Wednesday, 22 January 2020

INITIATIVES FOR SAFETY OF WOMEN AND GIRLS BY GOVERNMENT OF INDIA.

The Government has also taken a number of initiatives for safety of women and girls, which are given below:
1.    The Government has set up Nirbhaya Fund for projects for safety and  security  of  women, for  which  Ministry  of  Women and Child Development is the nodal authority for appraising/ recommending the proposals / schemes to be funded under Nirbhaya Fund.
2.    In order to facilitate States/UTs, MHA has launched an online analytic tool for police on 19th February 2019 called “Investigation Tracking System for Sexual Offences” to monitor and track time-bound investigation in sexual assault cases in accordance with Criminal Law (Amendment) Act 2018.
3.    MHA has launched the “National Database on Sexual Offenders” (NDSO) on 20th September 2018 to facilitate investigation and tracking of sexual offenders across the country by law enforcement agencies. NDSO has data of over 5 lakh sexual offenders.


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4.    Emergency Response Support System, which provides a single emergency number (112) based computer aided dispatch of field resources to the location of distress has been operationalized in 20 States/ UTs in 2018-19.
5.    MHA has launched a cyber-crime portal on 20th September 2018 for citizens to report obscene content. Further, Cyber Crime Forensic Labs have been set up in several States, and training of over 3,664 personnel, including 410 Public Prosecutors and Judicial Officers in identifying, detecting and resolving cyber-crimes against women and children has been imparted.
6.    Using technology to aid smart policing and safety management, Safe City Projects have been sanctioned in phase I in 8 cities (Ahmedabad, Bengaluru, Chennai, Delhi, Hyderabad, Kolkata, Lucknow and Mumbai).

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7.    In order to improve investigation, MHA has taken steps to strengthen DNA analysis units in Central and State Forensic Science Laboratories. This includes setting up of a State-of-the-Art DNA Analysis Unit in Central Forensic Science Laboratory, Chandigarh. MHA has also sanctioned setting-up and upgrading of DNA Analysis units in State Forensic Science Laboratories in 13 States/ UTs.
8.    MHA has notified guidelines for collection of forensic evidence in sexual assault cases and the standard composition in a sexual assault evidence collection kit. To facilitate adequate capacity in manpower training and skill building programs for Investigation Officers, Prosecution Officers and Medical Officers has commenced. 2,575 Officers have already been trained by Bureau of Police Research and Development (BPR&D) and Lok Narayan Jayaprakash Narayan National Institute of Criminology and Forensic  Science  in  collection,  handling  and  transportation  of forensic evidence. BPR&D has distributed 3,120 Sexual Assault Evidence Collection Kits to States/ UTs as orientation kit as part of training.
9.    In order to coordinate various initiatives for women safety, MHA has set up a Women Safety Division.
10.         Ministry of Women and Child Development has also introduced the scheme of One Stop Centres to provide integrated support and assistance to women affected by violence and a Scheme for Universalisation of Women Helpline to provide 24 hours emergency and non-emergency response to women affected by violence. Apart from above, the Ministry of Women and Child Development in collaboration with the Ministry of Home Affairs has envisaged engagement of Mahila Police Volunteers in States/UTs who will act as a link between police and community and facilitate women in distress.

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11.         Further, Government of India conducts awareness generation programmes and publicity campaigns on various laws relating to women and their rights through workshops, cultural programmes, seminars, training programmes, advertisements in print and electronic media etc.
12.         MHA has issued advisories to all State Governments/UTs, advising them to ensure thorough investigation, conducting of medical examination of rape victims without delay and for increasing gender sensitivity in Police.


MAJOR REFORMS IN PUBLIC DISTRIBUTION SYSTEM (PDS) FOR BETTER TARGETING, TRANSPARENCY & ACCOUNTABILITY?

