Polity Flashcards
What is the significance of the 1st Amendment Act, 1951?
- It added new restrictions to freedom of speech such as
a) Public Order
b) Friendly relations with foreign states
c) Incitement to an offence. - It has introduced the Ninth Schedule
- Strengthened laws that provided for acquisition of states by the Government of India
- Empowered government to make affirmative laws for the upliftment of socially and economically backward sections of the society.
Lillu V State of Haryana, 2013
Two finger test violates the right of rape survivors.
Article 53A of evidence act?
Evidence of a victims character or her previous sexual experience with any person shall not be relevant to the issue of consent or the quality of consent in the prosecution of sexual offences.
Special Marriage Act, 1954
Provides civil form of marriage for couples who cannot marry under their personal law.
But the act discriminates between same sex couples and opposite sex couples.
Right to marry a person of ones choice is integral to Article 21, which SC Judgement
Shafin Jahan V Asokan KM and Others 2018
The members of LGBTQ community is entitled as all other citizens including the liberties protected by the Constitution - Which SC Judgement?
Navtej Singh Johar and others v. Union of India 2018
Article 142
It provides unique power to SC to do complete justice between parties.
Reasons behind reduced Independence of the Election Commission?
- Appointed by President
- CEC = security ; EC’s = can be removed easily by the President’s recommendation
- No power to derecognise political parties
- Toothless Model Code of Conduct.
50% reservation only - SC judgement
Indra Sawhney Vs Union of India, 1992
Assam-Meghalaya boundary dispute
- @ 12 stretches of their 884km shared border
- Assam-Meghalaya Pact - 2022, resolved 6 out of 12 areas.
EWS Judgement
Janhit Abhiyan V Union of India
Allowed reservation of 10% for EWS category
Annual Income < 8 Lac
Agricultural land < 5 acres
Residential Flat < 1000 sqft
Residential Plot < 100 sqft
Relevant facts on Electoral Bonds
Annual report of Association for Democratic Reforms reported the share of unknown sources of income for national parties increased from 66% between FY15 and FY17 to 71% between Ft19 and FY21
What are electoral bonds?
It is like a promissory note that may be purchased by a person who is a citizen of India or incorporated or established in India
The bonds are like banknotes that are payable to the bearer on demand and are interest free.
Introduced in 2018
Merits and Demerits of Electoral Bonds
Merits
1. Donor identity not revealed
2. Promotes clean money as all donations are through banking routes.
Demerits:
1. No limits in donation
2. Money transferred through govt owned banks, therefore govt can know details.
3. Exempted disclosures of donation
4. Cannot know if donation is from govt or foreign companies as against Section 29B of the RPA, 1951
5. Source of Donor funding is not known, is it money laundering?
Problems with the Data Protection Bill
- Data Protection Board is completely controlled by the central government
- Special circumstances are not specifically mentioned - which allows the govt to take information without consent.
- No guidelines for framing rules
- No guidelines for notifying countries to which cross border data flow will be allowed.
As per Srikrishna Committee report
1. Atleast one copy of personal data needs to be stored within the country
- Critical data should be stored only in India
- Transfers to outside countries should have safeguards
