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Source : www.thehindu.com Date : 2019-08-17

UN HAPPY WITH PEACE EFFORTS, SAYS INDIA


Relevant for: Indian Polity | Topic: Indian Constitution - Features & Significant Provisions related to The
Preamble, Union & its Territories and The Citizenship

Indian Ambassador to the UN Syed Akbaruddin on Friday said the UN Security Council had
appreciated India’s efforts to restore normalcy in Kashmir.

“The Chief Secretary of the Union Territory of Jammu & Kashmir announced a whole set of
measures that the government is undertaking to move towards normalcy. We are gratified that

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the Security Council in its closed consultations appreciated these efforts, acknowledged them
and indicated that this was the direction in which they would like the international community to
move,” he said.

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The ambassador also said India was committed to all agreements it had signed on the issue and
said India would sit down to talk with Pakistan when the latter’s support for terror ceased. “Stop
terror to start talks,” he said.

“India's commitment to address these issues on the bilateral track has very broad acceptance
globally,” Mr. Akbaruddin said, in response to a question on Russia’s view that the issue be
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resolved bilaterally between India and Pakistan, contrary to what Pakistan was seeking at the
UN on Friday.

On concerns about human rights abuses by India in Jammu and Kashmir, he said India had a
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commitment to democracy and its courts would resolve any issues.

“There will be issues discussed and if there are issues these will be addressed by our courts.
We don’t need international busybodies to try and tell us how to run our lives. We are a billion-
plus people,” he said.
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Source : www.thehindu.com Date : 2019-08-17

WHITE HOUSE APPROVES SALE OF F-16 FIGHTER


JETS TO TAIWAN
Relevant for: International Relations | Topic: Effect of policies and politics of developed & developing countries
on India's interests

The Trump administration is moving forward with an $8 billion sale of F-16 fighter jets to Taiwan,
American officials said on Friday. The move is certain to further anger China at a time when a
long-running trade war between Washington and Beijing has upended relations between the

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world’s two largest economies and contributed to stock market turmoil.

The State Department told Congress on Thursday night, right after Secretary of State Mike
Pompeo had signed a memo approving the sale, officials said. Congress is not expected to

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object to the move. For weeks, lawmakers from both parties had accused the administration of
delaying the sale to avoid jeopardising trade negotiations or to use it as a bargaining chip.

But trade negotiations held in Shanghai at the end of July led to nowhere.

Mr. Trump’s National Security Adviser, John Bolton, has been a longtime advocate of arms
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sales to Taiwan. Some analysts say China could retaliate by punishing U.S. companies with
sanctions, which it has done in the past.

The sale of 66 jets to Taiwan would be the largest single arms package transaction between the
U.S. and the democratic, self-governing island in years.NY Times
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Source : www.indianexpress.com Date : 2019-08-17

A JAN ANDOLAN FOR WATER


Relevant for: Geography | Topic: Distribution of key natural resources - Water Resources incl. Rivers & related
issues in world & India

© 2019 The Indian Express Ltd.


All Rights Reserved

The writes is secretary, Ministry for Drinking Water and Sanitation. Views are personal.

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On August 15, during the first Independence Day speech of his second tenure, Prime Minister
Narendra Modi announced the Jal Jeevan Mission, which plans to supply water to all
households by 2024. Five years ago, on the same occasion, he had made an equally audacious
pronouncement: That India would become open defecation free by October 2, 2019, the 150th

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birth anniversary of Mahatma Gandhi. Having delivered on that promise, the PM has now set
another BHAG (Big Hairy Audacious Goal) and, without a doubt, an idea whose time has come.

For many years, the central and state governments have been making efforts to increase access
to safe and adequate drinking water. While the provision of a basic quantity of drinking water in
rural India has been achieved through handpumps, dug wells or public stand posts, at the top of
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the aspirational ladder has always been household water supply (HWS). Thus, while states like
Sikkim and Gujarat have managed to achieve high levels of HWS, a relatively low percentage of
rural Indian households have access to this service. The strategy so far to increase access to
HWS faced obstacles, including not paying enough attention to sustaining or recharging
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groundwater, the primary source, and treating service delivery primarily as an engineering
solution, without adequate involvement of the users.

A further challenge at the policy level was that, until now, the institutional landscape for water at
both the Centre and state government has been somewhat fragmented, with several ministries
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in Delhi and departments in states dealing with different aspects of water management, with
overlapping roles and responsibilities. No single body had the ultimate oversight and authority
necessary to resolve conflicting issues and take the necessary decisions. The creation of the Jal
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Shakti Mantralaya in the Government of India to integrate the management of India’s water
resources and supply of drinking water is a landmark step in diagnosing and addressing the
problem. At a policy level, therefore, the stage has been set to deliver integrated water
management solutions.
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One of the main implementation challenges in rural drinking water service delivery has been the
inadequate attention to taking concrete measures to sustain the source of the water, in most
cases groundwater. The traditional approach to source sustainability by the large engineering
departments in states has either been to assume that the groundwater source is infinite or that it
is some other department’s problem. Instead of taking simple and local measures, like creating
rainwater harvesting structures and point recharge structures in the vicinity of borewells, the
emphasis has been more on maximising the pumping of water and distributing it through pipes.
This led to many of the systems either shutting down or functioning suboptimally due to the
groundwater source having dried up. The proposed Jal Jeevan Mission will make source
sustainability measures mandatory prior to pumping and distributing water to households.

Another major issue with the traditional approach to service delivery was that the provision of
drinking water was viewed primarily as an engineering solution, with schemes being planned
and executed by the public health and engineering departments. However, water is an ideal
sector for the applicability of the principle of subsidiarity — the idea that a central authority
should have a subsidiary function, performing only those tasks which cannot be performed
effectively at a more immediate or local level. Programmes like the Swajal project in Uttar
Pradesh and Uttarakhand and the WASMO programme in Gujarat, demonstrated that with
adequate capacity building and training, water can be most efficiently managed at the lowest
appropriate level. Adopting this principle, the Jal Jeevan Mission’s first preference will be to have
single village ground water-based schemes, wherever sufficient quantity and good quality of
groundwater exists. These schemes would be managed by the community itself through the
setting up of a village water and sanitation committee, a sub-committee of the gram panchayat.
Wherever adequate quantity of safe groundwater is not present, or where it may be technically
not feasible to have single-village schemes, surface water-based multi-village schemes will be
promoted. Further, in some remote regions, where it may not be techno-economically feasible to

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have household water supply schemes, local innovations, such as solar-based schemes will be
encouraged.