           India has placed a lot of emphasis on improving the functioning of Public Distribution System in the country through automation of Fair Price Shops, computerization of Supply Chain Management and enforcement of provisions of National Food Security Act (NFSA), 2013 regarding oversight and grievance redressal in partnership with States/UTs.
Steps taken by Government of India for better targeting, Transparency and Accountability.
Automation of Fair Price Shops: Based on the pilots and learnings from the States/UTs, in November 2014 Department of Food & Public Distribution prescribed the guidelines and specifications for use of PoS at FPS. At present 2,04,162 FPSs (as on 15th May 2017) out of 5,26,377 have PoS.

Direct Benefit Transfer (Cash): “Cash Transfer of Food Subsidy Rules, 2015” were notified on August 21, 2015 under which food subsidy is directly credited to the account of the beneficiaries. At present Chandigarh, Puducherry and Dadra & Nagar Haveli (in few urban areas) are implementing this scheme.

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Aadhaar Seeding in PDS: To weed out duplicate/in-eligible/bogus ration cards and to enable rightful targeting 77.56% i.e. about 17.99 crore ration cards (as on 15th May 2017) have been Aadhaar seeded. Under Section-7 of the Aadhaar Act 2016, the Department has notified the use of Aadhaar to receive subsidized foodgrains or Cash transfer on 8th February 2017.
Deletion of ration cards: As an outcome of digitization of Ration Cards/beneficiary records, de-duplication due to Aadhaar seeding, transfer/migration/deaths, change in economic status of beneficiaries and during the run-up to and implementation of NFSA a total of 2.33 crore ration cards have been deleted/cancelled. Based on this the Government has been able to achieve Rightful Targeting of Food Subsidies of about Rs 14,000 Crore per annum.
Digital/Cashless/Less-cash Payments in PDS: To promote the use of less-cash/digital payment mechanisms, the Department has issued detailed guidelines for use of AePS, UPI, USSD, Debit/Rupay Cards and e-Wallets on 7th December 2016. At present in 10 States/UTs a total of 50,117 FPSs are enabled for digital payments.

Automation of Fair Price Shops: On the basis of pilots and learnings from the States/UTs, in November, 2014 Department of Food & Public Distribution prescribed the guidelines and specifications for use of PoS at FPS. 

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New central sector scheme ‘Integrated Management of PDS’ (IM-PDS): The scheme has been approved with an outlay of Rs. 127.3 crore to be implemented during FY 2018-19 and FY 2019-20 for establishing Public Distribution System Network (PDSN) to establish central data repository and central monitoring system of PDS operations and to also enable implementation of national level portability.

          The recent initiative of Village Mall Scheme aimed at improving the viability of Fair Price shops. To set up Village Malls in the FP Shops, the State Government of AP. 



DISCUSS THE SIGNIFICANCE OF ADITYA L1 MISSION AND IT PAYLOADS IMPORTANCE?


·       Aditya-I is India's first dedicated scientific mission to study the sun.
·       Aditya-L1 mission is aimed at studying the Sun from an orbit around the Sun-Earth Lagrangian point 1 (L1) which is about 1.5 million kilometres from the Earth.
·       It would carry seven payloads to observe the photosphere, chromosphere and the outermost layers of the Sun, the corona in different wavebands.
·       Aditya-L1 can provide observations on the corona and in addition can provide observations on the solar Chromosphere using the UV payload and on the flares using the X-ray payloads.The particle detectors and the magnetometer payload can provide information on charged particles and the magnetic field reaching the halo orbit around L1.
Therefore, the Aditya-1 mission has now been revised to “Aditya-L1 mission” and will be inserted in a halo orbit around the L1, which is 1.5 million km from the Earth.  

