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  • Weekly Gyaan with Dr. V | Priority 1 news items from 23-30 Nov 2017

    High Priority (P1) news items from 23 November – 30 November

     

    Cabinet approves India’s membership for EBRD

    Importance level: HIGH

    Prelims worthy: EBRD, International economic institutions

    Mains worthy: Membership of India at various international forums/institutions

    Short summary: News discusses approval by Union Cabinet for India’s membership to European Bank for Reconstruction and Development (EBRD).

    This will help India obtain funding in various areas including services and manufacturing.

    EBRD’s core operations pertain to private sector development in their countries of operation.

    The EBRD is not to be confused with the European Investment Bank (EIB) which is owned by EU member states and is used to support EU policy.

    How is it different from IBRD?

    Read more about it here:

    https://www.civilsdaily.com/cabinet-approves-indias-membership-for-ebrd/#post-93151

     

    Migratory birds start arriving in Chilika

     

    Importance level: HIGH

    Prelims worthy: Chilka lake and other wetlands under Ramsar convention

    Mains worthy: Measures that can be taken to reduce threats faced by existing protected areas

    Short summary: The news discusses arrival of lakhs of migratory birds at the Chilika Lake.

    Chilka lake is Asia’s largest brackish water lagoon. It is the largest wintering ground for migratory birds on the Indian sub-continent.

    In 1981, Chilika Lake was designated the first Indian wetland of international importance under the Ramsar Convention.

    The lagoon hosts over 160 species of birds in the peak migratory season. Birds from as far as the Caspian Sea, Lake Baikal, Aral Sea and other remote parts of Russia, Kirghiz steppes of Mongolia, Central and southeast Asia, Ladakh and Himalayas come here.

    Read more details here:

    https://www.civilsdaily.com/migratory-birds-start-arriving-in-chilika/#post-93135

    Further reads- Mark all mentioned places on world/India map. There is a high probability of one of them appearing in Prelims.

     

    [op-ed snap] The potential of smart contracts in banking

     

    Importance level: HIGH

    Prelims worthy: Bitcoins, Blockchain

    Mains worthy: Scope of leveraging blockchain technology in banking and other sectors

    Short summary: Editorial discusses about blockchain technology being explored by Bankchain which is a consortium of 27 banks (22 of them are Indian) of which the State Bank of India (SBI) was the first Indian member

    “Blockchain” is the sequence of all the verified “blocks” of transactions, recorded chronologically —timestamped—one after the other.

    The blockchain can be used to keep track of the ownership of any asset or data that can be digitized and represented by computer code.

    Banks are uncomfortable with losing control of the system and they prefer “permissioned” blockchains like Bankchain which restricts the access to nodes to other banks.

    Read the full op-ed here:

    https://www.civilsdaily.com/story/banking-sector-reforms/#post-93129

     

    Rajnath to chair meet on Centre-State relations

     

    Importance level: HIGH

    Prelims worthy: ISC, Punchhi commission

    Mains worthy: Changing equations in Centre State relations and matters related to internal security

    Short summary: News discusses about Home Minister chairing a meeting of the Standing Committee of the Inter State Council (ISC) to discuss the recommendations made by the Punchhi Commission on Centre-State relations.

    The Commission in its report had said that ‘National Security’ as a subject was not specifically listed in any of the three Lists, i.e. the Union, the State or the Concurrent List.

    Though it is an overriding executive power of the Union, in Constitutional practice, however, ‘Security’ is a subject in which the States and the Union have a common interest and are expected to act in a coordinated manner, the report had said.

    Read more about issue here:

    https://www.civilsdaily.com/rajnath-to-chair-meet-on-centre-state-relations/#post-93238

    Further reads: Recommendations of Punchhi commission for Mains, Role of ISC, Union, state and concurrent lists.

     

    Can’t force govt. to frame a law: SC

     

    Importance level: HIGH

    Prelims worthy: UN convention against torture

    Mains worthy: Judiciary executive faceoff, Judicial activism

    Short summary: News discusses about the Supreme Court statement saying it would not compel government to ratify the UN Convention against Torture or command it to frame a standalone anti-torture legislation.

    The judiciary had faced a barrage of criticism for its “judicial activism” in recent past

    The UN convention against torture is an international human rights treaty, under the review of the United Nations, that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.

