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Polity & Governanace

CURRENT AFFAIRS NOVEMBER 2019

Benami act

Issue
Illegal properties belonging to AIADMK ousted leader V.K.Sasikala have
been provisionally attached under the provisions of the Benami
Transactions (Prohibition) Act.

Background
According to the officials, after demonetisation, Sasikala allegedly
procured the properties by using up ₹1500 crore in demonetised notes
under fictitious names.

Details
Benami Act, 1988
The act defines a 'benami' transaction as any transaction in which
property is transferred to one person for consideration paid by another
person.
The act bans all benami transactions and gives the government the right
to recover property held benami without paying any compensation.

New ammendments
Under the old Benami law the government could only acquire the benami
property for which a consideration had to be paid. However, under the
new law once a property is declared as 'benami' it will vest with the
government without payment of any consideration.

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In addition to loss of property, persons who are guilty of the offence of a


benami transaction would be liable for fine which may extend up to 25%
of the fair market value of the property and rigorous imprisonment up to
7 years.
In India, considering the family tradition it is a common practice that
property is often held in the name of the father/mother as a mark of
respect but the funds are provided by the child. These types of
transactions can now get covered under the new Benami law.

After amendment section 3 of Amended Benami Act reads as under :


“Section 3. Prohibition of benami transactions.—
No person shall enter into any benami transaction.
Whoever enters into any benami transaction shall be punishable with
imprisonment for a term which may extend to three years or with fine or
with both.
Whoever enters into any benami transaction on and after the date of
commencement of the Benami Transactions (Prohibition) Amendment
Act, 2016 (43 of 2016) shall, notwithstanding anything contained in sub-
section (2), be punishable in accordance with the provisions contained in
Chapter VII.
Notes

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Overseas Citizenship of India

Issue
The government has announced it will revoke the Overseas Citizen of
India (OCI) card to famous author and journalist Aatish Taseer.
Authorities accused him of attempting to conceal information that his
father, Salman Taseer, was of Pakistani origin.

Background
According to Home Ministry guidelines, one of the grounds on which OCI
registration can be cancelled is when it becomes necessary to do so in
the interest of the sovereignty, integrity and security of India.

Details
Overseas Citizenship of India (OCI)
The Overseas Citizenship of India is an immigration status permitting a
foreign citizen of Indian origin to live and work in the Republic of India
indefinitely.
The OCI was introduced in response to demands for dual citizenship by
the Indian diaspora, particularly in developed countries.
OCI is not to be misconstrued as 'dual citizenship'. OCI does not confer
political rights.
The registered Overseas Citizens of India shall not be entitled to the rights
conferred on a citizen of India under Article 16 of the Constitution with
regard to equality of opportunity in matters of public employment.

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Eligibility
The following categories of persons (except Pakistan and Bangladesh) 
are eligible to apply under OCI scheme:
Who is a citizen of another country, but was a citizen of India at the time
of, or at any time after, the commencement of the constitution; or
Who is a citizen of another country, but was eligible to become a citizen of
India at the time of the commencement of the constitution; or
Who is a citizen of another country, but belonged to a territory that
became part of India after the 15th day of August, 1947; or
Who is a child or a grand-child or a great grandchild of such a citizen;
or
(b) A person, who is minor child of a person mentioned in clause (a); or
(c) A person, who is a minor child, and whose both parents are citizens of
India or one of the parents is a citizen of India; or
(d) Spouse of foreign origin of a citizen of India or spouse of foreign origin
of an Overseas Citizen of india Cardholder registered under section 7A,
Citizenship Act 1955 and whose marriage has been registered and
subsisted for a continuous period of not less than two years immediately
preceding the presentation of the application under this section.
Reasons for revoking OCI card
The registration as an overseas citizen of India was obtained by means of
fraud, false representation or the concealment of any material fact.
The overseas citizen of India has shown disaffection towards the
Constitution of India as by law established.
The overseas citizen of India has, during any war in which India may bee
engaged, unlawfully traded or communicated with an enemy or been
engaged in, or associated with, any business or commercial activity that
was to his knowledge carried on in such manner as to assist an enemy in
that war.
The overseas citizen of India has, within five years after registration
under sub-section(1) of section 7A has been sentenced to imprisonment
for a term of not less than two years.
It is necessary so to do in the interest of the sovereignty and integrity of
India, the security of India, friendly relations of India with any foreign
country, or in the interests of the general public.
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Ayodhya verdict to be out today

Issue
The Ayodhya dispute verdict, which is pending in Supreme Court since
past nine years will be pronounced today.

Background
The verdict in the Ram Janmabhoomi-Babri Masjid land title case will be
delivered by Supreme Court Chief Justice Ranjan Gogoi, bringing to a
close one of modern India’s longest-running Hindu-Muslim disputes.

Details
The Ayodhya dispute is a political, historical and socio-religious debate in
India, centred on a plot of land in the city of Ayodhya, Uttar Pradesh.
The issues revolve around the control of a site traditionally regarded
among Hindus to be the birthplace of the Hindu deity Rama, the history
and location of the Babri Masjid at the site, and whether a previous Hindu
temple was demolished or modified to create the mosque.
The Nirmohi Akhara, a religious denomination, had sought directions to
construct a Ram temple on the disputed land in Ayodhya and wanted the
management rights of the premises to be given to it.
Ram Lalla (or the infant Ram), represented by the Hindu Mahasabha,
wanted the entire land to be handed over to them, with no part going to
Muslim parties or the Nirmohi Akhara.

