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CONTENTS SUBJECT

POLITY

(a) Constitution and observations of Supreme Court

(b) Recent concepts of polity

(c) Conduct of business in Parliament and L.A.s

(d) Federalism and representation of the people Act.

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Table of Content

(A) CONSTITUTION AND OBSERVATIONS OF SUPREME COURT

1) JAMMU AND KASHMIR RECOGNITION ACT 2019

2) DIMILITATION OF JAMMU AND KASHMIR

3) APPREHENSION ABOUT ARTICLE 371-

4) 10TH SCHEDULE & KIHOTO HOLLOHON VS. ZACHILLHU(1992) FOR A “QUIA

TIMET” ACTION-

5) WHAT DOES IT MEAN BY “OFFICE OF PROFIT”?

6) ANGLO INDIAN QUOTA

7) CREAMY LAYER IN QUOTA OFSC/ST

8) CITIZENSHIP AMENDMENT ACT, 2019

9) RESERVATION IN THE PROMOTION : APEX COURT

10. DISHA-BILL BY ANDHRA GOVERNMENT (AFTER HYEDARABD RAPECASE)-

11) ORIGINAL JURISDICTION OF SC-

12) CURATIVE PETITION-

13) ARTICLE 29TH& EIGHTH SCHEDULE-

14) MINORITY INSTITUTIONS V/S EXCELLENCE IN EDUCATION

15) SUSPENSION OF A MP FROM UPPER OR LOWER HOUSE

16) EPIDEMIC DISEASES ACT & VARIOUS TOOLS TO CONTAIN COVID19-

17) NIA AMENDMENT ACT

18) GRAMNYAYALAYAS-

19) NAME AND SHAME HOARDINGS CASE-

(B) RECENT CONCEPTS OF POLITY

20) CONTEMPT OF COURT (PRASHANT BHUSHAN CASE)

21) PROCESS OF DEATH SENTENCE & SAFEGUARDS AS PETITIONS: NIRBHAYA CASE EXECUTION.

22) STATUS OF CRYPTO CURRENCIES IN INDIA–

23) 4G INTERNET AND HUMAN RIGHTS

24) COLLECTIVE CONSCIENCE & DEATH PENALTY

25) PM CARES FUND VS PUBLIC AUTHORITY STATEMENTS-

26) RANBIR SINGH COMMITTEE FOR THE REFORMS IN CRIMINAL LAW-

27) PLEA BARGAINING: PRE TRIAL NEGOTIATION

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(C) CONDUCT OF BUSINESS IN PARLIAMENT AND L.A.S

28) FLOOR TEST/TRUST VOTE

29) STAR RED QUESTION

30) ABSENTEE VOTERS

31) OATH OF OFFICE &SECRECY-

32) PARLIAMENTARY STANDING COMMITTEES

33) CRIMINALISATION OF POLITICS-

(D) FEDERALISM AND REPRESENTATION OF THE PEOPLE ACT.

34) RENAMING OF STATES-

35) FOREIGERS TRIBUNAL-

36) NATIONAL QUALITY DATA FORM (NDQI)

37) SEATS OF JUDGES IN SUPREME COURT-

38) KANNADA FLAG DEMAND BYKARNATAKA-

39) KRISHNA WATERDISPUTE-

40) NATIONAL POPULATION REGISTER-

41) WHAT IS AWAQF

42) RECOMMENDATIONS OF THE 15TH FINANCE COMMISSION–

43) ELECTRONICALLY TRANSMITTED POSTAL BALLAT SYSTEM (ETPBS)-

44) ONE NATION ONE ELECTION-

45) SECTION 11 OF RPA & DECISION OFELECTION COMMISSION-

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1) JAMMU AND KASHMIR RECOGNITION ACT 2019

Q- How article 370 was abolished?

A- ARTICLE 370 itself provides power to the president to do so.

There are two resolutions for that–

a) Constitution (application to J&K, 2019 by the President of India to supersede the order of

1954 ARTICLE371(1).

b) Resolution to support the ARTICLE 370 of the CONSTITUTION [ARTICLE 370(3)] but the

ARTICLE 37O will remain in the rulebook.

Two bills related to thearticle-

a) JAMMU AND KASHMIR REORGANIZATION BILL. 2019 (ARTICLE 3 of the constitution),

b) JAMMU AND KASHMIR RESERVATION (2nd Amendment) BILL2019.

Q. What are the changes so far?

A. We can divide these changes in three categories-

(A) Constitutional

(B) Provisions as UTs

(C) Elements of Federalism

(a) Constitutional-

1. there would be two union territories named Jammu Kashmir and Ladakh and the J&K will

have its legislature assembly.

2. The entire provisions of the constitution of India would be applicable to both the UTs

3. The term ‘constitutional assembly” is replaced with the term” legislative assembly”.

(b) Provisions as UTs-

1. there would be a common LG for both the UTs with powers to-

i. Appoint the CM in J&K

ii. Use discretionary powers in case of lack of majority

iii. Promulgation of ordinance

iv. To get add and advice, there will be a Legislative assembly (J&K) and a commission of

Advisors

2. Police and public order will remain under the ambit of Central govt.

3. CM will be responsible to communicate all decisions of L.A. to the governor by default and

When so required.

(c) Elements of Federalism-

1. All central and state laws would be applicable to the UTs. 2. A new committee to assess the assets and liabilities of both the UTs after bifurcation. 3. Employees of autonomous bodies and state PSUs will continue as their terms and

conditions. 4. L.A. of J&K will make laws for the entire state except Police, Public order & Ladakh. 5. In case of controversies in LAWs between the UT and the Union, the law made by union will

preside.

