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Subject: Polity

  • Step towards more LGBTQIA+ affirmative medical curriculum doesn’t go far enough

    Context

    The National Medical Commission (NMC), the body responsible for regulating medical education in India, released an advisory regarding the LGBTQIA+ community and the necessary changes in the competencies of its competency-based medical education (CBME) curriculum.

    Exclusion of LGBTQIA+ community in medication

    • Medical education in India has focussed only on the binary of male and female, heterosexuality and cis-gendered lives, while excluding homosexuality and gender non-binary and transgender issues.
    • This results in the exclusion of the LGBTQIA+ community.
    • Even with the release of the competency-based medical curriculum in August 2019, the curriculum continues to include a queerphobic syllabus.

    About the NMC notification

    • The Transgender Persons (Protection of Rights) Act, 2019 mandates governments to take measures for the “review of medical curriculum and research for doctors to address their [transgender] specific health issues,” but no action has been taken since then.
    • In June 2021, in response to a case filed by a queer couple, the Madras High Court laid down a set of guidelines and directed the NMC to ban queerphobic practices such as conversion therapy which aims to forcibly change the sexual orientation of a person.
    • In its notification, the NMC has advised medical colleges to teach gender in a way that is not derogatory to the queer community.
    • The authors of medical textbooks have also been asked to amend the books to remove any harmful contents regarding virginity and the queer community.

    Issues with the NMC notification

    • While the NMC advisory title mentions necessary changes in the competencies of its CBME curriculum, there are no specifications on what these changes are.
    •  At the same time, the CBME curriculum itself mentions queerphobic things that are to be taught to students.
    • Certain acts are called as sexual offences even though the Supreme Court has read down Section 377. 
    •  Also, the competencies which will make a future Indian doctor respectful and empathetic in treating a queer patient are missing.

    Way forward

    • The NMC must start by recognising the flaws in its own CBME curriculum and explicitly state the changes required.
    • Specific guidelines on how to make healthcare queer-affirmative are needed.
    • The directive also needs to specify changes across several subjects and not just forensic medicine and psychiatry.
    •  For this, there needs to be a participatory stakeholder consultation towards the development of a queer-affirmative curriculum.
    • Finally, there needs to be clarity on what the NMC plans to do for tackling queerphobia in the current set of health professionals.

    Consider the question “The Transgender Persons (Protection of Rights) Act, 2019 mandates governments to take measures for the review of the medical curriculum. In light of this, discuss the changes needed in the medical curriculum regarding the LGBTQIA+ community.”

    Conclusion

    Without these changes, equitable access to healthcare for queer persons will remain a faraway dream.

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  • Internal democracy in political parties

    Context

    It is obvious that institutional intermediaries in a representative democracy must themselves be democratic. However, beyond the rhetoric, internal democracy in a political party is less straightforward.

    How democratic accountability in a political party is different from that in a country

    • Democratic accountability in a political party is qualitatively different from that in a country.
    • A political party is a collaborative platform to capture state power to achieve a certain vision for society. 
    • In a country, there are sharp differences between citizens on the vision and values themselves and the role of democracy is not just to create a framework to negotiate conflict but to ensure that the state is representative of the largest section of the electorate through periodic elections.
    • Thus, while democracy at the level of the country is a bottom-up opportunity to change direction altogether, democratic accountability in a political party exists within an ideological framework.

    Is internal elections for party leadership a solution?

    • Subversion of internal institutional process: Proponents underestimate the ability of existing repositories of power to subvert internal institutional processes to consolidate power and maintain the status quo.
    • Independence of lower level: the assumption that the lower levels would be independent and hold the higher levels of leadership to account glosses over the many ways power asserts itself.
    • Independence and quality of electorate: The outcome of internal elections is contingent on the independence and quality of the electorate.
    • In indirect elections (through delegates), the electorate would likely mirror the existing balance of power.
    • In direct elections, there is a concern of ideological dilution and/or capture through opportunistic membership.
    • It is evident that internal elections may factionalise power but cannot establish normative accountability, which extends to all members of the party along three interconnected axes of ideology, organisation and competence.
    • Normative accountability is thus rooted in a dynamic context and is necessarily a deliberative process.