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The Sunni Waqf Board, which looks after religious properties, had
demanded that the Babri Masjid be restored to the form that existed before
it was brought down by Hindu groups on 6 December 1992.
The Allahabad High court had pronounced its judgement on 30 September
2010 with majority decision of 2:1, and held that the 22.7 acres (1.12 ha)
land located in Ayodhya will be divided into a three-way division, where one-
third for the Sunni Waqf Board, one-third for the Nirmohi Akhara and one-
third to the party for 'Ram Lalla' or infant Ram represented by the Hindu
Maha Sabha.

Babri Masjid demolition


After a provocative speech by political leaders on 6th of december 1992,
mob of violent political workers escaped protective barricades and
destroyed the Babri Masjid, which was a disputed building in the Ayodhya
case.
To investigate the occurance of events, a committee was formed involving a
retired judge, known as Liberhan commitee.
Notes

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Supreme court verdict on Ayodhya case

Issue
The Supreme court has delivered the final verdict in the Ayodhya case with
an almost unanimous decision, which brings to an end one of the longest
running issue in modern Indian history.

Background
The Ayodhya case was a dispute between Muslim and Hindu parties
regarding a piece of land which the Hindus claimed to be the birth place of
Lord Ram whereas the Muslims believed that the land belonged to the
now-destroyed Babri Masjid.

Details
The Supreme court bench led by CJI Ranjan Gogoi have given unanimous
decision regarding the ownership of the land which is as follows:
Supreme Court has granted the entire 2.77 acre of disputed land in
Ayodhya to deity Ram Lalla.
Supreme Court has directed the Centre and Uttar Pradesh government to
allot an alternative 5 acre land to the Muslims at a prominent place to
build a mosque.
The court has asked Centre to consider granting some kind of
representation to Nirmohi Akhara in setting up of trust. Nirmohi Akhara
was the third party in the Ayodhya dispute.
The Supreme Court dismissed the plea of Nirmohi Akhara, which was
seeking control of the entire disputed land, saying they are the custodian
of the land.
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Supreme Court has directed the Union government to set up a trust in 3


months for the construction of the Ram mandir at the disputed site where
Babri Masjid was demolished in 1992.
The Supreme Court said the underlying structure below the disputed site
at Ayodhya was not an Islamic structure, but the ASI has not established
whether a temple was demolished to build a mosque.
The court also said that the Hindus consider the disputed site as the
birthplace of Lord Ram while the Muslims also say the same about the
Babri Masjid site.
The court also said that the faith of the Hindus that Lord Ram was born at
the disputed site where the Babri Masjid once stood cannot be disputed.
The Supreme Court also said that the 1992 demolition of the 16th century
Babri Masjid mosque was a violation of law.
While reading out its judgment, the Supreme Court said that the UP Sunni
Central Waqf Board has failed to establish its case in Ayodhya dispute case
and Hindus have established their case that they were in possession of
outer courtyard of the disputed site.
Notes

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Disqualification of MLA’s

Issue
The Supreme court is set to announce the verdict on the disqualification
of 15 Karnataka Congress and JDS MLA’s, who had resigned from the
party.

Background
The resignations of 17 MLAs had brought down the 14-month JD(S)-
Congress government. They were disqualified in July 2019 by the then
Speaker K.R. Ramesh Kumar till the expiry of the Assembly term.

Details
The EC had postponed the bypolls, which were earlier scheduled on
October 21, in view of the pending petitions filed by the disqualified
legislators.
Though the electoral notification had been issued by the EC on September
27, enforcement of the model code of conduct was suspended till
November 10 since it would adversely impact development programmes
of the government.
The 10th schedule of the constitution, also called as anti-defection law
was used for disqualifying legislators who indulged in anti-party
activities, as claimed by the speaker of the house.

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Grounds for disqualification of legislator under Anti-defection law


If an elected member voluntarily gives up the membership of his political
party.
If the member votes, or does not vote in the legislature, contrary to the
directions of his political party. However, if the member has taken prior
permission, or is condoned by the party within 15 days from such voting or
abstention, the member shall not be disqualified.
If an independent candidate joins a political party after the election.
If a nominated member joins a party six months after he becomes a
member of the legislature.

Power to Disqualify
The Chairman or the Speaker of the House takes the decision to disqualify
a member.
If a complaint is received with respect to the defection of the Chairman or
Speaker, a member of the House elected by that House shall take the
decision.

Exceptions
The law allows a party to merge with or into another party provided that at
least two-thirds of its legislators are in favour of the merger.
In such a scenario, neither the members who decide to merge, nor the
ones who stay with the original party will face disqualification.

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Social security code

Issue
The Ministry of Labour and Employment is planning to draft a Social
Security Code which subsumes eight existing laws covering provident
fund, maternity benefits and pension.

Background
A draft of the social security code is one of the four codes that are part of
the Centre’s labour reforms agenda, was published on September 17 for
public comments and suggestions.

Details
Trade unions are against the proposal for provident fund, pension and
insurance funds to be administered by a central board, and a national
pension scheme that employees can opt for.
The opposing parties say that the first draft had provisions for the right to
social security for all and establishment of a central apex council, headed
by the Prime Minister, but these were missing from the latest draft.

Social security
Social security is any government system that provides monetary
assistance to people with an inadequate or no income.

