To Avoid The Clutter

Question 1

Challenges of sebi

Answer 1

1. Insider trading - technology + glob — recent case of zee entertainment
2. Flyby the night companies
3. Poor implementation- Adani hindenberg, nse md
4. Bulky documentation - more focus on regulation than prudential regulation
5. Watered down by SEBI appellate tribunal
6. Cyber crime - algotrading
7. Finfluencers

Question 2

Why should state bring in a ucc

Answer 2

1. Constitutional obligation under A.44
2. Gender justice - issues like bigamy, polygamy, talaq( shayara bano case )
3. Common law will lead to simplification and effective administration

In shah bano case, sarla mudgal case - icc imperative for protection of oppressed and promotion of national integrity

Question 3

Issues with Ucc

Answer 3

1. Constitution
   - constitutional experts of the view that constn didn’t intend total uniformity
   Ex: personal laws in concurrent list
   - art 25 - practice and propagation
2. Conservatism in society -
   Ex: Women entry in Sabarimala still not in full fledge bcoz of lack of acceptance of Kerala community
3. Misconceived notion by minority regarding majority subjugation
4. Fuel separatism
5. Western concept
   LC in the past - unified nation doesn’t necessarily need to have uniformity
6. Tribal community follow their customary law

Question 4

Way forward for Ucc

Answer 4

1. Pannalal bansilal case : although desirable , ought not to be enacted in one go
   Govt should bring marraige, adoption, succession etc piece by piece under a uniform law
2. Law commn paper on family law
   - compulsory registration of marriage
   - uniform age of marriage ( 18 years )
   - codification of personal law

Question 5

Key features of mediation bill 2021

Answer 5

1. Mandatory pre- litigation in civil and commercial
2. MSA ( mediated settled agreement ) made enforceable
3. Recognises online mediation
4. Mediation council of India- regulation, training mediators and improving the quality
5. Excludes certain - minors, unsound mind
6. Community mediation

Question 6

Shortcomings in mediation bill

Answer 6

1. Psc
   - mandatory pre - against constn right
   - appt and qualification of MCI not clear
2. Challenges in cross border
3. Social power

Wf
1. Voluntary
2. Selection panel
3. Mediation council in every state
4. Time limit 90+60

Question 7

Positives of social media

Answer 7

1. Permission-less leverage - anyone can enter, create content and make money
2. Diverse view points, diverse culture - true globalisation
3. Direct communication with govt
   Ex: twitter seva during Covid
4. Encourages digital literacy
5. Development of small business
6. Disaster response
   Ex: WhatsApp messages during Kerala flood

Case - 5 year old Mahira khans video regarding online edn during pandemic led authorities to reduce duration of online classes for Lower classes.

Question 8

Issues with social media

Answer 8

1. Security
   - fake news - mob lynching, exodus
   - chatbots of Khalistan in twitter
   - honey trapping of security officials
   - DIGITAL UNDEMOCRACY - more polarised, more views
2. Technology design
   - echo chamber - confirmation bias
   - filter bubble - intellectual isolation
3. Political
   - microtargeting electorate
   - paid news
   - negative image on govt - ias IPs fight in Karnataka
4. Regulations
   Collingridge dilemma
5. Economic
   - financial scams- squid game cryptocurrency was prompted via social media
   - finfkuencers
6. People
   - doom scrolling affecting mental health
   - phubbing affecting family relationships
   - cancel culture

Question 9

For - GNCTD bill

Answer 9

1. Constn provisions
   - 239AA(3)(b)
2. Kc wheare- quasi fedralism
   Wb vs UOI - Indian constitution is an amphibian
   Since Delhi is a ut and capital state

Question 10

Against GNCTD bill

Answer 10

1. Overturns sc judgement
2. Triple chain of accountability
3. Widens 239AA(3)(a)- now services also not under Delhi assembly along with l,lo,p
4. Bureaucratic dominance in national capital civil service authority
5. This coupled with GNCTD ACT of 2021- widens discretionary power of LG

Question 11

There is a growing degree of closeness between india and USA. Substantiate

Give broad headings

Answer 11

1. Defence
2. Tech
3. Space
4. Economy
5. Initiatives
6. American exceptionalism to india

Question 12

India USA defence

Answer 12

Question 13

India USA technology

Answer 13

Question 14

India USA space

Answer 14

Question 15

India USA economy and initiatives

Answer 15

Question 16

American exceptionalism

Answer 16

Question 17

Concerns in india USA relationship

Answer 17