    Democratic functioning in political parties is not an end in itself

    • Unlike for the state, democracy is not an end in itself for a political party.
    • The highest possible attainment of individual well-being and individual self-will through a democratic state is an end in itself.
    • The purpose of a political party is the acquisition of state power.
    • Democratic functioning may be an ideological imperative, operational choice, or legitimising tactic but it is not an end in itself for a political party.

    Way forward

    • Instead of looking at internal party processes, one way to decentralise power is by getting rid of the anti-defection law.
    • The need to canvass votes in the legislature will create room for negotiation in the party organisation too.
    • Most importantly, this reform will impose a similar burden on all political parties and may create space to change the overall political culture.

    Consider the question “Lack of internal democratic functioning in the political parties has bearing on the overall political functioning of the country. Examine the factors responsible for its lack in India and suggest measures to encourage it.”

    Conclusion

    The role of democracy is not just to create a framework to negotiate conflict but to ensure that the state is representative of the largest section of the electorate through periodic elections.

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  • Bengal can’t bar CBI, Centre tells Supreme Court

    The Union Government has told the Supreme Court West Bengal state govt does not have any “absolute” power to keep the Central Bureau of Investigation (CBI) from investigating crimes inside the State.

    What is the issue?

    • A case of post-poll violence was transferred to the CBI by the Calcutta High Court.
    • Hence the State Police is under a cloud.
    • In a response to this, the West Bengal had filed a suit against the Union of India under Article 131 of the Constitution.

    What is Article 131 of Indian Constitution?

    • Article 131 states talks about the original jurisdiction of the Supreme Court on matters subject to the provisions of Constitution between the Government of India and one or more States.
    • Thus, the Article allows a state to file a suit in the Supreme Court in case of any dispute that it may have with the central government, invoking the court’s “original jurisdiction”.

    Why WB challenged the Union govt?

    • The State has challenged the CBI’s jurisdiction to register FIRs and conduct investigations in the State in myriad cases.
    • West Bengal said it had withdrawn “general consent” to the CBI way back in 2018.
    • The State said the CBI’s actions were a direct attack on the federal structure of governance.

    What is this ‘General Consent’ about?

    • Unlike the National Investigation Agency (NIA), which is governed by its own NIA Act and has jurisdiction across the country, the CBI is governed by the Delhi Special Police Establishment Act.
    • This makes consent of a state government mandatory for conducting an investigation in that state.
    • Hence the CBI has jurisdiction only over central government departments and employees.
    • However, it can investigate a case involving state government employees or a violent crime in a given state only with the consent of state government.

    Arguments made by Centre

    • The Centre said that the CBI was an autonomous body not controlled by the Union Government.
    • Hence the suit was misplaced and should be dismissed.

    Back2Basics:

    Central Bureau of Investigation: Composition, Functions

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  • Farmers have Right to Protest, but can’t block roads: SC

    The Supreme Court has said farmers protesting at Delhi borders against the three farms laws have the right to agitate but they cannot block roads indefinitely.

    For students with Sociology optional, can someone list the differences between- Dissent, Protest, Agitation and Movement?

    What is Protest?

    • When a group, community, or even a person goes up to protest, it is usually to showcase their disapproval or demur against any action, policy, statement, etc of state or government or any organization.
    • Mostly the flow of protest is driven through political waves that also demonstrate the collective organization of people to make the government or state address their issues and take steps to overcome them.

    Issues with ongoing protest in Delhi

    • The question as to the absolute nature of the right to protest is not even a question in the true sense here.
    • We have seen the vandalism protest at Red Fort last year.
    • Hence the rights mentioned above are subject to reasonable restrictions under 19 (2) and 19 (3) on grounds such as sovereignty and integrity of India, and public order.

    Right to Protest in India

    • The right to protest is the manifestation of three FRs:
    1. Right to Freedom of Assembly
    2. Right to Freedom of Association and
    3. Right to Freedom of Speech
    • The Constitution of India provides the right of freedom, given in Article 19 with the view of guaranteeing individual rights that were considered vital by the framers of the constitution.
    • The Right to protest peacefully is enshrined in Article 19(1) (a) guarantees the freedom of speech and expression; Article 19(1) (b) assures citizens the right to assemble peaceably and without arms.

