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Type: States

  • Festivals, Dances, Theatre, Literature, Art in News

    The story behind Himachal Pradesh’s traditional Raulane Festival

    Why In The News?

    Bright, colourful, and captivating photos of the Raulane festival from Himachal Pradesh have recently gone viral on social media, sparking widespread discussion about the festival’s unique rituals and the rich cultural heritage of this centuries-old tradition.

    About Raulane Festival:

    • Location & Timing: The Raulane festival is celebrated in Kalpa, located in the Kinnaur district of Himachal Pradesh, during winter or early spring.
    • Ancient Origins: The festival is believed to be around 5,000 years old, making it one of the region’s oldest surviving traditions.
    • Celestial Beings (Saunis): This ancient festival honours celestial fairies called Saunis, described as radiant and gentle beings.
    • Belief & Protection: Locals believe that the Saunis protect villagers during harsh winters by offering warmth, guidance, and spiritual support.
    • Symbolic Marriage Ritual: During the festival, two men symbolically “marry” and act as vessels for the Saunis, representing the divine couple – the Raula (groom) and the Raulane (bride).
    • Traditional Attire: The chosen men are dressed in heavy woollen robes, adorned with ornaments and distinctive face masks.
    • Ritual Dance: They perform a slow, meditative dance at the Nagin Narayan Temple, where the entire community participates and celebrates.
    • Cultural Significance: The Raulane festival helps preserve ancient Himalayan culture and traditions, bringing villagers together to honour their divine protectors.
    [UPSC 2018] Consider the following pairs:

    Tradition State
    1. Chapchar Kut festival — Mizoram
    2. Khongjom Parba ballad — Manipur
    3. Thong-To dance — Sikkim

    Which of the pairs given above is/are correct?

    Options:

    (a) 1 only (b) 1 and 2* (c) 3 only (d) 2 and 3

     

  • Manipur Crisis

    Extension of President’s Rule in Manipur

    Why in the News?

    Home Minister is set to move a statutory resolution in the Rajya Sabha to extend President’s Rule in Manipur by another 6 months.

    What is President’s Rule?

    • Overview: It refers to the suspension of a state’s constitutional machinery, placing the state under direct control of the Union Government.
    • It is also known as State Emergency or Constitutional Emergency.
    • Constitutional Basis:
      • Article 355: Obligates the Union to ensure that governance in every state is in accordance with the Constitution.
      • Article 356(1): Allows the President to assume control of a state’s executive if the Governor reports a constitutional breakdown or the President independently concludes so.
      • Article 365: Deems a state’s failure to comply with Union directions as a failure of constitutional machinery.

    Duration and Extension of President’s Rule:

    • Initial duration: Valid for 6 months from the date of proclamation.
    • Extensions: Can be extended every six months, subject to parliamentary approval, for a maximum of 3 years.
    • Parliamentary Approval (Article 356(3)):
      • Must be approved by both Houses of Parliament within 2 months.
      • Requires a simple majority (members present and voting).
    • Beyond 1 Year: Allowed only if:
      • A National Emergency (Article 352) is in operation in the whole or part of the state.
      • The Election Commission of India certifies that elections to the Legislative Assembly cannot be held.
    • Beyond 3 Years: Requires a constitutional amendment (e.g., 67th and 68th Amendments extended President’s Rule in Punjab).

    Implications of President’s Rule on a State:

    • Executive Powers (Article 356(1)(a)):
      • The President assumes functions of the state government via the Governor.
      • Administration is carried out by the Governor, with support from the Chief Secretary and advisors.
    • Legislative Powers (Article 356(1)(b)):
      • The Legislative Assembly is either suspended or dissolved.
      • Legislative powers are exercised by Parliament or delegated to the President.
    • Financial Powers (Article 356(1)(c)):
      • The President may authorize expenditure from the Consolidated Fund of the State pending Parliament’s approval (under Article 206 and Article 357).

    Revocation:

    • President’s Rule can be revoked at any time by the President under Article 356(2).
    • No parliamentary approval is required for revocation.

