💥UPSC 2027,2028 Mentorship (April Batch) + Access XFactor Notes & Microthemes PDF
Talk to mentor

Civilsdaily

Login

Search results for: “”

  • [RSTV Archive] Limited Liability Partnership (Amendment) Bill, 2021

    The government has introduced in the Rajya Sabha the Limited Liability Partnership (Amendment) Bill, which seeks to encourage the startup ecosystem and further boost ease of doing business in the country.

    Key changes as proposed in the bill includes as viz. introduction of the concept of ‘small companies’, decriminalization of certain offences, empowering Govt. to establish special courts etc.

    What are LLPs?

    • A Limited Liability Partnership (LLP) is a partnership in which some or all partners have limited liability. It therefore exhibits elements of partnerships and corporations.
    • In an LLP, one partner is not responsible or liable for another partner’s misconduct or negligence.
    • This is an important difference from that of an unlimited partnership.
    • In an LLP, some partners have a form of limited liability similar to that of the shareholders of a corporation.

    Liability. But against whom?

    • Limited liability means that if the partnership fails, then creditors cannot go after a partner’s personal assets or income.
    • LLPs are common in professional business-like law firms, accounting firms, and wealth managers.

    Benefits offered by an LLP

    • Risk avoidance: For a long time, a need has been felt to provide for a business format that would combine the flexibility of a partnership and the advantages of limited liability of a company at a low compliance cost.
    • Flexibility: The LLP format is an alternative corporate business vehicle that provides the benefits of limited liability of a company but allows its members the flexibility of organizing their internal management on the basis of a mutually arrived agreement.
    • Startup-promotion: This format would be quite useful for small and medium enterprises in general and for the enterprises in services sector in particular.
    • Service-oriented: Internationally, LLPs are the preferred vehicle of business particularly for service industry or for activities involving professionals.  
    • Investment promotion: The hybrid structure of LLP will facilitate entrepreneurs, service providers and professionals to organize and operate in an innovative and efficient manner for effectively competing in the global market.
    • Ease of Doing Business: The cost of forming an LLP is low and there’s’ less compliance and regulatory burden. It has no requirement of minimum capital contribution.

    Limitations of LLP

    • Penalty on non-compliance: The compliance that is to be followed by LLP is minimal. But, if these compliances are not completed on time, then the LLP will have to pay a heavy penalty.
    • Winding up and dissolution of LLP: A minimum of two partners is required to form an LLP. If the minimum number of partners is below two for six months, then the LLP will be dissolved. It may be dissolved if the LLP is unable to pay its debts. 
    • Difficulty to raise capital: The LLP does not have the concept of an IPO (equity or shareholders like a company). Angel investors and venture capitalists cannot invest in the LLP as shareholders.

    LLPs in India

    • The concept of the Limited Liability Partnership (LLP) was introduced in India in 2008.
    • An LLP has the characteristics of both the partnership firm and company.
    • The Limited liability Partnership Act, 2008 regulates the LLP in India.
    • Minimum two partners are required to incorporate an LLP. However, there is no upper limit on the maximum number of partners of an LLP. 

    Setting up of an LLP

    • Minimum two partners are required to incorporate an LLP. However, there is no upper limit on the maximum number of partners of an LLP.
    • Among the partners, there should be a minimum of two designated partners who shall be individuals, and at least one of them should be resident in India.
    • The rights and duties of designated partners are governed by the LLP agreement.
    • They are directly responsible for the compliance of all the provisions of the LLP Act, 2008 and provisions specified in the LLP agreement.
    • The rights and duties of designated partners are governed by the LLP agreement.
    • They are directly responsible for the compliance of all the provisions of the LLP Act 2008 and provisions specified in the LLP agreement.

    LLP Amendment Bill, 2021

    Key Highlights:

    • Total of 12 offences to be decriminalized under LLPs. The decriminalized offences will then get shifted to an internal adjudication mechanism to help unclog criminal courts from routine cases.
    • The government has also approved creation of a class of small LLPs to encourage entrepreneurs. These LLPs will be subject to fewer compliances, reduced fee or additional fee, and smaller penalties in the event of default.
    • The changes, including removing criminal action for failure to comply with provisions of the Act, will help about 2.30 lakh such firms in the country.
    • A penalty in the form of a fine has been decided for violations of general trends. This boosts Aatmanirbhar Bharat.