It is not commonly known that household waste water, mainly from the kitchen and bathing, from

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household water supply, amounts to about 75 per cent of the amount of water supplied. Under
the proposed Jal Jeevan Mission, with rural households planned to get household water supply,
huge quantities of household waste water will be generated across the country, therefore
making its effective management critical. It is, therefore, planned to include a mandatory
provision under the Jal Jeevan Mission for the effective channeling and treatment of household
waste water (known as grey water), through appropriate and low cost drainage and treatment
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systems. Once appropriately treated, the grey water can be used for both recharge of
groundwater as well as for irrigation purposes.

On the lines of the Swachh Bharat Mission, extensive information, education and communication
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will be needed to create a jan andolan for water management. The ongoing Jal Shakti Abhiyan
will help in creating awareness about the importance of integrating source sustainability and
water reuse with the provision of household water supply. This integrated approach to
decentralised, community managed, and sustainable water management is the backbone of the
government’s plan to ensure that every household gets the benefits of water supply. The Jal
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Jeevan Mission will be a major step towards improving our people’s ease of living and meeting
their aspirations of a New India.
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The writer is secretary, Department of Drinking Water and Sanitation, Ministry of Jal Shakti.
Views are personal

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© 2019 The Indian Express Ltd. All Rights Reserved

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Source : www.thehindu.com Date : 2019-08-17

MAKING CSR WORK: ON COMPANIES ACT


AMENDMENTS
Relevant for: Ethics | Topic: Corporate governance

It was first encouraged as a voluntary contribution by business; six years ago it evolved into a
co-option of the corporate sector to promote inclusiveness in society and now, corporate social
responsibility or CSR has become an imposition on India Inc. Key amendments to the relevant
sections of the Companies Act in the last session of Parliament have now made non-compliance

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with CSR norms a jailable offence for key officers of the company, apart from hefty fines up to
25 lakh on the company and 5 lakh on the officer in default. Finance Minister Nirmala
Sitharaman is said to have assured representatives of India Inc. when they met her last week
that this amendment will be reviewed. Yet, it is curious that the government rushed through with

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amendments on the CSR law even as a committee constituted by it was finalising its report on
the same subject. As it happened, the committee, headed by the Corporate Affairs Secretary
submitted its report on August 13, well after Parliament had passed the amendments. On the
specific issue of penalties, the committee has proposed that non-compliance be de-criminalised
and made a civil offence. “CSR is a means to partner corporates for social development and
such penal provisions are not in harmony with the spirit of CSR,” the committee’s report says
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and rightly so. CSR should not be treated as another tax on businesses.

Every company with a net worth of 500 crore or turnover of 1,000 crore or net profit of 5 crore
should spend 2% of the average profits it made over the previous three years on social
development. The experience since this provision was operationalised in 2013 has been mixed.
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Filings with the Ministry of Corporate Affairs show that in 2017-18, only a little over half of those
liable to spend on CSR have filed reports on their activity to the government. The other half
either did not comply or simply failed to file. The average CSR spend by private companies was
just 95 lakh compared to 9.40 crore for public sector units. These are early days yet, and
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compliance will improve as corporates imbibe CSR culture fully. The committee’s suggestion to
offer a tax break for expenses on CSR makes sense as it may incentivise companies to spend.
It has also recommended that unspent CSR funds be transferred to an escrow account within 30
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days of the end of the financial year. It should be recognised that CSR is not the main business
of a company and in these challenging times they would rightly be focusing their energies on the
business rather than on social spending. The government should be careful to not micromanage
and tie down businesses with rules and regulations that impose a heavy compliance burden.
Else it might end up with the opposite of what it intends — to rope in corporates as citizens to
promote social inclusion.
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Source : www.thehindu.com Date : 2019-08-17

A CONSIDERED STEP THAT OPENS UP NEW VISTAS


Relevant for: Indian Polity | Topic: Indian Constitution - Features & Significant Provisions related to The
Preamble, Union & its Territories and The Citizenship

The recent decision by the government to abrogate Article 370 has resulted in a countrywide
debate on the subject. The general perception is that a vast majority of people in the country feel
that the abrogation is a welcome step. They also feel that the abrogation should not be viewed
through a narrow political prism as it centres around the unity and integrity of the nation. In fact,
it is also seen as a major step towards ensuring an inclusive India.

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Before delving into the issue, one should understand the essence of Article 370; it was only a
temporary, transitional arrangement and was never intended to be a permanent provision.

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Under Part XXI of the Constitution of India, which deals with ‘Temporary, Transitional and
Special Provisions’, the special status was conferred upon Jammu and Kashmir (J&K) after
Maharaja Hari Singh signed The Instrument of Accession on October 26-27, 1947.

However, an important nugget of history is that Article 370 was not incorporated at the time of
accession. It was included in October 1949 at the instance of Sheikh Abdullah, who was a
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member of the Constituent Assembly that drafted the Constitution. It became operative only in
1952.

Under Article 370, Jammu and Kashmir State was allowed to have a separate Constitution and a
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Flag. Its Constituent Assembly, initially, and the State legislature, subsequently, were
empowered either to adopt or not to adopt any law passed by the Indian Parliament. Except for
matters such as ‘Defence’, ‘External Affairs’, ‘Communications’ and matters mentioned in ‘The
Instrument of Accession’, the Indian Parliament had no jurisdiction on extending its legislations
to the border State without the concurrence of Jammu and Kashmir.
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While considering the proposal to incorporate it in the Constitution, Prime Minister Pandit
Jawaharlal Nehru advised Sheikh Abdullah to convince B.R. Ambedkar, who apparently was not
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in favour of it.

