Daily Current Affairs 12th March 2020

Daily Current Affairs 12th March 2020 Today’s Important Topic’s For UPSC Preparation 1. ROLE OF L-G AND ELECTED GOVT. INTERWINED: HC. 2. STATES TO BE ASKED TO INVOKE EPIDEMIC DISEASE ACT.

3. SC COMES DOWN ON SEXUAL HARASSMENT AT WORKPLACE.

4. COVID-19 IS NOW A PANDEMIC, SAYS WHO.

ROLE OF L-G AND ELECTED GOVT. INTERTWINED: HC Lieutenant Governor: The Governorsand Lieutenant Governors/Administrators of the states and union territories of India have similar powers and functions at the state level as that of the President of India at Union level.

Governors exist in the stateswhile lieutenant governors exist in union territories and in the National Capital Territory of Delhi.

In India, a lieutenant governor is in charge of a union territory.

The rank is present only in the union territories of Andaman and Nicobar Islands, Ladakh, Jammu and Kashmir, Delhi and The other territories have an administrator appointed, who is an IAS officer or a retired judge of a court.

The governors and lieutenant governors are appointed by the president for a term of five years.

Powers: The functions and powers of a Governor and a Lieutenant Governor are, more or less, the same.

The LG, like the Governor, acts a titular head of the Union Territory.

But, the powers of an LG are wider than that of a Governor. This is because, a Governor of a state has to act solely on the aid and advice of the Council of Ministers, whereas, the LG does not need the approval of the Council of Ministers on every matter.

In the Republic of India, a lieutenant governor is the constitutional head of five of the eight union territories. Since the union territories of Delhi, Jammu and Kashmir and Puducherry have a measure of self-government with an elected legislature and council of ministers, the role of the lieutenant governor there is mostly a ceremonial one, akin to that of a state’s governor.

In Andaman and Nicobar Islands and Ladakh however, the lieutenant governor holds more power, being both the head of state and head of government.

The other three union territories—Chandigarh; Dadra and Nagar Haveli and Daman and Diu; and Lakshadweep—are governed by an Unlike the lieutenant governors of other territories, they are usually drawn from the Indian Administrative Service or Indian Police Service.

Since 1985 the Governor of Punjab has also been the ex-officio Administrator of Chandigarh.

Powers and sources of LG of Puducherry: The Government of Union Territories Act, 1963provides for a Legislative Assembly of Pondicherry (as Puducherry was then called), with a Council of Ministers to govern the “Union Territory of Pondicherry”. The same Act says that the UT will be administered by the President of India through an Administrator (LG).

Section 44 of the Act, which deals with the Council of Ministers and its working, says the Council of Ministers headed by a Chief Minister will “aid and advise the Administrator in the exercise of his functions in relation to matters with respect to which the Legislative Assembly of the Union Territory has power to make laws”.

The same clause also allows the LG to “act in his discretion” in the matter of lawmaking, even though the Council of Ministers has the task of aiding and advising him. In case of a difference of opinion between the LG and his Ministers on any matter, the Administrator is bound to refer it to the President for a decision and act according to the decision given by the President. However, the Administrator can also claim that the matter is urgent, and take immediate action as he deems necessary.

Under Section 22 of the Act, prior sanction of the Administrator is required for certain legislative proposals. These include Bills or amendments that the Council of Ministers intends to move in the Legislative Assembly, and which deal with the “constitution and organisation of the court of the Judicial Commissioner”, and “jurisdiction and powers of the court of the Judicial Commissioner with respect to any of the matters in the State List or the Concurrent List”.

Section 23 of the Actalso makes it obligatory on the part of the UT government to seek the “recommendation” of the LG before moving a Bill or an amendment to provide for “the imposition, abolition, remission, alteration or regulation of any tax”, “the amendment of the law with respect to any financial obligations undertaken or to be undertaken”, and anything that has

to do with the Consolidated Fund of the UT. Once the Assembly has passed a Bill, the LG can either grant or withhold his assent; or reserve it for the consideration of the President. He can also send it back to the Assembly for reconsideration.

The manner in which the LG functions vis-à-vis the elected government (Council of Ministers) is also spelt out in the Rules of Business of the Government of Pondicherry, 1963, issued on June 22, 1963.

Under Rule 47, which deals with persons serving in the UT government, the Administrator exercises powers regulating the conditions of service of such persons in consultation with the Chief Minister. In case the LG has a difference of opinion with the Chief Minister, he can refer the matter to the central government for the decision of the President.

Comparison with powers of LG of Delhi: The powers of the LG of Puducherry are different from the ones of the LG of Delhi, the other UT that has an elected legislature and government.

The LG of Delhi has “Executive Functions”that allow him to exercise his powers in matters connected to public order, police and land “in consultation with the Chief Minister, if it is so provided under any order issued by the President under Article 239 of the Constitution”. Simply put, the LG of Delhi enjoys greater powers than the LG of Puducherry.

While the LG of Delhi is also guided by the Government of National Capital Territory of Delhi Act, 1991, and the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993, the LG of Puducherry is guided mostly by the Government of Union Territories Act, 1963.