    Read more about it here:

    https://www.civilsdaily.com/story/judiciary-institutional-issues/#post-93430

    Further reads: Powers of Judiciary, legislature in matters related to legislation

     

    Drug regulator to make ‘stability testing’ a must for all medicines sold in India

     

    Importance level: MEDIUM

    Prelims worthy: Drugs and Cosmetics Rules, 1945, stability testing

    Mains worthy: Issues related to pharma sector in India

    Short summary: Amendments are being proposed to the existing Drugs and Cosmetics Rules, 1945, to make “stability testing” mandatory for all drugs sold in the country before they are deemed suitable for use by patients.

    Once the rules take effect, pharma companies will have to subject their products to quality tests to make sure that drugs do not lose their potency and the expiry dates printed on the packaging are based on the test results.

    Stability testing is the process of subjecting drugs to different tests in varying degrees of temperature and sunlight.

    Read the full news here:

    https://www.civilsdaily.com/story/pharma-sector/#post-93433

     

    Internet must be open: TRAI backs net neutrality

     

    Importance level: HIGH

    Prelims worthy: Net neutrality, TRAI

    Mains worthy: Debate around net neutrality

    Short summary: News discusses about TRAI recommendation of upholding the basic principle of net neutrality.

    Net neutrality means that a service provider can discriminate users on the basis of content by either blocking, throttling, or “fast-laning” any apps, websites or web services.

    To monitor and investigate whether service providers are adhering to the rules, the regulator also suggested that a multi-stakeholder body should be set up.

    Read all details here:

    https://www.civilsdaily.com/story/net-neutrality-the-debate-around-it/#post-93509

     

    India loses billions to air pollution: UN

     

    Importance level: HIGH

    Prelims worthy: Minamata convention, ‘Towards a pollution-free planet’ report by UN

    Mains worthy: Air pollution and issues related to it

    Short summary: News discusses about India having the highest share of welfare costs (or a loss of income from labour) in South and South-East Asia from mortality due to air pollution.

    This is according to a report by the United Nations Environment Programme named ‘Towards a pollution-free planet’.

    Report said that if consumption and production patterns continue as they are, the linear economic model of ‘take-make-dispose’ will seriously burden an already polluted planet, affecting current and future generations.

    Read all details of report and Minamata convention here:

    https://www.civilsdaily.com/story/air-pollution/#post-93507

     

    Electoral bonds: Govt, RBI finalising norms; unveiling likely by year-end

     

    Importance level: HIGH

    Prelims worthy: Electoral bonds, Role of ECI, RBI and others, RPA Act provisions related to electoral funding, conduct of elections (Static part)

    Mains worthy: Transparency in election process

    Short summary: News discusses the progress related to electoral bonds announced in Budget 2017 which aimed at bringing more transparency in donations given to political parties.

    While the main motive behind their introduction was increased transparency in electoral funding, government has provided a bypass to political parties by including provision in budget that exempts political parties from disclosing donations received from electoral bonds, even if it is above the prescribed limit of Rs. 20,000 mentioned in Representation of the People (RP) Act.

    Also, government removed limits on corporate donations to political parties. Companies are no longer required to name the parties to which contributions are made.

    Read more about electoral bonds and other details here: https://www.civilsdaily.com/electoral-bonds-govt-rbi-finalising-norms-unveiling-likely-by-year-end/#post-93567

    Further reads: Read about RP Act, Election process from Polity book/notes.

     

    To make instant triple talaq a crime, Govt looks to change Shah Bano law

     

    Importance level: MEDIUM

    Prelims worthy: Triple Talaq, CrPC

    Mains worthy: Urgent requirement of Uniform Civil Code

    Short summary: News discusses government actions being taken after Supreme court gave its verdict on Triple talaq issue. Various options are being considered by government to give relief to women of muslim community from centuries-old practice of instant talaq.

    One option under consideration is amending The Muslim Women (Protection of Rights on Divorce) Act, 1986 (also called the Shah Bano Act) which allows maintenance to a divorced woman only during the period of iddat, or three menstrual cycles/three lunar months after divorce in line with Muslim personal law.

    While divorce is a civil matter, the legislature is free to declare any unlawful/illegal offence, in this case triple talaq, as criminal.

    The government is also considering amendments to provisions of Section 125 Code of Criminal Procedure (order for maintenance of wives, children and parents) to provide further safeguards to Muslim women and their wards.