    In detail: Article 19(1)

    It states that All citizens shall have the right:

    • (a) to freedom of speech and expression;
    • (b) to assemble peaceably and without arms;
    • (c) to form associations or unions;
    • (d) to move freely throughout the territory of India;
    • (e) to reside and settle in any part of the territory of India; and
    • (f) omitted
    • (g) to practice any profession, or to carry on any occupation, trade or business

    Do you know?

    Right to Internet is a fundamental right and is an essential part of freedom of speech and expression. One might get confused if it is an FR under Article 21.

    Reasonable restrictions do exist in practice

    • Fundamental rights do not live in isolation. The right of the protester has to be balanced with the right of the commuter. They have to co-exist in mutual respect.
    • Article 19(2) imposes reasonable restrictions on this.
    • The court held it was entirely the responsibility of the administration to prevent encroachments in public spaces.

    Conclusion

    • Democracy and dissent go hand in hand, but then the demonstrations expressing dissent have to be in designated places alone.
    • The present case was not even one of the protests taking place in an undesignated area but was a blockage of a public way which caused grave inconvenience to commuters.

     

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  • Explained: Election of Deputy Speaker

    There is an ongoing row in Uttar Pradesh Assembly over the election of Dy Speaker, the post which was lying vacant for two years.

    Read each and every bit of this newscard. It can source you many MCQs.

    Constitutional mandate for Deputy Speaker

    • Article 93 talks about the election of Speaker and Deputy Speaker for Lok Sabha and the case for their vacancies.
    • Article 178 contains the corresponding position for Speaker and Deputy Speaker of the Legislative Assembly of a state.

    Is it mandatory under the Constitution to have a Deputy Speaker?

    • Constitutional experts point out that both Articles 93 and 178 use the words “shall” and “as soon as may be”.
    • This indicates that not only is the election of Speaker and Deputy Speaker mandatory, it must be held at the earliest.
    • All that the Constitution says is the election must be held as soon as possible.

    Time-frame and rules for their Election

    • Generally speaking, the practice in both Lok Sabha and the state Legislative Assemblies has been to elect the Speaker during the first session of the new House.
    • This usually falls on the third day after oath-taking and affirmations take place over the first two days.
    • The election of the Deputy Speaker usually takes place in the second session, even though there is no bar on having this election too in the first session.
    • However, the election of Deputy Speaker is generally not delayed beyond the second session without genuine and unavoidable constraints.

    Rules for the elections

    • In Lok Sabha, the election of Deputy Speaker is governed by the Rules of Procedure and Conduct of Business in Lok Sabha.
    • According to the Rule, the election “shall be held on such date as the Speaker may fix”, and the Deputy Speaker is elected once a motion proposing his name is carried.
    • There are similar provisions in the State Legislative Assembly Rules.

    Their tenure

    • Once elected, the Deputy Speaker usually continues in office until the dissolution of the House.
    • Under Article 94 (Article 179 for state legislatures), the Speaker or Dy Speaker “shall vacate his office if (S)he ceases to be a member of the House”.
    • They may also resign (to each other), or “may be removed by a resolution of the House of the People passed by a majority of all the then members of the House”.

    Do the powers of the Speaker extend to the Deputy Speaker as well?

    • Article 95(1) says: While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker.
    • After the first Speaker, G V Mavalankar died, M Ananth Ayyangar officiated as Acting Speaker for the remaining tenure of the House and was then elected Speaker of the second Lok Sabha.
    • There is another such incident.
    • In general, the Deputy Speaker has the same powers as the Speaker when presiding over a sitting of the House.
    • All references to the Speaker in the Rules are deemed to be references to the Deputy Speaker when he presides.
    • It has been repeatedly held that no appeal lies to the Speaker against a ruling given by the Deputy Speaker or any person presiding over a sitting of the House in the absence of the Speaker.

