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  • The legal challenges in recognising the Taliban

    Context

    The Taliban’s takeover of Afghanistan has triggered a new debate in international law on the issue of recognising an entity that claims to be the new government of a state.

    Legal challenge of recognising a government

    • Questions of recognition do not arise when the change of government within a state occurs when political power is transferred through legal means.
    • However, things are different when the change of government happens through extra-legal methods like ousting the sitting government using unconstitutional means.
    • China and Russia, two of the five permanent United Nations Security Council members, have seemingly shown readiness to recognise a Taliban-led government.
    • Whereas countries like Canada have opposed it.
    • Recognition of governments under international law is vital for several reasons.
    • Recognition of government Vs. Recognition of State: Malcolm Shaw, the international lawyer, writes, “a change in government, however, accomplished, does not affect the identity of the State itself.”
    • Thus, in the current debate, the issue is not about the recognition of Afghanistan, whose legal personality remains intact it’s about the recognition of government.

    Two doctrines in Internation laws for recognising a government

    1) Effectiveness

    • According to this principle, to recognise a government means to determine whether it effectively controls the state it claims to govern.
    • Under this doctrine, it is immaterial how the new government occupied office.
    • Since there is hardly any doubt that the Taliban now effectively controls Afghanistan, as per this test, it would be recognised as Afghanistan’s government for international law and thus, international relations.

    2) Democratic legitimacy

    •  According to this doctrine, recognition of a government also depends on whether it is the legitimate representative of the people it claims to govern.
    • The end of the Cold War, the subsequent spread of democracy in the world, and the growing demand for universal respect for human rights gave an impetus to this doctrine in the last three decades.
    • This doctrine has led many countries to bestow de jure recognition (legal recognition) on governments in exile in place of governments exercising effective control.
    • Two recent examples include recognition by some states of Yemen’s government in exile since 2015.
    • Second, the Nicolás Maduro government in Venezuela is not recognised by several countries due to the alleged lack of democratic legitimacy.
    • The Taliban regime, despite exercising effective control over Afghanistan, lacks democratic legitimacy.
    • Thus, it would fail to be recognised as the legitimate representative of Afghanistan if the doctrine of democratic legitimacy is applied.
    • Nevertheless, there is no binding legal obligation on countries to withhold recognition citing democratic legitimacy.
    • Thus, if Russia and China were to formally recognise the Taliban regime due to its effective control of Afghanistan, it would be consistent with international law.

    Way forward for India

    • India will have to find a way to engage with the Taliban given India’s huge investments in Afghanistan and stakes in the South Asian region.
    • India should adopt a clear policy that it will deal with the Taliban simply because it is the de facto government, not because it is a legitimate one.
    • This principle should be followed for bilateral relations and also for multilateral dealings such as within the South Asian Association for Regional Cooperation.

    Consider the question “What are the doctrines in international law in recognising the government of State? What should be India’s course of action in dealing with the Taliban in Afghanistan?” 

    Conclusion

    Given the Taliban’s brutal past, India is within its right to withhold de jure recognition of the Taliban regime. However, India has to devise a policy to deal with the Taliban as a de facto government.

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  • Registrations Closing Soon || Live Free Session on Indian Polity Today || 5 High-Value Topics for Prelims 2021 and How to Simplify Polity for UPSC IAS 2022

    Registrations Closing Soon || Live Free Session on Indian Polity Today || 5 High-Value Topics for Prelims 2021 and How to Simplify Polity for UPSC IAS 2022

    Dear aspirants,

    CLICK HERE TO REGISTER FOR FREE session

    Polity is the key to success in UPSC, and here’s why:

    1. Up to 20 questions in Prelims – 40 marks!
    2. Command over Polity means great writing material in essays.
    3. The knowledge of polity can be used in GS papers, IR, and national issues.
    4. Polity concepts are highly useful in writing Ethics answer.
    5. Master polity and your score can rise by 100 marks in Mains.
    6. It is easy to master the subject if you know the right tricks!

    This is why we believe that all UPSC aspirants who are serious about clearing Prelims in this attempt should know the 5 Most Valuable Topics in polity and the smart way of completing the syllabus in time. And we would like to share these with you for FREE in the upcoming webinar with Sudhanshu Sir.

