💥Join UPSC 2027,2028 Mentorship (July Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

GS Paper: GS2

  • [pib] National Creche Scheme

    The Union Minister of Women and Child Development have given information about the National Creche Scheme to the Lok Sabha.

    Try this PYQ:

    Q.Which of the following statements is/are correct regarding the Maternity Benefit (Amendment) Act, 2017?

    1. Pregnant women are entitled to three months pre-delivery and three months post-delivery paid leave.
    2. Enterprises with creches must allow the mother a minimum of six crèche visits daily.
    3. Women with two children get reduced entitlements.

    Select the correct answer using the code given below.

    (a) 1 and 2 only

    (b) 2 only

    (c) 3 only

    (d) 1, 2 and 3

    National Creche Scheme

    • The Ministry of WCD implements the NCS for the children of working mothers as a Centrally Sponsored Scheme through States/ UTs with effect from 01.01.2017.
    • It aims to provide daycare facilities to children (age group of 6 months to 6 years) of working mothers.

    The Scheme provides an integrated package of the following services:

    • Daycare facilities including sleeping facilities.
    • Early stimulation for children below 3 years and pre-school education for 3 to 6 years old children
    • Supplementary nutrition (to be locally sourced)
    • Growth monitoring
    • Health check-up and immunization

  • [pib] Child Beggars and their protection

    The Union Minister of Women and Child Development has given important information regarding the protection of child beggars in India under various acts and ministries.

    Q.What are the various legislatures aimed at protecting Child Beggars in India? Discuss their efficacy in the prevention of child begging as well as abuse.

    Protection of Child Beggars

    (A) JJ Act, 2015

    • The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) is the primary law for children in the country.
    • The Section 2 (14) (ii) of the Act, 2015, considers a child being in force or is found begging, or living on the street as a “child in need of care and protection”.
    • As per Section 76 of JJ Act, whoever employs or uses any child for the purpose of begging or causes any child to beg shall be punishable with imprisonment.
    • The Act provides a security net of service delivery structures along with measures for institutional and non-institutional care, to ensure the comprehensive well being of children in distress situations.
    • The primary responsibility of execution of the Act rests with the States/UTs.

    (B) Child Protection Services (CPS)

    • The Ministry implements a centrally sponsored scheme CPS under the umbrella Integrated Child Development Services scheme.
    • It supports the children in difficult circumstances including child beggars and destitute children.
    • Under the scheme, institutional care is provided through Child Care Institutions (CCIs), as a rehabilitative measure.
    • The programmes and activities in CCIs inter-alia include age-appropriate education, access to vocational training, recreation, health care, counselling etc.
    • The scheme supports 24×7 emergency outreach/ helpline service for children in distress conditions.
    • The service is accessible through a dedicated toll-free number, 1098 from anywhere in India.

    (C) Rehabilitation measures

    • The Ministry of Social Justice and Empowerment, has undertaken a pilot project for Comprehensive Rehabilitation of Persons engaged in the act of begging.
    • It is currently held in ten (10) cities; namely Delhi, Mumbai, Chennai, Ahmadabad, Hyderabad, Bangalore, Lucknow, Patna, Nagpur and Indore.
    • The initiative aims for identification, rehabilitation, counselling, skill development of beggars.
    • It includes education of children engaged in begging/children of persons engaged in the begging.

    The children of today are assets of tomorrow. Yet education, which is a fundamental right to every child in our country, is still a dream for many children in India, especially the ones who are poor, downtrodden and in dire need.

  • The U.S. policy options and its implications for the world order

    The article spells out the U.S.’s foreign policy approach in the changing global order. Though the article doesn’t mention India, the U.S.’s policies and it’s bearing on India need no mention. From that perspective, we should follow their approach.

    Decision on the JCPOA

    • During the U.S. presidential election campaign, Joe Biden had criticised the U.S. withdrawal from the Joint Comprehensive Plan of Action (JCPOA).
    • He had then promised that subject to Iran’s compliance with its obligations, the U.S. would re-enter the agreement.
    • In office, Mr. Biden has shown little urgency on the JCPOA matter.
    • Israel has given the opposite message and said that the nuclear agreement was “bad and must not be allowed”.
    • Israel and the U.S.’s Gulf allies, Saudi Arabia and the United Arab Emirates, have also insisted that they be involved with the discussions with Iran on the revival of the agreement.

