KAPIL SIKKA
MOST IMP CURRENT AFFAIRS FOR PRELIMS 2022
ABOUT ME
Mentoring, guiding and teaching UPSC students since 8 years
Polity, Indian Economy, Essay, Internal Security & Post Independence India
Teaching Political Science Optional
GS by Kapil Sikka (https://t.me/kapillive)
@kapilsikkaa 2
POLITY Current Affairs
1. National Commission for Safai Karamcharis (NCSK) The Union Cabinet has approved the extension of the tenure of the National Commission for Safai Karamcharis (NCSK) for three years beyond 31.3.2022.
About NCSK •
Establishment: 1993
•
Act: NCSK Act 1993
•
Body: Statutory
•
Objective: To give its recommendations to the Government regarding specific programmes for welfare of Safai Karamcharis, study and evaluate the existing welfare programmes for Safai Karamcharis, investigate cases of specific grievances etc.
•
Work assigned under Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
1. to monitor the implementation of the Act 2. tender advice for its effective implementation to the Centre and State Governments 3. enquire
into
complaints
regarding
contravention
implementation of the provisions of the Act
/
non-
2019 saw the highest number of manual scavenging deaths 2018, 29,923 people were engaged in manual scavenging in Uttar Pradesh, making it the highest in any State in India.
As part of the ‘World toilet Day’ (Nov 19) celebrations, Ministry of Housing and Urban Development is launching a week long awareness campaign on Safai Mitra Suraksha Challenge (SSC) from November 14th to 20th November 2021
to run up to the ‘Swachh Amrit Diwas’, an award ceremony to recognize the role and efforts of the states, cities, ULBs and
Cantonment Board in Swachh Survekshan 2021, and Garbage Free Star Rating certification on 20th November, 2021
Under Safaimitra Suraksha Challenge (SSC), Call Centre and Helpline number for safe cleaning have been operationalized in 345 cities with ‘14420’ helpline number till date for safe cleaning of septic tanks/sewers & registering complaints on hazardous cleaning. 31 States/UTs have established with Responsible Sanitation Authority (RSA) and 210 cities are having the Sanitation Response Units (SRU). All 246 participating cities have already notified ban on single-use plastic (SUP).
MoHUA has also designed standard uniform designs for different categories of sanitation workers across urban India. These include Swachhata Commandos (sanitation workers engaged in underground cleaning of sewers and septic tanks), Safaimitras (engaged in road sweeping and waste collection) and Swachhata Supervisors/ Operators. The designs have been developed with support from NIIFT, Mohali and NIFT Gandhinagar and specifications have been rolled out to States and ULBs to prepare and distribute the uniforms as per the approved designs.
GARBAGE FREE STAR RATING CERTIFICATION
This self-declaration will be further verified through an independent third-party agency appointed by MoHUA for 1-star, 3-star, 5-star and 7-star garbage free ratings.
WHAT IS MANUAL SCAVENGING Manual scavenging is the practice of removing human excreta by hand from sewers or septic tanks. India banned the practice under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR).
The Act bans the use of any individual for manually cleaning, carrying, disposing of or otherwise handling in any manner, human excreta till its disposal.
In 2013, the definition of manual scavengers was also broadened to include people employed to clean septic tanks, ditches, or railway tracks. The Act recognizes manual scavenging as a “dehumanizing practice,” and cites a need to “correct the historical injustice and indignity suffered by the manual scavengers.”
2. Department of Personnel and Training (DoPT) Why in News?
•
The Department of Personnel and Training (DoPT) wrote to the States that the Union government proposes to amend Rule 6
(deputation of cadre officers) of the Indian Administrative Service (Cadre) Rules 1954.
It’s Impact: •
The Union government will acquire for itself overriding powers to transfer IAS and IPS officers through Central deputation, doing away with the requirement of taking the approval of the State governments.
What is the rule for Central Deputation? •
Before any officer of the AIS is called for deputation to the Centre,
his or her concurrence is required. •
The Establishment Officer in the DoPT invites nominations from the State governments.
•
Once the nomination is received, their eligibility is scrutinised by a panel and then an offer list is prepared, usually with the State
government on board.
Data •
As per the latest offer list on the MHA’s website, only 10 IPS
officers from States have offered themselves to be available for Central deputation, including four Director General rank officers and only two Superintendent of Police rank officers.
All India Services •
The Constitution provides for the creation of All India Services (AIS)
common to the Union and the States. (Article 312) •
The All India Services Act, 1951 provides that the Central
Government may make rules for regulating the recruitment and the conditions of service of persons appointed to the All India Services. •
Presently only the IAS, the IPS and the IFS have been constituted as All India Services.