    Read more about Triple talaq here:

    https://www.civilsdaily.com/story/women-empowerment-issues-jobsreservation-education/#post-93563

    Further reads: Read about Religious Personal laws and their status vis-a-vis fundamental rights/DPSP , CrPC from Polity book/notes.

     

    India unlikely to cut malaria by half in 2020: WHO

     

    Importance level: HIGH

    Prelims worthy: Malaria, WHO reports, Various virus and bacteria causing communicable and noncommunicable diseases (Static part from NCERTs)

    Mains worthy: Status of Health Care system in India

    Short summary: The news discusses about India likely to miss its target of reducing Malaria instances to half by 2020.

    Neighbours of India such as Bhutan, Nepal, Thailand, Bangladesh, Myanmar and Indonesia, are among the countries poised to reduce malaria incidence by over 40% by 2020.

    A key impediment to eliminating malaria is a weak surveillance system for screening cases of Malaria.

    Read more about Malaria and other diseases here:

    https://www.civilsdaily.com/story/communicable-and-non-communicable-diseases/#post-93533

     

    [op-ed snap] How to free Indians from the medical poverty trap

     

    Importance level: HIGH

    Prelims worthy: Generic medicines, Bioequivalence

    Mains worthy: Problems being faced by Health Care system in India

    Short summary: Editorial discusses the dichotomy of health care sector that despite being the largest supplier of generic drugs in the world, too many Indian citizens do not get access to medicines owing to high costs.

    Medicines are a major component of total health expenses—72% in rural areas and 68% in urban areas and Healthcare costs pushed 60 million Indians below the poverty line in 2011.

    Cheaper generics are one of the important factors for reducing healthcare cost as government solution of price control of medicines and healthcare equipments is suboptimal.

    Read more about the issue, generic medicines and bioequivalence here:

    https://www.civilsdaily.com/story/health-sector/#post-93539


    Dr. V along with CD’s newscards team brings to you the highest priority news items (P1) of the week gone by. Make sure you go through them, make notes, ask questions and explore more static syllabus as per our directives, given in “Further Readings”

    About Dr. V

    Dr. Vipin Garg is a medical doctor by training, economist by passion and an IAS officer by profession. He is one of the founding members of Civilsdaily and pioneered the concept of Tikdams (Smart Hacks) for IAS Prelims which form the bedrock of Civilsdaily’s Flagship Prelims Test Series.

  • Psychology Optional 2018 Preparation

    I am starting Psychology optional preparation for CSE 2018. It will include Daily topic targets(at least 4-5 hours study time) and weekly tests.The target is to complete the syllabus by 30th January.Join if you are done with NCERTs. Welcome.

  • 4 Dec 2017 | Prelims Daily with Previous Year Questions & [Tikdams]

    Dear student,

    One of these questions would have application of Tikdams. Tikdams are smart hacks which help you arrive at the right answer with basic knowledge. Broadly speaking, there are 2 types:

    1. Elimination Tikdams: Extrapolate your basic knowledge to eliminate options which appear out of context. Zero down on 2 choices and then mark the question as per your risk appetite
    2. Estimation Tikdams: Read the question well and work out the answer from within the options – Most of the times UPSC plays with words or embeds clues within the question. A smart aspirant figures them out!

    With strong basics and regular practice, you will be able to arrive at a very robust Tikdam framework of your own. To know more, read about this technique here, IAS 2016 by Dr. V & Tikdams 


    Q.1) Consider the following statement about the Saubhagya scheme:

    1. Saubhagya is a scheme launched to achieve electrification of all the villages in India.

    2. The Rural Electrification Corporation Limited (REC) is nodal agency for operationalisation of scheme throughout country.

    3. All States and Union Territories of the country are required to complete the target of electrification in their respective jurisdiction by 31st March, 2019.

    Which of the following statement is/are correct?

    a) All of the above

    b) 2 and 3 only

    c) 1 and 2 only

    d) 1 and 3 only

    Tikdam:

    Even if you have not read the minute details of the scheme like who will be the implementing agency, By when states and U &T are required to complete the target still you can solve the question by using common-sense. The full form of Saubhagya scheme is Pradhan Mantri Sahaj Bijli Har Ghar Yojana, now as the name suggests it is definitely scheme for Household electrification and not village electrification. Village electrification is already being tackled by another scheme Deen Dayal gram jyoti Yojana. Why would Government launch another scheme with a same purpose? Thus once we eliminate statement 1 we will automatically get the answer using the elimination method without knowing the other 2 statements.