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Q- What is the issue related to the ARTICLE 35(A)?

A- Special privileges to the “Permanent Residents” like-

Public sectorjobs,

Acquisition of property in thestate,

Scholarships along with other publicaid.

DEFINITION- Legislative assembly has the power to define “PERMANENT RESIDENTS” and this can’t be

allowed on behalf of violation of constitution.

CHRONOLOGY-

A. 1952 DELHI agreement – between NEHRU & SHIEKH ABDULLAH.

B. Constitution order 1954 by thepresident.

C. ARTICLE 370(1) states power of president to make special “Exceptions and Modification”

for the benefit of state.

D. Permanent Resident.

2) DIMILITATION OF JAMMU AND KASHMIR

Q- What is going on after the bifurcation of J&K?

There would be 114 seas instead of 107 as erstwhile statehood.

The delimitation exercise as per the REPRESENTATION OF PEOPLE ACT 1950.

Meaning and the process of DEMILITATION

A process to fix the limits and boundaries of territorial constituencies in astate.

A high power commission to figure out boundaries.

COMPOSITION-It is appointed by Centre govt. by three members (astradition).

A. Retired judge of SC

B. CEC/EC

C. Election commissioner of thestate

REPORT-Commission submits its report to the President & Presidentexecutes it with a declaration. Such

orders can’t be challenged in any court or can’t be modified by anyauthority.

Q- How many Delimitation commission were there till now ?

A- There were four delimitation commissions so far (since independence),

a) 1952

b) 1962

c) 1972

d) 2002

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3) APPREHENSION ABOUT ARTICLE 371-

Unilateral abrogation of ARTICLE 370 creates haphazard among states of NORTH EAST. Although,

GoI had clarified that there is no such move goingon.

BASICS OF 371

PART-21of the constitution talks about Temporary, transitional and special provisions for 11 states

including 6 from NORTHEAST.

ARTICLE 371(A)TO 371(J)were incorporated later in the constitution while ARTICLE 370 & 371 were

the part of rule book since the beginning.

Q - Rationale behind such provisions of 371?

A- Specific safeguards for state to state to provide them “SPECIAL” rights according to the nature of

needs.

A. EXCEPTIONS-

1. ARTICLE 371(E)- ANDHRA &TELANGANA.

2. ARTICLE371(I)-GOA

“NOT SPECIAL” according to the constitution.

Q 2- How to remember ARTICLE 371 and its extensions till 371(J)?

A- There might be five categories-

A. Protection of social practices and customary laws- ARTICLE 371 A&G (Nagaland

andMizoram)

B. Development boards- 371{(MAHARASHTRA – vidharbha, marthawara and the rest of

Maharashtra) (GUJRAT- kutch and saurashtra)} 371(J) {KARNATAKA & Hyderabad} region.

C. ANDHRA & TELANGANA- special reservations for natives 371(D). University in Andhra371(E).

D. Special committees by Governor-

ASSAM371(B)

MANIPUR371(C)

E. The rest out of 11 states-

371(F) - SIKKIM’s representation in LokSabha.

371(H) - Governor’s special power for law and order in ARUNANCHAL PRADESH.

371(I)-GOA

4) 10th SCHEDULE & KIHOTO HOLLOHON vs. ZACHILLHU(1992) for a “QUIA

TIMET”ACTION-

There were many destabilizing dramas in states like karnataka, madhyapradesh & recently in

Rajasthan makes it inevitable to remember the powers of Governor and speaker in a state.

Anti-defection law & discretion available to the speaker.

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The background of ANTI DEFECTIONlaw.

Disqualification & the power of presiding officer of alegislature.

Reasons to attract disqualification-

A. Giving up the membership of political party after getselected.

B. Joining political party by an independentmember.

C. Joining a political party by a nominated member.

D. Disobey the WHIP. (only allowed With prior information of 15days).

EXCEPTION - Any member of at least 2/3 of members of party to another one.

SC’s Observations in KIHOTO-

THE power of presiding officer is exclusive and can be reviewed by judiciary, afterKIHOTO

HOLLOHON CASE (1992), but the judicial observation must not take place prior to any decision of

the presidingofficer.

PARAGRAPH 6(1) of the Schedule strengthens the fabric of Indian parliamentary democracy.

5) WHAT DOES IT MEAN BY “OFFICE OF PROFIT”?

Disqualification of an MP or MLA under the ARTICLE 102(MP) ,ARTICLE191(MLA) can be done on

the basis of as followed --(but No such word “office of profit” is mentioned in the constitution)

A. Office of profit under the control of central or state government.

B. Unsound mind,

C. Undercharged insolvent,

D. Not an Indian citizen.

The office of profit by so far is –“ A government office and benefits are being held by an MP or MLA

are termed as “OFFICE OF PROFITS”

Rationale behind the principle- Legislature must not feel obligated to theexecutive while

discharging legislative functions.

In such doubts The final decision takes place by the President/ Governor based on an opinion

rendered by the election commission.

EXCEPTION-A post declared by a law of PARLIAMENT /L.A beyond office ofprofit.

Q- What does the SC say about this?

A - 4 broad principles in PRADYUT BORDOLOI vs. SWAPAN ROY (2001).

A. A post which is controlled/appointed/removed by Government.

B. Reservation with it.

C. Authority like money/land/licenses with the post.

D. Influential post, not always about monetary gain.

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6) ANGLO INDIAN QUOTA

1. The Constitution 126th (Amendment bill) (104th Amendment) was passed by LOK-SABHA to dropthe

nomination of Anglo Indian in legislations.