What are West Bengal’s objections? Chief Minister Mamata Banerjee has written to Prime Minister Narendra Modi, who is the Minister for DoPT, that the proposals are “against the spirit of cooperative federalism” and “will affect administration of the state”.
What are West Bengal’s objections? “By insisting on officers to be made available for deputation through the
proposed amendment, not only will the administration of States be affected but also it would become impossible to assess and plan the administration of
a State – by engaging such officers who form part of the Central Deputation Reserve, fraught with the uncertainty of their sudden deputation by the Centre,”
How are officers sent on central deputation today, and how could the amendments affect it? The Centre asks every year for an “offer list” of officers of the All India Services (IAS, IPS and Indian Forest Service) willing to go on
central deputation, from which it selects officers.
How are officers sent on central deputation today, and how could the amendments affect it? While Rule 6(1) says that in case of disagreement, the state shall
give effect to the decision of the Centre, this has not been possible in several cases of conflict.
Even the proposed amendment leaves the state with an escape route by stating that the number of officers to be sent on deputation shall be decided by the central government “in consultation with the State Government concerned”.
And while the Centre mandates the state governments to provide a list of officers, the officer too must be willing, with Rule 6(2) stating: “no cadre officer shall be deputed to any organisation or
body of the type referred to in item (ii), except with his consent”. Item (ii) covers certain kinds of organisations.
In January 2021, a West Bengal-based lawyer, Abu Sohel, filed a PIL in the Supreme Court seeking Rule 6(1) be struck down.
He contended that because of the rule, states have to bear the brunt
of arbitrary actions taken by the Centre, while the rule makes it difficult for the Centre to enforce its will on a state that refuses to
back down.
The court, ruling on March 1, did not find any merit in the petition.
In cases of tussle, how often has the Centre has its way? Usually, the states have had their way. Among the latest examples
was a tussle involving Alapan Bandyopadhyay, an IAS officer of the 1987 batch, now retired and serving as Chief Adviser to West Bengal CM Banerjee.
In cases of tussle, how often has the Centre has its way? Last year, when he was due to begin an extension of three months after retiring as Chief Secretary, the Centre asked him to report on the day of his retirement. Bandyopadhyay did not do so, and the Chief Minister did not relieve him either.
In December 2020, the Centre asked that three IPS officers, who were in charge of security when BJP president J P Nadda’s motorcade was attacked outside Kolkata on December 10, allegedly by supporters of the Trinamool Congress, be sent on deputation to the Centre.
The state refused, citing a shortage of IPS officers, and the Centre did not insist either.
3. National Lok Adalat Why in News? •
National Legal Services Authority (NALSA) is committed to deliver prompt and inexpensive justice to the citizens.
•
Recently, it has decided to lay more emphasis on contribution of National Lok Adalat in effectively reducing the number of pending
cases through Alternative Dispute Mechanisms.
•
Across the country, a total number of 1,27,87,329 cases were disposed of in four National Lok Adalats, which included a huge number of pending cases i.e., 55,81,117 and a record number of pre-litigation cases i.e., 72,06,212.
About Lok Adalat
•
Lok Adalat is one of the alternative dispute redressal mechanisms.
•
It is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably.
•
Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987.
Provisions of the Act
•
Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on
all parties. •
No appeal against such an award lies before any court of law.
•
If the parties are not satisfied with the award of the Lok Adalat though there is no provision for an appeal against such an award.
•
However, they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate.
Fees
•
There is no court fee payable when a matter is filed in a Lok Adalat.
•
If a matter pending in the court of law is referred to the Lok Adalat and is settled subsequently, the court fee originally paid in the court on the complaints/petition is also refunded back to the parties.
Deciding Authority •
The persons deciding the cases in the Lok Adalats are called the Members of the Lok Adalats.
•
They have the role of statutory conciliators only and do not have any judicial role; therefore they can only persuade the parties to come to a conclusion for settling the dispute outside the court in the Lok Adalat.
•
They should not pressurize or coerce any of the parties to compromise or settle cases or matters either directly or indirectly.
MEMBERS • The Lok Adalat is presided over by a
• sitting or retired judicial officer as the chairman, • with two other members, usually a lawyer and a social worker
•
The Lok Adalat shall not decide the matter so referred at its own
instance, instead the same would be decided on the basis of the compromise or settlement between the parties. •
The members shall assist the parties in an independent and impartial manner in their attempt to reach amicable settlement of their dispute.