    For example, these are the areas that UPSC has focused on in the previous years:

    And where are these questions sourced from?

    But what about this year? Sudhanshu sir will explain, in detail, in the webinar.

    CLICK HERE TO REGISTER FOR FREE session

    What can you expect to learn in the webinar?

    1. 5 Most valuable topics to be covered for Prelims.
    2. How to complete the Polity syllabus ‘effectively.’
    3. How to revise the syllabus in record time.
    4. How to use the knowledge of Polity for better answer writing.
    5. How to use the knowledge of polity for writing better essays.
    6. How to make sure you answer ALL the polity questions in Prelims correctly.
    7. How to use Polity to gain advantage over other candidates.

    You can learn all of this and more for absolutely free in the webinar. 

    DO NOT miss this opportunity to know the right way of completing your Polity syllabus for UPSC 2022. The webinar is absolutely free and you can gain up to 40 MARKS in Prelims by attending this session. But there are just limited slots available so we request you to register now!

    Date: 28/8/21

    Time: 5:30 P.M.

    Click here to register for free session

  • Important Types of Bills in Parliament/Types of Majority

    Important Types of Bills in Parliament/Types of Majority

     A Bill is a draft legislative proposal that becomes a Law upon enactment. Bills could be broadly classified into two ways:

    1. On the basis of the source of origin:
     (1) Government Bill

    It is also called Public Bill. It is a Bill introduced by a minister in the government. It is the primary method of legislation.

    (2) Private Member Bill
    • It is the bill introduced by a Member of Parliament who is not a minister.
    • It is important to remember that a Bill introduced by a non-minister MP of even the ruling party is called Private Member Bill.
    • Such bills can only be introduced and discussed on Fridays.
     2. On the basis of the procedure of passage of the Bill:
     (1) Ordinary Bill
    • An ordinary bill does not require the recommendation of the President and can be introduced in either of the Houses.
    • It needs only a simple majority and the second House may choose any of the following courses of action:
    1. Pass the Bill
    2. Reject the Bill
    3. Propose Amendment to the Bill
    4. No action
      In case the Bill is rejected or amendments which are not agreeable to the originating House are proposed or inaction for a period of 180 Parliamentary days, a deadlock is deemed to have emerged. Such a deadlock could be resolved by a joint sitting notified and summoned by President under article 108.
      Once notified, neither House shall proceed forth with the pending bill. When submitted to the assent of President. Such a deadlock could be resolved by a joint sitting notified and summoned by the President under article 108. Once notified, neither House shall proceed forth with the pending bill.
      When submitted for the assent of President, after due passage in the Parliament, he has the following options:
    1. Give assent to the Bill and then it becomes a Law
    2. Withhold assent
    3. Exercise Suspensive Veto or
    4. Exercise Pocket Veto
     (2) Money Bill

    It is the bill which exclusively deals with one or more money matters under article 110 which are as follows:

    1. Imposition, alteration or abolition of a tax
    2. Borrowing of money by the government
    3. Custody of Consolidated Fund of India or Contingency Fund of India
    4. Deposit or withdrawal from the above mentioned funds
    5. Appropriation of money out of consolidated fund of India
    6. Receipt of money upon Consolidated Fund of India or Public Accounts of India
    7. Declaring any expenditure as expenditure charged on the Consolidated Fund of India.