2. ARTICLE 331-“Nomination” of Anglo Indians to LOK-SABHA and state assemblies by president

andgovernor.

3. ARTICLE 334- Reservation of theseats.

4. ARTICLE 336(2)–Definition- A person whose father or any of whose progenitors in themale line is or

was European descent but who is native ofIndia.

5. Initially such reservation was provided for 20 years in the constitution.

6. Population- 296 persons, census 2011

7) CREAMY LAYER IN QUOTA OFSC/ST

1. JARNAIL SINGH vs. LACCHMI NARAIN GUPTA willbe observed by the bench of 7 judges.

2. TheE.V CHINNAIAH vs. STATE OF ANDHRA (2004).’Where SC observed that further sub-

classification of in SC/ST category can’t be allowed”. The verdict will be re- examined by a

largerbench.

Q 1- Does the reservation abrogate the fundamental equality?

A- NO, if the state provides the following 3 data-

A. Backwardness of aclass,

B. Inadequate representation In publicemployment,

C. Maintenance of general efficiency ofservice.

Q 2- What is the constitutional bedrock for reservation?

A- ARTICLE 335- Special measure by state.

Q 3- Where did the term “CREAMY LAYER” comes from?

A- INDIRA SAWHNEY vs. UOI 1992.

8) CITIZENSHIP AMENDMENT Act, 2019 Q- What does the rule book say about citizenship?

A- ARTICLE 5 to 11 under the part 2 of the constitution describes the classes of persons be deemed to be the citizens of India at 26 JANUARY1950 and further the entire future provisions would be regulated by parliament (ARTICLE 11).

Q2- How was the ARTICLE 11 was executed?

A- Parliament enacted CITIZENSHIP AMENDMENT ACT 1955 which provides a way to acquire the Indian citizenship in 5 ways-Birth, Descent Registration, Naturalization, &Incorporation of territory.

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Q3- What does the new amendment say?

A- It amends the clause “CITIZENSHIP by Naturalization” and provides a relaxation for a particular group of illegal migrants.

a) The condition of 12 years is now been reduced to only 6 years for minority communities in AFGHANISTAN, BANGLADESH &PAKISTAN.

b) Any violation of law may cancel the registration of overseas citizen of Indiacard.

c) COMMUNITIES- Hindus, Jains, Sikhs, Buddhists, Christians and PARSIS. Q4-Why wan an unrest in NORTH EAST afterCAA?

A- Following are the reasons-

a) The New Relaxation contradicts with ASSAM accord 1985 about illegal migrants from

Bangladesh after MARCH 25 1971 will bedeported.

b) MEGHALAYA &NAGALAND- migration ofBANGALIES

c) MIZORAM &ARUNANCHAL PRADESH- Buddhists, Chakmas, Hindus &Hajongs.

A. Q 5-What was the 6thschedule?

A- ARTICLE 244 provides clause for autonomous district councils to safeguard the right of Tribes for

the administration of tribal areas in 4 North easternstates, i.e. - ASSAM, MEGHALAYA, TRIPURA &

MIZORAM

Current status- Centre has clarified the provisions of new amendment will not create any impact on

6th schedule.

9) RESERVATION IN THE PROMOTION : APEX COURT

CHRONOLOGY-Important for the match the the followings,

Reservation in the promotion introduced in1955,

Reservation in promotion is unconstitutional- INDRA SAWHENY CASE1992.

Reservation in promotion would be allowed if state provides 3basis-

a) Backwardness,

b) Inadequate representation,

c) Overall efficiency in 2006.

The recent judgement of 7 February2020-

a) Reservation in promotion is notunconstitutional,

b) Can’t be claimed as a fundamentalright

c) Though it is inserted in ARTICLE 16(4) &ARTICLE 16(4A) but its makes a provision to

empowerment of states for such reservations but not creates any mandation.

d) So state is not bound to make reservation but it has discretionary powers to do so.

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10. DISHA-BILL BY ANDHRA GOVERNMENT (after HYEDARABD rapecase)-

I. Now time limit forcases-

a) Investigation -7days

b) Total – 14days

c) Judgement time 21days

II. Minimum punishment-

a) Life imprisonment for sexual offence against children,

b) Harassment of women through social media/digital mode

i. 2 years imprisonment ( first conviction)

ii. 4 years imprisonment (subsequent conviction)

III. New Establishment-

a) Special courts in eachdistrict,

b) District special police team under Dy. SP rankofficer,

c) A special publicprosecutor,

d) “Women’s and child offenders registry” a publicly open electronic form ofsuch offenders.

11) ORIGINAL JURISDICTION OFSC-

ISSUE- KERALA & CHATTISGADH filed a suit in SC to challenge CAA &NATIONAL INVESTIGATION AGENCY

(NIA) ACT.

Q- Where is the provision of the “original jurisdiction”?

A- ARTICLE 131 provides power to SC in dealing with centre and state disputes.

Q- What are the grounds for such challenges?

A- Following are the grounds-

1) Questionoflaworfactoflegalright’sviolationorthe questionoflegalrightsitself without violation

– STATE OF KARNATAKA vs. UOI CASE1978,

2) The dispute must be between states andcentre,

3) Can’t be used to settle political differences. Q-How many types of jurisdictions does

theSChas?

1. Original- Centre-state(A-131),

2. Advisory- advice to president(A-143),

3. Appellate- from lower courts.

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12) CURATIVE PETITION-

NEWS-Recently filed by NIRBHAYA case rapists.