    Q.2) The India Hypertension Management Initiative (IHMI) is collaborative project of which of the following organisation/ministry/government?

    1. Indian Council of Medical Research (ICMR)

    2. Ministry of Health and Family Welfare (MoHFW)

    3. State Governments

    4. World Health Organization (WHO)

    Select the correct option using the codes given below.

    a) 2, 3 and 4 only

    b)  1, 2, 3 and 4

    c) 1 and 4 only

    d) 1, 2 and 3 only

    Q.3) Consider the following statement regarding the ‘UNAIDS’:

    1. It is a member of the United Nations Development Group.

    2. It is headquartered in Geneva, Switzerland.

    Which of the statements given above is/are correct?

    a) Both 1 and 2

    b) 1 only

    c) 2 only

    d) Neither 1 nor 2

    Q.4) With reference to the ‘Exclusive Economic Zone (EEZ).’, sometimes seen in news, consider the following statements:

    1. It is a Sea Zone.

    2. It is governed by State Governments.

    Which of the statements given above is/are correct?

    a) 1 only

    b) Neither 1 nor 2

    c) Both 1 and 2

    d) 2 only

    Q.5) Which of the following statements regarding the ‘BRICS’ members is/are correct?

    1. Only 3 members of the BRICS are members of the G-20.

    2. Brazil was the last member to join the Association.

    Select the correct option using the codes given below.

    a) Neither 1 nor 2

    b) 1 only

    c) 2 only

    d) Both are correct

    Q.6) How do you distinguish between kuchipudi and bharatnatyam dances?

    1. Dancers occasionally speaking dialogues i found in kuchipudi dance but not in bharatnatyam.

    2 . Dancing on the brass plate by keeping the feet on its edges is a feature of bharatnatyam but have such a form of movements.

    Select the correct answer using the codes given below.

    a) 1 only

    b) 2 only

    c) both 1 and 2

    d) neither 1 nor 2

    Q.7) Which of the following would include Foreign Direct Investment on India?

    1. Subsidiaries of foreign companies in India

    2. Majority foreign equity holding in Indian companies

    3. Companies exclusively financed by foreign companies

    4. Portfolio investment

    Select the correct answer using the codes given below:

    a) 1, 2 , 3 and 4

    b) 2 and 4 only

    c) 1 and 3 only

    d) 1, 2 and 3 only

    Q.8) The Rowlatt act aimed at

    a) compulsory economic support to war efforts

    b) imprisonment without trial and summary procedures for trial

    c) suppression of the khilafat movement

    d) imposition of restrictions on freedom of the press


    IMPORTANT STUFF: 

    1. Daily newscards have been enriched with back2basics and note2students – Make notes daily

    2. Liked Tikdams? Join our Flagship TS which helps you perfect this approach – Flagship Prelims for IAS 2018

    3. For attempting previous Prelims Daily Questions – Click here

    4. Click here for Solutions

  • Polity Titbits: Panchayati Raj- Local governance

    Local self government: various committees

    Balwant Rai Mehta Committee Ashok Mehta GVK rao Singhvi
    Mandate To examine working of Community development programme and national extension services To study Panchayati Raj Administrative arrangement for rural development and poverty alleviation Revitalisation of panchayati raj
    Suggestion 3 tier Panchayati Raj linked through indirect election 2 tier – Zila Panchayat and Mandal Panchayat District the unit of planning, post of district development commissioner Constitutional protection to panchayati raj

     

    Local governance

    Panchayat Municipalities
    Constitutional amendment 73rd 74th
    Schedule 11th (29 items) 12th (18 items)
    DPSP article 40 NA
    Tier/ type 3 tier Not tier but 3 types depending on size of urban areas

     

    Titbits

    1. 1st panchayati raj institution in Nagore (Rajasthan)
    2. 1st municipality Madras (British times)
    3. Gram sabha is assembly of all the voters of gram panchayat
    4. 74th amendment deals with district planning committee
    5. ⅓ reservation for women in all posts
    6. State election commission appointed by governor to conduct polls
    7. State finance commission appointed by governor
    8. Min age to contest election is 21 years
    9. Duration is 5 years, if dissolved before that, next panchayat serves only remaining years
  • Polity Titbits: Constitutional, Statutory and quasi judicial bodies