    Note: UPSC has now gone person-specific in these matters. Kindly refer this PYQ:

    Consider the following statements:

    1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
    2. In 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
    3. As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.

    Which of the statements given above is/are correct? (CSP 2021)

    (a) 1 only

    (b) 2 only

    (c) 1 and 3

    (d) 2 and 3

     

    [wpdiscuz-feedback id=”9d1defsm9a” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

    Does being Deputy Speaker protect an MP or MLA from the law of disqualification?

    Ans. No- with one specific exemption.

    • The Tenth Schedule says that a person who has been elected Speaker/ Deputy Speaker shall NOT be disqualified if he voluntarily gives up the membership of the political party to which he belonged.
    • This exemption applies to the Rajya Sabha Deputy Chairman, Chairman/ Deputy Chairman of a state Legislative Council, and Speaker/ Deputy Speaker of a state Legislative Assembly as well.

    Can courts intervene in cases of a delay in electing the Deputy Speaker?

    • In general, the courts do not intervene in the procedural conduct of Parliament.
    • Article 122(1) says: The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure.
    • A petition before the Delhi High Court has argued that the delay in the election of the Lok Sabha Deputy Speaker violates Article 93 of the Constitution.
    • There is no precedent of a court forcing the legislature to elect the Deputy Speaker.
    • However, the courts do have jurisdiction to at least enquire why there has been no election to the post of Deputy Speaker since the Constitution does envisage an election “as soon as maybe”.

     

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  • Government asks Supreme Court to set norms for quota in promotions

    The Union government has urged the Supreme Court to do away with the requirement of collecting quantifiable data by the Centre and states to determine the representation of people belonging to Scheduled Castes (SCs) and Scheduled Tribes (STs) while implementing reservation in promotion.

    Supreme Court directive on Quota in Promotions

    Background

    • The top court has called it “disturbing” that the Union government did not discontinue reservation in promotion for people belonging to SC/STs.
    • It referred to their numbers exceeded the upper ceiling of 15% and 7.5% respectively, of positions in some classes of central government jobs.

    Quota in Promotions: A timeline

    What was the case?

    • The Union government has been pressing for reservation in promotion proportionate to the population of SCs and STs as per a 1995 judgment by the top court in the RK Sabharwal case.
    • It wants it to be left open to the Centre and states to decide on promotional avenues for SCs and STs.
    • It claims that the condition regarding collection of quantifiable data to show inadequacy of representation of SCs/STs is “vague”.
    • Advocates representing general category have contended that the reservation cannot be for an indefinite period and that it must stop as soon as the upper ceiling has been reached.
    • Further, they have emphasised that reservation in promotion should be cadre-based only after quantifiable data is collected and the creamy layer has been excluded.

    Defying the need for quantifiable data

    • Attorney General sought to convince the court that the roster system, based on the proportionate population of SCs/STs, has been working quite well in all government departments.
    • The condition of collecting quantifiable data on inadequacy of representation of SCs/STs may not be required at all.
    • He urged that there is no need to verify any further or collect quantifiable data after the roster system.

    Referring to the Nagraj Case

    • Article 16(4A) of Indian Constitution allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.
    • In 2006, a Constitution bench’s ruling in the M Nagaraj case made it incumbent upon the state to collect quantifiable data showing inadequacy of representation in public employment.
    • This was to be done in addition to maintaining overall administrative efficiency.

    Why such demand by the Centre?

    • The Attorney General has said that it is tough for a member of the SC/ST to reach the ‘Group A’ category jobs.
    • The time has come for the apex court to firm up and draw the basis for reservation in promotions for SC/ST candidates to fill up vacancies in top jobs.
    • The Bench referred to records filed before it to note that there was low representation of SC/ST category in Group A jobs.
    • Instead of improving the situation in the Group A ranks, the court said, efforts are on to ensure adequate representation in Groups B and C. This was not fair, it remarked.

    Must read:

    [Burning Issue] SC judgement on Reservation not being a Fundamental Right

     

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  • Election Symbols after Party Split

    The Election Commission of India (ECI) has frozen an election symbol of a political party in Bihar to which a cabinet minister belonged.