     Points to Remember about Money Bill

    • A Money Bill can be introduced only in Lok Sabha and that too only after the recommendation of the President.
    • It needs only a simple majorityand the speaker is required to certify it as a Money Bill prior to its transmission to Rajya Sabha.
    • Rajya Sabha does not have the power to amend or reject the bill but it may suggest amendments.
    • If Rajya Sabha does not pass the bill within 14 days the bill would be deemed as passed by the Rajya Sabha.
    • Deadlock is not possible.
    • The President may either give or withhold assent to Money Bill. But ordinarily he is expected to give his assent.
    • The President cannot send a Money Bill back in the House is for reconsideration as per Article 111.
    (3) Financial Bill
    • It deals with non-money matters along with the money matters mentioned under article 110.
    • The differences with Money Bill are:
      • Money Bill exclusively deals with money matters under article 110 only.
      • While the money is the sole purpose of a Money Bill, the primary objective of a Financial Bill in general is something else and money is only incidental to that objective.
    • Financial bill requires prior recommendation of the President.
    • It can be introduced only in Lok Sabhaand not in Rajya Sabha.
    • However, the Rajya Sabha enjoys the same powers as are available in the case of an Ordinary Bill.
    • Even a deadlock can be a possibilitywhich could be resolved by a joint sitting.
     (4) Constitutional Amendment Bill
    • It is a bill to amend one or more provisions of the Constitution.
    • Unlike money bill and financial bill it does not require prior recommendationof the President.
    • It can be introduced in either of the Houses and would require special majorityfor passage in each House.
    • There can be a deadlockbut for resolution there cannot be a joint sitting.
    • If a constitutional amendment bill deals with the distribution of powers between Centre and States, it would require ratification bynot less than half of the States.
    • Through the 24th Constitutional Amendment act 1971, it was ensured that the presidentshall give his assent to our Constitutional Amendment Bill duly passed by the Houses.

     Types of Majority

    There are 4 main types of Majority. The last one being Special Majority that has 3 sub-types.

    The most important Majorities will be Simple Majority and Special Majority of the 2nd kind. We will use current strength of the Lok Sabha = 545 in the examples to explain.

    1. Absolute – More than 50% of the Total Strength of the House. Meaning

    1/2 x 545 = 273 or more

    This majority is never used anywhere but has a huge significance. If a political party has an Absolute Majority, it means it gets to form the govt., there is stability in the house.  

    1. Simple – Also called functional majority. It means Majority of more than 50% of members present and voting.

    Lets assume the members present and voting is 300 (out of 545). We have 

    1/2 X 300 = 150 or more

    Usage

    • When not stated what type of Majority in the Constitution, this majority is assumed.
    • Passage of Ordinary, Money and Financial Bills.
    • Passage of No-Confidence Motion, Confidence Motion, Vote of Thanks to the President, Censure Motion, Adjournment Motion, Calling Attention Motion.
    • Election of the Speaker, Dy. Speaker, Dy. Chairman of RS.
    • Passage of approval to President’s Rule and Financial Emergency.
    • Approval by LS for discontinuance of Emergency.
    1. Effective– Means Majority of the Effective Strength of the House where Effective Strength is defined as Total Strength – No. of Vacancies. Vacancies arise due to 3 reasons – Death, Disqualification, Resignation. Some sources mention Absenteeism as a vacancy but that is incorrect.

    Lets assume Number of Vacancies are 6. We have

    1/2 X (545-6) = 270 or more

    Usage

    • Removal of the VP. Initiated by the RS, requires Effective Majority in the RS, thereafter Simple Majority in the LS.
    • Removal of the Speaker, Dy. Speaker and Dy. Chairman of the Rajya Sabha.
    1. Special– This majority has 3 sub-types that require some attention.

    1st kind: Not less than 2/3 of the Members present and voting.

    Usage (only in 2 conditions)

    • Passage of Resolution under Art. 249 and Art. 312. 

     2nd kind : Fulfills the following criteria:

    1. i) Not less than 2/3 of the Members present and voting.
    2. ii) Majority of the Total Strength of the House.

    Eg. Out of 545, 450 Members are present and 300 vote in favor. Both the above conditions are satisfied – 300 is more than 2/3 of 450 and 300 is more than 1/2 of 545.

    To make it simpler to remember, it is

    Special Majority of First kind + Absolute Majority.

    Usage

    • Passage of Constitutional Amendment Bills under Art. 368.
    • Approval by both Houses for the continuance of Emergency.
    • Removal of Judges of SC, High Court, CAG, CEC.
    • Approval for the creation of State Legislative Council of a State under Art. 169.

    3rd kind :  This is used only once – during the impeachment of the President of India. Is mentioned in Art. 61 of the Constitution.

    2/3rd Majority of the Total Strength of the House.

    2/3 X 545 = 364 or more

  • The National Automated Facial Recognition System

    Context

    On June 23, 2021, the Joint Committee examining the Personal Data Protection Bill (2019) was granted a fifth extension by Parliament. While the Government has been simultaneously exploring the potential of facial recognition technology.