    New Concepts:

    • Definition of Small Company:  The government will also introduce a new definition of small LLPs based on their turnover size and contributions by partners or proprietors. At present, there are relaxations for thresholds up to turnover size and partner’s contribution of Rs 40 lakh and Rs 25 lakh, respectively.
    • Lower compliance: It will incentivize unincorporated micro and small partnerships to convert into the organized structure of an LLP and derive its benefits. The corporate affairs ministry is also working towards setting up an e-adjudication platform as part of the new version of the MCA21 portal.

  • STREAK DAILY INITIATIVE Day 8 WRAP UP (Free initiative by CD for UPSC Preparation)

    A dream does not become reality through magic; it takes sweat, determination, and hard work. 

    The Streak Daily Initiative is aimed to help out UPSC aspirants in their day-to-day preparation. You can follow the monthly, weekly, and daily timetables and continue this streak until you find yourself on the final list.

    So, let us look at Today’s activities.

    For full-time Aspirants

    1. Historical background and making of the Constitution

    For working Aspirants

    1. Special Provisions for some states, Union Territories, Scheduled and Tribal Areas

    Target Assignment by Ravi Sir:

    Try these Prelims Questions :

    Q. Consider the following statements about Delhi
    legislative assembly

    1. The strength of the council of ministers is fixed
      at fifteen percent of the total strength of the
      assembly.
    2. The chief minister is appointed by the Lt.
      Governor.
    3. The ministers hold office during the pleasure of
      the Lt. Governor.
      Which of the statements given above is/are
      correct?

    1 and 2 only

    1 and 3 only

    2 and 3 only

    None of the above

    Q. Consider the following statements about Inner
    Line Permit

    1. It is a document required by non- natives to visit
      or stay in a state that is protected under the ILP
      system.
    2. Northeastern states covered under ILP are
      Arunachal Pradesh, Mizoram, Meghalaya and
      Nagaland.
    3. All domestic and foreign tourists visiting states
      covered under ILP need to seek a permit.
      Which of the statements given above is/are
      correct?

    1 only

    2 only

    1 and 3 only

    1 and 2 only

    Q. Consider the following statements regarding administration of the Union Territories:

    1. An administrator of the Union Territory is an agent of the President and Head of the State like Governor.
    2. Parliament can make a law on any subject of the three lists for any Union Territory.
    3. Ministry of Home affairs is the nodal ministry for all matters of the Union Territories related to legislation, finance and budget.

    Which of the statements given above is/are correct?

    A. 1 only

    B. 2 and 3 only

    C. 1 and 3 only

    D. 1, 2 and 3

    1. Consider the following statements regarding the 6th scheduled areas of the country
    1. Governor of the State declares the scheduled areas within a particular state
    2. Executive power of centre extends to these areas related to administration of these areas
    3. Acts of Parliament or state legislature do not apply to these areas unless Governor decides so
    4. Tribal Advisory council consists of 24 members of tribal community to advise governor.

    Which of above statements are true?

    1. 1,2 and 3
    2. 2, 3 and 4
    3. 2 only
    4. All of them

    Q. Which of the statements given below about administration of scheduled and tribal areas?


    1. While 5th schedule deals with administration of scheduled areas, 6th schedule deals with administration of tribal areas

    2. Each autonomous district council have elected members only to ensure more autonomy.
    3. There are 10 district autonomous councils in 4 states of North East. 

    4. Scheduled areas have more autonomy than tribal areas.

    Select the correct answer using the codes given below

    1. 1,2 and 3
    2. 1 and 3 only
    3. 2 and 3 only 
    4. All of them

    Video Discussion of Prelims Questions by Santosh Sir:

    https://www.youtube.com/watch?v=YXWwN2gLt5A

    Try these Mains Questions :

    Q: ‘The constituent assembly debates give an insight into the minds of our constitution makers.’ Justify. (10)

    Q: Secularism in indian constitution ensures citizens rights of equality and places duties on the state at the same time. Explain. (250 words)

    Video Discussion of Mains Questions by Sukanya Ma’am:

    Stay tuned with us for tomorrow’s targets.