    Constitutional bodies

    Appointment Tenure Removal Process of removal Eligibility for reappointment w/i govt
    Attorney general (Advocate general) President (governor) Pleasure of President (governor) President (governor) No reason need to be mentioned Yes
    Election Commission (SEC) President (governor) 6 years/ 65 President CEC and SEC by special majority

    Other ECs on recommendation of CEC

    Yes
    Finance commission (SFC) President (governor) Specified by president NA NA yes
    UPSC (SPSC) President (governor) 6 years/ 65 President After enquiry by supreme court Members can become Chair, state members can become chair or member or chair of UPSC
    CAG President 6 years/ 65 President Special majority NO

     

    Statutory bodies

    Appointment Committee members Other members tenure Removal
    NHRC (SHRC) President (governor) 6 (PM + LOP lok sabha) Speaker, deputy CP RS, LOP RS, home minister 5 years/ 70 President after supreme court inquiry
    CIC (SIC) President (governor) 3 ((PM + LOP lok sabha) Cabinet minister nominated by PM 5 years/ 65 President (governor for CIC) after supreme court inquiry
    CVC President (governor) 3 ((PM + LOP lok sabha) Home minister 5 years/ 65 President after supreme court inquiry
    Lokpal President 5 (PM + LOP lok sabha Speaker, CJI, eminent jurist 5 years/ 70 Like a supreme court judge
  • Polity Titbits: Constitution- Special provisions

    Special Provisions

     

    Emergency provisions

     

    National emergency

    (art 352)

    State Emergency/ President’s rule  (Art 356) Financial emergency
    Grounds War, External aggression, armed rebellion <threat or actual> Failure of constitutional machinery of state or can’t comply with the directions of centre Threat to financial credit
    Who declares President after written cabinet recommendation President President
    Parliamentary approval w/i 1 month by both houses w/i 2 month by both houses w/i 2 month by both houses
    Type of majority Special Simple Simple
    Duration 6 months from approval 6 months from approval Indefinitely
    Reapproval Any number of times Max 3 years Not applicable
    Revocation By president or by LS only by simple majority By president, By president
    Legislature and laws on state list Continues, both parliament and state can pass laws Suspended or dissolved and only parliament can make laws Can issue directions to reserve money bill and finance bills for president
    Executive Continues, both union govt and state govt have powers Dismissed, president administers through governor Can issue direction to reduce salaries including those of supreme court and high court judge
    FRs, Art 19 automatically suspended, 20 and 21 can’t be, right to move courts for others can be suspended by presidential orders NA NA

     

    Schedule 5 and 6

    Schedule 5 Schedule 6
    Deal with – Scheduled area and STs in any state except ATMM Administration of tribal areas Assam, Tripura, Meghalaya, Mizoram
    Autonomy Limited autonomy. Only tribal advisory council at state level More autonomy, autonomous districts
    Schedule area President declares, can increase or decrease the area Governor can organize, reorganize autonomous districts
    Executive power of state Applicable but special responsibility of governor Same
    Acts of parliament or legislature Governor can modify the law or state that they are not applicable same

     

  • Polity Titbits: Functions/powers of Judiciary

    Judiciary

    Appointments

    Titbits

    1. Parliament decide the number of judges of supreme court while president decide the numbers in high courts
    2. Both supreme court and high court judges are appointed as well as removed by president
    3. Salaries of high court judges is charged on CFS while pension is charged on CFI
    4. Appointment by collegium system (CJI plus 4 seniormost supreme court judges) after 3rd judges case
    5. District judges are appointed by governor in consultation with high courts
    6. Both SC and HC judges need 10 year practice in high court but SC judge need 5 year judgeship in high court while HC judge needs 10 years of judgeship
    7. A distinguished jurist can be appointed as judges of supreme court but not high court
    8. Removal by special majority of parliament on grounds of proved misbehavior or incapacity
    9. SC judges can’t practice w/i india post retirement: high court judges can in supreme court or other high courts <but there is no bar on further appointments such as chairperson or members of NHRC etc>
    10. Constitution provided for 1 high court for each state but 7th amendment allowed parliament to establish common high courts

    Jurisdictions of courts

    Exclusive (original by default) Original <concurrent with high courts> Appellate Advisory
    Petition only in supreme court (directly by default) Directly in supreme court Appeals from high court President refers(art 143)
    Federal disputes, inter state matters, disputes regarding election of president, VP Writ under art 32 Appeals, SLP Not necessary to tender opinion except on pre constitutional matters