    Supreme Court Judgments related to it:

    • S.R. Bommai v. Union of India (1994):
      • President’s Rule is subject to judicial review.
      • A floor test is the proper method to prove majority.
      • The Governor’s report alone is not sufficient for justification.
    • Sarbananda Sonowal v. Union of India (2005): Widened the scope of Article 355 for preventive action by the Union.
    • Rameshwar Prasad v. Union of India (2006):
      • Dissolution of Bihar Assembly was declared unconstitutional.
      • Use of Article 356 to prevent political defections was struck down.

    Key Reforms/Recommendations:

    • Sarkaria Commission (1987): President’s Rule should be used only as a last resort after exploring all other options.
    • Punchhi Commission (2010): Proposed localized emergency provisions for specific districts or regions instead of the entire state.
    • National Commission to Review the Working of the Constitution (2000):
      • Article 356 should remain but be used sparingly.
      • Suggested amendments to allow its use without National Emergency if elections cannot be held.
    [UPSC 2018] If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then

    Options: (a) the Assembly of the State is automatically dissolved.

    (b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.

    (c) Article 19 is suspended in that State.

    (d) the President can make laws relating to that State.

     

  • Citizenship and Related Issues

    Kerala Cabinet asks Advocate General to explore legal options to challenge CAA notification in Supreme Court

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Key provisions of CAA, 2019

    Mains level: States opposition to CAA implementation

    Why in the news? 

    • The Kerala Cabinet aims to challenge the implementation of the Citizenship (Amendment) Act, 2019, expressing opposition to its perceived anti-Muslim bias. Legal options are explored to contest the Act’s rules.

    Context:

    The government notified rules for implementing the Citizenship Amendment Act, 2019, simplifying the process for granting Indian citizenship to persecuted minorities from Pakistan, Bangladesh, and Afghanistan who arrived before December 31, 2014.

    About Citizenship Amendment Act, 2019

     

    The citizenship laws in India derived their origins from the constitution under Articles 5-11 and the Citizenship Act of 1955. This Act provided provisions for citizenship by Birth, Descent, Registration and Naturalization.

    • Eligibility Criteria: Amends the Citizenship Act of 1955 to grant Indian citizenship to illegal migrants belonging to specific religious communities – Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians – from Afghanistan, Bangladesh, and Pakistan.
    • Definition of Illegal Migrants: Illegal migrants are those who enter India without valid travel documents or exceed the permitted duration of stay, subject to prosecution, deportation, or imprisonment.
    • Cutoff Date: Provides eligibility for Indian citizenship to illegal migrants from the mentioned communities who entered India on or before December 31, 2014, excluding them from being treated as illegal immigrants.
    • Exclusion of Muslims: Notably excludes the Muslim community from the list of eligible religious groups, sparking controversy and criticism over religious discrimination in the citizenship criteria.

     

    What are the recent challenges faced by the Kerala Government?

    • Anti-Muslim Bias: The Kerala government opposes the Citizenship Amendment Act (CAA), labeling it as “patently anti-Muslim and deeply schismatic.”
    • Resolution for Repeal: The Kerala Assembly adopted a resolution in 2019 demanding the repeal of CAA due to its criterion of religion for Indian citizenship.
    • Legal Challenge: Kerala filed an original suit before the Supreme Court under Article 131, contesting the Center’s framing of CAA rules. Congress leader Ramesh Chennithala, DYFI, and IUML challenge CAA in the Supreme Court.
    • Urgency Post CAA Rules: Kerala Cabinet emphasizes new legal urgency after the Center’s notification of CAA rules.
      • Ongoing anti-CAA protests were witnessed in Kerala, including train blockades and marches. Congress leaders condemn CAA for undermining secular principles.
      • Opposition criticizes Kerala CM’s stance against implementing CAA and calls it political posturing.

    National Scenario: 

    • States:
        • In Assam: Members of the All Assam Students Union (AASU) took part in a protest march after the central government notified the rules for implementation of the Citizenship (Amendment) Act, in Guwahati.
        • In Kolkata: Leaders of the Communist Party of India (Marxist-Leninist) protested against the implementation of the Citizenship (Amendment) Act.
    • Youth Protests:
      • In Delhi: Students of Jamia Millia Islamia University also staged a protest after the central government notified the rules for implementation of the Citizenship (Amendment) Act.
      • In Tamil Nadu: Further, members of the Students’ Federation of India (SFI) staged a protest, a day after the Modi-led government notified the rules for implementation of the Citizenship (Amendment) Act, at Madras University.