    ——————————————————————————————–

    Visit our course page for further details

    Register on our course page to access Free Streak study material
  • PRELIMS Is Almost Here! Practice Most Important Questions Daily For FREE! Habitat Sessions are LIVE

    PRELIMS Is Almost Here! Practice Most Important Questions Daily For FREE! Habitat Sessions are LIVE

    Dear aspirants,

    This is your opportunity to smash Prelims for absolutely free with daily MCQ practice. Practice the most important questions with Habitat mentors every day and do not miss any hot topic for the exam. You can practice and improve your score by more than 30 marks!

    It’s Absolutely FREE, Join Now!

    What can you expect?

    1. Daily Practice.
    2. Most Probable Questions.
    3. Detailed Discussions.
    4. Complete Coverage of Hot Topics Through MCQs.
    5. Doubt Clearing Sessions.

    And more…

    What do you have to do?

    1. Join Habitat for absolutely FREE by clicking here.
    2. Go through the discussions happening on the General channel.
    3. Pick the subject that you wish to study.
    4. And start learning!
    5. You can join as many subjects as you want

    And more…

    Participate, Engage, Discuss, Ask Your Doubts, Practice, and Learn!

    Join Now And Start Learning!

    Here is a list of topics and discussions you can join immediately:

    Morning Current affairs Prashanth6:30 am
    MPQ via MCQs Addya Rai9:00 pm
    Revise Economics for IAS PrelimsRavi Ranjan11:00 am
    English WritingAnand Prakash12:30 pm
    Science and TechDr. Keerti1:00 pm
    Samadhan CSATRavi Ranjan2:00 pm
    Geography through mapsSandip More4:00 pm
    Chat pe News: Current AffairsAnjum Sharma4:30 pm
    Polity Laxmikant Amoghavarsha5:30 pm
    Indian society and Social IssuesSiddharth 6:00 pm
    Abhyaas: Answer WritingGarima7:00 pm
    Samvad: Indian AgricultureRadhika Didwania8:00 pm
    Prelims HeistParth Verma8:30 pm
    Environment MCQsIshika9:30 pm

    And many more…

    Whatever you need, we have it here.

    Join the club of your choice here (for free)

    How to join a discussion?

    After you have joined/registered on Habitat for free, go to General club. Click on the blue box of the session you want to attend.

  • Disruption of Parliament

    Context

    Last week, a newspaper reported that the government is considering curtailing the monsoon session of Parliament on account of disruptions.

    Reasons for disruptions

    • In 2001, a day-long conference was held in the Central Hall of Parliament to discuss discipline and decorum in legislatures.
    • The inputs of participants of conference helped identify four reasons behind the disorderly conduct by MPs.
    • Inadequate time: The first was dissatisfaction in MPs because of inadequate time for airing their grievances.
    • Unresponsive attitude: The second was an unresponsive attitude of the government and the retaliatory posture of the treasury benches.
    • Adherence to norm: The third was political parties not adhering to parliamentary norms and disciplining their members.
    • Lack of action: The absence of prompt action against disrupting MPs under the legislature’s rules.

    Suggestions

    • Enforcement of a code of conduct for MPs and MLAs: The Lok Sabha has had a simple code of conduct for its MPs since 1952.
    • Newer forms of protest led to the updating of these rules in 1989.
    • Accordingly, members should not shout slogans, display placards, tear away documents in protest, play cassettes or tape recorders in the House.
    • A new rule empowers the Lok Sabha Speaker to suspend MPs obstructing the Houses’ business automatically.
    • But these suggestions have not been enforced so far.
    • Increase in working days: As recommended by the 2001 conference, there should be an increase in the working days of Parliament.
    • The conference had also resolved that Parliament should meet for 110 days every year and larger state legislative assemblies for 90 days.
    • Successive governments have shied away from increasing the working days of Parliament.
    • Our legislature should meet throughout the year, like parliaments of most developed democracies.
    • The concept of opposition days: In the United Kingdom, where Parliament meets over 100 days a year, opposition parties get 20 days on which they decide the agenda for discussion in Parliament.
    • The main opposition party gets 17 days and the remaining three days are given to the second-largest opposition party.
    • Canada also has a similar concept of opposition days.
    • This can also be done in India.

    Conclusion

    More strengthening of our Parliament is the solution to prevent disruption of its proceedings. It is the only mechanism to ensure that disrupting its proceedings or allowing them to be disrupted ceases to be a viable option.

  • Surveillance and human rights

    Context

    The Pegasus revelations reflect an attack on Indian democracy and Indian citizens.