Nature of Cases to be Referred to Lok Adalat •
Any case pending before any court.
•
Any dispute which has not been brought before any court and is likely to be filed before the court.
•
Provided that any matter relating to an offence not compoundable under the law shall not be settled in Lok Adalat.
Mobile Lok Adalats are also organized in various parts of the country which travel from one location to another to resolve disputes in order to facilitate the resolution of disputes through this mechanism.
4. Right to Privacy Why in News? •
Recently, a Judge of the Madras High Court has said that a recent order passed by another judge of the same court, mandating the installation of CCTV cameras inside spas [massage and therapy centres], appears to run counter to the Supreme Court's landmark
judgement in K.S. Puttaswamy case (2017).
About Right to Privacy: •
The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21
•
It is a part of the freedoms guaranteed by Part III of the Constitution.
•
Related Articles: Articles 14, 19 and 21 of the Constitution of India:
K.S. Puttaswamy case (2017): •
The Supreme Court described privacy and its importance in the landmark decision of K.S. Puttaswamy v. Union of India in 2017.
•
The Puttaswamy judgement holds that the right to privacy is protected as a fundamental constitutional right under Articles 14, 19 and 21 of the Constitution of India.
Various Forms of Right to Privacy: •
A right to bodily autonomy
•
A right to informational privacy
•
A right to privacy of choice
• The right to go abroad • The right to privacy • The right to education • The right against solitary confinement
• The right against hand cuffing • The right against delayed execution • The right to shelter • Right to livelihood
• Right to health and medical aid • The right against custodial death • The right against public hanging
• Doctors assistance • Right to internet • Right to Marriage
The doctrine of Separation of Powers: •
The reach of fundamental rights cannot be curtailed by any judicial measure.
•
It held that, though no right can be absolute, restrictions can be put in place only by the legislature or the executive.
•
Apart from it, the Supreme Court alone can do so in the exercise of its power under Article 142.
5. Right to be Forgotten
Why in News? •
The Centre has informed the Delhi High Court that the Personal Data Protection Bill 2019, contains provisions related to the ‘right to be forgotten’.
What is Right to be Forgotten? •
‘Right to be forgotten’ is a fairly new concept in India where an individual could seek to remove or delete online posts which may contain an embarrassing picture, video or news articles mentioning them.
•
The Ministry of Electronics and Information Technology (MeitY), in an affidavit, stated that the international legal concept of ‘right to be
forgotten’ is evolving in India. “The right to privacy (Article 21) is a fundamental right and it also includes the right to be forgotten.”
Personal Data Protection Bill 2019: •
This Bill contains provisions related to the doctrine of ‘right to be forgotten’.
•
The Bill seeks to provide for protection of personal data of individuals, and establishes a Data Protection Authority for the same.
•
The Bill governs the processing of personal data by: i)
government,
ii) companies incorporated in India iii) foreign companies dealing with personal data of individuals in India
•
Definition of Personal Data: Personal data is data which pertains to characteristics, traits or attributes of identity, which can be used
to identify an individual. •
The Bill categorises certain personal data as sensitive personal
data.
This includes financial data, biometric data, caste,
religious or political beliefs, or any other category of data
specified by the government, in consultation with the Authority and the concerned sectoral regulator.
So, what is the ‘Right to be Forgotten’ in the Indian context?
• What is a Privilege Motion and who can move it?
•
The Right to be Forgotten falls under the purview of an individual’s right to privacy, which is governed by the Personal Data Protection Bill that is yet to be passed by Parliament.
So, what is the ‘Right to be Forgotten’ in the Indian context?
• What is a Privilege Motion and who can move it?
•
In 2017, the Right to Privacy was declared a fundamental right by the
Supreme Court in its landmark verdict. •
The court said at the time that, “the right to privacy is protected as an
intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution”.
What does the Personal Data Protection Bill say about this?
• What is a Privilege Motion and who can move it?
•
The Personal Data Protection Bill was introduced in Lok Sabha on
December 11, 2019 and it aims to set out provisions meant for the protection of the personal data of individuals.
What does the Personal Data Protection Bill say about this?
• What is a Privilege Motion and who can move it?
•
Clause 20 under Chapter V of this draft bill titled “Rights of Data Principal” mentions the “Right to be Forgotten.”
•
It states that the “data principal (the person to whom the data is
related) shall have the right to restrict or prevent the continuing disclosure of his personal data by a data fiduciary”.
•
Therefore, broadly, under the Right to be forgotten, users can de-link, limit, delete or correct the disclosure of their personal information held by data fiduciaries.