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Need for social security


Social Security protects people against a variety of risks to ensure them a
basic floor of income in old age and to enable many people who have
struggled all their lives to look forward to a decent standard of comfort and
dignity when they retire.
Social Security is a particularly important source of income for groups with
low earnings and less opportunity to save and earn pensions.
Social Security is not just a retirement program, it is a family insurance
program. Social Security provides disability and life insurance benefits to
workers and their families.
Notes

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Pardoning power of the president

Issue
Sri Lanka’s President Sirisena has pardoned a death-row prisoner, who
had murdered a Swedish teenager, sparking national outrage.

Background
A pardon is a government decision to allow a person to be absolved of
guilt for an alleged crime or other legal offense, as if the act never
occurred. The pardon may be granted before or after conviction for the
crime, depending on the laws of the jurisdiction.

Pardoning powers in India


The pardoning powers of the Indian President are elucidated in Art 72 of
the Indian Constitution under the following:
in all cases where the punishment or sentence is by a Court Martial;
in all cases where the punishment or sentence is for an offence against
any law relating to a matter to which the executive power of the Union
extends;
in all cases where the sentence is a sentence of death.
Pardon
Completely absolving the person of the crime and letting him go free. The
pardoned criminal will be like a normal citizen.
Commutation
Changing the type of punishment given to the guilty into a less harsher
one. For example, a death penalty commuted to a life sentence.
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Reprieve
A delay allowed in the execution of a sentence, usually a death sentence, for
a guilty person to allow him some time to apply for Presidential Pardon or
some other legal remedy to prove his innocence or successful
rehabilitation.
Respite
Reducing the quantum or degree of the punishment to a criminal in view of
some special circumstances, like pregnancy, mental condition etc.
Remission
Changing the quantum of the punishment without changing its nature. for
eg. reducing 20 year rigorous imprisonment to 10 years.

Difference between pardoning powers of President and Governor


The power of the President to grant pardon extends in cases where the
punishment or sentence is by a Court Martial but Article 161 does not
provide any such power to the Governor.
The President can grant pardon in all cases where the sentence given is
sentence of death but pardoning power of Governor does not extend to
death sentence cases.
Notes

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Government for mation and role of governors

Issue
Maharashtra state is undergoing a crisis on government formation with
no parties having clear majority to stake claim to form the government. In
this case the role of governor has become important regarding his
decision to invite any party to form the government.

Background
The Shiv Sena has refused to back its pre-poll ally BJP, a coaliation that
had clear numbers. The other coaliation of NCP-Congress do not have
seats to form the government. The governor, going by tradition has invited
largest party to form the government and prove its majority on the floor of
the house.

Details
After the elections are conducted and results are declared, the governor
waits for the single largest party to stake claim for government formation
in the state.
If there is a pre-poll alliance which commands majority then the
government allows the alliance to stake claim to the power.
The majority party or coaliation produces the letter of support from the
newly elected MLAs and based on that the governor allows the process of
government formation to start.

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The leader of the single largest party or the coaliation is appointed as the
chief minister of the state and he will have to prove majority on the floor of
the house within a stipulated time, failing of which will result in falling of
the government.
Once the majority is proved, the chief minister recommends the names for
ministerial positions and the governor appoints them as ministers.

Governor’s role in case of hung assembly


The Sarkaria commission, which is considered a benchmark study says the
following:
If there is a single party having an absolute majority in the Assembly, the
leader of the party should automatically be asked to become the Chief
Minister.
However, if there is no such party, the Governor should select a Chief
Minister from among the following parties or group of parties by sounding
them, in turn, in the order of preference indicated below:
An alliance of parties that was formed prior to the Elections.
The largest single party staking a claim to form the government with the
support of others, including “independents.”
A post-electoral coalition of parties, with all the partners in the coalition
joining the Government.
A post-electoral alliance of parties, with some of the parties in the alliance
forming a Government and the remaining parties, including “independents”
supporting the Government from outside.

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Registration of NGOs cancelled for violating FCRA

Issue
Over 1,800 NGOs and academic institutes found to be violating laws by
receiving foreigh funds have been banned by the government.

Background
As per FCRA guidelines, registered associations are required to submit
electronically an online annual report with scanned copies of income and
expenditure statement, receipts and payment account, balance sheet,
etc., for every financial year within nine months of the closure of the
financial year.

Details
Among those whose registration under the Foreign Contribution
(Regulation) Act has been banned include University of Rajasthan,
Allahabad Agricultural Institute, Young Mens Christian Association,
Gujarat and Swami Vivekananda Educational Society, Karnataka.
The FCRA registration of these organisations were cancelled mostly due
to their failure to submit annual income and expenditure statement on
foreign funding for up to six years despite repeated reminders.

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Foreign Contribution Regulation Act, 2010 (FCRA)


The Foreign Contribution (regulation) Act, 2010 is an act of the Parliament
of India, by the 42nd Act of 2010.
It is a consolidating act whose scope is to regulate the acceptance and
utilisation of foreign contribution or foreign hospitality by certain
individuals or associations or companies and to prohibit acceptance and
utilisation of foreign contribution or foreign hospitality for any activities
detrimental to the national interest and for matters connected to it.

Key features
Every member of an NGO must also now, under oath, through an affidavit,
certify that they have never been involved in "diverting" foreign funds or
propagating "sedition" or "advocating violent means”.
Earlier, the applicant or director-level person was to given this declaration
but now all members of the NGO need to be given this declaration.
Earlier, as per the market value of the gift item in India was Rs. 25,000,
now it has been raised to Rs. one lakh.
If any individual, from NGO, hospitalized during a foreign visit, he/she has
to be intimated the government within one month.