    Role of government in protecting the fundamental and human rights of citizens

    • The surveillance of the target group in India through Pegasus raises doubts about the functioning of democracy in India.
    • Constitutional duty of government: The government has a constitutional duty to protect the fundamental and human rights of its citizens, irrespective of who they are.
    • There is clear evidence that the rule of law has been undermined.
    • More evidently, this reflects extremely poor governance.
    • The Intelligence Bureau, the Research and Analysis Wing, and the National Security Council Secretariat should have forewarned the government and citizens against such surveillance seriously violating privacy and fundamental rights.
    • The Supreme Court, in K.S. Puttaswamy v. Union of India (2017), declared privacy a constitutionally protected value.

    Violation of human rights

    • India is a signatory to the Universal Declaration of Human Rights.
    • Article 12 provides that everyone has the right to the protection of the law against arbitrary interference with his privacy, family, home or correspondence.
    • The International Covenant on Civil and Political Rights, also signed by India, in Article 17 states, “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.”
    • In K.S. Puttaswamy, the Supreme Court noted India’s commitments under international law and held that by virtue of Article 51 of the Constitution, India has to endeavour to “foster respect for international law and treaty obligations…”
    • The Protection of Human Rights Act, 1993 is a fallout of this commitment.

    Recommendations on digital communication technologies

    • The annual report of the United Nations High Commissioner for Human Rights (UNHCHR) in 2014 made recommendations on “digital communications technologies”.
    • Judicial oversight: The UNHCHR report stated, judicial involvement that meets international standards can help to make it more likely that the overall statutory regime will meet the minimum standards that international human rights law requires.
    • At the same time, the report stated that judicial involvement in oversight should not be viewed as a panacea.
    • Independent body: The report also recommended an independent oversight body to keep checks.
    • Effective remedy to victim: The International Covenant on Civil and Political Rights requires states parties to ensure that victims of violations of the Covenant have an effective remedy.
    • Role of business: The report also dealt with the role of businesses and stated that when a state requires that an information and communications technology company provide user data, it can only supply it in respect of legitimate reasons.
    • Earlier, due to concerns of member states, the General Assembly adopted Resolution 68/167 affirming that rights held by people offline must also be protected online.
    • The resolution also called upon all states to respect and protect the right to privacy, including in digital communication.

    Conclusion

    Indians have a right to call upon NSO to terminate the agreement, if any, with the Indian government or any private player and to cooperate with citizens to unravel the truth.

  • Making a case for Indo-Abrahamic accord

    Context

    An Egyptian scholar, Mohammed Soliman, has recently written about the significance of what he calls the emerging “Indo-Abrahamic Accord” and its trans-regional implications to the west of India.

    About Abraham Accord

    • Abraham Accord, signed in August last year in Washington, signifies the normalisation of Israel’s relations with the UAE and Bahrain.
    • The UAE and Bahrain were followed by Sudan and Morocco in signing the Abraham Accords.
    • Although Egypt (1979) and Jordan (1994) had established diplomatic relations with Israel earlier, the Abraham Accords are widely seen as making a definitive breakthrough in the relations between Israel and the Arabs.

    Factors in favour of accord

    • Depth of trilateral relationship: Although India had relations with UAE and Israel for many years, they certainly have acquired political depth and strategic character recently.
    • Converging interests: Turkish president Recep Tayyip Erdogan’s assertive claims for the leadership of the Islamic world and hostile stand against India on several issues, indicates converging interests between India, the UAE, and Israel.
    • One of the unintended consequences of Erdogan’s overweening regional ambition, his alienation of Israel as well as moderate Arabs, his conflict with Greece, and his embrace of Pakistan is the extraordinary opportunity for India to widen India’s reach to the west of the Subcontinent
    • Cooperation: There are many areas like defence, aerospace and digital innovation where the three countries can pool their resources and coordinate development policies.
    • India’s extended neighbourhood: The notion of a “Greater Middle East” can provide a huge fillip to India’s engagement with the extended neighbourhood to the west.

    India-Turkey relations

    • Hostile approach on Kashmir: Turkey has been championing Pakistan’s case on Kashmir after India changed the territorial status quo of the state in August 2019.
    • Blocking NSG entry: At Pakistan’s behest, Turkey is also blocking India’s entry into the Nuclear Suppliers Group.
    • The new geopolitical churn is also driven by Pakistan’s growing alignment with Turkey and its alienation from its traditionally strong supporters in the Arab Gulf — the UAE and Saudi Arabia.