In the book, Dr. B.R. Ambedkar Framing of Indian Constitution, by Dr. S.N. Busi, Dr. Ambedkar
was cited as saying: “Mr. Abdullah, you want that India should defend Kashmir. You wish India
should protect your borders, she should build roads in your area, she should supply you food
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grains, and Kashmir should get equal status as India, but you don’t want India and any citizen of
India to have any rights in Kashmir and Government of India should have only limited powers.
To give consent to this proposal would be a treacherous thing against the interests of India, and
I, as the Law Minister of India, will never do. I cannot betray the interests of my country”.

Even Pandit Nehru had pointed out in Parliament on November 27, 1963 that “Article 370 is part
of certain transitional, provisional arrangements. It is not a permanent part of the Constitution. It
is a part as long as it remains so.”

History shows that instead of bringing people of Kashmir closer to the rest of India, Article 370
has only widened the chasm. This schism has been systematically widened by vested interests.
While Article 370 has failed to benefit the people in a meaningful way, it was used by separatists
to drive a wedge between those living in J&K and the rest of India. It was used by a
neighbouring country to spread terrorism.
The demand for abrogation of Article 370 has been under consideration for a long time. In fact,
Parliament had discussed this way back in 1964. A discussion on a private member’s bill
seeking abrogation of Article 370 found near-unanimous support back then.

It would be pertinent to point out that the non-official resolution moved by Prakash Vir Shastri in
the Lok Sabha was supported by leaders like Ram Manohar Lohia and K. Hanumanthaiya, a
senior Congress leader.

Hanumanthaiya not only pointed out that the members, irrespective of party affilations, wanted
the abrogation of Article 370 to be made into law but also went on to say: “To go against or to
say anything against this unanimous opinion in this House is to disown constitutional

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responsibility in a convenient manner. Article 370… stands in the way of full integration.”

Of the 12 members who favoured its abrogation, seven belonged to the Congress including
Inder J. Malhotra, Sham Lal Saraf (from J&K), H.V. Kamath, Socialist, Sarjoo Pandey (CPI) and

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Bhagwat Jha Azad, former Chief Minister of Bihar.

The country felt that this provision needed to go sooner or later. As Jawaharlal Nehru’s
colleague and then Home Affairs Minister Gulzarilal Nanda had told Parliament decades ago,
“Article 370 is nothing more than a shell emptied of its contents. Nothing has been left in it; we
can do it in one day, in 10 days, 10 months. That is entirely for us to consider.”
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Parliament and the Government have now come to the conclusion, finally, that such a
dysfunctional provision has no relevance in the current context and that the time has come to
integrate Jammu and Kashmir fully into the rest of India. Without having improved the lives of
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people in any way, Article 370 had become an impediment to the very development of the State.

The people of the country also need to know, as pointed out by the present Home Minister, Amit
Shah, in the Lok Sabha recently, that key Central laws made for the welfare of citizens of the
country could not be implemented in J&K due to Article 370. With its abrogation, a total of 106
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Central laws will now be extended to J&K. Some of the key pieces of legislation include the
Prevention of Corruption Act, the Land Acquisition Act, the National Commission for Minorities
Act, the Right to Education Act and those relating to empowering local bodies.
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With Article 35A becoming void, the decades old discrimination against the women of J&K has
been eliminated. They can now purchase and transfer property to their children, even if they get
married to a non-resident.
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In my view, the abrogation of Article 370 is indeed a step in the right direction to safeguard the
unity and integrity of India.

The State of Jammu and Kashmir has been an integral part of our country. It will always remain
so. So, the action to remove Article 370 is purely an internal matter. It goes without saying that
India will not allow outsiders to meddle in its internal affairs. People should guard against false
and mischievous propaganda by a section of the Indian and western media, which probably still
believes in the colonial mindset of ‘divide and rule’.

Parliament has carefully considered and taken a decision that this transitory provision needs to
go and that J&K must be fully integrated with the rest of India. The naysayers who are alleging
that constitutional impropriety has been committed must know that the Bill was passed by two-
thirds in the Rajya Sabha and four-fifths in the Lok Sabha after an elaborate discussion.

I am sure that this integration fulfils a long-standing demand of many sections of the people in
J&K, including Ladakh. The speech of the Ladakh MP, Jamyang Tsering Namgyal, in the Lok
Sabha recently, was truly noteworthy, where he pointed out that Ladakh was not just a piece of
land but a precious gem of Bharat. I am also confident that the status of a State would be
accorded once things improve and total normalcy is restored in Jammu and Kashmir.

The Government’s decision would facilitate greater investments by both individual entrepreneurs
and major private companies in different sectors including hospitality, tourism, education and
health. It would naturally generate much-needed employment for local youth. It would also
enable greater scrutiny of the implementation of the schemes of the Government of India.

In conclusion, it should be noted that the abrogation of Article 370 is a national issue involving

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our country’s safety, security, unity and equitable prosperity. It is a step in the right direction that
the Indian Parliament has taken with an overwhelming majority. It is a step that opens up new
vistas for the all-round development in a State that was relatively neglected. It is a stepping
stone to enable an improved quality of life for the people of Jammu, Kashmir and Ladakh.

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M. Venkaiah Naidu is the Vice-President of India

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Source : www.thehindu.com Date : 2019-08-17

GIVING SHAPE TO AN ELUSIVE STRATEGIC CONCEPT


Relevant for: Science & Technology | Topic: Defence related developments

The Prime Minister’s announcement in his Independence Day address on Thursday, appointing
a Chief of Defence Staff (CDS), is one that could have a far-reaching impact on the
management of defence in India.

The issue of efficient management of the higher defence organisation came into sharp focus

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after the Kargil war in 1999, when the K. Subrahmanyam-headed task force was asked to
examine questions about the anticipation and detection of Pakistani intrusions in Kargil and the
military response. The strategic expert and his team highlighted the systemic issues bedevilling
our national security structures, which included poor coordination and technological
inadequacies.