    Way Forward to address the concerns and avoid protests:

    • Dialogue and Consultation: Engage in open dialogue with stakeholders, including state governments, opposition parties, and civil society, to address concerns and seek consensus on amendments or alternatives to the Citizenship Amendment Act.
    • Legal Review: Conduct a comprehensive legal review of the Citizenship Amendment Act and its rules to ensure adherence to constitutional principles, including equality before the law and secularism.
    • Inclusive Citizenship Criteria: Consider revising the Citizenship Amendment Act to remove religious criteria and ensure that citizenship is granted based on objective and non-discriminatory grounds, such as residency or persecution.
    • Uphold Secular Values: Reaffirm the government’s commitment to secularism and religious pluralism, emphasizing the importance of protecting the rights of all communities and promoting social harmony.

    Conclusion:

    • Address Kerala’s concerns over anti-Muslim bias in CAA, legal challenges, and ongoing protests. Emphasize dialogue, legal review, inclusivity, and upholding secular values to foster social harmony and resolve grievances.

    Prelims PYQs

    Q. With reference to India, consider the following statements :​

    1. There is only one citizenship and one domicile.​
    2. A citizen by birth only can become the Head of State.​
    3. A foreigner once granted citizenship cannot be deprived of it under any circumstances.​

    Which of the statements given above is/are correct?​

    1. 1 only ​
    2. 2 only​
    3. 1 and 3 ​
    4. 2 and 3
  • Renaming of Madras State as Tamil Nadu

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Renaming of TN

    Mains level: Post-independence consolidation

    Tamil Nadu Governor’s remarks suggesting changing the name of the state to ‘Tamizhagam’ has triggered a controversy.

    What is the news?

    • Several political parties, including the TN CM, condemned the speech and recalled the struggle to rename the Madras State to Tamil Nadu.
    • It was on January 14, 1969, that the Madras State was officially renamed Tamil Nadu, under the then Chief Minister CN Annadurai.

    A short history of Tamil Nadu

    • Social activist E V Ramasamy, fondly known as ‘Periyar’ (1879-1973), had started the Self-Respect Movement in 1925 to “redeem the identity and self-respect” of Tamils.
    • He envisaged an independent Dravida homeland of Dravida Nadu (In Tamil, Nadu means country), comprising Tamil, and Malayalam, Telugu and Kannada speakers.
    • He launched a political party called the Dravidar Kazhagam (DK).
    • Periyar also opposed the imposition of Hindi and emphasized the need for a cultural identity of the Tamil nation.

    How Madras State became Tamil Nadu?

    • Formerly called Madras Province, it had been renamed Madras State on January 26, 1950.
    • The name Madras State did not become Tamil Nadu overnight.
    • Congress party worker ‘Thiyagi’ Sankaralingam was behind the first demand to change the name, in the 1950s, and made repeated representations.
    • In 1953, several Tamil scholars including Ma. Po. Sivagnanam raised the demand in the Madras Legislative Council.
    • In 1956, Congress leader K P Sankaralinganar began an indefinite fast. One of his demands was the renaming of the state to Tamil Nadu.
    • It is noted that Sankaralinganar fasted for 76 days, which resulted in his death on October 13, 1956. Sankaralinganar’s death further spurred on the fight for renaming the state.

    Reception in Parliament

    • Around the same time, Member of Parliament and Communist leader from West Bengal, Bhupesh Gupta, moved a Bill in Parliament for renaming Madras State as Tamil Nadu.
    • At that time, CN Annadurai, who was a Rajya Sabha member, supported the move.
    • Speaking in favour of the Bill, Annadurai argued that a capital city (Madras) cannot become the name of a state and he also cited that the name Tamil Nadu had been used in ancient literature.

    When it finally happened?

    • Cut to six years later, on July 18, 1967, CM Annadurai prepared a resolution in the State Assembly.
    • During the debate, Opposition Leader P G Karuthiraman said, “Madras is a name in world history; Tamil Nadu will take time to reach the same heights”.
    • So, he suggested that the name ought to be ‘Tamil Nadu-Madras State’.
    • But, after consensus, Tamil Nadu was accepted as the name and a resolution passed unanimously.