    Opportunities for India in extended neighbourhood to the west

    • Relations with Greece: The renewed territorial disputes between Turkey and Greece, and Turkey’s quest for regional dominance has drawn Greece and the UAE closer.
    • Greece has also looked towards India to enhance bilateral security cooperation. 
    • Greece’s European partners like France, which have a big stake in the Mediterranean as well as the Arab Gulf, have taken an active interest in countering Turkey’s regional ambitions.
    • Erdogan’s support for the Muslim Brotherhood, which seeks to overthrow the current political order in the region, has deeply angered the governments of Egypt, Saudi Arabia and the UAE.
    • India’s relations with Egypt: If there is one country that can give substantive depth to the Indo-Abrahamic Accord it is Egypt.
    • Located at the cusp of Mediterranean Europe, Africa, and Asia, Egypt is the very heart of the Greater Middle East.
    • Independent India’s engagement with the region in the 1950s was centred on a close partnership with Egypt.
    • If Delhi and Cairo lost each other in recent decades, India can rebuild the strategic partnership jointly with the Egypt government which is calling for the construction of a “New Republic” in Egypt.
    • The notion of a “Greater Middle East” can provide a huge fillip to India’s engagement with the extended neighbourhood to the west.
    • The familiar regional institutions like the Arab League and the Organisation of Islamic Cooperation might endure but are incapable of addressing the region’s contradictions.

    Consider the question “Amid Turkey’s quest for regional dominance and hostility towards India, the deepening engagement between India, the UAE and Israel can be converted into a formal coalition on the lines of Abraham Accords” Comment.

    Conclusion

    The opportunities that are coming India’s way to the west of the Subcontinent are as consequential as those that have recently emerged in the east.

  • 3rd August 2021 | Prelims Daily with Previous Year Questions

    [WpProQuiz 717]

    [WpProQuiz_toplist 717]

  • 3rd August 2021| Daily Answer Writing Enhancement(AWE)

    Topics for Today’s questions:

    GS-1 Indian culture will cover the salient aspects of art forms, literature and architecture from ancient to modern times

    GS-2 Bilateral, Regional and Global Groupings and Agreements involving India and/or affecting India’s interests.

    GS-3 Indian Economy and issues relating to Planning, Mobilization of Resources, Growth, Development and Employment.

    GS-4 Attitude: content, structure, function; its influence
    and relation with thought and behaviour; moral and political attitudes; social influence and persuasion.

    Questions:

    Question 1)

    Q.1) In India’s rich musical heritage, ‘Khyal’ and ‘Thumri’ hold a prominent place. Discuss. (10 Marks)

    Question 2)

    Q.2 “Amid Turkey’s quest for regional dominance and hostility towards India, the deepening engagement between India, the UAE and Israel can be converted into a formal coalition on the lines of Abraham Accords” Comment. (10 Marks)

    Question 3)

    Q.3 India imports approximately 85 per cent of its crude oil requirements and is exposed to the volatility of the international oil market. In light of this, suggest the policy measures for harnessing India’s indigenous petroleum resources and mitigation of supply shocks. (10 Marks)

    Question 4)  

    Q.4) Positive attitude without skills can’t ensure success in one’s professional life. Do you agree? Substantiate. (10 Marks)

    HOW TO ATTEMPT ANSWERS IN DAILY ANSWER WRITING ENHANCEMENT(AWE)?

    1. Daily 4 questions from General studies 1, 2, 3, and 4 will be provided to you.

    2. A Mentor’s Comment will be available for all answers. This can be used as a guidance tool but we encourage you to write original answers.

    3. You can write your answer on an A4 sheet and scan/click pictures of the same.

    4.  Upload the scanned answer in the comment section of the same question.

    5. Along with the scanned answer, please share your Razor payment ID, so that paid members are given priority.

    6. If you upload the answer on the same day like the answer of 1st August is uploaded on 1st August then your answer will be checked within 72 hours. Also, reviews will be in the order of submission- First come first serve basis

    7. If you are writing answers late, for example, 1st August is uploaded on 3rd August, then these answers will be evaluated as per the mentor’s schedule.

    8. We encourage you to write answers on the same day. However, if you are uploading an answer late then tag the mentor like @Staff so that the mentor is notified about your answer.