    What are the Election Commission’s powers in a dispute over the election symbol when a party splits?

    • The question of a split in a political party outside the legislature is dealt by Para 15 of the Symbols Order, 1968.
    • It states that the ECI may take into account all the available facts and circumstances and undertake a test of majority.
    • The decision of the ECI shall be binding on all such rival sections or groups emerged after the split.
    • This applies to disputes in recognised national and state parties.
    • For splits in registered but unrecognised parties, the EC usually advises the warring factions to resolve their differences internally or to approach the court.

    How did the EC deal with such matters before the Symbols Order came into effect?

    • Before 1968, the EC issued notifications and executive orders under the Conduct of Election Rules, 1961.
    • The most high-profile split of a party before 1968 was that of the CPI in 1964.
    • A breakaway group approached the ECI in December 1964 urging it to recognise them as CPI(Marxist). They provided a list of MPs and MLAs of Andhra Pradesh, Kerala and West Bengal who supported them.
    • The ECI recognised the faction as CPI(M) after it found that the votes secured by the MPs and MLAs supporting the breakaway group added up to more than 4% in the 3 states.

    What was the first case decided under Para 15 of the 1968 Order?

    • It was the first split in the Indian National Congress in 1969.
    • Indira Gandhi’s tensions with a rival group within the party came to a head with the death of President Dr Zakir Hussain on May 3, 1969.

    Is there a way other than the test of majority to resolve a dispute over election symbols?

    • In almost all disputes decided by the EC so far, a clear majority of party delegates/office bearers, MPs and MLAs have supported one of the factions.
    • Whenever the EC could not test the strength of rival groups based on support within the party organisation (because of disputes regarding the list of office bearers), it fell back on testing the majority only among elected MPs and MLAs.

    What happens to the group that doesn’t get the parent party’s symbol?

    • The EC in 1997 did not recognise the new parties as either state or national parties.
    • It felt that merely having MPs and MLAs is not enough, as the elected representatives had fought and won polls on tickets of their parent (undivided) parties.
    • The EC introduced a new rule under which the splinter group of the party — other than the group that got the party symbol — had to register itself as a separate party.
    • It could lay claim to national or state party status only on the basis of its performance in state or central elections after registration.

     

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  • political parties in India

    Context

    Making them constitutional will ensure in-party democracy, make them transparent, and de-communalise them.

    Significance of political parties in democracy

    • A political party is an organised group of citizens who hold common views on governance and act as a political unit that seeks to obtain control of government with a view to further the agenda and policy they profess.
    •  Political parties maintain a continuous connection between the people and those who represent them either in government or in the opposition.
    • Political parties in India are extra-constitutional, but they are the breathing air of the political system.

    U.S. and U.K. model

    • No constitutional status: The American Constitution does not presume the existence of political parties.
    • In Britain too, political parties are still unknown to the law.
    • Political parties in developed nations maintain high levels of internal democracy.
    • In the U.K., the Conservative Party has the National Conservative Convention as its top body.
    • It has a Central Council and an Executive Committee.
    • The Central Council elects its President, a Chairman and Vice Chairmen at its annual meeting.
    • It also elects an Executive Committee which meets once a month.
    • In the U.S., both the Democratic and the Republican Party have the National Committee as their top decision-making body.
    • The National Committee plays an important role in the presidential election and agenda-setting.

    Issues with Indian model

    • No constitutional status: The Indian Constitution is the one of the longest Constitutions in the world.
    • It is astonishing that such a meticulous Constitution overlooked political parties, the vital players in the political system, for constitutional regulation.
    • Section 29A(5) of the Representation of the People Act, 1951 is the only major statutory provision dealing with political parties in India.
    • Most of the parties are openly caste- or religious-based.
    • Their finances are dubious and opaque.
    • Almost all the parties — the Rashtriya Janata Dal, the Samajwadi Party, the All India Majlis-e-Ittehadul Muslimeen, the Indian Union Muslim League, etc. — are family fiefdoms.
    • There are no periodical in-party elections in Indian parties except in a few like the CPI(M).

    Should India follow the German model?