    Automatic Facial Recognition in India

    • To empower the Indian police with information technology, India approved implementation of the National Automated Facial Recognition System (NAFRS).
    • On its implementation, it will function as a national-level search platform that will use facial recognition technology.
    • It will help to facilitate investigation of crime or for identifying a person of interest regardless of face mask, makeup, plastic surgery, beard or hair extension.

    Issues with AFR technology

    • Intrusive in nature: The technology is absolutely intrusive, for the purposes of ‘verification’ or ‘identification’, the system compares the faceprint generated with a large existing database of faceprints typically available to law enforcement agencies.
    • Accuracy and bias: Though the accuracy of facial recognition has improved over the years due to modern machine-learning algorithms, the risk of error and bias still exists.
    • With the element of error and bias, facial recognition can result in profiling of some overrepresented groups (such as Dalits and minorities) in the criminal justice system.
    • Privacy: As NAFRS will collect, process, and store sensitive private information: facial biometrics for long periods; if not permanently — it will impact the right to privacy.
    • Accordingly, it is crucial to examine whether its implementation is arbitrary and thus unconstitutional, i.e., is it ‘legitimate’, ‘proportionate to its need’ and ‘least restrictive’?
    • The Supreme Court, in the K.S. Puttaswamy judgment provided a three-fold requirement to safeguard against any arbitrary state action.
    • Unfortunately, NAFRS fails each one of these tests.
    • Any encroachment on the right to privacy requires the existence of ‘law’ (to satisfy legality of action); there must exist a ‘need’, in terms of a ‘legitimate state interest’; and, the measure adopted must be ‘proportionate’ and it should be ‘least intrusive.’
    • Lack of law: It does not stem from any statutory enactment (such as the DNA Technology (Use and Application) Regulation Bill 2018 proposed to identify offenders or an executive order of the Central Government.
    • Rather, it was merely approved by the Cabinet Committee on Economic Affairs in 2009.
    • Fails proportionality test: Even if we assume that there exists a need for NAFRS to tackle modern day crimes, this measure is grossly disproportionate.
    • For NAFRS to achieve the objective of ‘crime prevention’ or ‘identification’ will require the system to track people on a mass scale — avoiding a CCTV in a public place is difficult — resulting in everyone becoming a subject of surveillance: a disproportionate measure.
    • Impact on civil liberties: As anonymity is key to functioning of a liberal democracy, unregulated use of facial recognition technology will dis-incentivise independent journalism or the right to assemble peaceably without arms, or any other form of civic society activism.
    • Due to its adverse impact on civil liberties, some countries have been cautious with the use of facial recognition technology.
    • In the United States, the Facial Recognition and Biometric Technology Moratorium Act of 2020 was introduced in the Senate to prohibit biometric surveillance without statutory authorisation.
    • Similarly, privacy watchdogs in the European Union have called for a ban on facial recognition.

    Way forward

    • Statutory basis: NAFRS should have statutory authorisation, and guidelines for deployment.
    • Data protection law: In the interest of civil liberties it is important to impose a moratorium on the use of facial recognition technology till we enact a strong and meaningful data protection law.

    Consider the question “What are the issues associated with the deployment of NAFRS? Suggest the way forward.”

    Conclusion

    In sum, even if facial recognition technology is needed to tackle modern-day criminality in India, without accountability and oversight, facial recognition technology has strong potential for misuse and abuse.

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  • Strategy for next 50 days for Prelims-2021

    In UPSC prelims, it is not the number of questions that you attempt but the number of mistakes you make decides whether you will score above 120 plus or even qualify at all. 

    Based on attempts in practice tests and number of mistakes in tests, you fall into these categories:

    1. Red Zone category:- mistakes 25 and above
    2. Orange zone category:- mistakes 15 to 25
    3. Green zone category:- mistakes less than 15.

    A. RED ZONE CATEGORY: You may continue to attempt only 100% sure options until you have clarity in topic and have enhanced understanding. Once you have revised the content multiple times through keywords and notes, you can increase the number of attempts. There is no space for elimination and guesswork. Watch daily videos of Streak posted by Sukanya mam or me on Civilsdaily YouTube channel and revise the topics covered in those videos.