    *In case your answer is not reviewed, reply to your answer saying *NOT CHECKED*. 

    For the philosophy of AWE and payment: 

    CLICK HERE To join Daily AWE

  • Preventive detention a necessary evil: Supreme Court

    Preventive detention, the dreaded power of the State to restrain a person without trial, could be used only to prevent public disorder, the Supreme Court held in a judgment.

    What is Preventive Detention?

    • Preventive detention means detaining a person so that to prevent that person from commenting on any possible crime.
    • In other words, preventive detention is an action taken by the administration on the grounds of the suspicion that some wrong actions may be done by the person concerned which will be prejudicial to the state.

    PD in India

    A police officer can arrest an individual without orders from a Magistrate and without any warrant if he gets any information that such an individual can commit any offense.

    • Preventive Detention Law, 1950: According to this law any person could be arrested and detained if his freedom would endanger the security of the country, foreign relations, public interests, or otherwise necessary for the country.
    • Unlawful Activities Prevention Act (UAPA) 1968: Within the ambit of UAPA law the Indian State could declare any organization illegal and could imprison anyone for interrogation if the said organization or person critiqued/questioned Indian sovereignty territorially.

    What is the difference between preventive detention and an arrest?

    • An ‘arrest’ is done when a person is charged with a crime.
    • In the case of preventive detention, a person is detained as he/she is simply restricted from doing something that might deteriorate the law-and-order situation.
    • Article 22 of the Indian Constitution provides protection against arrest and detention in certain cases.

    Rights of an Arrested Person in India

    A/c to Article 22(1) and 22(2) of the Indian constitution:

    • A person cannot be arrested and detained without being informed why he is being arrested.
    • A person who is arrested cannot be denied to be defended by a legal practitioner of his choice. This means that the arrested person has right to hire a legal practitioner to defend himself/ herself.
    • Every person who has been arrested would be produced before the nearest magistrate within 24 hours.
    • The custody of the detained person cannot be beyond the said period by the authority of magistrate.

    Exceptions for Preventive Detention

    Article 22(3) says that the above safeguards are not available to the following:

    • If the person is at the time being an enemy alien
    • If the person is arrested under certain law made for the purpose of “Preventive Detention”

    Constitutional provision

    • It is extraordinary that the framers of the Indian Constitution, who suffered most because of the Preventive Detention Laws, did not hesitate to give Constitutional sanctity.
    • B.R. Ambedkar was of the opinion that the freedom of the individual should not supersede the interests of the state.
    • He had also stated that the independence of the country was in a state of inflancy and in order to save it, preventive detention was essential.

    Issues with preventive detention

    • Arbitrariness: The police determinations of whether a person poses a threat are not tested at a trial by leading evidence or examined by legally trained persons.
    • Rights violation: Quiet often, there is no trial (upto 3 months), no periodic review, and no legal assistance for the detained person.
    • Abuse: It does not provide any procedural protections such as to reduce detainees’ vulnerability to torture and discriminatory treatment, and to prevent officials’ misusing preventive detention for subversive activities.
    • Tool for suppression: In the absence of proper safeguards, preventive detention has been misused, particularly against the Dalits and the minorities.

    What has the apex court recently rule?

    • Preventive detention is a necessary evil only to prevent public disorder.
    • The court must ensure that the facts brought before it directly and inevitably lead to harm, danger or alarm, or feeling of insecurity among the general public or any section thereof at large.
    • The State should not arbitrarily resort to “preventive detention” to deal with all and sundry “law and order” problems, which could be dealt with by the ordinary laws of the country.
    • Whenever an order under a preventive detention law is challenged, one of the questions the court must ask in deciding its legality is: was the ordinary law of the land sufficient to deal with the situation?
    • If the answer is in the affirmative, the detention order will be illegal.

    Upholding the Article 21

    • Preventive detention must fall within the four corners of Article 21 (due process of law) read with Article 22 (safeguards against arbitrary arrest and detention) and the statute in question, Justice Nariman ruled.
    • The Liberty of a citizen is a most important right won by our forefathers after long, historical, and arduous struggles.