FCRA 2010 will not apply to FC accepted


from a relative (under FCRA 1976 prior approval of CG is required for
receipt of FC in excess of ` 8000 p.a.)
by way of any scholarship, stipend or any payment of like nature

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President’s rule in Maharashtra

Issue
President Ram Nath Kovind has approved a proclamation imposing
President’s Rule in Maharashtra, following a recommendation from
Governor Bhagat Singh Koshyari.

Background
The Union Cabinet, led by Prime Minister Narendra Modi, met and
approved a recommendation to the President to issue a proclamation
under Article 356(1) of the Constitution.

Details
In his report to the President, the governor said a situation had arisen in
which it was impossible to constitute or form a stable government in the
State, and the government could not be carried on in accordance with the
provisions of the Constitution.
Under the proclaimation, the Legislative Assembly will be kept under
suspended animation and functions of the state will be carried out by the
governor on behalf of the President.

State Emergency or President’s rule


The president's rule is the suspension of state government and imposition
of direct central government rule in a state.

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Under Article 356 of the Constitution of India, in the event that a state
government is unable to function according to constitutional provisions,
the Central government can take direct control of the state machinery.
Subsequently, executive authority is exercised through the centrally
appointed governor, who has the authority to appoint other administrators
to assist them.
The president's rule has been imposed under any one of the following
different circumstances:
A state legislature is unable to elect a leader as chief minister for a time
prescribed by the Governor of that state, at the Will of Governor.
Breakdown of a coalition leading to the Chief minister having minority
support in the house and the Chief minister fails/will definitely fail to prove
otherwise, within a time prescribed by the Governor of that state.
Loss of majority in the assembly due to a vote of no-confidence in the
house.
Elections postponed for unavoidable reasons like war, epidemic or natural
disasters.
Article 356 state that the president can invoke president rule in a state on
the report of the governor if the state machinery/legislature fails to abide
by constitutional norms.
If approved by both houses, president's rule can continue for 6 months. It
can be extended for a maximum of 3 years with the approval of the
Parliament done every 6 months.
If the Lok Sabha is dissolved during this time, the rule is valid for 30 days
from the first sitting of the Lok Sabha provided that this continuance has
already been approved by Rajya Sabha.
The 44th Amendment Act of 1978 introduced a new provision to put a
restraint on the power of the Parliament to extend the president's rule in a
state.
According to this provision, the president's rule can only be extended over
a year every 6 months under the following conditions:
There is already a national emergency throughout India, or in the whole or
any part of the state.

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The Election Commission certifies that elections cannot be conducted in the


concerned state.
President's rule can be revoked at any time by the president and does not
need the Parliament's approval.

Criticism
Article 356 gave wide powers to the central government to assert its
authority over a state if civil unrest occurs, and the state government does
not have the means to end it.
The practice was limited only after the Supreme Court established strict
guidelines for imposing president's rule in its ruling on the S. R. Bommai v.
Union of India case in 1994. This landmark judgement has helped curtail
the widespread misuse of Article 356.
The Sarkaria Commission Report on Centre-State Relations 1983 has
recommended that Article 356 must be used very sparingly, in extreme
cases, as a measure of last resort, when all the other alternatives fail to
prevent or rectify a breakdown of constitutional machinery in the state.

Notes

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CJI to come under RTI act

Issue
The Supreme Court has ruled that the office of the Chief Justice of India is
a public authority under the Right to Information Act.

Background
The move to bring the office of the CJI under the transparency law was
initiated by RTI activist SC Agrawal.
It is alleged that moves of the CJI such as appointment system through
collegium as well as rooster for hearing cases have been shrouded in
secrecy and must come out in public domain.

Details
While ruling that the office of the CJI is a public authority, the Supreme
Court held that RTI cannot be used as a tool of surveillance and that
judicial independence has to be kept in mind while dealing with
transparency.
Offices such as those of the Prime Minister and the President too are
public authorities under the RTI Act. But public authorities have often
denied information quoting separate observations by the Supreme Court.

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Chief Justice of India


The Chief Justice of India (CJI) is the head of the judiciary of India and the
Supreme Court of India. The CJI also heads their administrative functions.
As head of the supreme court, the chief justice is responsible for the
allocation of cases and appointment of constitutional benches which deal
with important matters of law

Appointment
Article 124 of the Constitution of India provides the matter of appointing
judges of the Supreme Court. No specific provision exists in the
Constitution for appointing the Chief Justice, who as a result, is appointed
like the other judges conventionally.
The outgoing CJI recommends the name of the senior-most judge (i.e. by
date of appointment to the Supreme Court) for appointment by the
President of India, as his successor.

Removal
Article 124(4) of Constitution of India lays down the procedure for removal
of a Judge of Supreme Court which is applicable to Chief Justice as well.
Once appointed, the Chief Justice remains in the office until the age of 65
years. He can be removed only through a process of impeachment by
Parliament.

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Surveillance laws in India

Issue
Pakistan became the first country in the world to introduce a new typhoid
vaccine in an effort to combat a drug-resistant strain of the potentially
fatal disease.

Issue
Many publications had reported that phones of several dozen Indian
journalists, lawyers and human rights activists had been compromised
using an invasive Israeli-developed malware called Pegasus.

Background
In 1996, the Supreme Court noted that there was a lack of procedural
safeguards in the Indian Telegraph Act. It laid down some guidelines that
were later codified into rules in 2007.

Details
There are legal routes to surveillance that can be conducted by the
government. The laws governing this are the Indian Telegraph Act, 1885,
which deals with interception of calls, and the Information Technology
(IT) Act, 2000, which deals with interception of data.
Under both laws, only the government, under certain circumstances, is
permitted to conduct surveillance, and not private actors.