Q- What does it mean?

A- 1). It is a process/provision available for redressal of grievances in court in case of abuse of court’s

process and gross miscarriage of justice.

The term “Curative” firstly evolved in RUPA HURRA vs. ASHOK HURRA case2002.

According to ARTICLE-137 &145- SC has power to review its ownjudgement.

2) It is used in cases after dismissal of reviewpetitions

3) Normally it is decided by “IN-CHAMBER”process.

4) The origin of term“CURATIVE” as Specific conditions of RUPA HURRAcase-

a) Violation of naturaljustice,

b) Fear of biasedjudgement,

c) Must be filled within 30 days of finalconviction,

d) It must be in rarecase,

e) In such cases SC can consider to assist it by AMICUS CURIAE (friend of thecourt).

13) ARTICLE 29th& EIGHTH SCHEDULE-

TULU LANGUAGE- Recentlyt here is a social media movement to include TULU in the eighthschedules of

constitution.

Q- What does the 8th schedule say?

A- Under ARTICLE 344(1) and 351 it provides recognition of 22 official languages of Republic of India.

Q- What a language would get if included in the EIGHT SCHEDULE?

All India level exams can be held in TULU,

Separate SAHITYA ACADEMYaward,

TULU books would be recognized and translated in other Indianlanguages

MPs and MLAs could speak in TULU in LOKSABHA & respective state legislative assemblies.

Q. What is the epicenter of the language?

A- Coastal districts like Dakshina, Kannada & Udupi in KARNATAKA & KASARGOD district in North KERALA.

14) MINORITY INSTITUTIONS v/s EXCELLENCE IN EDUCATION

In a recent judgement SC observed that quality education can’t be commissioned on the basis of violation of ARTICLE 30 in nationalinterest

ARTICE 30- special rights of linguistic or religious minorities to establish and administer educationalinstitutions.

In WEST BENGALMadrassas Service Commission Act,Case SC observed-

a) There would be divisions between education and secular education, whenit comes to “secular

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education “it must be purely secular with best possible teachers.

b) Though, majority community does not possess special rights under ARTICLE30(1) but they can also establish and administer educational institutions.

Other provisions of constitution to foster ARTICLE30- ARTICLE 15 no reservation in Minority Education Institution

M.E.I can reserve 50% of its seats tominorities

“RTE &25% seats rule” notapplicable.

15) SUSPENSION OF A MP FROM UPPER OR LOWER HOUSE

Q- Who has the power to suspend a member of parliament under which rule?

A- FOR LOK SABHA

1. RULEno.373providesandconductofbusinessoftheparliamentprovidesthatthe speaker

has the power to maintain the grossly behaviors in house and to execute this order,

the speaker can order or ask any member to withdraw from the house immediately

2. Whereas the rule no 374 &374(A) provides the power to speaker again of the Lok

Sabha, to start the motion about the question that a particular member should be

suspended from the house or a particular time.

3. Power of the speaker- so yes speaker can suspend any member

4. Period of suspension- period of suspension cannot exceed the time of that session.

5. Revocation of such orders- the speaker cannot revocate the suspension of a MPin

state, a motion being made by the members of the parliament to terminate the

suspension.

FOR RAJYA SABHA

6. Rule No. 255 provides the power to the chairman of the rajyasabha to maintain the

grossly order in house but such order cannot be unilaterally order by the chairmenin

state, in rajyasabha the chairmen can start a motion to suspend a particular member

and can get the opinion of other members

7. Revocation – so the same procedure by a motion any time the house terminate the

suspension of a particular member unlike the speaker the rajyasabha chairmen does

not have the power to terminate a member directly.

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LEARN THE CONCEPT

16) EPIDEMIC DIESEASES ACT & VARIOUS TOOLS TO CONTAIN COVID19-

A. Section 188 of IPC-

1. Disobedience to the order which is duly promulgated by publicservant.

2. The public servant lawfully empowers directions to prevent public life property from

any obstruction, announce or injury or risk ofinjury/annoyance.

3. Punishment–

a) Disobedience causes tends to cause obstruction/injury/annoyance-

b) Imprisonment up to one month &fine up to -2000rs orboth

4. Disobedience tends to cause human life, health, safety, cause a riot or affray,

imprisonment up to six months and fine up to 1000rs orboth.

5. The intent of offender should be considered (mere disobedience of the order doesn’t

consider any offence itself). The offender must be informed before thedisobedience.

6. This section can also be evolved in normal times for publicfunctionalities.

7. It was involved previously in times of outbreakof disease like swine flu, dengue &

cholera etc.

Q- What is section 144?

Ans- SECTION 144 restricts the congregation of 5 or more people on a particular area,

violation can attract disobeying of order under section 188

Q- What is a curfew then?

ANS – The power lies with the DM or COMMISIONER to shut down all essential services in addition to sec

144, only administration and police are allowed on the street.

Q- What is a lockdown?

ANS- it can be invoked by DM or CHIEF MEDICAL OFFICER in a particular area under EPIDEMIC DIESEASE

ACT 1897. PROVISIONS-

a) Essential services like ATM, MEDICAL & GROSSERY are allowed

b) Restrictions on assembly of 5 andmore

c) No power to arrest in violation without court’s permission.

BACKGROUND OF EPIDEMIC DIESEASE ACT –it was firstly tabled on JANUARARY

1887 at the time of outbreak of bubonic plague inMumbai.

Recent amendment to theACT-

a) Violation against healthare workers –

b) imprisonment 3 months to 5 years fine – 50 k to 2lakh,

c) In case of grievous hurt imprisonment- 6 month to 7 years, fine – 1lakh to 5lakh.

