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PT 2017: Current Affairs at a glance (POLITY)
Jun 14, 2017

1. Permanent Tribunal

  • Centre now sets up ad hoc tribunals under ISWDA to adjudicate disputes as they arise. Eight  tribunalshave been constituted so far.

2. Shyam Narayan Chouksey case (National Anthem Order)

Article 51A of the Constitution makes it a fundamental duty for every citizen of India to abide by the Constitution and respect its ideals and institutions, the national flag and the national anthem.

  • The Prevention of Insult to National Honour Act, 1971 deals with cases of insults to the Constitution, the national flag and the national anthem and provides for penal provision for insulting these symbols.

⇒ Section 2 of the Act provides for a maximum imprisonment of three years with or without fine for insulting the Indian national flag and the constitution of India.
⇒ Insult includes burning, mutilating, defacing, defiling, disfiguring, destroying or otherwise showing disrespect or contempt towards the national flag or the constitution.
⇒ Section 3 of the Act criminalizes insult to national anthem .
⇒ No section of this Act or Indian Panel Code, 1860 makes it mandatory for a citizen to stand up when the national anthem is being played.

  • Flag Code of India, 2002 is not a law but a consolidation of executive instructions issued by the Government of India from time to time and contains detailed instruction for observing such behaviour which will not disrespect the National Flag.


3. Article 371A of the Constitution/; Special status to Nagaland

  • 74th constitutional amendment (CA) was passed in 1993, providing reservation for women in ULBs.
  • In April 2016, the Supreme Court (SC) ordered the state government to hold municipal elections.
  • No Act of Parliament in respect of

⇒ Religious or social practices of the Nagas,
⇒ Naga customary law and procedure,
⇒ Administration of civil and criminal justice involving decisions according to Naga customary law.
⇒ Ownership and transfer of land and its resources.
⇒ Shall apply to the Nagaland unless it’s Legislative Assembly by a resolution so decides

Article 243T (3) - Not less than 33% of the total seats by rotation are reserved for women in direct municipal elections.

Article 243T (4) – Reservation of women for offices of Chairperson of municipalities would bedecided by law by the State Legislative Assembly.


4. FRBM Act & report by N.K Singh Panel

Report on revising the Fiscal Responsibility and Budget Management Act


5. Electoral bonds

  • The bonds will only be issued by a notified bank
  • It could only be bought using cheques or digitalpayments.
  • The bonds purchased by donor will be given to a political party for a fixed period of time.
  •  A political party using their notified bank account can convert these bonds into money.
  •  All political parties are required to notify their bank account to the Election Commission.
  • This bond will be like a bearer cheque which will facilitate donor's anonymity.

REFORMS:

  • The maximum amount of cash donation that a political party can receive will be 2000/- from one person.
  • Political parties will be entitled to receive donations by cheque or digital mode from their donors.
  •  An amendment is being proposed to the Reserve Bank of India Act to enable the issuance of electoral bonds(India will be the first country in the world) in accordance with a scheme that the Government of India would frame in this regard.
  •  Every political party would have to file its return within the time prescribed in accordance with the provision of the Income-tax Act.
  • The existing exemption to the political parties from payment of income-tax would be available only subject to the fulfillment of above conditions.


6. New CBI law

Government of India (GOI) turned down the recommendation of Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice (PSC) on a new law for the CBI.

  • It is the main investigation agency of the central government for cases relating to corruption and major criminal probes.
  • It has its origin in Special Police Establishment set up in 1941 to probe bribery and corruption during World War II.
  • CBI was set up by a resolution of Ministry of Home Affairs in 1963 after Santhanam committee recommendation.
  • Superintendence of CBI rests with CVC in corruption cases and with Department of personnel and training in other matters.
  • Presently it acts as an attached office under DOPT.
  • Although DSPE Act gives legal power to CBI, CBI is not a statutory body as:

⇒ Word ‘CBI’ is not mentioned in DSPE act.
⇒ Executive order of MHA did not mention CBI to be constituted under DSPE Act.