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Hacking is expressly prohibited under the IT Act. Section 43 and Section


66 of the IT Act cover the civil and criminal offences of data theft and
hacking respectively. Section 66B covers punishment for dishonestly
receiving stolen computer resource or communication.
The punishment includes imprisonment for a term which may extend to
three years.
The rules state that only the competent authority can issue an order for
the interception, monitoring or decryption of any information generated,
transmitted, received or stored in any computer resource (mobile
phones would count).
The competent authority is once again the Union Home Secretary or
State Secretaries in charge of the Home Departments.

Right to Privacy
The Supreme Court in a landmark decision in August, 2017 (Justice K. S.
Puttaswamy (Retd.) and Anr. vs Union Of India And Others) unanimously
upheld right to privacy as a fundamental right under Articles 14, 19 and
21 of the Constitution.

Data protection law


The government constituted a Data Protection Committee under retired
Justice B.N. Srikrishna. It held public hearings across India and
submitted a draft data protection law in 2018 which Parliament is yet to
enact.

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Places of Worship Act 1991

Issue
The Babri Masjid demolition has brought other controversial places in the
news too such as Shahi Masjid in Mathura and Gyanwapi Masjid in
Varanasi. To protect these structures from extremist organisations, the
government had enacted the Places of Worship Act in 1991.

Background
In the backdrop of popular agitation, the P.V. Narasimha Rao government
had enacted, in September 1991, a special law to freeze the status of
places of worship in these places.

Details
Aim of the Act
The aim of the Act was to freeze the status of any place of worship as it
existed on August 15, 1947.
It was also to provide for the maintenance of the religious character of
such a place of worship as on that day.
It was intended to pre-empt new claims by any group about the past
status of any place of worship and attempts to reclaim the structures or
the land on which they stood.
It was hoped that the legislation would help the preservation of communal
harmony in the long run.

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Provisions
The Act declares that the religious character of a place of worship shall
continue to be the same as it was on August 15, 1947.
It says no person shall convert any place of worship of any religious
denomination into one of a different denomination or section.
It declares that all suits, appeals or any other proceedings regarding
converting the character of a place of worship, which are pending before
any court or authority on August 15, 1947, will abate as soon as the law
comes into force. No further legal proceedings can be instituted.
These provisions will not apply to ancient and historical monuments and
archaeological sites and remains that are covered by the Ancient
Monuments and Archaeological Sites and Remains Act, 1958; a suit that
has been finally settled or disposed of; and any dispute that has been
settled by the parties or conversion of any place that took place by
acquiescence before the Act commenced.
The Act does not apply to the place of worship commonly referred to as
Ram Janmabhoomi-Babri Masjid in Ayodhya.

Penal provisions
Anyone who defies the bar on conversion of the status of a place of
worship is liable to be prosecuted.
The Act provides for imprisonment up to three years and a fine for anyone
contravening the prohibition. Those abetting or participating in a criminal
conspiracy to commit this offence will also be punished to the same extent.

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Review petition

Issue
The All India Muslim Personal Law Board (AIMPLB) and Jamiat ulama i
Hind announced have that they would file review petitions on the Supreme
Court judgment in the Ram Janmabhoomi-Babri Masjid dispute.

Background
The expert panel of the litigant observed that the judgment was against
the Babri Masjid and it was not a final judgment as the option of reviewing
is available under the Constitution.

Details
The parties against the verdict have been thinking about challenging the
apex court’s decision in front of a review bench.
In India, a binding decision of the Supreme Court/High Court can be
reviewed in Review Petition. The parties aggrieved on any order of the
Supreme Court on any apparent error can file a review petition.

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Review petitions
Article 137 of the Constitution provides that subject to provisions of any
law and rule made under Article 145 the Supreme Court of India has the
power to review any judgement pronounced (or order made) by it.
Under Supreme Court Rules, 1966 such a petition needs to be filed within
30 days from the date of judgement or order.
It is also recommended that the petition should be circulated without oral
arguments to the same bench of judges that delivered the judgement (or
order) sought to be reviewed.
Even after dismissal of a review petition, the SC may consider a curative
petition in order to prevent abuse of its process and to cure gross
miscarriage of justice.

Notes

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National status for political parties

Issue
The Election Commission of India is likely to take a call on whether the
Nationalist Congress Party, the All-India Trinamool Congress and the
Communist Party of India can continue to have the status of national
parties.

Background
A party’s candidates have to secure at least 6% vote share in four States
or more and it must have at least four Lok Sabha MPs for the status.

Details
The ECI has been hearing the issue of de-recognition of the three parties
after their performance in the Lok Sabha elections.
An ECI official said the parties had asked for more time since Assembly
elections in Jharkhand, scheduled to finish in December, and Delhi,
expected to go to polls in early 2020, were coming up.

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National Party criteria


A registered party is recognised as a national party only if it fulfils any one
of the following three conditions:
A party wins 2% of seats in the Lok sabha from at least three different
states.
At a general election to Lok Sabha or Legislative Assembly, the party polls
6% of votes in any four or more states and in addition it wins four Lok
Sabha seats.
A party gets recognition as a state party in four states.

Benefits of National party


A recognised party enjoys privileges like a reserved party symbol, free
broadcast time on state run television and radio, a consultation in setting of
election dates and giving input in setting electoral rules and regulations.
Notes

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Labour code bill

Issue
The Union Cabinet has approved The Industrial Relations Code Bill, 2019,
which proposes to amalgamate The Trade Unions Act, 1926, The
Industrial Employment (Standing Orders) Act, 1946, and The Industrial
Disputes Act, 1947.

