Acts Flashcards

1
Q

The Election Laws Amendment Bill, 2021 seeks to amend ___

A

Representation of People Act 1950 and 1951

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

why will Section 23 of the RP Act 1950 be amended

A

to allow voluntary linking of voters roll with aadhar

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

why does it seek to amend section 14 of rp act 1950

A

to introduce 4 qualifying dates, 1 jan, 1 april, 1 july, 1 october

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

why does it want to change sec 20 of rp act 1950 and sec 60 of rp act 1951

A

to make it gender neutral for service voter and bring a change from wife to spouse for husbands of female army officers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

This linking of the Aadhar card with the electoral role is in consonance with 105th report of the ____________

A

Department Related Parliamentary Standing Committee on Personal, Public Grievances and Law and Justice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

the UP anti conversion law is called

A

Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2021 , following from the prohibition of unlawful religious conversion ordinance 2020

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

how many cases has up registered under the ordinance

A

108

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

how many people were arrested and how many people were charged (chargesheet filed)

A

189 arrests and 72 chargesheets filed

31 accused were minors

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

how many victims have said they were forced to convert

A

77

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

under the law, unlawful conversion is a ___________ offence

A

non-bailable offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

the onus of proof lies on

A

the defendent (must prove they are not guilty)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

the notice period for religious conversion must be sent to

what is the notice period

A

DM

notice period - two months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

the notice period for religious conversion must be sent to

what is the notice period

A

DM

notice period - two months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

if a woman has converted for the sole purpose of ________, __________ would be declared null and void

A

marriage, marriage is voided

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Violation of the provisions of the law would invite a jail term of not less than _____ extendable to ____ with a fine of ₹15,000.

A

one year to five years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

If a _________________________________________- was converted through the said unlawful means, the jail term would be a minimum of three years and could be extended to 10 years with a fine of ₹25,000.

A

minor woman or a woman from the Scheduled Caste or Scheduled Tribes communities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

cancellation of registration of social organisations conducting ____________________

A

mass conversions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

cancellation of registration of social organisations conducting ____________________

A

mass conversions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

the Allahabad high court said in a verdict (Salamat Ansari-Priyanka Kharwar case) that

A

the right to choose a partner or live with a person of choice was part of a citizen’s fundamental right to life and liberty.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

which FRs does the law stand in contention with

A

Article 21 of the constitution which guarantees individuals the right to marry a person of one’s choice.

under Article 25, freedom of conscience, the practice and conversion of religion of one’s choice including not following any religion, are also guaranteed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

the law employs the use of open-textured phrases such as

A

“undue influence”, “allurement” and “coercion”.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

what was the first bill introduced in the parliament ot regulate religious conversions and when was it done

A

Indian Conversion (Regulation and Registration) Bill was introduced in 1954, which sought to enforce “licensing of missionaries and the registration of conversion with government officials”. This bill failed to gather majority support in the Lok Sabha.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Backward Communities (Religious Protection) Bill in 1960

A

“which aimed at checking conversion of Hindus to ‘non-Indian religions’ which, as per the definition in the Bill, included Islam, Christianity, Judaism and Zoroastrianism”.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

The Freedom of Religion Bill was introduced in Parliament in 1979.

A

It sought “official curbs on inter-religious conversion.” These bills were also not passed by Parliament due to a lack of political support.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

In 2015, the Union law ministry had given the opinion that a law against forced and fraudulent conversions

A

could not be created at a national level, since law-and-order is a State subject under the Constitution.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

what are some princely states that enforced anti-conversion laws “in an attempt to preserve Hindu religious identity in the face of British missionaries”

A

including but not ltd to Kota, Bikaner, Jodhpur, Raigarh, Patna, Surguja, Udaipur, and Kalahandi

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

what were the first states to implement ‘freedom of religion’ laws

A

orissa and MP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

how many states have anti-conversion laws

A

10

Arunachal Pradesh, Odisha, Madhya Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, and Uttarakhand, UP, Karnataka (last, dec 2021)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

in which case did the supreme court hold that the right to propagate religion does not include the right to convert

A

Rev Stanislaus vs Madhya Pradesh, 1977

used by the state in its argument for the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Right to convert is part of fundamental right of choice was held in

A

Hadiya case
2018

Full case name Shafin Jahan v. Asokan K.M & ORS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

which act described by the allahabad hc as ‘one of the earliest endeavours towards the ucc’ and allows for secular solemnization of marriage without any religious customs

A

special marriage act 1954

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

in january 2021, the Allahabad High Court has struck down the provisions under Section ________ of the

A

5

Special Marriage Act that required parties to give a 30-day mandatory public notice of their intention to marry.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

The Special Marriage Act is a central legislation made to validate and register interreligious and inter-caste marriages in India.
It allows two individuals to solemnise their marriage through a ____________

A

civil contract.