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17) NIA AMENDMENT ACT

BACKGROUND-

1. NIA was established after MUMBAI attack on its federal body like FBI of US.

2. NIA ACT 2008 provides powers to investigate “TERROR” activities, TAKE SUO- MOTO

ACTIONS, register a case and entering any state without the permission ofstate.

RECENT AMENDMENTS- now (2019) it can investigate a number of offences like-

A.

1. Explosivessubstances

2. Humantrafficking

3. Sale or manufacture of prohibitedarms

4. Cyberterrorism

5. Counterfeit currencies

B. Without the permission of DGP (state) officers of NIA can raid or conduct seizure

of properties in suspected terroractivities

C. Special courts for –NIAtrials.

18) GRAMNYAYALAYAS-

GRAM NYAYALAYAS were established under GRAM NYAYALAYAS ACT 2008 as it was felt to

be required, some 2500 such courts to provide easy and speedy access to justice

the act came in to force on 2 October2009

WHY IN NEWS- SC directed states to expedite the process of establishment of such courts as only

200 gramnyayalayaswere functioning in the country in February 2020

COMPOSITION & POWERS-

A. NYAYADHIKARI - with the same power & benefits equals to first classmagistrate

B. APPOINTMENT- bystate govt with consultation toHC.

C. JURISDICTION- both CIVIL &CRIMINAL,

D. AREA- defined by state govt (may base on population / land areaetc.

E. SPECIAL POWERS- to accept certain evidences like tradition practicesetc.

F. Currently functioning only in KERALA, MAHARASHTRA &RAJASTHAN.

G. Possess the power for conciliation andsettlement.

H. District session or civil court can be approached in case ofappeal.

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19) NAME AND SHAME HOARDINGS CASE-

NEWS-lucknow police put up several hoardings identifying those who protected against CAA in

December.

OBERVATION BY ALLAHABAD HC-

There are certain provisions and procedure to investigating agencies toidentify accused.

No power is available under CRPC 1973 to police/executive to displaypersonal records

of a person to public atlarge.

This was clearly reflecting “COLORABLE EXCERSICE OF POWERS” of govt. hence is

violating to ARTCILE 21 of theconstitution.

20) CONTEMPT OF COURT (PRASHANT BHUSHAN CASE)

The concept seeks to protect the judicial institution from motivatedand unusual

attacks.

The principle was exercised by many countries including ENGLAND to protect the judicial

powers of theking.

STATUORY BASIS–

ARTICLE 129- SUPREMECOURT

ARTICLE 215- HIGHCOURT

CONTEMPT OF COURT ACT1971-

PUNISHMENT- simple imprisonment up to six months or /& fine up to 2000rs.

TYPES OF SUCH CONTEMPT-

1. CRIMINAL CONTEMT-any other form which scandalizes or tends to scandalize

and lower or tends to lower the authority a court or judicialprocedure.

2. CIVIL CONTEMPT-willfully disobedience of an order or under taking ofcourt.

Q- What is not contempt of court?

Ans- A. Fair and accurate reporting of judicialprocedure.

B. After the case is heard any fair criticism on the merit of judicial order isnot contempt ofcourt.

In 2006 an amendment to act introduced “TRUTH”as a valid defense for a

public interest.

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21) PROCESS OF DEATH SENTENCE & SAFEGUARDS AS PETITIONS:

NIRBHAYA CASE EXECUTION.

THE PROCESS OF DEATH SENTENCE-

A. Death sentence in rarest of the rarest case by trial court (minimum Dist.Level)

B. Confirmation warrant by HC for execution.

C. The convict can approach Supreme Court against the decision of HC.

D. After the same decision by SC, a review petition can be filed.

E. Afterrejectionofreviewpetitionacurativepetitiontorectifyegregiouserrorsin judgement can

be filed.

F. Mercy petition to the PRESIDENT on behalf of state govt. and advised by home ministry.

G. Petition questioning the legitimacy of the PRESIDENT decision in mercy plea can be filed &

finally be executed.

22) STATUS OF CRYPTO CURRENCIES IN INDIA–

Q- What is crypto currency?

Ans- A crypto currency is digital or virtual currency, designed to work as a medium of exchange

which is secured by cryptography that makes it nearly impossible to counterfeit or double

spend. Many of them are based on block chain technology.

USERS- about 1.7 million users are in the country with about 10% share of Indian market.

RBI- RBI cautioned users from 2013 and finally banned in the country since APRIL 2018.

SC- in March 2020, RBI failed to provide any evidences of any loses/suffer to Indian banking

system.

Thus the court observed it is a failure of govt. to introduce any official digital currency and

set aside the circulation of ban by RBI.

23) 4G INTERNET AND HUMAN RIGHTS

NEWS-Suspension of internet and its speed with the revocation of ARTICLE 370 in J&K.

OBSERVATIONS OF THE APEX COURT - the ANURADHA BHASIN CASE (2020). THE SC refused

to restore 4G speed but it sent the issue to ministry of HOME AFFAIRS for reconsideration.

Court observed there is a need to ensure the balance b/w NATIONAL SECURITY and HUMAN

RIGHTS

Q- HOW GOVT. CAN SUSPEND INTERNET?

ANS- before 2017 it was section 144 of the CrPcas an umbrella but the temporary suspension of

telecom services (public emergency or public services) rule was not notified under the

TELEGRAPH ACT 1885.