    B. ORANGE ZONE CATEGORY: This category aspirants need to bring mistakes below by 15. Complete short keyword notes for all subjects by 5th September. Avoid guess work and learn and practice the question solving techniques such as FCE (Factual Conceptual and Elimination) approach. Watch daily videos posted on YouTube by Sukanya and me for prelims. We have covered questions on most probable topics on economy, polity, and science & tech discussion. Revise those topics if need be.

    C. GREEN ZONE CATEGORY: Complete all your keyword notes by September 1st. Move on to the full test only after you have completed all keywords for static and current affairs. Continue to interlink them, do 360 exercises. and bring mistakes to below 10.

    WAY FORWARD FOR ALL FOR PRELIMS-2021 in the next 50 days:

    1. There are no mistakes such as silly mistakes you make because either you are not reading properly or don’t remember them. Also, it happens when you are under confident or overconfident.

    2. Only intelligent elimination should be opted and that also can only work if you have clarity of topics and learn things holistically.

    3. Revision should be holistic. If you have not done an in-depth study of Polity, History and Environment even once, then it is high time. Do it now before September 1st and then continue revisions. Keep making a mental map of everything you study and do it actively – not passively. Keep pen and paper always ready while reading anything and note down important keywords.

    4. Do not take new sources for revision. Do not fall into the trap of grabbing and learning from new materials for the same topic.

    5. No need to go for a bulky compilation for Current Affairs just before exam or right now. Focus on the monthly magazine of CD or any other which you have already been referring to but “ONLY ONE SOURCE.” 

    The weightage of CA in prelims has declined to less than 20%; and if you continue to waste your valuable time on bulky round the year compilations, then it is not a good cost-benefit analysis. Focus on the concept part of any CA topic and link with it. 

    6. Try to learn from the tests as much as while solving paper and FCE approach while analysing the paper. This exercise will continue up until your last test.

    7. There is no need to panic even if you score less in tests. My advice would be to go back to your sources, revise it again, and try to memorise whatever you are not able to remember easily. Then, again come back and give the test and analyse the paper and note down what you do not know.

    8. Enhance your knowledge and understand and learn topics by revising previous-year papers multiple times.

    9. Confidence is a function of knowledge, revision, and testing. If you have not done all these three, you will never feel confident. Hence, please make it your utmost priority. Some of my students who are part of ongoing super-25 have improved their confidence and more assured towards success in prelims

    10. Prelims is something which you can only qualify with proper well-planned process – no element of luck here. All you have to do is follow the process discussed above.

    This has worked for me to score up to 145 twice and always 120 plus in all 6 attempts. So, I am confident that it will work for you too. 

    Only barrier between your success and your failure is YOU. If required, change yourself and keep working on your strengths and weaknesses.

    Please reach out to me if you face any issue or if you need any kind of support.

    Thank you all.

    Santosh Gupta

    Prelims Coordinator, Civilsdaily

    Course Coordinator for Super-25 program for Prelims-2021

    To know more about UPSC Prelims 2021 Super-25 and prepare under my complete mentorship, click the link: https://www.civilsdaily.com/course/upsc-prelims-2021-super-25/

    For remaining days of Prelims-2021, you may join 60-day plan under my overall guidance: https://www.civilsdaily.com/course/60-days-intensive-plan-for-focused-revision-2021/

    A quick bit about Santosh Gupta Sir:

    Santosh Gupta sir has scored up to 145 twice in UPSC prelims and always 120 plus in all 6 attempts. He wrote all 6 mains and appeared for Interviews 3 times. He has qualified UPSC EPFO and BPSC 56-59th also. He has been teaching and mentoring UPSC aspirants for the last 5 years with tremendous interest in environment and ecology and Polity. 

  • Economic criterion not sole basis for Creamy Layer: Supreme Court

    The basis of exclusion of ‘creamy layer’ cannot be merely economic, a Supreme Court Bench has observed in their judgment, while referring to the court’s Indra Sawhney verdict of 1992.

    What was the case?

    • The court was hearing a petition challenging some notifications by the Haryana government sub-classifying backward classes solely on economic basis while fixing the criteria for creamy layer.
    • The notifications said children of persons having “gross annual income” of up to ₹3 lakh annually would get the benefit of reservation in services and admission in educational institutions.
    • The remaining quota would go to those from backward families, which earn between₹3 lakh and ₹6 lakh per annum.
    • The sections earning over ₹6 lakh annually were considered as ‘creamy layer’ under Section 5 of the 2016 Act.
    • The apex court held that the Haryana’s notifications have violated the law declared in the Indra Sawhney judgment by identifying creamy layer only on the basis of income.