    U.S.’s Policy approach

    •  The U.S. policy is likely to show more continuity than change where the U.S.’s core interests are concerned, specifically in its ties with Russia, China and Iran.
    •  Mr. Biden is likely to reverse his predecessor Donald Trump’s personal accommodative approach towards Russia and adopt the U.S.’s traditional confrontational posture.
    • Mr. Biden’s Iran policy is likely to match Mr. Trump’s hardline approach on substantive matters.
    • This approach also panders to Iran’s regional rivals who wish to see the Islamic republic weakened and isolated.
    • There will thus be no dramatic change in the U.S.’s approach to Iran on the nuclear question.

    Regional concerns and role of global powers

    • Despite the sanctions, Iran’s regional influence remains significant.
    • The Iranian ability to mobilise militants across the region is viewed by Israel and some the Gulf Arab states as threatening their security.
    • Gulf states are also concerned about Iran’s influence with their Shia populations.
    • The capabilities of Iran’s precision missiles and drones are also a matter of regional anxiety.
    •  Israel, Saudi Arabia and the United Arab Emirates will be in a face-off with Iran and its allies, Iraq, Syria and its Shia militia.
    • Alternatively, we could see a genuine regional effort to ease tensions and promote regional confidence, spearheaded by Qatar, working with Russia and, possibly, China.
    • Perhaps, Saudi Arabia and the UAE, already facing heat from the Biden administration, will see the value of this approach.
    • Russia now an influential player in the region, China, too, with its Belt and Road Initiative, has high stakes in regional stability.
    • The Sino-Iran 25 years agreement, envisages their substantial and long-term cooperation in political, security, military, economic, energy and logistical connectivity areas.

    Consider the question “How far Joint Comprehensive Plan of Action (JCPOA) has been successful in achieving its goals? How peace in the Middle East influence India’s interests?” 

    Conclusion

    The new U.S. administration will thus witness a new world order, shaped by a coalition of Russia, China and Iran, in which the U.S. is no longer the most significant role-player.

  • Contours of Twitter-government faceoff

    What is the faceoff about

    • Recently, Indian government issued direction to Twitter, ordering it to shut down user accounts connected with farmers’ protests.
    • The government has to exercise powers under Section 69A of the Information Technology Act to block user accounts critical of the farm bills.
    • The accounts which were sought to be censored are back online.
    • This is due to Twitter’s evident refusal to comply with the directions after a constitutional appraisal.
    • It has, as per press statements, cited the doctrine of proportionality in its defence.

    Concerns with the directive

    • This direction presents a clear breach of fundamental rights but also reveals a complex relationship between the government and large platforms on the understanding of the Constitution of India.
    • The specific legal order issued is secret.
    • This brings into focus the condition of secrecy that is threshold objection to multiple strands of our fundamental rights.
    • It conflicts against the rights of the users who are denied reasons for the censorship.
    • Secrecy also undermines the public’s right to receive information, which is a core component of the fundamental freedom to speech and expression.
    • This is an anti-democratic practice that results in an unchecked growth of irrational censorship but also leads to speculation that fractures trust.
    • The other glaring deficiency is the complete absence of any prior show-cause notice to the actual users of these accounts by the government.
    • This is contrary to the principles of natural justice.
    • This again goes back to the vagueness and the design faults in the process of how directions under Section 69A are issued.

    Constitutionality of Section 69A of IT Act

    • The secrecy clause represents a failure on the part of the Union executive, which framed the process for blocking websites in 2009.
    • he Supreme Court also failed to substantively examine the clause.
    • This is despite the opportunity offered by its celebrated judgment Shreya Singhal v. Union of India, when it struck down Section 66A of the IT Act as unconstitutional.
    • At the same time, the court stated in Shreya Singhal, that an aggrieved party could approach a court for remedy if their website or user account was blocked under Section 69A.
    • More recently, the court, when adjudicating the constitutional permissibility of the telecommunications shutdown in Jammu and Kashmir by its judgment in Anuradha Bhasin v. Union of India directed pro-active publication of all orders for internet shutdowns.
    • After this, a decent argument may be made that directions for blocking now need to be made public. 
    • However, several state governments are actively refusing compliance on the publication of orders on internet shutdowns.

    Consider the question “Use of Section 69 of the IT Act to suspend the account of the users on a social media platform has raised concern. Examine these concerns.”

    Conclusion

    The episode leaves a sense of confusion and wonder about why our own government formed under the Constitution may be failing to fulfil its obligations when strangers who trade in our data for profit are seemingly more eager.