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The new amendment also provides power to interception messages in the interest ofthe

sovereignty and integrity of India

Though, internet is considered as a human right and under the ambit of ARTICLE 19

but ARTICLE 19(2) & 19(6) itself provides some restrictions to maintain other rights.

24) COLLECTIVE CONSCIENCE & DEATH PENALTY

Q- What does it mean?

Ans- itisaconceptofsociologythatreferstothesetofsharedbeliefs,ideas,attitudesand knowledge that

are common to a social group orsociety.

Emile Durkheim developed this concept to explain how unique individuals are bound

together into collective units like social groups andsocieties

Q- Why it was in discourse?

Ans- Recent study under PROJECT 39A by National Law University reveals that the biggest reason

behind “DEATH SENTENCE” awards (about in 73% cases) was collective conscience of society

instead of framework laid down by Supreme Court in BACHAN SINGH vs. STATE OF PUNJAB

in 1980.

The framework provides a situation where aggravating circumstances must outweigh the mitigating circumstances in the case of capital punishment.

Q- Where does the concept of collective conscience come from?

Ans- it was firstly used by SC in MACCHI SINGH vs. STATE OF PUNJAB. After it was used in DELHI gang rape case & conviction of AFZAL GHURU.

25) PM CARES FUND vs PUBLIC AUTHORITY STATEMENTS-

PM CARESis not a public authority under section 2 of RTI 2005.

The public authority must fulfil the criterias- Any body / authority/institution established by-

A. Constitution

B. Law of parliament

C. Law ofstate

D. Notification order by thegovernment.

E. Other govt/non govt body which is owned and controlled or substantially financed byGovt.

THE NATURE OF PM CARES-

A. A public charitabletrust

B. Pm—ex- officio chairmen

C. Ex officio trustees – Minister of home affairs, finance &defense andothers.

D. Beyond the scrutiny powers ofCAG.

E. Primary objective-deal with any kind of emergency posed by theCOVID-19

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26) RANBIR SINGH COMMITTEE FOR THE REFORMS IN CRIMINAL LAW-

NEED- colonial laws have been resulted in huge pendencies of cases and congesting prisons due to a

number of under trials.

WHEN- by ministry of home affairs it was constituted in MAY 2020.

Q- Previous committees towards this move?

Ans- a) MALINATH COMMITTEE-2003

b) MADHAV MENON COMMITTEE-2007.

Sources to deal with criminal cases in India–

A. The criminal law and criminal justice are under the concurrent list of the 7

schedule.

B. LORD MACAULAY codified the criminal laws inINDIA.

C. Recently, there are the IPC 1860, the protection of CIVIL RIGHTS ACT1955,

DOWRY PROHIBITION ACT 1961, SCHEDULED CASTES AND SCHEDULED

TRIBES (prevention of atrocities) ACT1989.

27) PLEA BARGAINING: PRE TRIAL NEGOTIATION

NEWS-recently many members of TABLEEGHI JAMAAT belonging to different countries got released

by court by means of plea bargaining.

STATEMENT-

A. Justice MALLINATH committee suggested to the law commission in 2003, this was

incorporated in Indian criminal procedure since 2006 for speedy trials, reduce litigation

costs etc.

B. It is a type of pre-trial bargaining can be initiated only by theaccused.

C. It is negotiated between the accused and prosecutor for a lesserpunishment

D. It may involve payment of compensation etc.

E. Oncereachedatthe mutualsatisfactionthecourtarrangesthe wayofareporttobe signed by allparties.

F. The sentence in case of imprisonment can be reduced to one fourth tohalf.

28) FLOOR TEST/TRUST VOTE

NEWS -in the past one year there were many times of question of majority in states like – Maharashtra ,

Karnataka, and recently in Rajasthan.

Q- What does it mean by floor test?

Ans- the CM OR PM is appointed by governor or President which belongs to the “magic number” (50+1)

in the house.

Whenever the situation arises about the lack of majority (magic numbers) withthe

incumbent government, the constitutional head (GOVERNER/ PRESIDENT) can ask

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for vote of confidence or CM to prove hismajority.

The voting process may be through oral/ electronic modes or on ballotpapers.

The majority is counted on the basis of those MLA present andvoting

COMPOSITE FLOOR TEST – when more than one person claims for the formation of government without a

clear majority.

Q- When there is no clear majority or single claim for majority which system of invitation to form a

government should be followed by the governor?

Ans- Suggested by the SARKARAIA COMMISSION and ratified by the APEX court , governor should

invite respectively (PRIORITY).

1. Alliance ofparties.

2. Single largest party

3. Situation of coalition, post poll alliance of parties withgovernment.

4. Post poll alliance with government and outsidesupport.

A suitable date must be declared for floor test after first sitting of a newgovernment.

thus, the CM has to prove hismajority.

Q- Why RULE 12 of the GOVERNMENT OF INDIA ( transaction of Business) rule 1961 in news for

Maharashtra?

Ans- titled as “DEPARTURE FROM RULES” allows for revocation of President’s rule without the

approval of cabinet if the PM “ deems it necessary”

29) STAR RED QUESTION

ISSUE- on 27 November 2019 as many as were 20 starred question were taken up during “ question

hour”

LIMITS-

20 per question hour in LOKSABHA.

15 in RAJYASABHA.

Q- What are in house questions and their types?

Ans- members of parliament have a right to ask questions to seek crucial information about matters of public importance from minister of concern.

‘QUESTION HOUR “is a dedicated time for such activities.” first hour of every parliamentarysitting”.