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On its recommendations, the Government tasked a Group of Ministers (GoM) in the early 2000s
to undertake a review of national security management. Their recommendations covered
intelligence, internal security, border management and defence. These resulted in an overhaul,
which included the appointment of a National Security Adviser, a strengthening of intelligence
coordination mechanisms, upgrading the technological capacity of security agencies, and
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sharpening institutional responses to traditional and emerging internal security challenges.
Defence management was the one area in which the implementation of the GoM’s
recommendations was disappointing.
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The issues are well-known. The first is a pervasive sentiment in the armed forces that they are
not formally involved in decision-making on defence planning and strategy. This perception is
reinforced by the fact that the Service Headquarters are not within the Ministry of Defence; they
are treated more like attached offices. This structure has led to cumbersome, opaque and
antiquated decision-making processes, from administrative requirements to weapons
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acquisitions.

From an operational perspective, the concept of military conflict today extends beyond land, air
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and sea, into the domains of space, cyber, electronic and information. Effective defence
preparedness requires a ‘jointness’ of the Indian Army, Indian Air Force and Indian Navy in
incorporating these domains into their war-fighting strategies. It also requires a prioritisation of
the weapons requirements of the forces and optimisation of their resource allocations based on
a clearly defined national defence strategy.
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The GoM had recommended better efficiency by integrating the armed forces headquarters into
the Ministry of Defence (MoD). It had also pitched for the appointment of a CDS, who could
promote an integrated approach to inter-service prioritisation and resource allocation as well as
a pooling of common structures to avoid unnecessary redundancies. The CDS was to administer
tri-service institutions such as the Andaman and Nicobar Command. In today’s context, his
charge would also presumably include the recently established tri-service space and cyber
agencies. He would provide coordinated military advice to the Defence Minister, incorporating
the perspectives of the individual services. He would develop the national defence strategy,
which itself should flow from a national security strategy that factors in traditional and non-
traditional threats as well as internal security requirements and external strategic objectives.
This would be in collaboration with the civilian defence leadership of the MoD.

All recommendations were accepted barring the one on the CDS. Opposition from sections of
the armed forces and the bureaucracy and from a political party resulted in this last-minute
decision. There was apprehension that a CDS would undermine of the authority of the three
service chiefs over their forces. The establishment in many countries of theatre commands
under the CDS reinforced this fear. The other concern was that an all-powerful CDS would
distort the civil-military balance in our democracy.

This opposition was based on misperceptions and “turf” considerations. Many democracies have
the institution of a CDS or its equivalent, with varying degrees of operational control over their
armed forces. It has not diluted civilian control over their governance. Instead, it has meant
greater participation of the military in defence decision-making alongside the civilian
bureaucracy, enhancing the coherence and transparency of policies. In almost every case, the
appointment of a CDS has been a top-down decision, to which the system has subsequently

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adjusted.

The role envisaged for a CDS in India is that of developing multi-domain military strategies,
strengthening tri-service synergies and enabling perspective planning. It is only after achieving

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jointness in training, exercises and infrastructure that the feasibility of regional commands can
be explored in the specific context of India’s geography and the nature of its internal and
external threats. The CDS can contribute to rational defence acquisition decisions, preventing
redundancy of capacities among the services and making best use of available financial
resources. S.
While implementing this reform, we should also focus on the important objective of
indigenisation. It is a shame that India is still among the top arms importers. This abject
dependence on other countries, for weapons systems, components and even ammunitions,
does not befit an aspiring great power. There must be procedures and practices to ensure that
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every acquisition is structured in a way as to strengthen our indigenous technological capacities,
in turn aiding defence self-reliance.

A corollary of the appointment of a CDS is integration of his establishment into the MoD without
which he cannot meaningfully fulfil the role assigned to him. Eventually, the three Service
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headquarters would also need to be suitably integrated into the Ministry. It would require
changing their current functional structure as well as amending the existing rules of business of
the government. This was envisaged by the GoM, but when a decision on the CDS was
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deferred, action on it lost steam.

In his announcement on the CDS, the Prime Minister mentioned past reports on defence
reforms, the transforming nature of military conflict, the impact of technology and the need for
modernisation, coordination and jointness. This leads to hope that the GoM recommendations of
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2001 will be implemented. If carried out objectively, undistorted by turf considerations, this long-
awaited reform would soothe frictions in civil-military relations and bring greater efficiency,
transparency and accountability into decision-making on defence matters.

P.S. Raghavan is Chairman, National Security Advisory Board. The views expressed are
personal

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Source : www.thehindu.com Date : 2019-08-17

CHIEF OF DEFENCE STAFF TO AID SYNERGIES


Relevant for: Science & Technology | Topic: Defence related developments

Bipin Rawat

In a major decision for higher level military reforms and tri-service integration, Prime Minister
Narendra Modi on Thursday announced the appointment of a Chief of the Defence Staff (CDS)
who will be above the three service chiefs. The modalities are expected to be finalised in the

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next few months, defence sources said.

“I announce that there will be a Chief of Defence Staff going into the future who would be above
the three service chiefs. This is going to make the forces even more effective,” he announced in
his Independence Day speech from the Red Fort. The creation of the CDS will eventually lead to

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the formation of tri-service theatre commands intended to create vertical integration of the three
forces. However, it is not clear if the CDS will be a four-star or a five-star officer.

Avoiding duplication

The CDS will be a single-point military adviser to the government and synergise long-term
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planning, procurements, training and logistics of the three services. This is expected to save
money by avoiding duplication between the services, at a time of shrinking capital expenditure
within the defence budget. “The Defence Ministry will constitute an implementation committee
which will finalise the modalities which is expected to take few months,” a defence source said.
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Given the time frame, the Chief of the Army Staff, General Bipin Rawat, could be the front
runner to be the country’s fist CDS as he has tenure till December 31 and would be the senior-
most officer after Air Chief Marshal B.S. Dhanoa, also the current Chairman of Chiefs of Staff
Committee (COSC), who retires on September 30.
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Kargil panel
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The creation of a CDS to act as a single-point military adviser to the Prime Minister on strategic
issues was one of the key recommendations of the Kargil review committee on higher military
reforms after the 1999 conflict. Despite much deliberation, the issue did not make progress due
to lack of consensus and apprehensions from the services.
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In 2012, the Naresh Chandra committee recommended the appointment of a Permanent


Chairman COSC as a midway to allay apprehensions over the CDS. Currently, the senior-most
of the three chiefs functions as the Chairman of the COSC but it is an additional role and the
tenures have been very short.