  • OTT players adopt ‘toolkit’ for self-regulation

    Online streaming providers have announced the adoption of an ‘implementation toolkit’, under the aegis of the Internet and Mobile Association of India (IAMAI).

    What is the news?

    • Various OTT platforms say that this is in furtherance to the Universal Self-Regulation Code the body had introduced in September.
    • The government had rejected this USRC code.

    Q.What is Over the Top (OTT) media services? Critically analyse the benefits and challenges offered by the OTT media services in India.

    What are OTT Media?

    • An over-the-top (OTT) media service is a streaming media service offered directly to viewers via the Internet.
    • OTT bypasses cable, broadcast, and satellite television platforms, the companies that traditionally act as a controller or distributor of such content.
    • The term is most synonymous with subscription-based video-on-demand (SVoD) services that offer access to film and television content.
    • They are typically accessed via websites on personal computers, as well as via apps on mobile devices (such as smartphones and tablets), digital media players, or televisions with integrated Smart TV platforms.

    Regulating OTT

    • Currently, there is no law or autonomous body governing digital content. The recent move will give the government control over OTT platforms, which were unregulated till now.
    • From time to time, the government had indicated the necessity to monitor these platforms.
    • In October 2019, the government had indicated that it will issue the “negative” list of don’ts for the video streaming services like Netflix and Hotstar.
    • It also wanted the platforms to come up with a self-regulatory body on the lines of the News Broadcasting Standards Authority.

    What is the toolkit about?

    • The effort of the signatories, through this toolkit, is to also address feedback received from the ministry of information and broadcasting inter-alia, on the issues of conflict of interest and prohibited content.

    The all-inclusive implementation toolkit will assist signatories in a seamless transition to self-regulation and guide them on various dimensions like:

    • Relevant laws of the land which will be adhered to by the signatories
    • Fair and transparent functioning of the grievance redressal mechanism, with escalation to an advisory panel with independent members
    • Training programs for creative and legal teams of OCCPs to enhance the knowledge and nuances of laws that govern content
    • Awareness programs for consumers to help increase understanding and use of age rating, content descriptor & parental controls
    • Implementation of a detailed audit and compliance mechanism

    Why such code?

    • The code comes into force at a time when the government has put OTT platforms on the anvil of content regulation after a spate of complaints on the ‘sensitive’ and ‘objectionable’ nature of certain shows.
    • Earlier this week, I&B minister has assured the Parliament that guidelines for the regulation of OTTs have been practically hammered out and will be implemented soon.

  • New disengagement agreement in eastern Ladakh

    In the first major breakthrough in talks China’s Defence Ministry that PLA and Indian troops on the southern and northern shores of Pangong Tso began synchronized and organized disengagement.

    This newscard presents a holistic report on the ground situation of Sino-India border disputes in Ladakh.

    Also, try this PYQ from CSP 2020:

    Q.Siachen Glacier is situated to the

    (a) East of Aksai Chin

    (b) East of Leh

    (c)North of Gilgit

    (d) North of Nubra Valley

    New plan in eastern Ladakh

    • As of now, the disengagement process seems restricted to the north and south banks of Pangong Tso.
    • The process has started with the pulling back of certain columns of tanks from the south bank region by both sides.
    • At the moment, there is no pullback of troops from the friction points and the heights they are positioned on.
    • That will happen in a phased and verified manner.

    Disengagement from Pangong Tso

    • China will pull its troops on the north bank towards the east of Finger 8.
    • Similarly, India will also position its forces at its permanent base near Finger 3.
    • Similar action will be taken by both the parties in the south bank area as well.
    • Both sides have also agreed that the area between Finger 3 and Finger 8 will become a no-patrolling zone temporarily, till both sides reach an agreement through military and diplomatic discussions to restore patrolling.
    • Further, all the construction done by both sides on the north and south banks of the lake since April 2020 will be removed.

    Why is this area important?

    • The north and south banks of Pangong Tso are two of the most significant and sensitive regions when it comes to the current standoff that began in May 2020.
    • What makes the areas around the shores of the lake so sensitive and important is that clashes here marked the beginning of the standoff.
    • It is one of the areas where the Chinese troops had come around 8 km deep west of India’s perception of the Line of Actual Control.
    • China had positioned its troops on the ridgeline connecting Fingers 3 and 4, while according to India the LAC passes through Finger 8.