     

    Types of Writs

    Writ Habeas Corpus Mandamus Prohibition Certiorari Quo Warranto
    Meaning -To produce the body

    -Against arbitrary detention

    -We command

    -to perform Official duty

    -To forbid

    – from exceeding jurisdiction

    – to be certified

    -transfer a case or quash an order

    -by what authority

    -legality of claim to public office

    Issued against public as well as private authority Public official, court, tribunal Judicial, quasi Judicial Judicial, quasi Judicial and administrative authorities Substantive public office created by constitution or statute
    Can’t be issues against Lawful detention private Private, administrative, legislative Private, legislative Ministerial, private
    Who can file Aggrieved person Aggrieved person Aggrieved person Aggrieved person Any person

     

    Writ jurisdiction of Supreme court v/s High Court

    Court Supreme court High Court
    Article 32 226
    Scope Only for FRs FRs plus legal rights

     

  • Polity Titbits: Functions/powers of executive

    Executive

    Titbits

    1. President, VP both elected indirectly by proportional representation by means of single transferable vote and voting is by secret ballot
    2. Electoral college of president contains elected MPs and elected MLAs (including that of UTs of Delhi and Puducherry) while that of VP includes all MPs (nominated MPs and nominated MLAs not included in presidential electoral college where as nominated MPs are included in Vice presidential but none of the MLAs )
    3. MLCs not included in electoral college of either president or VP
    4. Value of votes of all elected MPs = Value of votes of all elected MLAs
    5. Min age 35 years for both president and VP (LS, MLA = 25, RS, MLC = 30, local bodies =21)
    6. Oath to preserve, protect and defend the constitution to president by CJI while by president to VP
    7. Impeachment for violation of constitution by ⅔ absolute majority
    8. Vacancy in presidential office, VP and in his absence CJI
    9. President acts in accordance with aid and advice of CoM except where situational discretion is necessary (govt losing no confidence motion, no clear majority)
    10. President appoints judges of supreme court as well as high court
    Issue President Governor
    Head Head of the country, head of govt is PM Head of a state, head of govt is CM
    Executive power All executive action in his name Same
    Oath Preserve, protect and defend the constitution Same
    Appointment Indirect election Nominated by president; representative of union in states
    Removal Impeachment President can remove him any time/ pleasure principle
    Grounds of removal Violation of constitution No grounds mentioned
    Advice of council of minister Binding (42nd amendment), can return the advice once (44th amendment) binding save for exceptional circumstances (various supreme court judgements)
    Ordinance Art 123, when either house is not in session, not for CAB Art 213, same
    Ordinary bill Can be sent for reconsideration once to parliament, bound to give assent after that same
    Money bill Can’t send for reconsideration (after all president himself recommends the bill) same
    Constitution amendment bill Has to give his assent (24th amendment) No role
    if governor reserves the bill for president (article 200) Can assent/ withhold assent or send the bill for reconsideration (except money bill which can’t be resent) (article 201) No further role of governor
    If house sends the bill back in the same form Not bound to give assent <governor is bound to give assent after repassage> No role
    Clemency power Can pardon death sentence and court martial sentences Can’t pardon death sentence, no role in military matters

     

    Bills which must be reserved for President’s consideration

    1. bills derogating the powers of the High Court (art 200)
    2. imposition of taxes on water or electricity in certain cases (Article 288)
    3. during a Financial Emergency (art 360)

     

    Bills which may be reserved for President’s consideration and assent for specific purposes

    a). To secure immunity from operation of Articles 14 and 19. These are Bills for

    1. acquisition of estates, etc.  (Article 31A(I (b))
    2. giving effect to Directive Principles of State Policy (Article 31C)

    (b) A Bill relating to a subject enumerated in the Concurrent List, to ensure operation of its provisions despite their repugnancy to a Union law or an existing law, by securing President’s assent in terms of Article 254(2)

    (c) Legislation imposing restrictions on trade and commerce

     

    Titbits

      1. President (governor) appoints leader of majority party as PM (CM). Discretion in case of no clear majority.
      2. Ministers are appointed on the advice of PM or CM (no discretion)

     

    • CM of UTs is appointed by President not Lt. Governor

     