The CDS is also one of the 99 recommendations made by the Lt. General D.B. Shekatkar (retd.)
Committee which submitted its report in December 2016 and had 34 recommendations
pertaining to tri-service integration.

Speaking to The Hindu on the announcement, Lt. Gen. Shekatkar said that with the fast-
changing security and defence environment, this was the right moment for India to have a CDS.
He said that during the Kargil conflict, if India had a CDS it would not have suffered so many
casualties in the initial stages as the Indian Air Force took time to come in support and “so it was
felt there is need for a central point authority who can advise the government”.
He added, “There are three different agencies buying the same thing. You are wasting the
resources.”

Positive impact

“The announcement of the institution of CDS by Prime Minister Modi has been made keeping in
view of the much needed reform to streamline and further improve the coordination among the
three forces and their functioning. CDS will have a long lasting and a positive impact on India’s
security,” Defence Minister Rajnath Singh said in a post on Twitter.

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PRSINDIA
Relevant for: Indian Polity | Topic: Indian Constitution - Amendments, Schedules, and Important Articles

● The Jallianwala Bagh National Memorial (Amendment) Bill, 2019 was introduced in Lok
Sabha by Mr. Prahlad Singh Patel, Minister of State for Culture, on July 8, 2019. It amends
the Jallianwala Bagh National Memorial Act, 1951. The Act provides for the erection of a
National Memorial in memory of those killed or wounded on April 13, 1919, in Jallianwala
Bagh, Amritsar. In addition, it creates a Trust to manage the National Memorial.

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● Composition of Trustees: Under the 1951 Act, the Trustees of the Memorial include:
(i) the Prime Minister as Chairperson, (ii) President of the Indian National Congress,
(iii) Minister in-charge of Culture, (iv) Leader of Opposition in the Lok Sabha, (v)

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Governor of Punjab, (vi) Chief Minister of Punjab, and (vii) three eminent persons
nominated by the central government. The Bill amends this provision to remove the
President of the Indian National Congress as a Trustee. Further, it clarifies that when
there is no Leader of Opposition in Lok Sabha, then the leader of the single largest
opposition party will be the Trustee.


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The Act provides that the three trustees nominated by the central government will be
trustees for a period of five years and will be eligible for renomination. The Bill allows the
central government to terminate the term of a nominated trustee before the expiry of the
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period of his term without assigning any reason.

DISCLAIMER: This document is being furnished to you for your information. You may choose to
reproduce or redistribute this report for non-commercial purposes in part or in full to any other
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person with due acknowledgement of PRS Legislative Research (“PRS”). The opinions
expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and
comprehensive information, but PRS does not represent that the contents of the report are
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accurate or complete. PRS is an independent, not-for-profit group. This document has been
prepared without regard to the objectives or opinions of those who may receive it.

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PRSINDIA
Relevant for: Indian Polity | Topic: Judiciary in India: its Structure, Organization & Functioning, Judges of SC &
High Courts, Judgments and related Issues

● The Supreme Court (Number of Judges) Amendment Bill, 2019 was introduced in Lok
Sabha on August 5, 2019 by the Minister of Law and Justice, Mr. Ravi Shankar Prasad. The
Bill amends the Supreme Court (Number of Judges) Act, 1956.

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● The Act fixes the maximum number of judges in the Supreme Court at 30 judges (excluding
the Chief Justice of India). The Bill increases this number from 30 to 33.

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DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or
redistribute this report for non-commercial purposes in part or in full to any other person with due
acknowledgement of PRS Legislative Research (“PRS”). The opinions expressed herein are entirely those of
the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not
represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit
group. This document has been prepared without regard to the objectives or opinions of those who may
receive it.
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Source : www.prsindia.org Date : 2019-08-17

PRSINDIA
Relevant for: Geography | Topic: Distribution of key natural resources - Water Resources incl. Rivers & related
issues in world & India

● The Dam Safety Bill, 2019 was introduced in Lok Sabha by the Minister of Jal Shakti, Mr.
Gajendra Singh Shekhawat, on July 29, 2019. The Bill provides for the surveillance,
inspection, operation, and maintenance of specified dams across the country. It also
provides for an institutional mechanism to ensure the safety of such dams.

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● Applicability of the Bill: The Bill applies to all specified dams in the country. These
are dams with: (i) height more than 15 metres, or (ii) height between 10 metres to 15
metres and subject to certain additional design and structural conditions.

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● National Committee on Dam Safety: The National Committee on Dam Safety will be
constituted and will be chaired by the Chairperson, Central Water Commission. All
other members will be nominated by the central government, and include: (ii) up to 10
representatives of the central government, (iii) up to seven representatives of the
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state governments (by rotation), and (iv) up to three dam safety experts.

● Functions of the Committee include: (i) formulating policies and regulations regarding dam
safety standards and prevention of dam failures, and (ii) analysing causes of major dam
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failures and suggesting changes in dam safety practices.

● National Dam Safety Authority: The National Dam Safety Authority will be headed by
an officer, not below the rank of an Additional Secretary, who will be appointed by the
central government. Functions of the Authority include: (i) implementing the policies
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formulated by the National Committee on Dam Safety, (ii) resolving issues between
State Dam Safety Organisations (SDSOs), or between a SDSO and any dam owner in
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that state, (iii) specifying regulations for inspection and investigation of dams, and
(iv) providing accreditation to agencies working on construction, design, and
alteration of dams.

● State Dam Safety Organisation: State governments will establish State Dam Safety
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Organisations (SDSOs). All specified dams situated in a state will fall under the
jurisdiction of that state’s SDSO. However, in certain cases the National Dam Safety
Authority will act as the SDSO. These include cases where a dam: (i) is owned by
one state but situated in another state, (ii) extends over multiple states, or (iii) is
owned by a central public sector undertaking.

● Functions of the SDSOs include: (i) keeping perpetual surveillance, inspecting, and
monitoring the operation and maintenance of dams, (ii) keeping a database of all dams, and
(iii) recommending safety measures to owners of dams.

● State Committee on Dam Safety: The Bill provides for the constitution of State
Committees on Dam Safety by state governments. Functions of the Committee
include: (i) reviewing the work of the SDSO, (ii) ordering dam safety investigations,
(iii) recommending dam safety measures and reviewing the progress on such
measures, and (iv) assessing the potential impact on upstream and downstream
states. These states will also have their representatives on the State Committee.