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The satellite carries additional six payloads with enhanced science scope and objectives.
·       Aditya-1 was meant to observe only the solar corona.
·       The outer layers of the Sun, extending to thousands of km above the disc (photosphere) is termed as the corona.
·       It has a temperature of more than a million degree Kelvin which is much higher than the solar disc temperature of around 6000K. How the corona gets heated to such high temperatures is still an unanswered question in solar physics.
·       Aditya-L1 with additional experiments can now provide observations of Sun's Corona (soft and hard X-ray, Emission lines in the visible and NIR), Chromosphere (UV) and photosphere (broadband filters). 
·       In addition, particle payloads will study the particle flux emanating from the Sun and reaching the L1 orbit, and the magnetometer payload will measure the variation in magnetic field strength at the halo orbit around L1. 
·       These payloads have to be placed outside the interference from the Earth’s magnetic field and could not have been useful in the low earth orbit.

·       The main payload continues to be the coronagraph with improved capabilities.  The main optics for this experiment remains the same.  

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The complete list of payloads, their science objective and lead institute for developing the payload is provided below:
Visible Emission Line Coronagraph (VELC): To study the diagnostic parameters of solar corona and dynamics and origin of Coronal Mass Ejections (3 visible and 1 Infra-Red channels); magnetic field measurement of solar corona down to tens of Gauss – Indian Institute of Astrophysics (IIA)
Solar Ultraviolet Imaging Telescope (SUIT): To image the spatially resolved Solar Photosphere and Chromosphere in near Ultraviolet (200-400 nm) and measure solar irradiance variations - Inter-University Centre for Astronomy & Astrophysics (IUCAA) 
Aditya Solar wind Particle Experiment (ASPEX) : To study the variation of solar wind properties as well as its distribution and spectral characteristics – Physical Research Laboratory (PRL)       
Plasma Analyser Package for Aditya (PAPA) : To understand the composition of solar wind and its energy distribution – Space Physics Laboratory (SPL), VSSC        

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Solar Low Energy X-ray Spectrometer (SoLEXS) : To monitor the X-ray flares for studying the heating mechanism of the solar corona – ISRO Satellite Centre (ISAC)
High Energy L1 Orbiting X-ray Spectrometer (HEL1OS): To observe the dynamic events in the solar corona and provide an estimate of the energy used to accelerate the particles during the eruptive events - ISRO Satellite Centre (ISAC)and Udaipur Solar Observatory (USO), PRL
Magnetometer: To measure the magnitude and nature of the Interplanetary Magnetic Field – Laboratory for Electro-optic Systems (LEOS) and ISAC.


          With the inclusion of multiple payloads, this project also provides an opportunity to solar scientists from multiple institutions within the country to participate in space based instrumentation and observations.  Thus the enhanced Aditya-L1 project will enable a comprehensive understanding of the dynamical processes of the sun and address some of the outstanding problems in solar physics.










HOW DIGITAL TECHNOLOGIES ARE EXPECTED TO HELP ACHIEVE THE SDGS AND STRENGTHEN THERELATIONSHIP BETWEEN THE STATE AND ITS CITIZENS?

          Development in a country is fostered by its efficient governance. To ensure betterment oftheir citizens, governments over the world have accepted Sustainable Development Goals(SDGs), announced by the United Nations Development Programme (UNDP) in the year2015, as acceptable governance targets for all. Information and CommunicationTechnologies (ICTs)1serve as meaningful contrivances to engage with all the cross-currentslinking the 17 SDGs together. Digital technologies were initially deployed in the early1990s as means of dissemination of public services and information. In present times,these technologies have also been accepted as means for co-creating values for citizensas insisted by participatory models of governance too.

Emerging Technologies - The Changing Realm of e-Governance
Category-I : ‘Artificial Intelligence-AI’ is an area of computer science that emphasises the creation ofintelligent machines that work and react like humans. Based on this logic, some of the applications of AI areMachine Learning, Robotics and Autonomous Vehicles (AV).Example are:
1.    AI can also make governments more vigilant about crimedetection/ incident response processes/ prospective emergencies by analysing ‘digital footprints’ of certainsuspicious people.
2.    New AI-based tools coupled with data mining tools are already being used by the armedforces to speculate about potential national security threat.