    1. Ministers hold office during pleasure of president (governor) and are collectively responsible to house of people
    2. Total strength of CoM including PM (CM) not to exceed 15% of membership of LS (91st CAA)
    3. Ministers can be appointed w/o being part of LS or RS but have to get elected w/i 6 months
    4. Ministers/ Attorney general who are not member of a house/ committee can attend the meetings but can’t vote
    5. Cabinet is subset of CoM and includes only ministers of cabinet rank (article 352)

     

    Governor of state  v/s LG of Delhi

    Governor/ state LG/ Delhi
    Appointment of CM/ ministers By governor By president
    Ministers hold office till pleasure of Governor President
    Discretion Very limited Can refer any matter to president if not satisfied
    Who can make Laws on state list Only state legislature ordinarily Parliament as well as state legislature

     

    Civil services

    While ministers are political executives, civil servants are permanent executives as they don’t have to seek mandate of people every five years.

    All India services: Common to both centre and states

    1. Recruitment by centre, serve under states
    2. 3 all india services – IAS, IPS and indian forest services <created in 1968>
    3. Parliament can create new IAS if RS passes a resolution by ⅔ majority
    4. Central govt makes service rules in consultation with state govt
    5. Work under pleasure of president with safeguards
  • Polity Titbits: Functions/powers of legislature

    Legislature

    Parliament –

    Loksabha (house of people) + RajyaSabha (Council of states) + President

    LokSabha RajyaSabha
    Other names Lower house, house of people Upper house, council of states
    Total strength (state+UT+nominated) 530+13+2 29 elected from states + 4 from UTs + 12 Nominated by president
    Maximum strength (state+UT+nominated) 530+20+2 238 +12
    Mode of election Direct election – First past the post Indirect by MLAs – proportional representation by single transferable vote
    Life cycle 5 yr or until dissolved Continuing chamber (6 year of MP)
    Min age to contest polls 25 30
    Presiding officer Speaker Vice President (Ex officio
    Who can be nominated Anglo Indians
    Special knowledge in Literature, art, science,social service

     

     

    LS RS
    Money Bill, certification and voting on it Introduced here, speaker certifies can vote and amend Can’t be introduced, can’t vote, can only send recommendation within 14 days
    Estimate committee members All 30 from LS No role
    Joint sitting presided by Speaker > deputy speaker Not by VP
    National emergency discontinuation Resolution by LS No role
    No confidence motion, censure motion adjournment motion Only in LS

     

    RS LS
    Parliamentary law on state list Authorizes (Art 249)
    Creation of new AIS Authorizes (Art 312)
    Introduction of motion to remove VP Introduced here and passed by effective majority LS – simple majority required

     

    Presiding officers

    Speaker of previous LS vacates post before first meeting of new LS

    President appoint speaker Pro Tem – usually senior most member

    Presides over first meeting, oath to members, election of speaker

    Speaker is elected and pro tem cease to exist

    Speaker fixes the date for election of deputy speaker

    Nominates panel of =<10 chairpersons to preside in his/ deputy’s absence

     

    Election and removal (Speaker, deputy and vice CP) and salary

    Election -By the members of particular house by simple majority

    Removal – 14 days notice and effective majority of house

    Charged on CFI and thus non votable

    Titbits:

    1. President is part of parliament but not the presiding officer of any house
    2. VP is not the part of parliament yet presiding officer and ex officio chairperson of RS
    3. President can not chair joint sitting even in the absence of speaker and deputy speaker. Deputy CP chairs the sitting in such eventuality
    4. Being elector of same state is not a requirement to contest election of RS or LS (elector in any constituency in India)
    5. Bills introduced by ministers are public bills, those by other members (including members of ruling party) are private bills

     

    Unique provisions

    1. Question hour and not Zero hour is first hour of parliamentary proceeding.
    2. Indian innovation – Zero hour and Calling attention motion
    3. Not mentioned in rule of procedure – Zero hour (calling attention motion is in rules)
    4. Censure motion should state the reasons and can be initiated against individual minister as well; no such requirement for no confidence motion, only against CoM
    5. Adjournment motion is extraordinary device to draw attention to urgent matter of public importance
    Ordinary Bill Money bill CAB
    Government approval No Required (introduced by minister only) No
    Introduction Either house Only LS Either house
    Passage Simple majority Simple Special
    Amendments Simple majority RS only recommends changes within 14 days Special majority
    Deadlock President can call Joint session after 6 month LS doesn’t have to accept recommendations, bill is passed as such No joint sitting
    Returning by President Can return once for reconsideration or withhold assent Can’t return, either assent or reject Shall assent