Background
The government had floated a draft Note for the Cabinet along with The
Labour Code on Industrial Relations Bill, for inter-ministerial
consultations. This is the third Code in the government’s proposed
codification of central labour laws into four Codes.

Details
Parliament has already approved The Code on Wages, 2019. The
Occupational Safety, Health and Working Conditions Code was introduced
in Lok Sabha in July, and is now with the Standing Committee on Labour.
The most important aspect of the Bill is that it presents the legal
framework for ushering in the concept of ‘fixed-term employment’
through contract workers on a pan-India basis. The move to include it in
a central law will help in wider reach, and states are expected to follow
similar applicability. The bill will insure the pan-India impact of the move.

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Highlights
The threshold required for government permission for retrenchment has
been kept unchanged at 100 employees, as against the proposal for 300
employees in an earlier draft of the Bill, which was opposed by trade
unions. With the introduction of fixed-term employment, companies will be
able to hire workers directly under a fixed-term contract, with the
flexibility to tweak the length of the contract based on the seasonality of
industry. These workers will be treated on a par with regular workers
during the tenure of the contract.

Benefits
The provision of fixed-term employment helps in the flow of social security
benefits to all workers along with making it easier for companies to hire
and fire in The Industrial Relations Code Bill. Fixed-term employment will
help in keeping salaries and facilities to workers such as PF, gratuity, and
medical benefits, the same as those for permanent labour. Inclusion in the
central law will help in applicability of fixed-term employment uniformly
across the country.

Drawbacks
The unclear provision regarding retrenchment would lead to uncertainty,
and discretionary behaviour during implementation by the central or state
government. The discretion in law leads to uncertainty, lack of clarity,
discriminatory implementation, and provides scope for unnecessary
usage.

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National Constitution day

Issue
The government is celebrating ‘Constitution Day’ or ‘Samvidhan Diwas’ to
mark the 70th anniversary of adoption of the Constitution by the
Constituent Assembly.

Background
A Constitution is an important law of the land. It determines the
relationship of the citizens with the governments.
It lays down principles and guidelines which are required for people
belonging to different ethnic and religious groups to live in harmony.

Special features of our constitution


The Indian Constitution is remarkable for many outstanding features
which make it different from the other constitutions, even though it has
been prepared after “ransacking all the known Constitutions of the world”
and most of its provisions are substantially borrowed from others.

Britain: Parliamentary government, Rule of Law, Legislative procedure,


Single citizenship,Cabinet system, Prerogative writs, Parliamentary
privileges, Bicameralism.
USA: Impeachment of the president, Functions of president and vice-
president,Removal of Supreme Court and High court judges, Fundamental
Rights.

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Canada: Centrifugal form of federalism where the centre is stronger than


the states, Residuary powers vest with the centre, Centre appoints the
Governors at the states, Advisory jurisdiction of the supreme court.
Australia: Concept of Concurrent list, Article 108 i.e. Joint sitting of the two
houses, Freedom of trade and commerce.
Russia: Fundamental duties, The ideals of justice (social, economic and
political), expressed in the Preamble.
France: Concept of “Republic”, Ideals of Liberty, Equality and
Fraternity(contained in the Preamble).
Germany: Fundamental Rights are suspended during Emergency.
South Africa: Election of members of the Rajya Sabha, Amendment of the
Constitution.
Japan: Concept of “procedure established by Law”.
The Indian Constitution is the most lengthy and detailed handwritten
constitution of any sovereign country in the world.
Our constitution has a single integrated system of Courts for the Union as
well as the States which administer both Union and State laws, and the
Supreme Court heads the entire system.
Another remarkable feature of the Indian Constitution is that it confers
upon a federal system the strength of a unitary government. Though
normally the system of government is federal, the Constitution enables the
federation to transform itself into a unitary State.
The President has been given the power of Emergency to tackle the
unusual situations where the security of any part or whole of India is
threatened, to maintain the sovereignty, unity, and integrity of the nation.

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House rules on unruly MPs

Issue
The suspension of two Congress members by Lok Sabha Speaker after
unruly scenes in the House has brought back focus on the conduct of MPs,
and related issues.

Background
Lok Sabha’s Rules Committee had recommended automatic suspension of
members who entered the well of the House or wilfully obstructed
business by shouting slogans despite being repeatedly warned by the
Chair.

Details
Rule 378 of the Rules for the Conduct of Business states: “The Speaker
shall preserve order and shall have all powers necessary for the purpose
of enforcing own decisions.”
Rule 373 says: “The Speaker, if is of the opinion that the conduct of any
member is grossly disorderly, may direct such member to withdraw
immediately from the House, and any member so ordered to withdraw shall
do so forthwith and shall remain absent during the remainder of the day’s
sitting.
”Rule 374 says:
The Speaker may, if deems it necessary, name a member who disregards
the authority of the Chair or abuses the rules of the House by persistently
and wilfully obstructing the business thereof.

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If a member is so named by the Speaker, the Speaker shall, on a motion


being made forthwith put the question that the member (naming such
member) be suspended from the service of the House for a period not
exceeding the remainder of the session: Provided that the House may, at
any time, on a motion being made, resolve that such suspension be
terminated.
A member suspended under this rule shall forthwith withdraw from the
precincts of the House.