● Change in functions of the bodies: Functions of: (i) the National Committee on Dam
Safety, (ii) the National Dam Safety Authority, and (iii) the State Committees on Dam
Safety have been provided in Schedules to the Bill. The Bill specifies that the central
government can amend these Schedules through a notification, if deemed necessary.

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● Obligations of dam owners: Owners of specified dams are required to provide a dam
safety unit in each dam. This unit will inspect the dams: (i) before and after the
monsoon session, and (ii) during and after every earthquake, flood, or any other
calamity or sign of distress. Dam owners will be required to prepare an emergency

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action plan, and carry out risk assessment studies for each dam at specified regular
intervals. Dam owners will also be required to prepare a comprehensive dam safety
evaluation of each dam, at regular intervals, through a panel of experts. The
evaluation will be mandatory in certain cases such as major modification of the
original structure, or an extreme hydrological or seismic event.
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● Offences and penalties: The Bill provides for two types of offences. These are: (i)
obstructing a person in the discharge of his functions under the Bill, and (ii) refusing
to comply with directions issued under the Bill. Offenders will be punishable with
imprisonment of up to one year, or a fine, or both. If the offence leads to loss of lives,
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the term of imprisonment may be extended up to two years. Offences will be
cognizable only when the complaint is made by the government, or any authority
constituted under the Bill.
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DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or
redistribute this report for non-commercial purposes in part or in full to any other person with due
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acknowledgment of PRS Legislative Research (“PRS”). The opinions expressed herein are entirely those of
the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not
represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit
group. This document has been prepared without regard to the objectives or opinions of those who may
receive it.
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PRSINDIA
Relevant for: Indian Polity | Topic: Indian Constitution - Features & Significant Provisions related to The
Preamble, Union & its Territories and The Citizenship

● The Jammu and Kashmir Reorganisation Bill, 2019 was introduced in Rajya Sabha on
August 5, 2019 by the Minister of Home Affairs, Mr. Amit Shah. The Bill provides for
reorganisation of the state of Jammu and Kashmir into the Union Territory of Jammu and
Kashmir and Union Territory of Ladakh.

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● Reorganisation of Jammu and Kashmir: The Bill reorganises the state of Jammu and
Kashmir into: (i) the Union Territory of Jammu and Kashmir with a legislature, and (ii)
the Union Territory of Ladakh without a legislature. The Union Territory of Ladakh

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will comprise Kargil and Leh districts, and the Union Territory of Jammu and Kashmir
will comprise the remaining territories of the existing state of Jammu and Kashmir.

● Lieutenant Governor: The Union Territory of Jammu and Kashmir will be


administered by the President, through an administrator appointed by him known as
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the Lieutenant Governor. The Union Territory of Ladakh will be administered by the
President, through a Lieutenant Governor appointed by him.

● Legislative Assembly of Jammu and Kashmir: The Bill provides for a Legislative
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Assembly for the Union Territory of Jammu and Kashmir. The total number of seats
in the Assembly will be 107. Of these, 24 seats will remain vacant on account of
certain areas of Jammu and Kashmir being under the occupation of Pakistan.
Further, seats will be reserved in the Assembly for Scheduled Castes and Scheduled
Tribes in proportion to their population in the Union Territory of Jammu and
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Kashmir. In addition, the Lieutenant Governor may nominate two members to the
Legislative Assembly to give representation to women, if they are not adequately
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represented.

● The Assembly will have a term of five years, and the Lieutenant Governor must summon the
Assembly at least once in six months. The Legislative Assembly may make laws for any part
of the Union Territory of Jammu and Kashmir related to: (i) any matters specified in the
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State List of the Constitution, except “Police” and “Public Order”, and (ii) any matter in the
Concurrent List applicable to Union Territories. Further, Parliament will have the power to
make laws in relation to any matter for the Union Territory of Jammu and Kashmir.

● Council of Ministers: The Union Territory of Jammu and Kashmir will have a Council
of Ministers of not more than ten percent of the total number of members in the
Assembly. The Council will aide and advise the Lieutenant Governor on matters that
the Assembly has powers to make laws. The Chief Minister will communicate all
decisions of the Council to the Lieutenant Governor.

● High Court: The High Court of Jammu and Kashmir will be the common High Court
for the Union Territories of Ladakh, and Jammu and Kashmir. Further, the Union
Territory of Jammu and Kashmir will have an Advocate General to provide legal
advice to the government of the Union Territory.

● Legislative Council: The Legislative Council of the state of Jammu and Kashmir will
be abolished. Upon dissolution, all Bills pending in the Council will lapse.

● Advisory Committees: The central government will appoint Advisory Committees, for
various purposes, including: (i) distribution of assets and liabilities of corporations of
the state of Jammu and Kashmir between the two Union Territories, (ii) issues related
to the generation and supply of electricity and water, and (iii) issues related to the

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Jammu and Kashmir State Financial Corporation. These Committees must submit
their reports within six months to the Lieutenant Governor of Jammu and Kashmir,
who must act on these recommendations within 30 days.

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● Extent of laws: The Schedule lists 106 central laws that will be made applicable to
Union Territories of Jammu and Kashmir and Ladakh on a date notified by the central
government. These include the Aadhaar Act, 2016, the Indian Penal Code, 1860, and
the Right to Education Act, 2009. Further, it repeals 153 state laws of Jammu and
Kashmir. In addition, 166 state laws will remain in force, and seven laws will be
applicable with amendments. These amendments include lifting of prohibitions on
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lease of land to persons who are not permanent residents of Jammu and Kashmir.

DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or
IA
redistribute this report for non-commercial purposes in part or in full to any other person with due
acknowledgement of PRS Legislative Research (“PRS”). The opinions expressed herein are entirely those of
the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not
represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit
group. This document has been prepared without regard to the objectives or opinions of those who may
receive it.
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Source : www.prsindia.org Date : 2019-08-17

PRSINDIA
Relevant for: Indian Polity | Topic: Indian Constitution - Features & Significant Provisions related to The
Preamble, Union & its Territories and The Citizenship

● The Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 was introduced in
Rajya Sabha on August 5, 2019 by the Minister of Home Affairs, Mr. Amit Shah. The Bill
amends the Jammu and Kashmir Reservation Act, 2004. The Act provides for reservation
in appointment in state government posts, and admission to professional institutions, for

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certain reserved categories. Professional institutions include government medical colleges,
dental colleges, and polytechnics.