3.    Another popular AI implementation is that of drones that are remotely piloted aircraft systems. Dronesoffer low-cost, safe, and quick aerial surveys which can be used for data collection and are useful inindustries such as power, mining, realty, oil and gas exploration, railways and highways.

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Category-II : ‘Transparently Immersive Technologies’ bring the physical world and the digitally simulatedworld closer, hence, creating a sense of immersion for the user. Real sensations can be experienced byusing technologies such as augmented reality, virtual reality, assistive technologies, and wearable technologies.Example are:
1.    The VR uses a computer-generated environment to provide interaction with the real system,using head-mounted systems, whereas, in the realm of AR, the actual machine is augmented or supplementedby computer-generated sensory output.

2.    In India,startups like ‘Smartivity’ have been selling STEM (Science, Technology, Engineering, Math)-based educationalcontent in the form of toys, and DIY (Do-It-Yourself) kits that are AR-enabled.

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Category-III : ‘Emerging Digital Platforms’ are all the technologies that provide the advanced digital connectivity mechanisms and tremendous computing power to process humongous amount of fast data and ubiquity-enabling ecosystems. These features can be best experienced through digital technologies like 5G,Cloud Computing, IoT, Big Data and Blockchain technologies.Examples are :
1.    In India, NITI Aayog has developed the largest blockchain network by the nameof ‘IndiaChain’12 so that records/contracts based frauds are reduced, etc. IndiaChain will be linked to India-Stack and other government digital identification databases to further strengthen transparency in transactions.

2.    BigData analytics’ helps in ‘mining’ / excavating the datameaningfully, thereby creating new business models built around knowledge generated by analysing this humongous and heterogenous data.


FOREST FIRE

            The  word “fire”  evolved from the  Greek word “pyra” meaning growing  embers. Fire is actually the heat  and the light that results when three  elements i.e. fuel, oxygen and the source  are combined. The other elements, which determine  the behavior of the fire, are weather, the landscape  and the presence of the fuel.
            Recent forest fire in Australia has been alarmed the world, this can be understood, need urgent measures in combating forest fire  which highly impacted the ecosystem. Let us see how India prepared forest fire.

 Why forests fire?
            Forest  fire may  be defined  as an unclosed  and freely spreading combustion  that consumes the natural fuels.  Combustion. More than ninety five percent  forest fires are caused either by negligence or unknowingly by the human being. The rest of the fires are caused by natural reasons i. e. lightning, extreme rise in the temperature etc., which are very rare. In general all over the world the main causes  of forest fires are anthropogenic. According to FAO report “Fire Management- Global Assessment ”, regional estimates of human induced forest fires as follows:
a. Mediterranean- 95%
b. South Asia 90 %
c. South America 85
d. North America 80 %
e. Balkan countries 59 %

The natural causes of forest fires are common in remote areas only.

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Causes of forest Fire :
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Adverse impacts of forest fire:
·       Forest fires are a major cause of degradation of forests/environment.
·       Loss of valuable timber resourcesForest fires cause indispensable loss to timber and deteriorate its quality. Valuable timber species like teak, sal, chir, deodar, sheesam , rosewood etc. are adversely affected by fire.
·       Impact of forest fire on eco- system:The uncontrolled fires in such areas help in spreading pine forest at the cost of indigenous oak forest, which is very serious threat to the ecological balance.
·       Degradationofwatercatchmentsareasresultingintolossofwater-After forest fire, soil moisture is decreased and litter decomposition becomes almost negligible, which creates a possibility of forest fire in future.
·       Loss of wildlife habitat and depletion of wildlife- Forests are the habitat of many wild animals.Forest fire dramatically impacts the animal.
·       Loss of natural vegetation and reduction of forest cover- As a result of fires, millions of hectares of the forest area turn to ashes and remains of no use.
·       Global warming- One of the major culprits of climate change is forest fire. The immediate effect of vegetation burning is the production and release of gases including carbon dioxide, carbon monoxide, methane, non-methane hydrocarbons, nitric oxide, methyl chloride and various other gases, which are released and returned to the atmosphere in a matter of hours.