    Defying Indra Sawhney Verdict (1992)

    • The case had declared that ‘creamy layer’ in a backward community should be excluded from reservation so that the more deserving were able to come up.
    • Explaining this verdict, court said that such persons were to be treated as ‘creamy layer’ without any further inquiry.

    Who else would be excluded from such reservation?

    • Likewise, people with sufficient income who were in a position to provide employment to others should also be taken to have reached a higher social status and therefore, should be treated as outside the backward class.
    • Similarly, persons from backward classes who had higher agricultural holdings or were receiving income from properties, beyond a prescribed limit, do not deserve the benefit of reservation.

    Key takeaways from the Judgement

    • The Supreme Court has held that the government cannot deny reservation to a person belonging to a backward community solely on the ground that he or she is rich.
    • Social advancement, higher employment in government services, etc, played an equal role in deciding whether such a person belonged to the creamy layer and could be denied quota benefits.
    • The court had illustrated that ‘creamy layer’ would include persons from backward classes who occupied posts in higher services like IAS, IPS, and All India Services.
    • These persons had reached a higher level of social advancement and economic status,and therefore, were not entitled to be treated as backward.

    What is the Creamy Layer?

    • Creamy Layer is a concept that sets a threshold within which OBC reservation benefits are applicable.
    • While there is a 27% quota for OBCs in government jobs and higher educational institutions, those falling within the “creamy layer” cannot get the benefits of this quota.

    Basis of Creamy Layer

    • It is based on the recommendation of the Second Backward Classes Commission (Mandal Commission).
    • The government in 1990 had notified 27% reservation for Socially and Educationally Backward Classes (SEBCs) in vacancies in civil posts and services that are to be filled on direct recruitment.
    • After this was challenged, the Supreme Court in the Indira Sawhney case (1992) upheld 27% reservation for OBCs, subject to exclusion of the creamy layer.

    How is it determined?

    • Following the order in Indra Sawhney, an expert committee headed by Justice (retired) R N Prasad was constituted for fixing the criteria for determining the creamy layer.
    • In 1993, the Department of Personnel and Training (DoPT) listed out various categories of people of certain rank/status/income whose children cannot avail the benefit of OBC reservation.
    1. For those not in government, the current threshold is an income of Rs 8 lakh per year.
    2. For children of government employees, the threshold is based on their parents’ rank and not income.
    3. For instance, an individual is considered to fall within the creamy layer if either of his or her parents is in a constitutional post; if either parent has been directly recruited in Group-A; or if both parents are in Group-B services.
    4. If the parents enter Group-A through promotion before the age of 40, their children will be in the creamy layer.
    5. Children of a Colonel or higher-ranked officer in the Army, and children of officers of similar ranks in the Navy and Air Force, too, come under the creamy layer.
    6. Income from salaries or agricultural land is not clubbed while determining the creamy layer (2004).

    Back2Basics: Indira Sawhney Case

    In the famous Mandal case (Indra Sawhney Case, 1992), the scope and extent of Article 16(4), which provides for reservation of jobs in favor of backward classes, has been examined thoroughly by the Supreme Court.

    • Though the Court has rejected the additional reservation of 10% for poorer sections of higher castes, it upheld the constitutional validity of a 27% reservation for the OBCs with certain conditions.
    • The advanced sections among the OBCs (the creamy layer) should be excluded from the list of beneficiaries of reservation.
    • No reservation in promotions; reservation should be confined to initial appointments only. Any existing reservation in promotions can continue for five years only (i.e., up to 1997).
    • The total reserved quota should not exceed 50% except in some extraordinary situations. This rule should be applied every year.
    • The ‘carry forward rule’ in case of unfilled (backlog) vacancies is valid. But it should not violate the 50% rule.

  • Arresting a Cabinet Minister

    The Maharashtra Police has arrested the Union Minister for MSMEs for allegedly making derogatory remarks against the CM.