● The Act provides for reservation in appointment (by direct recruitment) in state government

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posts for Scheduled Castes, Scheduled Tribes, and socially and educationally backward
classes. Further, it provides for reservation in admission in professional institutions for
certain reserved categories. The Bill additionally provides for reservation in appointment
and admission in professional institutions for economically weaker sections. Economically
weaker sections will be notified by the government on the basis of family income and other
indicators of economic disadvantage.
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● The reservations of upto 10% for economically weaker sections in appointment and
admission to professional institutions will be in addition to the existing reservation under the
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Act.

DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or
redistribute this report for non-commercial purposes in part or in full to any other person with due
k

acknowledgement of PRS Legislative Research (“PRS”). The opinions expressed herein are entirely those of
the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not
represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit
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group. This document has been prepared without regard to the objectives or opinions of those who may
receive it.

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PRSINDIA
Relevant for: Indian Economy | Topic: Issues relating to Growth & Development - Capital Market & SEBI

● The Chit Funds (Amendment) Bill, 2019 was introduced in Lok Sabha on August 5, 2019.
The Bill seeks to amend the Chit Funds Act, 1982. The 1982 Act regulates chit funds, and
prohibits a fund from being created without the prior sanction of the state government.
Under a chit fund, people agree to pay a certain amount from time to time into a fund.
Periodically, one of the subscribers is chosen by drawing a chit to receive the prize amount

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from the fund.

● Names for a chit fund: The Act specifies various names which may be used to refer to
a chit fund. These include chit, chit fund, and kuri. The Bill additionally inserts

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‘fraternity fund’ and ‘rotating savings and credit institution’ to this list.

● Substitution of terms: The Act defines certain terms in relation to chit funds. It
defines: (a) ‘chit amount’ as the sum of subscriptions payable by all the subscribers
of a chit; (b) ‘dividend’ as the share of the subscriber in the amount kept apart for
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running the chit; and (c) ‘prize amount’ as the difference between chit amount and the
amount kept apart for running the chit. The Bill changes the names of these terms to
‘gross chit amount’, ‘share of discount’ and ‘net chit amount’, respectively.
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● Presence of subscribers through video-conferencing: The Act specifies that a chit
will be drawn in the presence of at least two subscribers. The Bill seeks to allow
these subscribers to join via video-conferencing.

Foreman’s commission: Under the Act, the ‘foreman’ is responsible for managing the
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chit fund. He is entitled to a maximum commission of 5% of the chit amount. The Bill
seeks to increase the commission to 7%. Further, the Bill allows the foreman a right
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to lien against the credit balance from subscribers.

● Aggregate amount of chits: Under the Act, chits may be conducted by firms,
associations or individuals. The Act specifies the maximum amount of chit funds
which may be collected. These limits are: (i) one lakh rupees for chits conducted by
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individuals, and for every individual in a firm or association with less than four
partners, and (ii) six lakh rupees for firms with four or more partners. The Bill
increases these limits to three lakh rupees and 18 lakh rupees, respectively.

● Application of the Act: Currently, the Act does not apply to: (i) any chit started before
it was enacted, and (ii) any chit (or multiple chits being managed by the same
foreman) where the amount is less than Rs 100. The Bill removes the limit of Rs 100,
and allows the state governments to specify the base amount over which the
provisions of the Act will apply.

DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or
redistribute this report for non-commercial purposes in part or in full to any other person with due
acknowledgement of PRS Legislative Research (“PRS”). The opinions expressed herein are entirely those of
the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not
represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit
group. This document has been prepared without regard to the objectives or opinions of those who may
receive it.

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Source : www.prsindia.org Date : 2019-08-17

PRSINDIA
Relevant for: Science & Technology | Topic: Biotechnology, Genetics & Health related developments

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NOTE: This Bill is identical to The DNA Technology (Use and Application) Regulation Bill, 2018.
Therefore please refer to our legislative brief on the 2018 Bill.

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● The DNA Technology (Use and Application) Regulation Bill, 2019 was introduced in Lok
Sabha by the Minister for Science and Technology, Mr. Harsh Vardhan, on July 8, 2019.
The Bill provides for the regulation of use of DNA technology for establishing the identity of
certain persons. Note that the same Bill had been previously introduced in Lok Sabha in
August 2018, but lapsed.
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● Use of DNA Data: Under the Bill, DNA testing is allowed only in respect of matters
listed in the Schedule to the Bill. These include offences under the Indian Penal
Code, 1860, and for civil matters such as paternity suits. Further, the Schedule
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includes DNA testing for matters related to establishment of individual identity.

● Collection of DNA: While preparing a DNA profile, bodily substances of persons may
be collected by the investigating authorities. Authorities are required to obtain
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consent for collection in certain situations. For arrested persons, authorities are
required to obtain written consent if the offence carries a punishment of up to seven
years. If the offence carries more than seven years of imprisonment or death,
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consent is not required. Further, if the person is a victim, or relative of a missing


person, or a minor or disabled person, the authorities are required to obtain the
written consent of such victim, or relative, or parent or guardian of the minor or
disabled person. If consent is not given in these cases, the authorities can approach
a Magistrate who may order the taking of bodily substances of such persons.
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● DNA Data Bank: The Bill provides for the establishment of a National DNA Data Bank
and Regional DNA Data Banks, for every state, or two or more states. DNA
laboratories are required to share DNA data prepared by them with the National and
Regional DNA Data Banks. Every Data Bank will be required to maintain indices for
the following categories of data: (i) a crime scene index, (ii) a suspects’ or
undertrials’ index, (iii) an offenders’ index, (iv) a missing persons’ index, and (v) an
unknown deceased persons’ index.