  • Functions of CBI include solving:

⇒ Corruption Cases
⇒ Economic Crimes like financial frauds, narcotics


7. NHRC:
The Global Alliance for National Human Rights Institutions (GANHRI), affiliated to the UN High Commissioner for Human Rights, has deferred National Human Rights Commission (NHRC) re-accreditation until November 2017.


8. Contempt of court consists of
words spoken or written which tend to bring the administration of Justice into contempt, to prejudice the fair trial of any cause or matter which is the subject of Civil or Criminal proceeding or in any way to obstruct the cause of Justice.

  • Article 129 and Article 142 (2) of the Constitution enables the Supreme Court to issue notice and punish any one including Judges of the High Court for its contempt or contempt of any subordinate courts.
  • Need of Such Powers: Contempt provisions have been provided to ensure that the Judges do not come under any kind pressure either from media criticisms or by general public opinion and discharge their duties without any kind of fear and favour or any external influence whatsoever.


9. Anti defection law: Telngana issue:

No time frame for speaker to decide

  • The law states that the decision of Presiding officer is final and not subject to judicial review. The Supreme Court later on held that there may not be any judicial intervention until the presiding officer gives his order. However, the final decision is subject to appeal in the High Courts and Supreme Court.
  • Though there is provision of judicial review (KihotoHollohan case, 1993) still judiciary is by and large helpless at the pre-decisional stage as no clear role is mentioned in the anti-defection law.


10. Sumit Bose Report:

  • An Expert Group under the Chairmanship of former Finance Secretary Shri Sumit Bose was constituted to study the objective criteria for allocation of resources to States and identification and prioritization of beneficiaries under various programme using Socio Economic and Caste Census (SECC) data.
  • submitted its report to the Ministry of Rural Development.
  • The use of SECC data and its TIN (Temporary Identificati on Number) would enable the government to improve the efficacy of its interventions and will result in an improved outcome.
  • It also talked about regular updation and verification of SECC data to eliminate the need to mount standalone SECC in the long run, which would put an additional burden on public resources.
  • The SECC has the potential to move from being a census-like socio-economic database to becoming the core of a functioning Social Registry Information System (SRIS).


11. Supreme Court has held that they daily wagers, temporary, casual and contractual employees should be paid at par with regular employees doing the same job as them. (Article 141 (Binding on all court) Article 39 (d) Equal pay for equal work


12
NDTV BAN: art  19 (1) & 19 (2)


13.
art 312 AJS: Article 312 of the constitution also confers power on the Parliament to create All India Services. After the Swaran Singh Committee’s recommendations in 1976, Article 312 was modified to include the judicial services, but it excluded anyone below the rank of district judge.


14. Article 50
under the Constitution Of India provides for separation of Judiciary from Executive. And thus executive despotism in judicial appointments is a pre-condition for the debasement of democracy.


15. 
The apex court dismissed the plea of Tamil Nadu government seeking review of the 2014 judgment, which had banned the use of bulls for Jallikattu events in the State and bullock-cart races across the country, saying that it was illegal and unconstitutional as the taming of bulls for such an event amounted to “cruelty”. The 2014 judgement of court declared Tamil Nadu Regulation of Jallikattu Act, 2009 as constitutionally void, being violative of Article 254(1) of the Constitution

(1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause ( 2 ), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void


16.
Article 324:


17.Karnataka
is set to become the first State to have a Good Samaritan law and other States must follow its lead.


18. Private member Bill: Marriage waste

In Lok Sabha, the last two and a half hours of a sitting on every Friday are generally allotted for transaction of “Private Members' Business”, i.e., Private Members' Bills and Private Members' Resolutions. Every member of Parliament, who is not a Minister, is called a Private Member.

 Private-member
Image Source: timesofindia.indiatimes.com


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