    • The Basic Law of the Federal Republic of Germany (1949) gives constitutional status to political parties.
    • Article 21 of the Basic Law deals with their status, rights, duties and functions.
    • It provides: Political parties shall participate in the formation of the political will of the people.
    • Under it, parties must publicly account for their assets and for the sources and use of their funds.
    • It also provides that parties that seek to undermine or abolish the free democratic basic order or to endanger the existence of the Federal Republic of Germany shall be unconstitutional.
    • Constitution also provides that details shall be regulated by federal laws.
    • The German model of constitutionalising political parties is more desirable for India than the U.S. and the U.K. models.

    Consider the question “Do you agree with the view that making political parties constitutional will help deal with the many ills political parties in India suffer from? Suggest the alternative model.”

    Conclusion

    It is high time to constitutionalise political parties to ensure in-party democracy, to impart transparency in their finances, and to de-communalise them.

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  • Contentious Clauses in Data Protection Bill

    The Joint Parliamentary Committee on Data Protection has found a middle ground on certain contentious clauses. Many panellists had objected to the clause, saying that it made the entire Act infructuous.

    What is the issue?

    • The Data Protection Law has some clauses in the name of “sovereignty”, “friendly relations with foreign states” and “security of the state”.
    • These clauses allow any agency under the Union government exemption from all or any provisions of the law.
    • The legislation gives powers to the Central government to suspend all or any of the provisions of the Act for government agencies.

    Personal Data Protection Bill, 2019

    • The PDP Bill was introduced in Lok Sabha by the Minister of Electronics and Information Technology in 2019.
    • The Bill seeks to provide for protection of personal data of individuals, and establishes a Data Protection Authority for the same.

    Here are the key features:

    Applicability

    • The Bill governs the processing of personal data by: (i) government, (ii) companies incorporated in India and (iii) foreign companies dealing with personal data of individuals in India.
    • Personal data is data which pertains to characteristics, traits or attributes of identity, which can be used to identify an individual.
    • The Bill categorises certain personal data as sensitive personal data.
    • This includes financial data, biometric data, caste, religious or political beliefs, or any other category of data specified by the government, in consultation with the Authority and the concerned sectoral regulator.

    Data fiduciary and his obligations

    • A data fiduciary is an entity or individual who decides the means and purpose of processing personal data. Such processing will be subject to certain purpose, collection and storage limitations.
    • For instance, personal data can be processed only for specific, clear and lawful purpose.
    • Additionally, all data fiduciaries must undertake certain transparency and accountability measures such as: (i) implementing security safeguards (such as data encryption and preventing misuse of data), and (ii) instituting grievance redressal mechanisms to address complaints of individuals.
    • They must also institute mechanisms for age verification and parental consent when processing sensitive personal data of children.

    Rights of the individual

    The Bill sets out certain rights of the individual (or data principal).  These include the right to:

    1. Obtain confirmation from the fiduciary on whether their personal data has been processed
    2. Seek correction of inaccurate, incomplete, or out-of-date personal data
    3. Have personal data transferred to any other data fiduciary in certain circumstances and
    4. Restrict continuing disclosure of their personal data by a fiduciary, if it is no longer necessary or consent is withdrawn

    Grounds for processing personal data

    • The Bill allows the processing of data by fiduciaries only if consent is provided by the individual. However, in certain circumstances, personal data can be processed without consent.
    • These include: (i) if required by the State for providing benefits to the individual, (ii) legal proceedings, (iii) to respond to a medical emergency.

    Social media intermediaries

    • The Bill defines these to include intermediaries which enable online interaction between users and allow for sharing of information.
    • All such intermediaries which have users above a notified threshold, and whose actions can impact electoral democracy or public order, have certain obligations, which include providing a voluntary user verification mechanism for users in India.

    Data Protection Authority

    • The Bill sets up a Data Protection Authority which may: (i) take steps to protect interests of individuals, (ii) prevent misuse of personal data, and (iii) ensure compliance with the Bill.
    • It will consist of a chairperson and six members, with at least 10 years’ expertise in the field of data protection and information technology.
    • Orders of the Authority can be appealed to an Appellate Tribunal. Appeals from the Tribunal will go to the Supreme Court.