● Removal of DNA profiles: The Bill states that the criteria for entry, retention, or
removal of the DNA profile will be specified by regulations. However, the Bill
provides for removal of the DNA profiles of the following persons: (i) of a suspect if a
police report is filed or court order given, (ii) of an undertrial if a court order is given,
and (iii) on written request, for persons who are not a suspect, offender or undertrial,
from the crime scene or missing persons’ index.

● DNA Regulatory Board: The Bill provides for the establishment of a DNA Regulatory
Board, which will supervise the DNA Data Banks and DNA laboratories. The
Secretary, Department of Biotechnology, will be the ex officio Chairperson of the
Board. The Board will comprise additional members including: (i) experts in the field
of biological sciences, and (ii) Director General of the National Investigation Agency
and the Director of the Central Bureau of Investigation.

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● Functions of the Board: The functions of the Board include: (i) advising governments
on all issues related to establishing DNA laboratories or Data Banks, and (ii) granting
accreditation to DNA laboratories. Further, the Board is required to ensure that all

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information relating to DNA profiles with the Data Banks, laboratories, and other
persons are kept confidential.

● DNA laboratories: Any laboratory undertaking DNA testing is required to obtain


accreditation from the Board. The Board may revoke the accreditation for reasons
including, failure to: (i) undertake DNA testing, or (ii) comply with the conditions
S.
attached to the accreditation. If the accreditation is revoked, an appeal will lie before
the central government or any other authority notified by the central government.
Further, every DNA laboratory is required to follow standards for quality assurance in
collection, storing, and analysis of DNA samples. After depositing the DNA profile for
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criminal cases, the laboratory is required to return the biological sample to the
investigating officer. In all other cases, the sample must be destroyed.

● Offences: The Bill specifies penalties for various offences, including: (i) for
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disclosure of DNA information, or (ii) using DNA sample without authorization. For
instance, disclosure of DNA information will be punishable with imprisonment of up
to three years and fine of up to one lakh rupees.
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DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or
redistribute this report for non-commercial purposes in part or in full to any other person with due
acknowledgement of PRS Legislative Research (“PRS”). The opinions expressed herein are entirely those of
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the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not
represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit
group. This document has been prepared without regard to the objectives or opinions of those who may
receive it.

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PRSINDIA
Relevant for: Developmental Issues | Topic: Rights Issues - Consumer Rights in India

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Note: This Bill is similar to the Consumer Protection Bill, 2018. Therefore please refer to our
legislative brief on the 2018 Bill.

● The Consumer Protection Bill, 2019 was introduced in Lok Sabha by the Minister of

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Consumer Affairs, Food and Public Distribution, Mr. Ram Vilas Paswan on July 8, 2019. The
Bill replaces the Consumer Protection Act, 1986. Key features of the Bill include:

● Definition of consumer: A consumer is defined as a person who buys any good or


avails a service for a consideration. It does not include a person who obtains a good
for resale or a good or service for commercial purpose. It covers transactions
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through all modes including offline, and online through electronic means,
teleshopping, multi-level marketing or direct selling.

● Rights of consumers: Six consumer rights have been defined in the Bill, including the
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right to: (i) be protected against marketing of goods and services which are
hazardous to life and property; (ii) be informed of the quality, quantity, potency,
purity, standard and price of goods or services; (iii) be assured of access to a variety
of goods or services at competitive prices; and (iv) seek redressal against unfair or
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restrictive trade practices.

Central Consumer Protection Authority: The central government will set up a Central
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Consumer Protection Authority (CCPA) to promote, protect and enforce the rights of
consumers. It will regulate matters related to violation of consumer rights, unfair
trade practices, and misleading advertisements. The CCPA will have an investigation
wing, headed by a Director-General, which may conduct inquiry or investigation into
such violations.
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● CCPA will carry out the following functions, including: (i) inquiring into violations of
consumer rights, investigating and launching prosecution at the appropriate forum; (ii)
passing orders to recall goods or withdraw services that are hazardous, reimbursement of
the price paid, and discontinuation of the unfair trade practices, as defined in the Bill; (iii)
issuing directions to the concerned trader/ manufacturer/ endorser/ advertiser/ publisher to
either discontinue a false or misleading advertisement, or modify it; (iv) imposing penalties,
and; (v) issuing safety notices to consumers against unsafe goods and services.

● Penalties for misleading advertisement: The CCPA may impose a penalty on a


manufacturer or an endorser of up to Rs 10 lakh and imprisonment for up to two
years for a false or misleading advertisement. In case of a subsequent offence, the
fine may extend to Rs 50 lakh and imprisonment of up to five years.
● CCPA can also prohibit the endorser of a misleading advertisement from endorsing that
particular product or service for a period of up to one year. For every subsequent offence,
the period of prohibition may extend to three years. However, there are certain exceptions
when an endorser will not be held liable for such a penalty.

● Consumer Disputes Redressal Commission: Consumer Disputes Redressal


Commissions (CDRCs) will be set up at the district, state, and national levels. A
consumer can file a complaint with CDRCs in relation to: (i) unfair or restrictive trade

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practices; (ii) defective goods or services; (iii) overcharging or deceptive charging;
and (iv) the offering of goods or services for sale which may be hazardous to life and
safety. Complaints against an unfair contract can be filed with only the State and
National Appeals from a District CDRC will be heard by the State CDRC. Appeals

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from the State CDRC will be heard by the National CDRC. Final appeal will lie before
the Supreme Court.

● Jurisdiction of CDRCs: The District CDRC will entertain complaints where value of
goods and services does not exceed Rs one crore. The State CDRC will entertain
complaints when the value is more than Rs one crore but does not exceed Rs 10
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crore. Complaints with value of goods and services over Rs 10 crore will be
entertained by the National CDRC.

● Product liability: Product liability means the liability of a product manufacturer,


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service provider or seller to compensate a consumer for any harm or injury caused
by a defective good or deficient service. To claim compensation, a consumer has to
prove any one of the conditions for defect or deficiency, as given in the Bill.
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DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or
redistribute this report for non-commercial purposes in part or in full to any other person with due
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acknowledgement of PRS Legislative Research (“PRS”). The opinions expressed herein are entirely those of
the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not
represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit
group. This document has been prepared without regard to the objectives or opinions of those who may
receive it.
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