    Procedure to arrest a Cabinet Minister

    • If Parliament is not in session, a cabinet minister can be arrested by a law enforcement agency in case of a criminal case registered against him.
    • As per Section 22 A of the Rules of Procedures and Conduct of Business of the Rajya Sabha, the Police, Judge, or Magistrate would, however, have to intimate the Chairman of the Rajya Sabha about the reason for the arrest, the place of detention or imprisonment in an appropriate form.

    What is the procedure to be followed by the Chairman of the Rajya Sabha in case of an arrest?

    • The Chairman is expected to inform the Council if it is sitting about the arrest.
    • If the council is not sitting, he/she is expected to publish it in the bulletin for the information of the members.

    What about the privileges of the Rajya Sabha members vis-a-vis arrests?

    • As per the main privileges of Parliament, in civil cases, they have freedom from arrest during the continuance of the House and 40 days before its commencement and 40 days after its conclusion, as per section 135 of the Code of Civil Procedure.
    • The privilege of freedom from arrest does not extend to criminal offences or cases of detention under preventive detention.

    Can a person be arrested from the precincts of the House?

    • No arrest, whether of a member or of a stranger, can be made within the precincts of the House without the prior permission of the Chairman/Speaker and that too in accordance with the procedure laid down by the Home Ministry in this regard.
    • Similarly, no legal process, civil or criminal, can be served within the precincts of the House without obtaining the prior permission of the Chairman/Speaker whether the House is in session or not.

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    Back2Basics: Parliamentary Privileges

    • Article 105 and Article 194 grant privileges or advantages to the members of the parliament so that they can perform their duties or can function properly without any hindrances.
    • Such privileges are granted as they are needed for democratic functioning.
    • These powers, privileges, and immunities should be defined by the law from time to time.
    • These privileges are considered special provisions and have an overriding effect in conflict.

    Freedom from being arrested

    • The member of parliament cannot be arrested 40 days before and 40 days after the session of the house.
    • If in any case a member of Parliament is arrested within this period, the concerned person should be released in order to attend the session freely.

    Right to exclude strangers from its proceedings and hold secret sessions 

    • The object of including this right was to exclude any chances of daunting or threatening any of the members.
    • The strangers may attempt to interrupt the sessions.

    Right to prohibit the publication of its reporters and proceedings 

    • The right has been granted to remove or delete any part of the proceedings that took place in the house.

    Right to regulate internal proceedings

    • The House has the right to regulate its own internal proceedings and also has the right to call for the session of the Legislative assembly.
    • But it does not have any authority in interrupting the proceedings by directing the speaker of the assembly.

    Right to punish members or outsiders for contempt

    • This right has been given to every house of the Parliament.
    • If any of its members or maybe non-members commit contempt or breach any of the privileges given to him/her, the houses may punish the person.
    • The houses have the right to punish any person for any contempt made against the houses in the present or in the past. 

    Article 105(3) and Article 194(3) states that the parliament should from time to time define the laws or pass the laws on the powers, privileges and immunities of the members of the parliament and members of the legislative assembly.

  • Saroop of the Sikh Holy Book

    A union minister has received one of the Saroops of the holy Guru Granth Sahib flown in from Afghanistan.

    What is Saroop?

    • Saroop is a physical copy of Sri Guru Granth Sahib, also called Bir in Punjabi.
    • Every Bir has 1,430 pages, which are referred to as Ang. The verses on every page remain the same.
    • The Sikhs consider the Saroop of Guru Granth Sahib a living guru and treat it with utmost respect.
    • They believe that all the 10 Gurus were the same spirit in different bodies, and the Guru Granth Sahib is their eternal physical and spiritual form.

    Compilation of Sri Guru Granth Sahib

    • It was the fifth Sikh master, Guru Arjan Dev, who compiled the first Bir of the Guru Granth Sahib in 1604, and installed it at the Golden Temple in Amritsar.
    • Later, the tenth Sikh master, Guru Gobind Singh, added verses penned by the ninth master, his father Guru Tegh Bahadur, and compiled the Bir for the second and last time.
    • It was in 1708 that Guru Gobind Singh declared the Guru Granth Sahib the living Guru of the Sikhs.
    • Guru Granth Sahib is a compendium of hymns written by six Sikh gurus,15 saints, including Bhagat Kabir, Bhagat Ravidas, Sheikh Farid and Bhagat Namdev, 11 Bhatts (balladeers) and four Sikhs.
    • The verses are composed in 31 ragas.