    Take a glimpse of all friction points along Indian borders:

    India is at an advantage

    • Further, it is in the south bank of the lake that Indian forces in an action in late August had gained a strategic advantage by occupying certain peaks, outwitting the Chinese.
    • Indian troops had positioned themselves on heights of Magar Hill, Mukhpari, Gurung Hill, Rezang La and Rechin La, which were unoccupied by either side earlier.
    • Since then, the Chinese side had been particularly sensitive as these positions allowed India to not only dominate Spanggur Gap.
    • It is a two-km wide valley that can be used to launch an offensive, as China had done in 1962, they also allow India a direct view of China’s Moldo Garrison.

    Why has this taken so long?

    • Since September, China has insisted that India first pull its troops back from the south bank of Pangong Tso, and the Chushul sub-sector.
    • However, India has been demanding that any disengagement process should include the entire region, and troops should go back to their April 2020 positions.
    • However, it seems that for now, both sides have agreed to first disengage from the Pangong Tso area only.

    Principles of disengagement

    In military and diplomatic discussions with China India expects a solution to the issue on the basis of three principles:

    1. LAC should be accepted and respected by both parties.
    2. Neither party should attempt to change the status quo unilaterally.
    3. All agreements should be fully adhered to by both parties.

    Does this mean that the standoff is resolved?

    • There are still some outstanding issues that remain regarding deployment and patrolling on LAC.
    • The Pangong Tso region is just one of the friction areas. There are other friction points, all north of the Pangong Tso, where the troops have been face-to-face since last year.
    • The situation in Depsang Plains continues to be a concern.
    • Both sides agree that complete disengagement under bilateral agreements and protocols should be done as soon as possible.
    • After the talks so far, China is also aware of our resolve to protect the sovereignty of the country.

    Need for confidence building

    • Two of the main stumbling blocks in finding a permanent resolution are lack of trust and no clarity on intent.
    • Any permanent resolution will include first, disengagement of troops from the frontlines from all friction points.
    • Then de-escalation will entail sending the troops from the depth areas to their original bases.
    • Both sides have around 50,000 troops in the region, along with additional tanks, artillery and air defence assets.

    Conclusion

    • A resolution has to include sending these troops and military equipment where they came from on both sides.
    • But neither side had been willing to take the first step to reduce their troop or military strength, as it does not trust the other side.

  • MTP amendment Bill

    The article discusses the provision of the medical board in the MTP (Amendment) Act and issues with it.

    Proposal of medical board

    • The Medical Termination of Pregnancy (Amendment) Bill (‘MTP Bill’) passed in the Lok Sabha is scheduled to be tabled for consideration in Rajya Sabha.
    • The Act prescribes the setting up of medical boards in every state and Union territory (UT), consisting of a gynaecologist, paediatrician, radiologist or sonologist and any other members as proposed by that state or UT.
    • Each board will be responsible for diagnosing substantial foetal abnormalities that necessitate termination of pregnancy after a 24-week gestation period.
    • Medical boards are a form of third-party authorisation and were not envisaged in the MTP Act, 1971.

    Issues with the proposal

    • In the context of the current healthcare budgetary challenges, this proposal to set up infrastructure across the country to regulate medical termination of pregnancies is both financially unsound and practically impossible.
    • India’s healthcare system has neither the financial investment nor the infrastructure to sustain the operation and functioning of medical boards in every state and UT.
    • Due to the weak healthcare infrastructure in the country, it would be practically impossible to constitute these boards with the requisite specialists.
    • Even where they are set up, the accessibility of such boards for pregnant persons, especially those living in rural areas, remains a major challenge.
    • More importantly, subjecting people to multiple invasive examinations is a grave violation of their rights to privacy and dignity.
    • Requiring pregnant persons to navigate a bureaucratic web of authorisation will inevitably lead to delays and thereby impede access to safe and legal abortion services.

    Poor public financing and privatisation of healthcare

    • At 1.6 per cent of GDP in 2019-20 India’s current level of public financing of health is one of the lowest in the world
    • This has meant that most health expenditure in the country is out of pocket (OOP) — borne by patients themselves.
    • OOP expenditure on healthcare is recorded at 58.7 per cent as per the National Health Accounts in 2016-17.
    • The central government has preferred to incentivise private players to set up or offer services, instead of building infrastructural and professional capacity.
    • Privatisation drives up costs of care and the handing over of public facilities to the private sector can have catastrophic consequences.
    • They additionally remain non-accountable to state authorities in terms of affordability or transparency for instance, through Right to Information enquiries, or to uphold fundamental rights like non-discrimination in treatment or employment, or even the fundamental right to health.
    • The National Sample Survey Organisation (NSSO)’s 75th report shows that less than 20 per cent of the population is covered by health insurance in India.
    • According to the National Health Profile 2017, India has only one doctor for roughly 10,200 people in the public sector.