·       Socio-economic impact- Fire is a major factor of destruction of human settlement and often causes deterioration of site by subsequent increased erosion.
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            The Government of India took numbers of the progressive steps for protection, preservation and management of forests fires, including:
I. The Indian Forest Service was revived in 1966 to ensure co-ordinated professional management of Forests.
2. government initiated National plan forest fire management. :considers Forest Fire Management as an integral component of forest management planning,
3.Since the year 2005, FSI has been monitoring forest fires across the country using inputs received from MODIS satellite system, a joint collaboration of NASA.
4.Institutional Setup for Forest Fire Management and stakeholders coordination. example :the Forest Protection Division, headed by Inspector General (IG) level officer looks after the forest fire management work at National level with the cooperation of National Disaster Management Authority (NDMA).
5:Policy framework :Develop/ update forest fire manuals for field staff guiding them in simple way to detect/ report about and suppress forest fire.
6. Assess and monitor forest fire risks and enhance sustainable application of warning systems :Increased capacity in generating relevant warning, increased understanding of warning systems by forest management functionaries and sustained support and coordination between the partner organizations
7 Knowledge management, capacity building and awareness generation:Use knowledge and training to build a culture of innovation, safety and resilience, and institutionalize training on FFM for Forest Department, other role players and also at community levels.Example:Central Fire Management Research and Training Institute.
8 Technical options for forest fire management:Increased capacity to manage forest fire, involving community and using a variety of tested technical interventions.


Systematic Strategic planning effective forest management :
·       Publicity and extension- Covering preparation of publication/extension material e.g. pamphlets, handouts, circulars, posters and media programs through TV, radio, video tapes, etc.
·       Training and education- Designing syllabus for planning, management and ground level firefighting courses in Forestry Institutions.
·       Strengthening of organizational framework- Though appropriate modification and alteration in State Forest Departments’ structural framework and providing sufficient human power.
·       Research and development, by strengthening the existing and introducing new R&D institutions dealing with forest fire management.
·       Establishment of National Forest Fire Danger Rating System- Designing uniform.

·       Contious Monitoring,  evaluation and updating  prescription- Designing uniform formats for reporting, monitoring and evaluation.




CONSTITUTIONAL CONCESSIONS AND PROTECTIONS TO SPECIFIC GROUPS IN INDIA

            Despite separation of powers, the increasing judicial intervention on the actions of executive and legislature shows the power driven politics and breakdown of democratic consensus. The overburden judiciary, delays and large number of pending cases in the courts are serious concerns of the Constitutional values and democracy. 
            There are some concessions and protections to certain States and social groups under the Constitution.
·       Under Article 370 Special Status given to Jammu and Kashmir was one of the conditions for joining into India by the former Princely State after partition of British India. Article 370 was not only removed in 2019 but the State was reduced into two Union Territories of Jammu and Kashmir and Ladak.

·       The Acts of Parliament will not apply to Nagaland under Article 371 A and Mizoram under Article 371G on religious or social practices, customary law, ownership and transfer of land and its resources in the two States unless their Legislative Assemblies decide

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·       Article 371 C recognises the division of Manipur into hills and valley by providing constitution of a Hill Areas Committee in State Assembly elected from the hill areas.
·       Special provision to Sikkim is under Article 371 F and for Arunachal Pradesh under Article 371 H. Fifth Schedule of the Constitution provides separate administration of STs including Tribes Advisory Council with Governor having responsibility to report to President in the tribal areas in India other than North East States.