Articles 239 and 239AA of the Constitution, as well as the Government of National Capital Territory of Delhi Act, 1991, clearly underline that Delhi is a UT, where the Centre, whose eyes and ears are the LG, has a much more prominent role than in Puducherry.

Under the constitutional scheme, the Delhi Assembly has the power to legislate on all subjects except law and order and land. However, the Puducherry Assembly can legislate on any issue under the Concurrent and State Lists. However, if the law is in conflict with a law passed by Parliament, the law passed by Parliament prevails.

Why in News?

The Madras High Court, which on Wednesday held that Puducherry’s Lieutenant Governor and the elected government should act in unison.

It said the State legislatures were a creation of the Constitution, whereas the Union Territory legislatures were created under a law such as the Government of Union Territories Act, 1963.

Stating that the constitutional provisions, the 1963 Act as well as the Rules of Business of the Government of Puducherry lay down the role to be played by the elected government, the Lieutenant Governor and the Centre, the Bench said the laws expect the Lieutenant Governor to act as a bridge between the local government and the Centre.

Welcoming the ruling, Lieutenant Governor Kiran Bedi said, “Law has spoken.”

She said, “Let’s all respect the judgement in letter and spirit and work together for the benefit of people of Puducherry based on integrity and efficiency.”

STATES TO BE ASKED TO INVOKE EPIDEMIC DISEASE ACT Epidemic Disease ACT 1897: The Epidemic Diseases Act was passed in 1897 with the aim of better preventing the spread of “dangerous epidemic diseases”.

It evolved to tackle the epidemic of bubonic plague that broke out in the then Bombay state at the time.

In 1897, the year the law was enforced, freedom fighter Bal Gangadhar Tilak was punished with 18 months’ rigorous imprisonment after his newspapers Kesari and Mahratta admonished imperial authorities for their handling of the plague epidemic.

Provisions of the 1897 Epidemic Diseases Act: The Epidemic Diseases Act is one of the shortest Acts in India, comprising just four sections: – Section 1 explains the title and the extent.

Section 2 gives powers to the state and Central governments to take special measures and formulate regulations that are to be observed by the people to contain the spread of disease.

Section 3 describes penalties for violating the regulations, in accordance with Section 188 of the Indian Penal Code Section 4 deals with legal protection to the implementing officers.

Examples of implementation: In 2018, the district collector of Gujarat’s Vadodara issued a notification under the Act declaring the Khedkarmsiya village in Waghodia taluka as cholera-affected after 31 persons complained of symptoms of the disease.

In 2015, to deal with malaria and dengue in Chandigarh, the Act was implemented and controlling officers were instructed to ensure the issuance of notices and challans of Rs 500 to offenders.

In 2009, to tackle the swine flu outbreak in Pune, Section 2 powers were used to open screening centres in civic hospitals across the city, and swine flu was declared a notifiable disease.

Epidemic Disease ACT 1897

Why in News?

After a meeting of a high-level Group of Ministers, “It has been decided that all States/Union Territories should be advised to invoke provisions of Section 2 of the Epidemic Disease Act, 1897 so that all advisories being issued from time to time by the Ministry/State/UTs are enforceable”.

The GoM was constituted to review the measures taken for the management of COVID-19 in India.

Covid-19

SC COMES DOWN ON SEXUAL HARASSMENT AT WORKPLACE Sexual harassment of women at workplace is an affront to their fundamental right to equality and a life with dignity, the Supreme Court has held in a judgment.

“Sexual harassment at the workplace is an affront to the fundamental rights of a woman to equality under Articles 14 and 15 and her right to live with dignity under Article 21 of the Constitution as well as her right to practice any profession or to carry on any occupation, trade or business”.

Article 14: Right To Equality · Article 14 of the Indian Constitution envisages the ‘Right to Equality’ before the law. This ‘Right to Equality’ applies to all the foreigners and Indians. · Article 14 of the Indian Constitution clearly states that the state/country shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. · To be more precise; the word ‘person’ includes; companies, statutory corporations, registered societies or any other type of legal person.

Equality before Law: This term is taken from the constitution of England which means; I. Equal treatment for all persons before the court. That is, the law will be blind, it will not see who is standing in the dock; rich or poor.

II. There shall not be any privilege for any particular person. It means, everyone will get the same punishment for the same crime.

III. No person (be it rich or poor, white or black, minister or servant) shall be above the law. It means the law will be the same for both the minister and the servant.

Equal protection of laws: Its provisions have been taken from the Constitution of America. The following provisions are given in it.

I. The similar application of the same laws to all persons who are similarly situated.

II. Equal treatment under equal circumstances, both in the privileges conferred and liabilities imposed by the laws.

III. All persons should be treated equally without any discrimination.

The Supreme Court believes that the rule of law written under Article 14 is the fundamental element of the Constitution. Therefore it cannot be abolished in any way even by amending the Constitution.

Article 14

Exceptions to Right to Equality: It is not like that the ‘Rule of Equality’ applies thoroughly. There are some exceptions to this, that is why it does not apply in case of these circumstances and individuals.