     

    Titbits:

    1. Only 3 joint sittings so far – dowry bill, banking services bill and POTA bill
    2. Only 14 private member bills have been passed so far, last bill (supreme court enlargement of jurisdiction bill )was in 1968
    3. Right of transgender persons bill was passed by RS (1st private member bill to get the nod of upper house in 45 years)

    Budget (Annual Financial Statement, Article 112)

    1. Presentation of budget by FM
    2. General discussion – discuss as a whole
    3. Scrutiny by departmental committees – for 3 to 4 weeks
    4. Voting on demand for grants – voting only in LS and only on non charged expenditure (cut motions at this stage). On last day all remaining demands are put together and put to vote – guillotine
    5. Passing of appropriation bill – voted demands plus charged expenditure, no amendments can be moved here
    6. Passing of finance bill – financial proposals (taxes), amendments to reduce taxes can be moved
    Fund Consolidated fund Contingency Public accounts
    What comes All receipts and payments Money comes from CFI to meet unforeseen expenditure All public money except CFI (provident fund, remittances etc)
    Parliamentary approval Yes No. finance secretary on behalf of president Not required, executive operates

    Titbits:

    1. Charged expenditure can be discussed but not voted
    2. Salary and allowance of SC judges, UPSC members, CAG, President, VP, Speaker, deputy, vice CP etc are charged on CFI
    3. Salaries and Expenditure of election commission is not charged on CFI
    4. Salary of high court judges is charged on CF of states while their pension in charged on CFI

     

    State legislative assembly (Vidhansabha)

    Vidhan Sabha is equivalent to LS and Vidhan Parishad to RS

    Differences are mentioned below

    Vidhan Parishad (legislative council): 7 states, Andhra, Bihar, J&K, K’taka, Maharashtra, Telangana, UP

    Creation and Abolition of Vidhan Parishad: Vidhan Sabha passes resolution by special majority and Parliament agrees to that resolution by simple majority

    Titbits:

    1. Bill passed by Vidhan Sabha – Vidhan Parishad can amend w/i 3 months – Vidhan Sabha accepts or rejects amendments – Vidhan Parishad can hold the bill for 1 more month
    2. Bill passed by Vidhan Parishad – Vidhan Sabha rejects – bill is killed
    3. No provision for joint sitting in states
    4. Maximum strength of Vidhan Parishad ⅓ of Vidhan Sabha, min 40
    5. ⅚ indirectly elected, ⅙ nominated

    Governor can reserves all the bills for presidential assent

    Once he reserves the bill, his role is over and president can assent, hold back, reject or send the bill for reconsideration

    Situations where Parliament can pass bill on state subject

    Condition Duration
    National emergency 6 months after expiry of emergency
    President’s rule Indefinitely but legislature can repeal or modify
    International treaty/ agreement Indefinitely
    RS passes a resolution by ⅔ majority 1 year of resolution plus 6 months <resolution can be passed again>
    2 or more states pass the resolution <applicable only ti those states> Indefinitely

     

    Types of majority

    Eg. Total seats – 545

    Vacancies due to death and resignation – 10

    Absence – 20

    Total vote cast – 500 ( 15 present did not cast vote)

    Type Simple Effective Absolute ⅔ majority Special Absolute ⅔
    Definition 50% present and voting +1 50% of (total – vacancies) +1 50% of total + 1 ⅔ present and voting +1 Absolute and ⅔ simultaneously ⅔ of total +1
    Example (500/2) +1 (545-10)/2 +1 (545/2) +1 (⅔*500) +1 (⅔*545)
    Used Ordinary bill, money bill Removal of speaker, deputy speaker in LS, VP and vice Cp in RS No where Art 249, 312, 169 Art 368, removal of judges of supreme court, high court, CAG Impeachment of president

     

    Parliamentary committees

    Committee Estimates committee Public accounts committee Departmentally related standing committees (24)
    Membership 30 (LS) 22 (15+7) 21+10
    Appointment Elected every year by proportional representation Elected every year by proportional representation Nominated by Speaker and CP
    Chairperson Ruling party member Opposition member from 1967
    Role Examine estimates included in budget and suggest economies in expenditure Examines audit report of CAG Demand for grants and bills