    Consider the question “Discsss the changes made by the Medical Termination of Pregnancy (Amendment) Bill and the challenges its provision could face.”

    Conclusion

    Poor public health infrastructure and absence of specialists across the country have meant that most abortions do not happen in the public sector, but at private centres or at home. With overwhelming shortfalls in specialist availability, especially in rural and scheduled areas, it would be impossible to constitute boards with requisite specialist representation as contemplated under the MTP Bill.

  • Taking the long view with China

    The article explains the various choices India faces in the geopolitical landscape shaped by emergence of two Asian giants.

    New challenges and hard choices on geopolitical front

    • As it moves to becoming the third largest economy in the world, India needs to have a clear-eyed world view and strategy as it makes hard choices.
    • It needs to reject the developing country regional mindset that has shaped India’s  national aims and foreign policy.
    • We have a “special and privileged strategic partnership” with Russia which provides more than three-quarter of India’s military equipment and a “comprehensive global strategic partnership” with the U.S.
    • India’s relationship with the U.S.-led Quadrilateral Security Dialogue (Quad), where the others are military allies, has rightly been cautious, as U.S. President Joe Biden sees China as a ‘strategic competitor’ rather than a ‘strategic rival’.
    • Realism dictates that India does not need to compromise on its strategic autonomy.
    • India faces two sides of the China conundrum: Defining engagement with its neighbour which is consolidating an expanding BRI while remaining involved with the strategic, security and technological concerns of the U.S.

    China’s dominance in financial sphere

    • In the financial sphere, there is the real possibility of the Chinese renminbi becoming a global reserve currency or e-yuan becoming the digital payments currency.
    • China is the world’s largest trading economy.
    • It could soon become the world’s largest economy.
    • China has stitched together an investment agreement with the EU and with most of Asia.
    • Relative attractiveness will determine when the dollar goes the way of the sterling and the guilder.
    • China, facing technological sanctions from the U.S., may well put in the hard work to make this happen soon.

    China: Partner, competitor, and economic rival

    • Some form of the EU’s China policy of seeing the emerging superpower as a partner, competitor, and economic rival depending on the policy area in question is going to be the global norm. 
    • This broad perspective is also reflected in India’s participation in both the Shanghai Cooperation Organisation, designed to resist the spread of Western interests, and in the U.S.-led Quad, with its anti-China stance.
    • Within the United Nations, India’s interests have greater congruence with China’s interests rather than the U.S.’s and the EU’s.
    • Sharing the COVID-19 vaccine with other countries distinguishes India, and China, from the rest.

    India’s engagement with the U.S.

    • The congruence between India and the U.S. lies in the U.S.’s declared strategic objective of promoting an integrated economic development model in the Indo-Pacific as a credible alternative to the BRI, but with a caveat.
    • Instead of an alternate development model, India should move the Quad towards supplementing the infrastructure push of the BRI in line with other strategic concerns in the region.
    • For example, developing their scientific, technological capacity and digital economy, based on India’s digital stack and financial resources of other Quad members, will resonate with Asia and Africa.

    India’s role in global governance

    • Another area where India can play a ‘bridging role’ is global governance.
    • President Xi Jinping’s “community with shared future for mankind”, and Prime Minister Narendra Modi’s “climate justice” and asking how long India will be excluded from the UN Security Council, challenge the frame of the liberal order without providing specific alternatives.
    • With respect to digital data, India has recently expressed that there must be reciprocity in data sharing, and this is the kind of ‘big idea’ for sharing prosperity that will gain traction with other countries.

    India’s growing influence

    • India’s recent policies are gaining influence at the expense of China and the West, and both know this trend will accelerate.
    • The steps to a $5 trillion economy, shift to indigenous capital military equipment, and a new Science, Technology and Innovation Policy underline impact, capacity and interests.
    • ASEAN remains keen India re-join its trade pact to balance China.
    • It is being recognised that India’s software development prowess could shape a sustainable post-industrial state different to the U.S. and China model.

    Consider the question “Examine how India’s foreing policy priorities and its role in global governance is shaped by China’s rise.”