Notes

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Transgender person’s bill 2019

Issue
The Rajya Sabha passed a bill on protection of rights of transgenders after
a motion to refer it to a Select Committee of the Upper House was
defeated. The Lok Sabha had passed the Bill on August 5 this year.

Details
The Transgender Persons (Protection of Rights) Bill, 2019, seeks to
provide a mechanism for social, economic and educational empowerment
of transgenders.

Highlights
Definition of a transgender person: The Bill defines a transgender person
as one whose gender does not match the gender assigned at birth. It
includes trans-men and trans-women, persons with intersex variations,
gender-queers, and persons with socio-cultural identities, such as kinnar
and hijra.
Prohibition against discrimination: The Bill prohibits the discrimination
against a transgender person, including denial of service or unfair
treatment in relation to: (i) education; (ii) employment; (iii) healthcare; (iv)
access to, or enjoyment of goods, facilities, opportunities available to the
public; (v) right to movement; (vi) right to reside, rent, or otherwise occupy
property; (vii) opportunity to hold public or private office; and (viii) access
to a government or private establishment.

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Right of residence: Every transgender person shall have a right to reside


and be included in his household. If the immediate family is unable to care
for the transgender person, the person may be placed in a rehabilitation
centre, on the orders of a competent court.
Health care: The government must take steps to provide health facilities to
transgender persons including separate HIV surveillance centres, and
sex reassignment surgeries.
National Council for Transgender persons (NCT): The NCT will consist of:
(i) Union Minister for Social Justice (Chairperson); (ii) Minister of State for
Social Justice (Vice- Chairperson); (iii) Secretary of the Ministry of Social
Justice; (iv) one representative from ministries including Health, Home
Affairs, and Human Resources Development.
Other members include representatives of the NITI Aayog, and the
National Human Rights Commission. State governments will also be
represented.
The Council will also consist of five members from the transgender
community and five experts from non-governmental organisations.

Drawbacks
The biggest opposition is the requisite for a screening committee to certify
a person’s trans status. If they want to get a trans ID, they will have to
approach a District Magistrate.
There is a Bill’s punishment clause, that enforces a maximum of two years
imprisonment in a case of assault or gender-based violence. Any
punishment of less than three years is bailable at the police station.
The Bill criminalises begging without offering reservations for
employment and education.
The enforcement of a minor’s right of residence that compels any
transperson below 18 to cohabit with their natal family, failing which the
child will be moved to a rehabilitation home, a place to modify delinquent
behaviour.

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The S R Bommai judgement on centre-state relationship

Issue
The Supreme Court directed Maharashtra Governor Bhagat Singh
Koshyari to ensure that the trust vote be held on 27th November.

Background
Several observations were made by the Supreme Court in its order, which
will be relevant for this and similar situations involving the role of the
Governor in a hung House in the future. The most important reference
among this is ‘S R Bommai case’.

Details
The historic judgment by the nine-judge Bench in SR Bommai vs Union of
India in March 1994 laid down the supremacy of the floor test in
determining the support enjoyed by the party in power.
In September 1988, a legislator from the Janata Dal, defected from the
party, and presented a letter to Governor along with petitions from 19
other members of the Legislative Assembly, stating their decision to
withdraw support to the Bommai government.
The government of Prime Minister Rajiv Gandhi at the Centre dismissed
the state government using Article 356, without giving Bommai a chance to
prove his majority, and imposed President’s Rule.
The Karnataka decision was seen as controversial, and more such
examples followed across India.

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The nine-judge Bench in the Bommai case adjudicated on a range of issues


around the constitutional limitations of the use of Article 356.

Highlights of S R Bommai judgement


The court laid down a number of guidelines to curb the Centre’s capacity to
dismiss a state government, and upheld the federal structure enshrined in
the Constitution.
The ruling laid down the law that the only way to determine support enjoyed
by a particular state government would be by means of a floor test.
The court ruled that the validity of a proclamation of President’s Rule is
subject to judicial review.
The court said that the only time the President shall have unconditional
powers to dissolve a state government is when there is a complete
breakdown of constitutional machinery.
The judgment also underlined the secular nature of the Constitution in the
wake of the Babri demolition, and said that a party cannot resort to religion
for the sake of gaining power and, if found to be indulging in religious
politics, could be acted against using Article 356.

Significance of the judgement


Since the Constitution came into force, President’s Rule under Article 356
has been imposed on states on over 100 occasions without any concrete
reasons. These instances, however, declined considerably after the S R
Bommai ruling.

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Government extends tenure of Finance commission

Issue
The Union cabinet extended the tenure of the 15th Finance Commission by
a year to October 30, 2020. The term of the commission was originally set
to end in October, but was first extended by a month to November 30.

Background
The extension was given on the grounds of the change in the stature of
Jammu & Kashmir. Besides, there were delays on account of the model
code of conduct of the elections.

Details
The commission is headed by former expenditure secretary and Planning
Commission member N.K. Singh.
The cabinet decision means the Commission will recommend its award to
six fiscal years, instead of the usual five.
Making a five-year coverage available for the commission beyond April
2021, will help both state and central governments design schemes with
medium- to long-term financial perspective and provide adequate time for
mid-course evaluation and correction.

Finance Commission
Article 280 of the Constitution states that the President shall constitute a
Finance Commission at the expiration of every fifth year or at such earlier
time as the President considers necessary. It is a constitutional body.

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The Central Information commission was established in 2005 by the


Government of India under the provisions of the Right to Information Act
(2005). It is a statutory body. Tenure is 5 years or 65 years of age,
whichever is earlier.