Types of suchquestion-

A. STARRED- such questions can be addressed orally with supplementary questions. Green colored withasterisk.

B. UNSTARRED- White colored which needs written answer hence no supplementaryquestion.

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C. Short notice- pink colored urgent importance orally answerable within 10days.

D. To private member-yellow colored. such questions is asked to a private(non- ruling party)member about his her resolution , billetc.

30) ABSENTEE VOTERS

WHAT ?- in traditional meaning persons of essential services are considered as “ absentee voters” like

military , railways aviation etc.

The EC has the power to notify such jobs after consultation withgovernment.

The conduct of election rules, 1961 provides the facility to cast their votes through

“postalballots”.

Such persons must get registered himself with the EC’s special Centre for this purpose

within 5 days of electiondeclaration.

CATEGORIES-

ESSENTIAL SERVICES PERSONNELS.

SENIOR CITIZEN above 65y. (after Covid-19)

PHYSICALLY DISABLED PERSONS.

31) OATH OF OFFICE &SECRECY-

NEWS- new Maharashtra government had violated the new constitution as not followed the

proper format of the oath.

Q- Does the text of the oath is sacrosanct?

Ans- according to ARTICLE 164 & schedule third of the constitution it is mandatory to a minister

to take oath of office & secrecy which is administered by Governor or appointed person by

him.

In the process the oath has to read it out exactly as it is in the givenformat.

Q- Can it be challenged further?

Ans- NO, when the oath is appeared by governor & attested by secretary of governor and gazette

notification has come out, the matter becomes closed. So, no legal challenge can be filled.

32) PARLIAMENTARY STANDING COMMITTEES

ISSUE- Recent parliamentary sessions have become more productive then previous in passing of bills but

they skipped the scrutiny by committees.

VP VENKAIAH NAIDU raised concern over consistent absenteeism of MPs from their meeting of

department related standingcommittees.

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PROVISIONS OF SUCH COMMITTEES-

A. ARTICLE 105- Privileges of parliamentmembers.

B. ARTICLE118- Authority of parliament to make rules for its procedure and conduct of business.

TYPES OF COMMITTEES-

A. Select or AD-HOC committee- specific purpose like Balwant Rai Mehtacommittee.

B. STANDINGcommittee-

Financial standing committee.

Dept. related standing committee.

Other stand committee.

ADVANTAGES OF SUCH COMMITTEES-

A. More open better informed without any boundary like WHIP.

B. Assistance of experts in lawmaking.

C. Threadbare discussion platform.

D. Tool to effective function of parliament.

33) CRIMINALISATION OF POLITICS-

ISSUE- SC expressed some alarming concerns about members of LOK SABHA and assemblies having

criminal records.

Association for democratic reform revealed that nearly 43% of elected membersof LOK SABHA

2019 having pending criminal cases against them .

Q- What does the RPA say about this?

Ans- Followings are the points made by RPA-

A. Under trials can contest in elections.

B. SECTION 8 of RPA 1951 only disqualifies a person who got a sentence of two ormore years.

Directions by the Apex court-

A. Since2002itisobligatorytofile anaffidavittoreturningofficeraboutpending criminalcases.

B. Political parties to publish in news & website of party, about pendingcases of their

partycandidates.

C. It is mandatory for all parties to explain “reasons” of such candidates to bechosen as their

merits,qualification.

D. Although the ECI has failed to take suchsteps.

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FEDERALISM

34) RENAMING OF STATES-

ISSUE- west Bengal as the name starts with “W” creates a problem in each and evry meeting at union level

because of alphabetic sequence there turn always come at last. So the state has been demanding

change the name “BANGLA” for long.

PROCESS BYPARLIAMENT-

A. Abilltorename the state canbeinitiatedbyparliamentunderarticle3&4ofthe constitution

B. Before introduction in parliament the PRESIDENT shall send the bill to therespective state

assembly with a timelimit.

C. Though the view of state is not binding but after the time limit the bill mustpassed by a

simplemajority

D. Send to the approval ofPresident.

PROCESS BY LOKSABHA ASSEMBLY-

1. Proposal of state to homeministry.

2. Constitution amendment bill inparliament

3. Passed with simplemajority

4. Approval ofpresident.

35) FOREIGERS TRIBUNAL-

CONTEXT-the tribunals were very much in news in context with NRC in ASSAM.

it is a QUASI-JUDICIAL body under Foreigners Act 1946 & Later Foreigners Tribunals order1964.

WORK-whethera person is or is not a foreigner.so, it handles with two kinds of cases-

A. Referred by borderpolice.

B. Under doubtful category in electoralrolls. Q- What is an “Ex Parte” order by the FT?

Ans- according to the foreigners act the accused has to prove (with evidences) he/she is an INDIAN.

If an Ex Parte order is passed he/she will be arrested or put into a detentioncamp

Review/appeal-

A. Review petition to FT again.

B. Appeal to HC &SC.

36) NATIONAL QUALITY DATA FORM (NDQI)

AIM- IMPROVE HEALTH AND DEMOGRAPHIC Data ecosystem in India. Thus, it strengthens

A. Quality of data as wellas

B. The system that create and manage data.

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It will help fetch quality data in upcoming health studies like national family health survey.

Furtherthe data willbereplicatedacrossindustriesandsectorstoovercometheST like over

reporting or under reporting hurdles in policyplanning.

Recently launched - ICMR’s National Institute of Medical Statistic (ICMR-NIMS) with

population council.

37) SEATS OF JUDGES IN SUPREME COURT-

NOW- 34 (including CJI)

HOW?-cabinet took a decision to amend “The Supreme Court (no. of judges) Act 1956”.