    Conclusion

    • The constitutional philosophy of personal liberty is an idealistic view, the curtailment of liberty for reasons of State’s security; public order, disruption of national economic discipline, etc.
    • They are envisaged as a necessary evil to be administered under strict constitutional restrictions.
    • India is a large country and many separatist tendencies against the national security and integrity existed and existing and a strict law is required to counter the subversive activities.
    • The number of persons detained in these acts is not a very large and due attention is made before preventive detention.
    • Having such kind of acts has a restraining influence on the anti-social and subversive elements.
    • The state should have very effective powers to deal with the acts in which the citizens involve in hostile activities, espionage, coercion, terrorism, etc.

  • Pakistan grants statehood to Gilgit-Baltistan

    Pakistan has finalized draft legislation to incorporate Gilgit-Baltistan, the region known before 2009 as Northern Areas, as a province of the country.

    Gilgit-Baltistan: History of the region

    • Gilgit was part of the princely state of Jammu & Kashmir but was ruled directly by the British, who had taken it on lease from Hari Singh, the Hindu ruler of the Muslim-majority state.
    • When Hari Singh acceded to India on October 26, 1947, the Gilgit Scouts rose in rebellion, led by their British commander Major William Alexander Brown.
    • The Gilgit Scouts also moved to take over Baltistan, which was then part of Ladakh, and captured Skardu, Kargil and Dras.
    • In battles thereafter, Indian forces retook Kargil and Dras in August 1948.

    Accession with Pakistan

    • In November, 1947, a political outfit called the Revolutionary Council of Gilgit-Baltistan had proclaimed the independent state of Gilgit-Baltistan.
    • It declared GB was acceding to Pakistan only to the extent of full administrative control, choosing to govern it directly under the Frontier Crimes Regulation.
    • It was a law devised by the British to keep control of the restive tribal areas of the northwest.
    • Following the India-Pakistan ceasefire of January 1, 1949, Pakistan entered into an agreement with the “provisional government” of “Azad Jammu & Kashmir”.
    • Much of its parts had been occupied by Pakistani troops and irregulars and were later taken over by Pak defence and foreign affairs.
    • Under this agreement, the AJK government also ceded administration of Gilgit-Baltistan to Pakistan.

    Not being incorporated as a province

    • In 1974, Pakistan adopted its first full-fledged civilian Constitution, which lists four provinces —Punjab, Sindh, Balochistan and Khyber Pakthunkhwa.
    • Pakistan-Occupied Kashmir (PoK) and Gilgit-Baltistan were not incorporated as provinces.
    • One reason ascribed to this is that Pakistan did not want to undermine its international case that the resolution of the Kashmir issue had to be in accordance with UN resolutions that called for a plebiscite.
    • In 1975, PoK got its own Constitution, making it an ostensibly self-governed autonomous territory.
    • This Constitution had no jurisdiction over the Northern Areas, which continued to be administered directly by Islamabad (the Frontier Crimes Regulation was discontinued in 1997)
    • In reality, PoK too remained under the control of Pakistani federal administration and the security establishment, through the Kashmir Council.

    Reasons behind

    • The main difference was that while the people of PoK had rights and freedoms guaranteed by their own Constitution, which mirrors the Pakistan Constitution.
    • However the people of the minority Shia-dominated Northern Areas did not have any political representation.
    • Although they were considered Pakistani, including for citizenship and passports, they were outside the ambit of constitutional protections available to those in the four provinces and PoK.

    Why GB is in focus now?

    • Pakistan began considering changes to its administrative arrangements with increasing Chinese involvement in strategic development ventures.
    • GB was vital to those projects, given that it provides only land access between the two countries.
    • Since 2009, it has had a namesake legislative assembly.

    Suppression of a movement

    • There is anger against Pakistan for unleashing sectarian militant groups that target Shias, but the predominant sentiment is that all this will improve once they are part of the Pakistani federation.
    • There is a small movement for independence, but it has very little traction. Some factions argue for its accession with India.
    • While some reports have suggested that Pakistan’s decision is under pressure from China, wary that Gilgit-Baltistan’s ambiguous status might undermine the legality of its projects there.

    Significance for India

    • Gilgit-Baltistan is an integral part of India by virtue of the legal, complete and irrevocable accession of Jammu & Kashmir to the Union of India in 1947.
    • The area’s strategic importance for India has increased in light of the China-Pakistan Economic Corridor agreement.
    • India is also concerned of a two-front war (with China as well as Pakistan) after the standoff in Eastern Ladakh last year.

More posts