     

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  • Tax Reforms

    All Sikkimese women must be allowed to get IT relief: SC

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Merger of Sikkim

    Mains level: Read the attached story

    The Supreme Court in a judgment, held that exclusion of Sikkimese women who marry non-Sikkimese men after April 1, 2008 from exemptions under the Income Tax Act is unconstitutional and amounts to gender discrimination.

    What is the news?

    • The top court’s verdict came on appeal filed by the Association of Old Settlers of Sikkim and others seeking striking down of Section 10(26AAA) of the Income Tax Act, 1961.
    • More particularly, the definition of “Sikkimese” in Section 10 (26AAA) to the extent it excludes Indians who have settled in Sikkim prior to the merger of Sikkim with India on April 26, 1975.

    The story of Sikkim

    • Sikkim witnessed 333 years monarchical rule of Namgyal dynasty under whose reign there many invasions, foreign interference, accession and annexation.
    • On 28th March, 1861 Sikkim became a formal protectorate of the British Government and on 16th May, 1975 it became the 22nd state of the Indian Union.
    • In erstwhile Himalayan Kingdom of Sikkim, no legal rights were conferred to Sikkimese women.
    • However, after Sikkim’s merger with India such Regulations relating to Sikkim citizenship have become futile and non-operational.

    How women rights in Sikkim are different from that of mainstream India?

    The status of rights conferred to Sikkimese women is different from that of women in India. Certain conditionality were imposed upon their property or inheritance right such as the following:

    1. Immovable property inherited, gifted or purchased by women married to non-locals cannot be transferred and registered in their names.
    2. Immovable property of a Sikkimese woman cannot be transferred or registered to her legal heirs if her husband is non-Sikkimese.
    3. Mandatory requirement for Sikkimese women to submit an “unmarried certificate in all government procedures”.
    4. Identity of women is to be based on the identity of not one, but two men. A Sikkimese woman will be considered Sikkimese only if both, her father and husband are also Sikkimese

    Issues with such regulations

    • Unconstitutional: The discrimination is based on gender, which is wholly violative of Articles 14, 15 and 21 of the Constitution.
    • Gendered bias: It is to be noted that there is no disqualification for a Sikkim man, who marries a non-Sikkimese after April 1, 2008.
    • Associating identity to marriage: A woman is not a chattel and has an identity of her own, and the mere factum of being married ought not to take away that identity,” Justice Shah wrote.
    • No legal basis: Sikkim has become a part of India and all Sikkim Subjects and all Sikkimese domiciled in the territory of Sikkim have become Indian citizens.

    Note: Article 14 relates to equality before law, while Article 15 forbids discrimination on grounds of religion, race, caste, sex or place of birth, and Article 21 provides for right to life and personal liberty.

    Way ahead

    • Legal reforms: The centre shall make an amendment to Explanation to Section 10 (26AAA) of IT Act, 1961, so as to suitably include a clause to extend the exemption from payment of income tax to all Indian citizens domiciled in Sikkim on or before April 26, 1975.
    • Ensure parity: The reason for such a direction is to save the explanation from unconstitutionality and to ensure parity in the facts and circumstances of the case.

     

     

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  • Citizenship and Related Issues

    What are Foreigners’ Tribunals?

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NRC, NPR

    Mains level: Read the attached story

    The Guwahati High Court has asked the Centre and the Assam government to collectively decide whether or not the ministerial staff for 200 additional Foreigners’ Tribunals (FT) would be appointed.

    Do you know?

    The Guwahati High Court has largest jurisdiction in terms of states, with its area covering the states of Assam, Arunachal Pradesh, Nagaland, and Mizoram.

    What is Foreigners Tribunal?

    • The foreigners tribunals are quasi-judicial bodies, unique to Assam, to determine if a person staying illegally is a “foreigner” or not.
    • With Assam’s NRC as the backdrop, the Ministry of Home Affairs (MHA) has laid out specific guidelines to detect, detain and deport foreign nationals staying illegally across the country.
    • The MHA has amended the Foreigners (Tribunals) Order, 1964, and has empowered district magistrates in all States and UTs to set up tribunals to decide whether a person staying illegally in India is a foreigner or not.
    • Earlier, such powers to constitute tribunals vested with the Centre only.