    Conclusion

    As in the historical past, Asia is big enough for both Asian giants to have complementary roles, share prosperity and be independent of each other and of the West.

     

  • What is Division Voting?

    Parliament saw the first instance of division voting in times of the pandemic, with Major Ports Authorities Bill 2020 passed in Rajya Sabha as members voted through slips in view of social distancing norms in place.

    What is the news?

    • The Bill provides for the regulation of major ports and will replace the Major Port Trusts Act of 1963, and a board of Major Port Authority for each major port will replace the current port trusts.
    • The Opposition has charged that the Bill is aimed at privatization of ports.
    • Opposition members said the legislation would adversely affect states’ rights.

    What is Division Voting?

    • A motion is a binary question raised in Parliament for a decision to be taken by MPs.
    • A division is a type of voting which records how each MP voted on a motion.
    • There are three methods of holding a Division i.e.
    1. By operating  the  Automatic  Vote  Recorder
    2. By distributing ‘Ayes’  and  ‘Noes’  slips  in  the  House  and
    3. By members going into  the  Lobbies
    • However, the method of recording of votes in Lobbies has become obsolete ever since the installation of  Automatic  Vote Recording machine.
    • This procedure has not been used for the last two decades

    Not a usual practice

    In spite of the advantages offered by division, it is not the default method of voting in Parliament.

    • The division is only mandated for a set of motions which require a special majority of the house to be passed.
    • For example, constitutional amendment bills have to be passed by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of the House “present and voting”.
    • To ensure that this condition is fulfilled, a division is called for. On other occasions, individual MPs have to ask for a division.
    • During the term of the last Lok Sabha (2014-19), voting by division was held only on 108 occasions. Only half of these were asked for by MPs, the other half related to constitutional amendment bills.

    What is the preferred method?

    • The preferred method for making decisions in Parliament is through a voice vote.
    • In this method, MPs orally convey their agreement or disagreement to a motion.
    • It clubs the individual decisions of MPs in one loud chorus of “Ayes” or “Noes”.
    • Being an oral vote, it does not put on parliamentary record the stand of political parties and individual MPs on contentious political issues.

  • What is Breach of Privilege?

    An MP has issued a breach of privilege notice against an MP from Bengal in the Lok Sabha.

    Try this PYQ:

    Q.With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws etc. conferred by the constitution of delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?

    (a) Committee on Government Assurances

    (b) Committee on Subordinate Legislation

    (c) Rules Committee

    (d) Business Advisory Committee

    What is the news?

    • The accused MP has cast some aspersions with respect to the conduct of a judge.
    • The question is whether the conduct of a judge can be discussed on the floor of the House or not.
    • Article 121 of the Constitution does not allow allegations to be levelled against a sitting or a former judge.

    Breach of Privilege

    • The powers, privileges and immunities of either House of the Indian Parliament and of its Members and committees are laid down in Article 105 of the Constitution.
    • Article 194 deals with the powers, privileges and immunities of the State Legislatures, their Members and their committees.
    • Parliamentary privilege refers to the right and immunity enjoyed by legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties.

    What constitutes a breach of this privilege?

    • While the Constitution has accorded special privileges and powers to parliamentarians and legislators to maintain the dignity and authority of the Houses, these powers and privileges are not codified.
    • Thus, there are no clear, notified rules to decide what constitutes a breach of privilege, and the punishment it attracts.
    • Any act that obstructs or impedes either House of the state legislature in performing its functions, or which obstructs or impedes any Member or Officer of such House in the discharge of his duty, or has a tendency, directly or indirectly, to produce such results is treated as a breach of privilege.
    • It is a breach of privilege and contempt to print or publish libel reflecting on the character or proceedings of the House or its Committees or on any member of the House for or relating to his character or conduct as a legislator.

    Procedure followed in cases of an alleged breach

    • The Legislative Assembly Speaker or Legislative Council Chairman constitutes a Privileges Committee consisting of 15 members in the Assembly and 11 members in the Council.
    • The members to the committee which has quasi-judicial powers are nominated based on the party strength in the Houses.
    • The Speaker or Chairman first decides on the motions.
    • If the privilege and contempt are found prima facie, then the Speaker or Chairman will forward it to the Privileges Committee by following the due procedure.
    • At present, there is no Privileges Committee in either House of the state legislature.
    • The Committee will seek an explanation from all the concerned, will conduct an inquiry and will make a recommendation based on the findings to the state legislature for its consideration.