·       The Sixth Schedule provides separate administration and establishment of District Councils and Regional Councils in the tribal areas of Assam, Meghalaya, Tripura and Mizoram. The Governors in these States have the responsibility to run the administration including permission to apply the Acts of Parliament and State Assemblies in the Sixth Schedule areas.Under Sixth Schedule the additional powers have been given to the Bodoland Territorial Council in Assam since 2003 to make laws in various matters and with special powers to Governor and President. Bodoland Territorial Council is like a mini State within the State of Assam having powers on agriculture, cultural affairs, education upto college level, forests, intoxicating liquors, land and revenue, PWD, transport, tourism etc.       

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·       Under the Articles 14, 15 and 16 in Part III, the State is given the power to put the reasonable restriction on the fundamental rights of the citizens in the interests and for the advancement of the birth based social categories like Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCS). For SCs and STs the reservations are provided in admissions to educational institutions, government jobs, seats in Lok Sabha, State Legislative Assemblies, panchayates and municipalities under the Constitution. In the case of Scheduled Tribes the additional privileges and concessions include protection of land under Article 19(5) and no income tax payments irrespective of high or low income. Therefore it is not surprising that demands for ST status are increasing in North East and other parts of India. In case of OBCs the reservation is confined to admissions to educational institutions and government jobs. For OBCs it is on income basis as to the creamy layers among the OBCs are excluded. It is the Constitution and laws which protect and provide concessions to different social categories including STs. The protections and concessions are not by the traditional tribal chiefs or ethnic based groups in the hill/tribal areas of India including North East.

·       The rising inequalities in income among the individuals and regional disparities in the development process are factors causing prejudices and conflicts among the social groups. In fact new demands for concessions and protections under the Constitution have been increased. These include new reservations, Scheduled Tribe (ST) status, Inner Line Permit System (ILPS) and ethnic/group based political and administrative arrangements.

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DISCUSS THE POLICY MEASURES TAKEN BY GOVERNMENT TO PROMOTE GROWTH AND EMPLOYMENT GENERATION IN INDIAN ECONOMY?

            Measures to promote growth and employment generation: Tax policy plays an important role in promoting the growth and creation of employment. A number of measures have been taken by this Government in this direction, some of which are as under:
(i) Profit-linked deduction was introduced for start-ups.
(ii) The scope of investment-linked deduction was broadened by including certain new sectors, including infrastructure, which are critical to growth.
(iii) Investment allowance and higher additional depreciation was provided for undertakings set up in backward regions of states of Andhra Pradesh, Bihar, Telangana and West Bengal.
(iv) Incentive for employment generation was broadened and the conditions for eligibility to claim the incentive were relaxed.
 (v) Benefit was provided for computation of MAT liability and carry forward of loss for companies under Insolvency and Bankruptcy Code (IBC).
(vi) Safe Harbour provisions were further liberalised to align with industry standards.
(vii) Scope of domestic transfer pricing provisions was restricted only for transactions between enterprises having profit-linked deductions.
(vii) Pass through status was provided to Category I & II Alternative Investment Funds (AIFs).

 (viii) The time period for carry forward of MAT credit was increased from 10 to 15 years.  


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Enumerate measures taken by government  to enhance the sources of capital for infrastructure financing in India?
            Ease of compliance for small businesses: Small businesses constitute the backbone of our economy. In order to reduce the compliance burden of small businesses and professionals, following measures have been taken by this Government: (i) Threshold for presumptive taxation of businesses was raised from Rs. 1 crore to Rs. 2 crore. (ii) For maintenance of books of accounts by individuals and HUFs, (a) income threshold was raised from Rs. 1.20 lakh to Rs. 2.5 lakh; and (b) turnover threshold was raised from Rs. 10 Lakh to Rs. 25 Lakh. (iii) Presumptive taxation was introduced for professionals having receipts up to Rs. 50 lakh. 5. Measures to incentivise affordable housing and real estate:

            Measures to incentivise affordable housing and real estateHousing has been an area of concern for middle and lower-middle class. Further, real estate sector plays a significant role in generating employment in the economy. Considering the importance of housing sector, this Government has taken the following measures to promote this sector: (i) Deduction of interest on loan taken to purchase selfoccupied house property was increased from Rs. 1.5 lakh to Rs. 2 lakh. (ii) 100% deduction was provided for the income of affordable housing projects. (iii) The base year for computation of long term capital gains was shifted from 1981 to 2001. (iv) Holding period for long-term gain on immovable property was reduced from 36 months to 24 months. (v) Safe harbour of 5% on stamp duty value was provided for the purpose of computation of capital gains on immovable property. 

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            Incentives for start-ups: The condition for carry forward and set off of losses in cases of eligible start-ups is proposed to be relaxed enabling them to carry forward their losses on satisfaction of any one of the two conditions, i.e. continuity of 51% shareholding/voting power or continuity of 100% of original shareholders. Further, the provision which allows exemption of capital gains from sale of residential property on investment of net consideration in equity shares of eligible start-up shall be extended by 2 years. Thus the benefit shall be available for sale of residential property on or before 31st March, 2021. The condition of minimum holding of 50% of share capital or voting rights in the start-up is proposed to be relaxed to 25%. The condition restricting transfer of new asset being computer or computer software is also proposed to be relaxed from the current 5 years to 3 years.







ARTICLE 131

What is Article 131 of Indian constution ?Why it is news?
            While Article 131 says the Supreme Court has exclusive jurisdiction to decide disputes between the Centre and the state governments.
            Article 131, which deals with the original jurisdiction of the Supreme Court. A dispute to qualify as a dispute under Article 131, it has to necessarily be between states and the Centre, and must involve a question of law or fact on which the existence of a legal right of the state or the Centre depends. I
            Subject to the provisions of the Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction.
What is original jurisdiction?
            Original jurisdiction of a court refers to its power to hear a case first.
            In criminal matters, offences under the Indian Penal Code are triable by the courts specified in the First Schedule of the Code of Criminal Procedure (CrPC).
            Courts of chief judicial magistrate, judicial magistrate of the first class, metropolitan magistrate and judicial magistrate of the second class have a limit on the amount of sentence they can pass, therefore, the case is committed to higher grade courts.
            A high court exercises its original criminal jurisdiction only if the subordinate courts are not authorised by law to try such matters for lack of jurisdiction.
            High courts, session judge or additional session judge can pass any sentence authorised by law, provided that the death sentence passed by court of session is confirmed by the high court.

            In civil matters, generally, suits are instituted in the court of the lowest grade competent to try it. Although the courts of higher grade can also entertain any case, the idea is not to overburden them.

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            The constitution of India, under Article 131, confers the Supreme Court original jurisdiction in certain special matters.
What are the matters where the original jurisdiction deals?
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one or more other States on the other; or
 (c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends:

Is there any bar on the original jurisdiction of the Supreme Court?
       Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, sanad or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.

Why it is news?

Kerala’s move to challenge the Citizenship (Amendment) Act (CAA) in the Supreme Court. 

