INDIA LEGISLATIVE HISTORY AND ORIGINS Flashcards

1
Q

What type of republic is India governed by?

A

A federal republic governed by a parliamentary system.

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2
Q

What document provides the framework for the division of powers between the central government and the states?

A

The Constitution of India.

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3
Q

What are the responsibilities of the Central Government in India?

A

National defense - foreign affairs - and overall economic policy.

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4
Q

What are the responsibilities of the State Governments in India?

A

Local governance - including law enforcement and education.

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5
Q

What is the structure of the Judiciary in India?

A

An independent judiciary with the Supreme Court at the apex - followed by High Courts in states and subordinate courts at the district level.

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6
Q

How have social attitudes toward privacy in India evolved?

A

Significantly with the advent of digital technology and social media.

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7
Q

What are the key factors influencing social attitudes toward privacy in India?

A

Public Awareness - Cultural Factors - and Digital Literacy.

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8
Q

What is the Credit Information Companies (Regulation) Act of 2005?

A

An act that regulates credit information companies - ensuring responsible collection - processing - and sharing of credit data.

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9
Q

What consumer rights are provided by the Credit Information Companies (Regulation) Act of 2005?

A

Right to access their credit information and dispute inaccuracies.

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10
Q

Does the Constitution of India contain any express provisions on the right to privacy?

A

No - it is implicit in two fundamental rights: Article 19(1)(a) and Article 21.

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11
Q

What are the reasonable restrictions under Article 19(2) in the Constitution of India?

A

State can impose reasonable restrictions in the interest of sovereignty - security - friendly relations with foreign states - public order - decency - morality - contempt of court - defamation - and incitement to an offense.

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12
Q

What does Article 21 of the Indian Constitution guarantee?

A

The right to life and personal liberty - which includes the right to privacy.

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13
Q

What does the Right to Information Act of 2005 promote?

A

Transparency and accountability by empowering citizens to request information from public authorities.

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14
Q

What does the Protection of Human Rights Act 1993 - establish?

A

The National Human Rights Commission (NHRC) and State Human Rights Commissions to investigate human rights violations - including breaches of privacy.

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15
Q

What was the significance of the 2017 Supreme Court Judgment on the Right to Privacy?

A

Recognized the right to privacy as a fundamental right under Article 21.

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16
Q

What are the implications of the 2017 Supreme Court Judgment on the Right to Privacy?

A

Wide-ranging implications for data protection - surveillance - and the Aadhaar system - emphasizing the need for a robust legal framework to protect personal data and privacy.

17
Q

What is the purpose of the Data Protection Bill of 2019?

A

To provide a comprehensive data protection framework addressing data localization - data processing - and individual rights over personal data.

18
Q

How is India’s data protection regime influenced?

A

By international frameworks such as the EU’s General Data Protection Regulation (GDPR) and guidelines from the International Organization for Standardization (ISO).

19
Q

What practical considerations should be taken for compliance with data protection laws?

A

Data Audits - Privacy Policies - Employee Training - and Technological Measures.