    Why need such tribunals?

    • In other parts, once a ‘foreigner’ has been apprehended by the police for staying illegally, he or she is produced before the local court under the Passport Act, 1920, or the Foreigners Act, 1946.
    • The punishment ranges from imprisonment of three months to eight years.
    • Once the accused have completed the sentence, the court orders their deportation, and they are moved to detention centres till the country of origin accepts them.

    What was the last amendment?

    • The 1964 order on Constitution of Tribunals said: “The Central Government may by order, refer the question as to whether a person is not a foreigner within meaning of the Foreigners Act, 1946 to a Tribunal to be constituted for the purpose.
    • The amended order issued says – “for words Central Government may,’ the words ‘the Central Government or the State Government or the UT administration or the District Collector or the District Magistrate may’ shall be substituted.”

    Impact of the Amendment

    • The amended Foreigners (Tribunal) Order, 2019 also empowers individuals to approach the Tribunals.
    • Earlier only the State administration could move the Tribunal against a suspect, but with the final NRC about to be published and to give adequate opportunity to those not included, this has been done.
    • If a person doesn’t find his or her name in the final list, they could move the Tribunal.
    • The amended order also allows District Magistrates to refer individuals who haven’t filed claims against their exclusion from NRC to the Tribunals to decide if they are foreigners or not.
    • Opportunity will also be given to those who haven’t filed claims by referring their cases to the Tribunals.
    • Fresh summons will be issued to them to prove their citizenship.

     

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  • North-East India – Security and Developmental Issues

    How Sikkim became a part of India?

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: States reorganization

    Mains level: Read the attached story

    It was on May 16, 1975 that Sikkim became 22nd state of the Union of India.

    Why in news?

    • While in many modern narratives, the tale of the former kingdom under the Namgyal dynasty acquiring Indian statehood begins in decades close to the 1970s.
    • The real story, according to experts, can only be understood by tracing the events back to 1640s when Namgyal rule was first established.

    Sikkim’s accession into India: A complete timeline

    (1) Attacks during Namgyal Rule

    • Beginning with Phuntsog Namgyal, the first chogyal (monarch), the Namgyal dynasty ruled Sikkim until 1975.
    • At one point, the kingdom of Sikkim included the Chumbi valley (part of China now) and Darjeeling.
    • In the early 1700s, the region saw a series of conflicts between Sikkim, Nepal, Bhutan, and Tibet, which resulted in a shrinking of Sikkim’s territorial boundaries.

    (2) Under East India Company

    • When the British arrived, their expansion plans in the Indian subcontinent included controlling the Himalayan states.
    • The kingdom of Nepal, meanwhile, continued with its attempts to expand its territory.
    • This resulted in the Anglo-Nepalese war (November, 1814 to March, 1816), also known as the Gorkha war, which was fought between the Gorkhali army and the East India Company.
    • Both sides had ambitious expansion plans for the strategically important mountainous north of the Indian subcontinent.
    • In 1814, Sikkim allied with the East India Company in the latter’s campaign against Nepal.
    • The Company won and restored to Sikkim some of the territories that Nepal had wrested from it in 1780.

    (3) Administrative control of British

    • A turning point in the history of Sikkim involves with the appointment of John Claude White as Political Officer of Sikkim.
    • Sikkim by then was a British Protectorate under the Treaty of Tumlong signed in March, 1861.
    • As with most of the Indian subcontinent that the British had under their administrative control, the kingdom of Sikkim, although a protectorate, had little choice in the administration of its own kingdom.
    • The Namgyal monarch could not criticise decisions made by the British, but the ruler did complain about this influx of Nepali migrants into the kingdom.

    (4) Scenario after 1947

    • Three years after India’s Independence in 1947, Sikkim became a protectorate of India.
    • In 1950, a treaty was signed between the then Sikkim monarch Tashi Namgyal and India’s then Political Officer in Sikkim, Harishwar Dayal.
    • A clause in the treaty read: “Sikkim shall continue to be a Protectorate of India and, subject to the provisions of this Treaty, shall enjoy autonomy in regard to its internal affairs.”