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whether a state can challenge the validity of a central law?
            In a 1978 judgment, State of Karnataka v Union of India, Justice P N Bhagwati had said that for the Supreme Court to accept a suit under Article 131, the state need not show that its legal right is violated, but only that the dispute involves a legal question.
Example :A pending consideration before the Supreme Court in a case dating back to 2000. In this case, Jharkhand had challenged a provision in the Bihar Re-organisation Act, 2000, related to the apportionment of pension liability between the two states. The case was filed after Jharkhand was carved out of Bihar in 2000.
1.     Bihar has objected to the challenge by relying on a 2011 decision of a two-judge bench of the top court related to Madhya Pradesh’s challenge to the validity of certain provisions of Madhya Pradesh Reorganisation Act. The court, in that case, had ruled that a state cannot challenge a central law under Article 131. Bihar has cited the judgment and argued against Jharkhand’s challenge.
2.     The Supreme Court delivered its judgment in the Bihar versus Jharkhand case in November 2014, saying it cannot agree with the view taken of the two-judge bench. It ruled that Article 131 is worded in such a manner that the Supreme Court can decide disputes on questions of fact and law under Article 131.
3.     Supreme Court opined that a challenge to a central law can be made under Article 131. “Therefore, we find it difficult to accept the statement of law enunciated by this Court in State of Madhya Pradesh v. Union of India... We are unable to agree with the proposition that this Court cannot examine the constitutionality of a statute in the exercise of its exclusive original jurisdiction under Article 131”, the judgment said.
4.     The Supreme Court rejected West Bengal’s 2017 petition against the Aadhaar Act filed under Constitution’s Article 32, which empowers individuals and organisations to move court against government actions and laws, which may violate fundamental rights.

5.     the Chhattisgarh government filed a suit in the Supreme Court under Article 131, challenging the National Investigation Agency (NIA) Act on the ground that it encroaches upon the state’s powers to maintain law and order.

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How is a suit under Article 131 different from the other petitions challenging the CAA?
            The other petitions challenging the CAA have been filed under Article 32 of the Constitution, which gives the court the power to issue writs when fundamental rights are violated. A state government cannot move the court under this provision because only people and citizens can claim fundamental rights.
            Under Article 131, the challenge is made when the rights and power of a state or the Centre are in question.
            However, the relief that the state (under Article 131) and petitioners under Article 32 have sought in the challenge to the CAA is the same — declaration of the law as being unconstitutional.

Can the Centre too sue a state under Article 131?
            The Centre has other powers to ensure that its laws are implemented. The Centre can issue directions to a state to implement the laws made by Parliament. If states do not comply with the directions, the Centre can move the court seeking a permanent injunction against the states to force them to comply with the law. Non-compliance of court orders can result in contempt of court, and the court usually hauls up the chief secretaries of

Is it unusual for states to challenge laws made by Parliament?
            Under the Constitution, laws made by Parliament are presumed to be constitutional until a court holds otherwise. However, in India’s quasi-federal constitutional structure, inter-governmental disputes are not uncommon.
            The framers of the Constitution expected such differences, and added the exclusive original jurisdiction of the Supreme Court for their resolution. The quasi-federal structure envisaged in 1950 has consolidated into defined powers of the states.

can the Supreme Court declare legislation unconstitutional under Article 131?
            In the case of State of Madhya Pradesh v. Union of India and Anr. (supra), that in an original suit under Article 131, the constitutionality of an enactment cannot be examined.

            Since the above decision is rendered by a coordinate Bench of two judges, judicial discipline demands that we should not only refer the matter for examination of the said question by a larger Bench of this Court, but are also obliged to record broadly the reasons which compel us to disagree. 

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What constitution  say that?

            In India’s federal structure, states have a constitutional obligation to implement the Citizenship Amendment Act, 2019 as passed by Parliament. As per Article 246 of the Constitution, the 17th entry under the Union List of the Seventh Schedule provides exclusive powers to Parliament to legislate on matters related to “citizenship, naturalisation and aliens”. It is tragic to note, therefore, that the chief ministers belonging to Opposition parties, despite taking the oath for bearing true faith and allegiance to the Constitution, are making a mockery of it by publicly expressing their ill-will and expressing their reluctance to to implement the CAA — this is nothing but petty votebank politics. Articles 245 and 256 of the Constitution also oblige states to ensure compliance with the laws made by Parliament. The declaration by the governments of Kerala, West Bengal, Madhya Pradesh, Chhattisgarh, Rajasthan and Maharashtra that these states will not implement the CAA is, therefore, unconstitutional. Even then, while framing the CAA’s rules, the government is considering experts’ suggestions to make the Act operational.

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