local Funds Audit Department (LFAD), or with the designated auditors as specified in the State laws. What is Social Audit? • Social audits refer to a legally mandated process where potential and existing beneficiaries evaluate the implementation of a programme by comparing official records with ground realities. • The beneficiaries, implementing agency and the oversight mechanism come together and discuss at length about the implementation and progress of a particular programme. Importance of SA • Following the recommendations of 14th Finance Commission in regards to expansion in the role of PRIs, ULBs and other agencies, social audit becomes crucial as the CAG’s audit jurisdiction over such entities is nebulous. • The mechanism is well established providing direct evidence for inputs, processes, financial and physical reporting, compliance, physical verification, assurance against misuse, fraud and misappropriation, and utilisation of resources and assets. • Strengthening the democratic process – People directly observe the implementation of Government programmes in their region making the process participatory. This, in the long run, empowers the people and makes the process of development more inclusive. Limitations of Social Audit • The scope of social audits is intensive but highly localised and covers only certain selected aspects out of a wide range of audit concerns in the financial, compliance and performance audits. • The monitoring through social audits is informal and unprocessed with limited follow-up action.

Answer 30

• It was set up in 2013 under cabinet secretariat and is presently functioning under PMO since 2015. • It is an institutional mechanism for resolving a variety of issues including fast tracking of approvals for setting up an expeditious commissioning of large Public, Private and PPP projects. • It is monitoring the development and operation of online digital platforms by various ministries and departments through its web portal e-nivesh monitor. • The portal tracks all digitalized proposals starting form from the online submission till clearance by pulling the information from various ministries/departments, etc

Answer 31

Why in News? • Recently, Public Affairs Index 2017 came out which ranked the Indian states in terms of various parameters like governance, physical and social infrastructure etc. Background • It was started in 2016 by Public Affairs Centre (PAC), India. PAC, headquartered in Bangalore, is a not for profit think tank which aims to improve the governance in India. • The survey has been based on 10 themes, 26 focus subjects and 82 indicators. Findings • Kerala and Tamil Nadu have maintained their first and second position as in 2016 in 2017 followed by Gujarat, Karnataka and Maharashtra. • The last four positions are with Assam, Odisha, Jharkhand and Bihar.

Answer 32

Why in news? Recently the Corruption Perception Index was released by Transparency International. Transparency International • It is a global civil society organization leading the fight against corruption. It is based in Berlin, Germany. • It also publishes Global Corruption Barometer. About Corruption Perception Index • The index ranks 180 countries and territories by their perceived levels of public sector corruption according to experts and businesspeople on a scale of 0 to 100, where 0 is highly corrupt and 100 is very clean. • The latest Index is an analysis on the relationship between corruption and freedom of the press, association and expression. The report also found that the countries with least protection for press and NGOs tend to have the worst rates of corruption. Findings of the Report • The index has found that more than twothird of the countries have scored below 50 with an average score of 43. • India ranked 81st with a score of 40. The list was topped by New Zealand with Somalia ranking lowest. • Sub-Saharan Africa and Eastern Europe and Central Asia are the regions with worst performance.

Answer 33

Why in news? A new training programme Comprehensive Online Modified Modules on Induction Training (COMMIT) for State Government officials has been launched. Objective: To improve the public service delivery mechanism and provide citizen centric administration through capacity building of officials who interact with the citizens on day-today basis. Details The COMMIT programme has been developed by DoPT in collaboration with United Nations Development Programme (UNDP). It will supplement the existing ITP (Induction Training Program) launched in 2014-15 for newly recruited state Government officials to develop in them Generic & Domain specific competencies.