June CA Flashcards
> CENTRAL INFORMATION COMMISSION
Formed year ?
Genesis in year ? Case ?
2005
in 1986 through Mr. Kulwal v/s
Jaipur Municipal Corporation case, in which SC directed that freedom of speech and expression provided under Article 19 implies RTI
RTI act 2005 replaced which act
Freedom of information act 2002
How many information commissioners in CIC ?
1 chief ic
Not more than 10 ic
Who appoints the CIC and ic?
President on the recommendation of committee comprising PM -chairperson
leader of opposition
Cabinet minister nominated by PM
Initiatives taken to improve functioning of CIC?
E-portal
E-governance
Nfcic
RTi amendment Bill 2019
Issues with CIC?
CIC - poor record management - pendency- vacancy _ lack of training _ rules 2019
What is judicial accountability
Making judges and courts personally os institutionally responsible for behaviours and actions contrary to the constitution.or legal standards
Which high court became fast to publish an annual report
Odisha HC
Article—— provides for control of high court over subordinate judiciary
- clearly indicating the provision of an effective mechanism to enforce accountability.
Issues with judicial accountable in India?
Collegium system
Corruption, post retirement jobs
Lack of transparency
Judicial overreach _ scrapping njac
Information asymmetry - judiciary outside RTI act
Pendency
Latest data of pendency in judiciary
Pendency across all courts increased by 2.8 % between 2010 and 2020
Provisions highlighting judicial independenc
Security of tenure,
no discussion on conduct of judges in
Parliament,
Prohibition on practice after retirement.
Steps taken to promote Judicial Accountability
1 . inhouse procedure - for misconduct
2. Memorandum of procedure 2016- appointments,secretariat
3.Judicial - STDs and acutely Bill 2020 - asset declare, procedure of removal by parliament
5. Bangalore principles of judicial conduct was adopted in 2002.
4. Use of tech - LIMBS
Expression PIL has been borrowed from
American jurisprudence
PIL concept introduced by _____ in year ____
Justice Krishna Iyer in 1976
First ever reported PIL in year _ by-
- Hussainarakhatoon US state of Bihar inhumane conditions o prisons and undertrials
Who is the father of PIL in India?
Justice Bhagwati
PIL movement period started in 1981
Which article of the constitution is PIL based on?
Art 39 A
state secures and provides justice without any discrimination based on caste, religion, creed etc.
What are some of the supreme Court landmark judgements on PIL?
• SP Gupta v. Union of India, 1981: Any member of public or NGO acting bonafide, can invoke writ jurisdiction of HC or SC under Article 226 or 32 respectively, seeking redressal against violation of legal or constitutional rights of persons who due to social or economic or any other disability cannot approach the Court.
M.C Mehta v. Union of India, 1987: PIL brought against Ganga water pollution, although not the riparian owner can move court
Indian Banks’ Association, Bombay & Ors. v. M/s Devkala Consultancy Service and Ors, 2004 -private interest case can also be treated as public interest case.
What is the international law related to hate speech ?
International covenant on civil and political rights
What are legislation’s related to Hate speech ?
Art 19(2). Freedom of speech with reasonable restriction preserving “ public order, decency or morality “
Indian penal Code 1860 - section 153A , 153 B, 298 - dealing with creating mischief, outraging religious beliefs, or causing imputations to national integration.
Rep of people act 1951- disqualifies person ferm contest election if convicted for hate speech
Protection of civil right act 1955- sec7-penalises
IT ACT
What are supreme court’s views in hate speech?
Pravasibhalaisangathen vs Union of India _ petitioner says need stricter legislation. SC says just implementation of present legislation is enough. Between
Shreya Singhal vs Union of India _ SC differentiates between discussion and incitement.
Recent happenings on hate speech ?
Twittr account of Donald trump reinstated by musk
Alt News founder on Nobel pace price unofficial shortlist
India has made most information requests to Twitter on journalists & news agencies last year
Twitter sued gout of India in uly over sweeping regulatory changes that give officials greater power to demand that tech platforms remove content or block accounts that are critical of Prime Minister Narendra Modi and his Hindu nationalist Bharatiya Janata Party.
Twitter flags bjp tweet as manipulated media
What does UN report say about internet shutdowns
Talks about impacts and gives recommendations to state , companies , development agencies and civil society
What are the provisions related to internet shutdowns in India?
Indian telegraph act 1885 - telecom services (public emergency and public safety 2017→up to 15 days at a time
Article 263 corresponding to? When was it established
Interstate council ,1990
Who recommended the creation of interstate councils? When
Sarkaríacommission in 1988
Explain the structure of interstate council ?
Chairman-pm
Members - CM of all states, CM of ut with legislation assem, administrator of ut without assembly , 6 cabinet ministers nominated by pm, 10 union ministers as permanent invitees
_____ schedule to the Constitution provides for allocation of
Rajya Sabha seats to the states and Union Territories, on the basis of the population of each state.
4th
Under ______, the 12 nominated members should
have special knowledge or practical experience in matters
like literature, science, art etc.
Article 80(3)
What is NeVA ?
Online platform providing work And data related to legislative -bodies in the country.for use qof both citizens And legislative members national e-vidhan application
is the nodal agency in the government to deal with issues related to the ELection commission
Legislative deep, min of law and justice
Legal basis of contesting in multiple seats.
Recent update ?
ROPA SECTION 33(7) -1 candidate can contest Max 2 ( till 1996 many were allowed )
Rope section 70 _ bars a candidate from representing 2 constituencies. Meaning he is mandated to vacate one
Reports and recommendations regarding contesting only from one constituency.
Dinesh Goswami committed repost 1990
170th law commissions report 1999
2022- chief election commissioner fresh push for amending ropa to bar people or hefty fine
What is RUPP ?
Registered unrecognised political parties
What is the latest about RUPP?
Ec deleted 111 nonexistent parties from list of registered parties
What is the schedule and amendment related to anti defection ?
10thschedule, 52nd amendment,1985(
What is e-governance?
Use of ICT at all levels govt to transform relations with citizens, businesses and other arms of govt
What is NeSDA ?
National e-govonance service delivery assessment report
Who constituted NeSDA
Dept of adminishatio reforms and publicgsievances -(min of personnel, public grievances & pension)
Which year was nesda constituted
2019
What are keyof highlights of NeSDA 2021 REPORT
. Increase in e-Service Delivery,
✓ Rise in use of integrated/centralized portals
for delivery of e-Services,
✓ Improvement across assessment parameter
scores.
o e-Services of Finance and Local Governance &
Utility Services sectors were most widely used.
o Amongst all States and UTs, Kerala had the highest
overall compliance score.
o Among North-East and Hill States, Meghalaya and
Nagaland are leading States and among UTs,
Jammu & Kashmir ranked the highest.