It was previously amended in 2009 when the strength increased from 25 to 30+1.

Homework- carefully read the basics of appointment of judges & collegium system.

38) KANNADA FLAG DEMAND BYKARNATAKA-

Q- Do states have their own flag?

Ans- ARTICLE 51A provides that every citizen must abide to the respect of ideals and institutions

including national flag.

The SC has said “there is no prohibition in constitution for the states to have their

ownflag”.Buttheymustabidebytherespectofnationalflagatthetime whenitis hoisted.

Q- Is there any regulation by statutory act?

Ans- Yes,

A. the emblems and names (prevention of in proper use)pact 1950and

B. the prevention of insults to national honor act1971

C. flag code of India2002

to put in nutshell there is no prohibition of having “state flag” but the tricolour must not

beinsulted.

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39) KRISHNA WATERDISPUTE-

Q- What was the dispute been about?

Ans- the dispute firstly started between erstwhile

Hyderabad and Mysore states.

Later on, it was contested among

MH, KARNATAKA &ANDHRA.

In 1969 the KWDT ( Krishna water

tribunal) was setup up and it divided

water in threeparts-

ANDHRA> KARNATAKA> MH

After some grievances the KWDT-2 was

established in 2004 and delivereda new

allocation advice –in2010.

ANDHRA> KARNTAKA> MH

Q- What is the new issue?

Ans- after the bifurcation of Andhra Pradesh state reorganization act 2014 it has been demanded that

Telangana should include as a separate party or not at the KWDT.

40) NATIONAL POPULATION REGISTER-

NEWS-after publication in Assam govt. has revised its NPR project through updating of registration.

Q- What is it?

Ans- It provides information about every usual resident in the country.

UsualresidentintheNPRisapersonwhohasbeenresidinginalocalareaforlastsix months and

intends to reside in the area for next six monthstoo.

So, NPR is prepared under citizenship act 1955 and citizenship (Registrationof citizens and

issue of national identity card) rules2003.

AIM- As it is mandatory for every usual resident to get registered in the NPR it creates a comprehensive

identity database.

AchipembeddedRIC(residentidentitycard)witha UIDnumber willbe issuedafter collection

Demographic & biometric details of every individual over the age of18.

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c

Q- Does a court considered “deities” as a legal litigant?

Ans- Yes, even Gods, corporations, rivers and animals have all been treated as a litigant by courts.

High court of Punjab and Haryana – the entire animal kingdom would be treated asa legal persona

as well as HC , UTTRAKHAND has a=declared river GANGA & YAMUNA as a living people will all

rights , duties and liabilities.

Q- Does a court consider each and every deity as a legal person?

Ans- only a deity with public consecration (Pran-Prathishtha) would be treated as a legal person after

YOGENDAR NATH BASKAR vs. COMMISSIONER of INCOME TAX 1969.

RIGHTS OF DEITIES-

1. Property

2. Taxableincome

3. Don’t have fundamental rights (sabrimala judgement)

4. Sue and beingSued.

41) WHAT IS AWAQF

CONTEXT- it was a party in Ayodhya conflict.

The literal meaning of the word “WAQF” is ”ÐETENTION”. In the legal context waqf means

detention of a property so that its produce or income may always be available for religious or

charitablepurposes.

A survey commissioner under the waqf act 1995 lists all properties tomaintain documents.

MUTAWALI- manager of thetrust.

So it is a trust with dedicated purpose of religiouscharity.

Additionally WAQF BOARD is a “jurisdictic person” for acourt.

42) RECOMMENDATIONS OF THE 15th FINANCE COMMISSION–

KEY RECOMMENDATIONS-

1. Create a non-lapsable fund for defence expenditure.

2. Reduction in the vertical devolution from 42% (by 14 FC) to41%. Q- How Fc gets itsappointment?

Ans- FC is appointed by the President under article 280 of the constitution to provide recommendation

on distribution of taxes vertically (centre& state) and Horizontally among states.

Thus, it redresses the vertical imbalance between the taxation powers and expenditure

responsibilities of centre and states.

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REPRESENTATIVE OF PEOPLE’SACT

43) ELECTRONICALLY TRANSMITTED POSTAL BALLAT SYSTEM (ETPBS)-

STATEMENTS-

Developed by election commission with the help of centre for developmentof

ADVANCE COMPUTING (C-DAC).

Two layered security system – QR code & OTP, makes duplicationimpossible.

It is used by “service voters” in recent LOK SABHA elections like militarypersonnel’s.

The new ETBPS is a system in- line with the existing postal ballet system where postal ballots are

transmitted through electronic means to thevoters.

44) ONE NATION ONE ELECTION-

Q- What need to be amended in the constitution?

Ans- following are the points-

ARTICLE 83-duration of houses ofparliament.

ARTICLE 172- duration of statelegislature.

ARTICLE 85- dissolution of loksabha.

ARTICLE 174- dissolution of stateassemblies.

ARTICLE 356- rule of president in state.

REPRESENTATION OF PEOPLE’s ACT to provide stability of tenure to loksabhaand assemblies.

45) SECTION 11 OF RPA & DECISION OFELECTION COMMISSION-

ISSUE- ELECTION COMMISSION recently reduced the disqualification period ( from 6 years to 13 months )

for PREM SINGH TAMANG . CM of Sikkim.

The new prevailing at that time needs minimum 2 years of jail term to attract the disqualification.

Though the law was amended later in 2003 so it shouldn’t be applied tohim.

On behalf of reasonable records EC has the power to reduce or remove such disqualifications.

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