•
A data fiduciary means any person, including the State, a company, any juristic entity or any individual who alone or in conjunction with others determines the purpose and means of processing of personal
data.
•
Even so, the sensitivity of the personal data and information cannot be
determined independently by the person concerned, but will be overseen by the Data Protection Authority (DPA). •
This means that while the draft bill gives some provisions under which a data principal can seek that his data be removed, but his or her rights are subject to authorisation by the Adjudicating Officer who works for the DPA.
• While assessing the data principal’s request,
• this officer will need to examine the sensitivity of the personal data,
• the scale of disclosure, degree of accessibility sought to be restricted,
• role of the data principal in public life and the nature of the disclosure among some other variables.
Do other countries recognise this right?
• What is a Privilege Motion and who can move it?
•
The Center for Internet and Society notes that the “right to be forgotten” gained prominence when the matter was referred to the Court of Justice of European Union (CJEC) in 2014 by a Spanish Court.
Do other countries recognise this right?
• What is a Privilege Motion and who can move it?
•
In
this
case,
one
Mario
Costeja
González
disputed
that
the Google search results for his name continued to show results
leading to an auction notice of his reposed home.
•
González said that the fact that Google continued to show these in its search results related to him was a breach of his privacy, given that the
matter was resolved, the center notes.
•
In the European Union (EU), the right to be forgotten empowers individuals to ask organisations to delete their personal data.
•
It is provided by the EU’s General Data Protection Regulation (GDPR), a law passed by the 28-member bloc in 2018.
•
According to the EU GDPR’s website, the right to be forgotten appears
in Recitals 65 and 66 and in Article 17 of the regulation, which states,
•
“The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay” (if one of a number of conditions applies).
•
In its landmark ruling, the EU’s highest court ruled in 2019 that the ‘right to
be forgotten’ under European law would not apply beyond the borders of EU member states.
•
The European Court of Justice (ECJ) ruled in favour of the search engine giant Google, which was contesting a French regulatory authority’s order to
have web addresses removed from its global database.
•
This ruling was considered an important victory for Google, and laid down that the online privacy law cannot be used to regulate the internet in countries such as India, which are outside the EU.
INTERNATIONAL • United Kingdom JURISPRUDENCE Rehabilitation of Offenders Act (1974) and the 'Spent Conviction Scheme' have the effect of limiting the disclosure of certain offences
• RTBF took shape largely from the 1995 Directive of the European Union on the protection of individuals with regard to the processing of personal data • established in the European Union General Data Protection Regulations (GDPR) 2016, which came into force on the 25th May 2018.
INDIAN STATUS
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6. Language in High Court
Why in News? •
A Division Bench of the Gujarat High Court has asked a journalist facing contempt of court proceedings to speak only in English as that was the language in the higher judiciary.
Article 348 in The Indian Constitution •
Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc
1. Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides
(a) all proceedings in the Supreme Court and in every High Court, (b) the authoritative texts
Constitutional Provisions: •
The Article 348 of the Constitution mandates that the language of the High Court would be English.
What the High Court Rule says? •
In the High Court, there is a rule even if any party who does not
hire a lawyer and appears in person has to speak and argue in English only.
i)
of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State,
ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor of
a State, and iii) of all orders, rules, regulations and bye laws issued under this
Constitution or under any law made by Parliament or the Legislature of a State, shall be in the English language
Suspension of the Maharashtra Legislative Assembly
Why in News? •
Recently, the Hon’ble Supreme Court revoked a year-long suspension of 12 MLAs of the Maharashtra Legislative Assembly.
Ground of Suspension: •
The resolution passed by the Maharashtra Legislative Assembly suspended the MLAs for a period of one year on the pretext of their
disorderly behavior during the ongoing monsoon session.
Challenge to the Suspension in Supreme Court: •
The suspended MLAs filed a writ petition (Ashish Shelar and Ors. v. State of Maharashtra Legislative Assembly and anr.) in the Hon’ble
Supreme Court. •
The challenge to suspension relied mainly on grounds of denial of
the principles of natural justice and violation of laid-down procedure. •
The MLAs were not allowed to present their opinions, and their suspension in itself violated Article 14[2] (equality before law) of the Constitution.
Why it is Revoked? •
The Hon’ble Court held that the suspension of MLAs was ‘unconstitutional’, ‘substantively illegal’ and ‘beyond the powers of
the assembly’. •
The court held that the resolution passed by the House was
‘irrational’ since the suspension should be limited to the time frame of the ongoing session. •
The bench took note of the fact that a suspension for one full year was even worse than expulsion.