    What does the act of carrying the saroop on one’s head signify?

    • The installation and transportation of Guru Granth Sahib is governed by a strict code of conduct called rehat maryada.
    • As a mark of respect, the Bir of the Guru Granth Sahib is carried on the head, and the person walks barefoot.
    • Whenever a devout sees the Bir of Guru Granth Sahib passing by, s/he removes her shoes and bows.
    • A ceremonial whisk is waved high over the Guru Granth Sahib either on the move or while reading from it.
    • Gurdwaras have a separate resting place for the Saroop, called ‘Sukh Asan Sthan’ or ‘Sachkhand’ where the Guru rests at night.
    • This takes place at the end of the day when the holy book is ceremoniously shut and rested. In the morning, the saroop is again installed in a ceremony called ‘prakash’.
    • Many tourists specially come to watch the prakash and sukha asan ceremony of the Guru Granth Sahib at the Golden Temple.

    Where are copies of the Guru Granth Sahib published?

    • There was a tradition among Punjabis, both Sikhs and Hindus, to copy the Guru Granth Sahib by hand and produce multiple copies.
    • The Udasi and Nirmla sects also played a role in making handwritten copies of the Birs until the British introduced the printing press.
    • Nowadays, the Shiromani Gurdwara Parbandhak Committee (SGPC) has the sole rights to publish the Birs of the Guru Granth Sahib, and this is done at Amritsar.

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    Try answering this PYQ:

    Consider the following Bhakti Saints:

    1. Dadu Dayal
    2. Guru Nanak
    3. Tyagaraja

    Who among the above was/were preaching when the Lodi dynasty fell and Babur took over? (CSP 2018)

    (a) 1 and 3

    (b) 2 only

    (c) 2 and 3

    (d) 1 and 2

     

    [wpdiscuz-feedback id=”wfybd1zyy2″ question=”Please leave a feedback on this” opened=”1″]Post your answers here:[/wpdiscuz-feedback]

  • [pib] Transport Initiative for Asia (TIA) Project

    NITI Aayog and World Resources Institute (WRI), India, jointly launched the ‘Forum for Decarbonizing Transport’ in India as part of the NDC-Transport Initiative for Asia (NDC-TIA).

    Transport Initiative for Asia

    • The NDC Transport Initiative for Asia (TIA 2020-2023) is a joint programme that will engage China, India, and Vietnam in promoting a comprehensive approach to decarbonizing transport in their respective countries.
    • The project is part of the International Climate Initiative (IKI).
    • NITI Aayog is the implementing partner for the India component of the project.
    • The project aims at bringing down the peak level of GHG emissions (transport sector) in Asia (in line with a well below 2-degree pathway), resulting in problems like congestion and air pollution.

    Why need such initiative?

    • India has a massive and diverse transport sector, which is also the third most CO2 emitting sector.
    • Data suggests that within the transport sector, road transport contributes to more than 90% of the total CO2 emissions.
    • The NDC-TIA India component focuses on developing a coherent strategy of effective policies and the formation of a multi-stakeholder platform for decarbonizing transport in the country.

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  • [pib] E-Shram Portal:  National Database on Unorganized Workers (NDUW)

    The Union Ministry of Labour & Employment will launch the e-Shram portal – National Database on Unorganized Workers (NDUW).

    What is the E-Shram Portal?

    • The government aims to register 38 crore unorganized workers, such as construction labourers, migrant workforce, street vendors and domestic workers, among others.
    • The workers will be issued an e-Shram card containing a 12-digit unique number, which, going ahead, will help in including them in social security schemes.
    • The government had earlier missed deadlines for creating the database, inviting criticism from the Supreme Court.

    How will the registration for workers happen on the portal?

    • The registration of workers on the portal will be coordinated by the Labour Ministry, state governments, trade unions and CSCs.
    • Awareness campaigns would be planned across the country to enable nationwide registration of workers.
    • Following the launch of the portal, workers from the unorganized sector can begin their registration from the same day.
    • A national toll free number — 14434 — will also be launched to assist and address the queries of workers seeking registration on the portal.
    • A worker can register on the portal using his/her Aadhaar card number and bank account details, apart from filling other necessary details like date of birth, home town, mobile number and social category.

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