32
Q

The Special Marriage Act is a central legislation made to validate and register interreligious and inter-caste marriages in India.
It allows two individuals to solemnise their marriage through a ____________

A

civil contract.

33
Q

Section 4 of the SMA, 1954

A

lays down the conditions for marriage

It says that neither of the parties should have a spouse living.
Both the parties should be capable of giving consent; should be sane at the time of marriage.
The parties shall not be within the prohibited degree of relations as prescribed under their law.
While considering the age, the male must be at least 21 and the female be 18 at least.

34
Q

Section 6

A

Anyone having any objection to the marriage can file against it within a period of 30 days(after notice is issued). If any such objection against the marriage is sustained by the marriage officer, the marriage can be rejected.

35
Q

The HC made it optional for the parties to the intended marriage to make a request in writing to the Marriage Officer to publish or not to publish a notice under __________ of the Act of 1954.

A

Section 5 and 6

Publishing marriage details made optional

36
Q

to whom is the SMA act applicable

A

indian citizens and indian nations living abroad (NRIs)

Indian national means a citizen of India and includes a firm or other association, if all the members of the firm or, as the case may be, the members of the association, are citizens of India;

37
Q

NDPS

A

Narcotic Drugs and Psychotropic Substances Act, 1985

prohibits a person the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance.

38
Q

the NDPS amendment bill 2021 seeks to replace

A

an ordinance promulgated on September 30 this year.

39
Q

why was the ordinance promulgated

A

The bill was introduced by the government to rectify an error that made provisions in Section 27A of the Act — providing for punishment of those financing illicit trafficking and those harbouring offenders

the Act was amended in 2014 to ease access of narcotic drugs for medical necessities, but the penal provision was not amended accordingly.

40
Q

who pointed out this discprepancy

A

In June 2021, the Tripura High Court found the oversight in the law and directed the Union Home Ministry to amend the provisions of Section 27.

41
Q

who introduced the bill

A

nirmala sitharaman

42
Q

the ‘clerical error’ has caused the sec 27a to become inoperable

A

The text of the provision says that offences mentioned under Section 2 (viiia) sub-clauses i-v are punishable through Section 27A.
However, Section 2 (viiia) sub-clauses i-v, which is supposed to be the catalog of offences, does not exist after the 2014 amendment. (it has accidentally been made blank when publishing)
So, if Section 27A penalises a blank list or a non-existent provision, it can be argued that it is virtually inoperable.

43
Q

what is the change made in act

A

the list of punishable activies under clause (viiia) of section 2 by section 27a was moved to clause (viiib) of section 2 by the 2014 amendment but the the writing continued to remain for penalties for activities under clause (viiia) of section 2 which is essentially a blank list after the amendment

thus now the writing will be changed to clause (viiib) of section 2

44
Q

section 27

A

The provision reads that whoever indulges in financing, directly or indirectly, any of the activities specified in sub-clauses (i) to (v) of “clause (viiia)”* of section 2 or harbours any person engaged in any of the aforementioned activities shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

changed to (viib)*

45
Q

sec 27 punishment

A

10 to 20 years

1 to above 2 lakhs fine

46
Q

what was defined by the amendment of 2014

A

‘essential drugs’

to make easy access to medical drugs

47
Q

The new provision is giving retrospective effect from

A

1st May 2014.

48
Q

the retrospective effect of the amendment is in violation of / contention with article —- of the constitution

A

article 20 specifically clause (1)

(1) ex post facto laws
(2) double jeopardy
(3) self-incrimination

49
Q

International Day against Drug Abuse and Illicit Trafficking.

A

June 26

was chosen by the UN General Assembly, on December 7, 1987, as International Day against Drug Abuse and Illicit Trafficking.