•
For, in cases of expulsion the vacant seats would be filled up through suitable mechanisms.
•
A reduction in the number of members of the Opposition party
would put the coalition government at a higher pedestal since the opposition might not be able to effectively participate fearing such
suspensions. •
The bench referred to Article 190(4), which lays down that the House may declare the seat vacant of a member who is absent for 60 days without permission.
•
Section 151(A) of The Representation of the People Act, 1951 mandates a bye-election for filling any vacancy shall be held within six months from the date of the occurrence of the vacancy.
•
This indicates that no constituency can have a vacant seat for more than six months.
Source: https://www.juscorpus.com/supreme-courts-verdict-on-suspension-ofmlas-an-analysis/
Freedom of Religion
Why in News? •
According to Hindustan Times, 27 students were barred from entering a government-run pre-university college — which is equivalent to a high school — for wearing hijabs in the coastal town of Kundapur in Karnataka's Udupi district.
Freedom of Religion: Constitutional Provisions: •
Article 25: It imparts freedom of conscience and free profession, practice and propagation of religion.
•
Article 26: It gives freedom to manage religious affairs.
•
Article 27: It sets freedom as to payment of taxes for promotion of any particular religion.
•
Article 28: It gives freedom as to attendance at religious instruction or religious worship in certain educational institutions.
Article 28 in Detail: •
Article 28 provides freedom from any religious instruction in educational institutions which are maintained completely out of State funds.
•
This article is not applicable to an educational institution if it is
administered by the State, but was established under any endowment or trust requiring certain religious instruction to be
imparted in that institution.
•
This article also protects a person from taking part in any religious instruction or attending any religious worship which may be conducted in an institution recognized by State or receiving aid from State funds unless his guardian has consented.
What does Islam says? Kerala Governor Arif Mohammad Khan has expressed that hijab is not a part of Islam as a turban is of Sikhism. He said: •
Hijab is not a part of Islam.
•
Hijab is mentioned seven times in Quran, but it is not in connection with the women's dress code.
•
It is in connection with 'purdah' which means that when you speak, you should have 'purdah' in between.
Delimitation Commission
Why in News? •
The Delimitation Commission is proposing to effect significant changes to the electoral boundaries of Jammu and Kashmir by creating a trans-Pir Panjal Lok Sabha constituency while redrawing the existing assembly constituencies.
Background: •
After Article 370 was diluted and Ladakh became a separate Union Territory (UT), Jammu and Kashmir’s Lok Sabha seats were reduced from six to five – two in Jammu and three in Kashmir.
Delimitation Commission: •
Delimitation literally means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body.
•
In India, such Delimitation Commissions have been constituted 4
times – in 1952 under the Delimitation Commission Act, 1952, in 1963 under Delimitation Commission Act, 1962, in 1973 under
Delimitation Act, 1972 and in 2002 under Delimitation Act, 2002. •
It is appointed by the President of India.
•
It works in tandem with the Election Commission of India.
•
The Delimitation Commission in India is a high power body whose
orders have the force of law and cannot be called in question before any court.
•
These orders come into force on a date to be specified by the President of India in this behalf.
•
According to Article 82 of the Constitution, the Parliament must pass a Delimitation Act following each census.
•
Under Article 170, the states also get classified into territorial
constituencies after every census.
Minerals (Evidence of Mineral Contents) Second Amendment Rules, 2021
Why in News? •
Ministry of Mines has notified the Minerals (Evidence of Mineral Contents) Second Amendment Rules, 2021 and the Mineral (Auction) Fourth Amendment Rules, 2021 to amend the Minerals (Evidence of Mineral Contents) Rules, 2015 [MEMC Rules] and the
Mineral (Auction) Rules, 2015 [Auction Rules], respectively.
•
The
amendment
rules
have
been
framed
after
extensive
consultations with the State Governments, industry associations,
miners, other stakeholders and general public.
What are the Important Amendments? •
Any person intending to obtain composite licence in respect of an
area may submit a proposal to the State Government. •
In order to identify mineral potentiality of a block based on the
available geoscience data where resources are yet to be established, then the State Government shall place it before a committee.
•
On being satisfied of mineral potentiality of the area, the committee may recommend the area for notification for auction with such alteration in it as may be required.
•
The committee shall recommend or reject the proposal within sixty days of its receipt in the State Government and thereafter the State
Government shall notify recommended block for auction or reject the recommendation within sixty days of such recommendation.
103