    (5) Chinese invasion of Tibet

    • China’s invasion of Tibet in 1949 and Nepal’s attacks on Sikkim throughout the kingdom’s history were cited as reasons why the kingdom needed the support and protection of a powerful ally.
    • Further, the talk of persecution of Tibetans after China’s arrival at the scene generated fear of the possibility of Sikkim suffering a similar fate.

    (6) Dalai Lama’s Arrival

    • In March 1959, the 14th Dalai Lama escaped from Tibet.
    • After the Dalai Lama reached Indian borders, he and his entourage settled at the Tawang monastery in Arunachal Pradesh.
    • A month later, he travelled to Mussoorie, where he met then Prime Minister Jawaharlal Nehru to discuss the future of the Tibetan refugees who had travelled with him.
    • The repercussions of India’s decision to welcome and give refuge to the Dalai Lama sent a message to some in Sikkim that unlike China, aligning with India would guarantee their protection and security.
    • This was the perspective of the ruling elite in Sikkim.

    (7) Public discontent against monarchy

    • The period between the 1950s and the 1970s marked growing discontent in Sikkim.
    • Primarily, there was anger against the monarchy because of growing inequality and feudal control.
    • Anti-monarchy protests grew in 1973, following which the royal palace was surrounded by thousands of protesters.
    • Indian troops arrived after the monarch was left with no choice but to ask New Delhi to send assistance.
    • Finally, a tripartite agreement was signed in the same year between the chogyal, the Indian government, and three major political parties, so that major political reforms could be introduced.

    (8) Attempts for constitutional development

    • A year later, in 1974, elections were held, where the Sikkim State Congress led by Kazi Lhendup Dorji won, defeating pro-independence parties.
    • That year, a new constitution was adopted, which restricted the role of the monarch to a titular post, which Palden Thondup Namgyal bitterly resented.
    • In the same year, India upgraded Sikkim’s status from protectorate to “associated state”, allotting to it one seat each in the Lok Sabha and Rajya Sabha.
    • Opposed to the move, the monarch attempted to bring international attention to it soon after.

    (9) Finally accession into India

    • A referendum was held in 1975 where an overwhelming majority voted in favour of abolishing the monarchy and joining India.
    • A total 59,637 voted in favour of abolishing the monarchy and joining India, with only 1,496 voting against.
    • Sikkim’s new parliament, led by Kazi Lhendup Dorjee, proposed a bill for Sikkim to become an Indian state, which was accepted by the Indian government.

     

    Also try this PYQ:

    Q.The latitudes that pass through Sikkim also pass through:

    (a) Rajasthan

    (b) Punjab

    (c) Himachal Pradesh

    (d) Jammu & Kashmir

     

    Post your answers here.

     

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  • Primary and Secondary Education – RTE, Education Policy, SEQI, RMSA, Committee Reports, etc.

    Paray Shikshalaya Initiative

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Paray Shikshalaya

    Mains level: Open schools concept

    The West Bengal government has launched ‘Paray Shikshalaya’ Initiative.

    Paray Shikshalaya

    • It is an open-air classroom in the neighborhood programme – for students from class 1 to 7.
    • The aim of this initiative is to encourage students who dropped out of schools during the Covid-19 pandemic to continue their education.

    Why was this initiative launched?

    • In view of the rising demand for physical classes, the state government reopened schools.
    • Classroom teaching could not be called on due to fear of spikes in covid cases.
    • Hence, students are being called in batches.

    Where were these classes held?

    • Schools which do not have open-air spaces conducted the classes in neighbourhood parks and grounds.
    • Local councilors and MLAs helped set up infrastructure in such parks like putting up makeshift shades and chairs, besides making mid-day meal arrangements for the students.
    • Schools which have open-air spaces held the classes there.
    • Benches were set up for students and blackboards were placed to provide a real classroom experience.

     

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  • Special Category Status and States

    Andhra Pradesh government repealed laws on 3 capitals

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: States with multiple administrative capitals

    Mains level: Need for more capital cities

    The Andhra Pradesh Assembly unanimously passed a Bill to repeal two laws that were cleared last year to set up three different state capitals.

    Three Capitals Act

    • The law was titled Andhra Pradesh Decentralisation and Inclusive Development of All Regions Act, 2020.
    • The incumbent govt had decided to reverse the previous government’s decision to have an ambitious world-class capital city at Amaravati, which is located between Vijayawada and Guntur.
    • Thus, it was decided that Amaravati was to be the Legislative capital, Visakhapatnam the Executive capital, and Kurnool the Judicial capital.