50
Q

retrospective laws are not applicable for

A

criminal laws

51
Q

what is the jurisdiction of the NDPS act

A

all of india
NRIs
all persons aboard india registered ships and aircraft

51
Q

what is the jurisdiction of the NDPS act

A

all of india
NRIs
all persons aboard india resgistered vehicles

51
Q

what is the jurisdiction of the NDPS act

A

all of india
NRIs
all persons aboard india resgistered vehicles

51
Q

what is the jurisdiction of the NDPS act

A

all of india
NRIs
all persons aboard india resgistered vehicles

51
Q

what is the jurisdiction of the NDPS act

A

all of india
NRIs
all persons aboard india resgistered vehicles

52
Q

what is the jurisdiction of the NDPS act

A

all of india
NRIs
all persons aboard india resgistered vehicles

53
Q

how many times has the ndps act been amended

A

3 times

1988
2001
2014

54
Q

it provides ___________ in some cases where the person is a repeat offender

A

death penalty

55
Q

property derived from or used in illicit traffic of narcotic drugs and psychotropic substances can be

A

forfeited

56
Q

as the ndps bill been passed

A

yes

57
Q

___________ prohibits a person from producing, possessing, selling, purchasing, transporting, storing, and/or consuming any narcotic drug or psychotropic substance.

A

NDPS Act

58
Q

NCB

A

The Narcotics Control Bureau is an Indian central law enforcement and intelligence agency under the Ministry of Home Affairs, Government of India. The agency is tasked with combating drug trafficking and the use of illegal substances under the provisions of Narcotic Drugs and Psychotropic Substances Act.
statutory body
parent organization: ministry of home affairs

59
Q

The Narco-Coordination Centre (NCORD) was constituted in _______________ and the scheme of “Financial Assistance to States for Narcotics Control” was revived.

A

2016

60
Q

Seizure Information Management System (SIMS)

A

Seizure Information Management System: Narcotics Control Bureau has been provided funds for developing a new software i.e. Seizure Information Management System (SIMS) which will create a complete online database of drug offences and offenders.

61
Q

National Drug Abuse Survey:

A

The government is also conducting a National Drug Abuse Survey to measure trends of drug abuse in India through the Ministry of Social Justice & Empowerment with the help of National Drug Dependence Treatment Centre of AIIMS

62
Q

National Drug Abuse Survey:

A

The government is also conducting a National Drug Abuse Survey to measure trends of drug abuse in India through the Ministry of Social Justice & Empowerment with the help of National Drug Dependence Treatment Centre of AIIMS

63
Q

Project Sunrise:

A

It was launched by the Ministry of Health and Family Welfare in 2016, to tackle the rising HIV prevalence in north-eastern states in India, especially among people injecting drugs.

64
Q

‘Nasha Mukt Bharat Abhiyaan’

A

The ‘Nasha Mukt Bharat Abhiyaan’ or a ‘Drugs-Free India Campaign’ was flagged off on 15th August 2020 across 272 districts of the country found to be most vulnerable based on the data available from various sources.

Nasha Mukt Bharat: Government has also announced the launch of the ‘Nasha Mukt Bharat’, or Drug-Free India Campaign which focuses on community outreach programs.

65
Q

Darknet

A

refers to the hidden internet platform used for narcotics sale, exchange of pornographic content and other illegal activities by using the secret alleys of the onion router (ToR- a free and open-source software for enabling anonymous communication) to stay away from the surveillance of law enforcement agencies.

65
Q

National Policy on Narcotic Drugs and Psychotropic Substances is based on

A
article 47 (dpsps 36 to 51)
The National Policy on Narcotic Drugs and Psychotropic Substances is based on Article 47 of the Indian Constitution which directs the State to endeavour to bring about prohibition of the consumption, except for medicinal purposes, of intoxicating drugs injurious to health.
66
Q

Drug abuse control is the responsibility of the __________-government.

A

central

Narcotics Control Bureau or NCB is an Indian Central Law Enforcement and Intelligence Agency

67
Q

Motto and number of employees

A

Its motto is Intelligence Enforcement Coordination.

1001 employees

68
Q

HQ and agency executive

A

Agency Executive is Satya Narayan Pradhan, IPS, Director General.

New Delhi

69
Q

1988 NCB amendment was made to

A

to fulfil India’s obligations under Single Convention on Narcotic Drugs, Convention on Psychotropic Substances and also United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

70
Q

NCB is outside the purview Right to Information Act under _______________of the RTI Act 2005.

A

Section 24(1)

71
Q

field units of the Narcotics Control Bureau are located in

A

Mumbai, Indore, Kolkata, Delhi, Lucknow, Jodhpur, Chandigarh, Jammu, Ahmedabad, Bengaluru, Guwahati and Patna.

72
Q

Section 24(1) of the RTI Act 2005.

A

provisions of the RTI Act will not apply to Intelligence and Security organisation except in cases of alleged Human rights violation and/or Corruption

73
Q

law minister

A

kiren rijiju