I. No criminal proceeding shall be initiated or continued against the President or the governor in any court during his/her term of office.

II. No court can issue an arrest warrant of the President or Government during his/her term of office.

III. No member of state Legislature (MLA) shall be liable to any proceeding in any court in respect of any statement or any vote given by him in the state Legislature.

IV. No Member of Parliament (MP)shall be liable to any proceeding in any court in respect of any statement or any vote given by him in the Parliament.

V. The United Nations and its agencies also have diplomatic immunity.

VI. Foreign (sovereign ruler), ambassadors and diplomatic persons will be free from criminal and civil cases.

Article 15: The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to— (a) access to shops, public restaurants, hotels and places of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

Nothing in this article shall prevent the State from making any special provision for women and children.

Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of

citizens or for the Scheduled Castes and the Scheduled Tribes.

Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.

Article 21:Right to Life

According to Article 21:

“Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.”

This fundamental right is available to every person, citizens and foreigners alike.

Article 21 provides two rights: Right to life Right to personal liberty The fundamental right provided by Article 21 is one of the most important rights that the Constitution guarantees.

The Supreme Court of India has described this right as the ‘heart of fundamental rights’.

Interpretation of Article 21: K Gopalan Case (1950): Until the 1950s, Article 21 had a bit of a narrow scope. In this case, the SC held that the expression ‘procedure established by law’, the Constitution has embodied the British concept of personal liberty rather than the American ‘due process’.

Maneka Gandhi vs. Union of India Case (1978): This case overturned the Gopalan case judgement. Here, the SC said that Articles 19 and 21 are not watertight compartments. The idea of personal liberty in Article 21 has a wide scope including many rights, some of which are embodied under Article 19, thus giving them ‘additional protection’. The court also held that a law that comes under Article 21 must satisfy the requirements under Article 19 as well. That means any procedure under law for the deprivation of life or liberty of a person must not be

unfair, unreasonable or arbitrary.

Francis Coralie Mullin vs. Union Territory of Delhi (1981): In this case, the court held that any procedure for the deprivation of life or liberty of a person must be reasonable, fair and just and not arbitrary, whimsical or fanciful.

Olga Tellis vs. Bombay Municipal Corporation (1985): This case reiterated the stand taken earlier that any procedure that would deprive a person’s fundamental rights should conform to the norms of fair play and justice.

Right to Life and Suicide: Section 309 of the Indian Penal Code (IPC) makes attempted suicide a criminal offence which is punishable with imprisonment and fine.

There were many debates on whether this should continue since mental health experts have argued that people who attempt suicide need adequate counselling and not punishment.

The Mental Healthcare Act, 2017 was passed by the Parliament and the law came into force in 2018. This Act is meant to provide “for mental healthcare and services for persons with mental illness and to protect, promote and fulfill the rights of such persons during delivery of mental healthcare and services.”

This law decriminalises suicide in India.

Article 21

Why in News?

A complaint made by a senior officer of the Punjab and Sind Bank, that she was transferred out from Indore to Jabalpur because she had complained about irregularities and corruption.

The woman, a chief manager and Scale IV officer, said she was also sexually harassed by her senior officer.

‘Mala fide transfer’: It found that her transfer was an act of reprisal against her complaints about the irregularities in the branch.

She was transferred out and sent to a branch which was expected to be occupied by a Scale I officer.

This is symptomatic of a carrot and stick policy adopted to suborn the dignity of a woman who is aggrieved by unfair treatment at her workplace.

The order of transfer was an act of unfair treatment and is vitiated by malafide,” the court concluded.

The court referred to the Sexual Harassment of of Women at Workplace Act of 2013, saying its very purpose was to provide protection to working women.

COVID-19 NOW A PANDEMIC,SAYS WHO;INDIA CONFIRMS 60 CASES The World Health Organization (WHO) said that according to its assessment, COVID-19 “can be characterised as a pandemic”.

What is a pandemic?

According to the WHO, a pandemic is the worldwide spread of a new disease.

The US Centers for Disease Control and Prevention defines a pandemic as “an epidemic that has spread over several countries or continents, usually affecting a large number of people.”

The same body defines an epidemic as “an increase, often sudden, in the number of cases of a disease above what is normally expected in that population in that area.”

The ‘pandemic’ status has to do more with the spread of the disease, than its severity.

It noted with concern that 1,18,000 positive cases had been reported in 114 countries, and more than 90% of cases were in just four.

Visas suspended: With 60 confirmed cases in India, the Central government on Wednesday issued a travel advisory stating that all existing visas, except diplomatic, official, UN/international organisations, employment and project visas, stand suspended till April 15.

It added that any foreign national who intends to travel to India for compelling reason may contact the nearest Indian mission and all incoming travellers, including Indian nationals arriving from or having visited China, Italy, Iran, Republic of Korea, France, Spain and Germany after February 15 shall be quarantined for a minimum period of 14 days.

Fresh cases: The number of confirmed cases in India is 60 with two fresh cases — one each from Delhi and Rajasthan being reported — according to a release issued by the Union Health Ministry.