    Why was it repealed?

    • Over a hundred petitions challenging the government’s move have been filed before the Andhra Pradesh High Court.
    • Farmers of Amaravati, who let the government acquire their lands, wanted them to stick to the previous plan and build a world-class capital city in the same location.

    Will Andhra Pradesh have only one capital now?

    • It is not clear if the government will stick to Amaravati as the sole capital.
    • Throughout his address, the CM stressed the need for decentralization for the equitable development of all regions.

    What are the other examples of multiple capital cities?

    • Among Indian states, Maharashtra has two capitals– Mumbai and Nagpur (which hold the winter session of the state assembly).
    • Himachal Pradesh has capitals at Shimla and Dharamshala (winter).
    • The former state of Jammu & Kashmir had Srinagar and Jammu (winter) as capitals.

    Must read

    Three capitals for Andhra Pradesh — its logic and the questions it raises

     

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  • Police Reforms – SC directives, NPC, other committees reports

    Karnataka Gambling Law: Ambit and the High Court Challenge

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not much

    Mains level: Gambling and betting: Legal issues

    Last month, the Karnataka legislature passed a legislation to amend the Karnataka Police Act, 1963, making all forms of gambling, including online, a cognisable and non-bailable offence.

    Gambling Law

    • The Karnataka Police (Amendment) Act, 2021 was notified and came into force.
    • It is aimed for broadening the scope of gambling beyond what has been defined by law.
    • It was passed despite similar laws introduced in Tamil Nadu, Kerala and Telangana having faced legal challenges.

    What forms of gambling does the new law cover?

    • The amended law covers all forms of wagering or betting “in connection with any game of chance” with the exception of horse racing and lotteries.
    • It also puts betting on the skills of others in the category of gambling.
    • It provides an exception only to any pure game of skill and not to “wagering by persons taking part in such game of skill”.

    Penalties prescribed

    • It enhances maximum punishment for owners of gambling centres from one year to three years of imprisonment and fines from Rs 1,000 to Rs 1 lakh.
    • The minimum punishment proposed is six months instead of the current one month and the fine is Rs 10,000 instead of Rs 500.

    Implications of the law

    • Since the new law came into effect, several online gaming firms have geo-locked their apps and sites in Karnataka to prevent attracting police action if customers access the sites.

    Legal issues raised by the amended laws

    One of the primary grounds on which the new gaming laws in these states has been challenged is:

    • Games of skill: This been clubbed along with games of chance in the definition of gaming, if the games of skill are played for prizes or bets.
    • Violation of FR: Gaming companies have argued — successfully that competitive games of skill are business activities protected under Article 19 (1) (g) of the Constitution.
    • Other examples: Rummy and horse racing have been classified by the courts as games of skill that do not come under the purview of gaming laws.
    • Competence of the state: It has been argued that states do not have “legislative competence” to prohibit games of skill and that only games of chance can be regulated for gambling and betting.

    Why has Karnataka amended the law?

    • Ban on online gambling: The statement of objects and reasons justify that the new law is needed to make gambling a cognisable and non-bailable offence (gambling in public streets remains cognisable and bailable).
    • More power to Police: Other reasons cited is that police cannot raid gambling dens without a formal written order from a magistrate, since gambling is a non-cognisable and bailable offence.
    • Public demands for ban: Recent public interest litigations seeking a ban on online gaming and betting, too, have been a trigger for the amendments.
    • Illicit use of cyber-space: The new law has also been introduced to include the use of cyberspace as defined in the IT Act 2000 to curb the menace of gaming through internet.

    Will these amendments stand the test of law?

    • As mentioned, a similar law in Tamil Nadu was struck down by the Madras High Court as being ultra vires after it was challenged by online gaming firms.
    • The court ruled that- Games and sporting activities in the physical form cannot be equated with games conducted in virtual mode or in cyberspace.
    • However, when it comes to card games or board games such as chess or Scrabble, there is no distinction between the skill involved in the physical form of the activity or in the virtual form.
    • The HC said both rummy and poker are games of skill.

     

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