    Transfer of data outside India

    • Sensitive personal data may be transferred outside India for processing if explicitly consented to by the individual, and subject to certain additional conditions.
    • However, such sensitive personal data should continue to be stored in India.
    • Certain personal data notified as critical personal data by the government can only be processed in India.

    Exemptions:

    The central government can exempt any of its agencies from the provisions of the Act:

    1. In interest of security of state, public order, sovereignty and integrity of India and friendly relations with foreign states
    2. For preventing incitement to commission of any cognisable offence (i.e. arrest without warrant) relating to the above matters
    • Processing of personal data is also exempted from provisions of the Bill for certain other purposes such as: (i) prevention, investigation, or prosecution of any offence, or (ii) personal, domestic, or (iii) journalistic purposes.
    • However, such processing must be for a specific, clear and lawful purpose, with certain security safeguards.

    Sharing of non-personal data with government:

    The central government may direct data fiduciaries to provide it with any:

    1. Non-personal data and
    2. Anonymised personal data for better targeting of services.

    Amendments to other laws

    • The Bill amends the Information Technology Act, 2000 to delete the provisions related to compensation payable by companies for failure to protect personal data.

     

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  • Anti-defection Law

    An independent MLA from Gujarat is said to have has joined a national political party “in spirit” as he could not formally do so, having been elected as an independent.

    What is Anti-defection Law?

    • The Anti-Defection Law under the Tenth Schedule of the Constitution punishes MPs/ MLAs for defecting from their party by taking away their membership of the legislature.
    • It gives the Speaker of the legislature the power to decide the outcome of defection proceedings.
    • It was added to the Constitution through the Fifty-Second (Amendment) Act, 1985 when Rajiv Gandhi was PM.
    • The law applies to both Parliament and state assemblies.

    Why in news?

    • The anti-defection law specifies the circumstances under which changing of political parties by legislators invites action under the law.
    • It includes situations in which an independent MLA, too, joins a party after the election.

    Why are independents important?

    • Independents give voters better opportunities to express their preferences.
    • This can improve political representation, as independents are free from the dictates of a party line, and have the flexibility to represent local preferences in a way that party-affiliated candidates often do not.

    Cases consider under the anti-defection law

    The law covers three scenarios with respect to shifting of political parties by an MP or an MLA.

    (1) Voluntary give-up

    • The first is when a member elected on the ticket of a political party “voluntarily gives up” membership of such a party or votes in the House against the wishes of the party.
    • Such persons lose his seat.

    (2) Independent members

    • When a legislator who has won his or her seat as an independent candidate joins a political party after the election.
    • In both these instances, the legislator loses the seat in the legislature on changing (or joining) a party.

    (3) Nominated MPs

    • In their case, the law gives them six months to join a political party, after being nominated.
    • If they join a party after such time, they stand to lose their seat in the House.

    Covering independent members

    • In 1969, a committee chaired by Home Minister Y B Chavan examined the issue of defection.
    • It observed that after the 1967 general elections, defections changed the political scene in India: 176 of 376 independent legislators later joined a political party.
    • However, the committee did not recommend any action against independent legislators.
    • A member disagreed with the committee on the issue of independents and wanted them disqualified if they joined a political party.
    • In the absence of a recommendation on this issue by the Chavan committee, the initial attempts at creating the anti-defection law (1969, 1973) did not cover independent legislators joining political parties.
    • The next legislative attempt, in 1978, allowed independent and nominated legislators to join a political party once.
    • But when the Constitution was amended in 1985, independent legislators were prevented from joining a political party and nominated legislators were given six months’ time.

    Powers to disqualification

    • Under the anti-defection law, the power to decide the disqualification of an MP or MLA rests with the presiding officer of the legislature.
    • The law does not specify a time frame in which such a decision has to be made.
    • As a result, Speakers of legislatures have sometimes acted very quickly or have delayed the decision for years — and have been accused of political bias in both situations.

    Try this easy PYQ:

    Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?

    (a) Second Schedule

    (b) Fifth Schedule

    (c) Eighth Schedule

    (d) Tenth Schedule

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