Functions
Distribution of net proceeds of taxes between Center and the States, to
be divided as per their respective contributions to the taxes.
Determine factors governing Grants-in-Aid to the states and the
magnitude of the same.
To make recommendations to the president as to the measures needed
to augment the Fund of a State to supplement the resources of the
panchayats and municipalities in the state on the basis of the
recommendations made by the finance commission of the state.
Any other matter related to it by the president in the interest of sound
finance.

Membership and criteria


As per the Constitution, the Commission is appointed every five years
and consists of a chairman and four other members.
The Chairman of a finance commission is selected from people with
experience of public affairs. The other four members are selected from
people who:
Are, or have been, or are qualified, as judges of a high court,
Have knowledge of government finances or accounts, or
Have had experience in administration and financial expertise; or
Have special knowledge of economics

Powers
Has all powers of a civil court as per the Civil Procedure Code, 1908.
Can summon and enforce the attendance of any witness or ask any
person to deliver information or produce a document, which it deems
relevant.
Can ask for the production of any public record or document from any
court or office.
Shall be deemed to be a civil court for purposes of Sections 480 and
482 of the Code of Criminal Procedure, 1898.

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Disqualification of members
He is mentally unsound;
He is an undischarged insolvent;
He has been convicted of an immoral offence;
His financial and other interests are such that it hinders the smooth
functioning of the commission.

Notes

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Central Information commission

Issue
The Central Information Commission was not consulted regarding the
Right to Information Amendment Act, 2019 or the Rules of the Act,
according to a RTI application.

Background
The Rules to the RTI Amendment Act were notified in October, and reduced
the tenure of the Commissioners from five to three years, while also
downgrading their status and allowances.

Details
The amendments to the transparency legislation were enacted in July, and
gave the Centre the power to determine the tenure, salary and perks of the
State and Central Information Commissioners.
RTI users and activists have warned that this move will dilute the
autonomy and efficacy of the Commissions.

Central Information Commission


Central Information Commission includes 1 Chief Information
Commissioner (CIC) and not more than 10 Information Commissioners (IC)
who are appointed by the President of India on the recommendations of a
Committee.

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The Central Information commission was established in 2005 by the


Government of India under the provisions of the Right to Information Act
(2005). It is a statutory body. Tenure is 5 years or 65 years of age,
whichever is earlier.

Appointment
Committee consisting the Prime Minister, Leader of Opposition in the Lok
Sabha and a Union Cabinet Minister as nominated by the Prime Minister.
Approved by the President.
They should be persons of eminence in public life with experience and
knowledge & Law, management, journalism, science & technology,
administration & governance, mass media and social service.
They should not be members of legislative assembly of any state or Union
territory.
They should not be connected with any political party or carrying any
business, they should not hold any office of profit or pursuing any other
profession.

Functions
It looks into complaints and appeals pertaining to offices, public sector
undertakings, financial institutions etc., under the government and the
Union territories.
It acts upon complaints from those individuals who have not been able to
submit information requests to a Central Public Information Officer or
State Public Information Officer.

Powers
The commission can order inquiry into any matter if there are reasonable
grounds.
The commission has the power to secure compliance of its decisions from
the public authority.
The commission may recommend steps which ought to be taken for
promoting such conformity, if public authority does not conform to the
provisions of this act.
It is the duty of the commission to receive and inquire into a complaint
from any person:

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Who has not received response to his information request within the
specified time limits;
Who thinks information given is incomplete, misleading or false and any
other matter relating to obtaining information.
Who has not been able to submit an information request because of non-
appointment of a Public Information Officer;
Who thinks the fees charged are unreasonable;
Who has refused information that was requested.
During the inquiry of a complaint, the commission may examine any
record which is under the control of the public authority and no such
record may be withheld from it on any grounds. In other words, all public
records must be given to the commission during inquiry for examination.
While inquiring, the commission has the powers of a civil court
The commission submits an annual report to the central government on
the implementation of the provisions of this act. The central government
places this report before each house of Parliament

Notes

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Parliamentary motions

Issue
The Congress and other parties of the United Progressive Alliance (UPA)
are set to move a censure motion in the Lok Sabha against MP Pragya
Thakur for her remarks on Mahatma Gandhi's assassin Nathuram Godse.

Parliamentary Motions
In parliamentary procedure, a motion is a formal proposal by a member of
a deliberative assembly that the assembly take certain action. Generally, a
motion should be phrased in a way to take an action or express an opinion.

Different types of Parliamentary motions


Privilege Motion
A privileged motion is a motion that is granted precedence over ordinary
business because it concerns matters of great importance or urgency.
Such motions are not debatable, although in case of questions of privilege,
the chair may feel the need to obtain relevant facts from members.

Censure Motion
A censure means an expression of strong disapproval or harsh criticism.
It can be a stern rebuke by a legislature, generally opposition against the
policies of Government or an individual minister. However, it can also be
passed to criticise, condemn some act. A censure motion can be moved in
lower house of the parliament or in a state assembly in India.
It is moved by opposition against a specific policy of government or
against a minister or against the whole council of ministers.
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Calling-Attention Motion
Calling attention is a type of motion introduced by a member to call the
attention of a minister to a matter of urgent public importance. The
minister is expected to make authoritative statement from him on that
matter. It can be introduced in any house of the parliament.

Adjournment Motion
The primary object of an adjournment motion is to draw the attention of
Lok Sabha to a recent matter of urgent public importance having serious
consequences and in regard to which a motion or a resolution with proper
notice will be too late.
Adjournment motion is allowed only in Lok Sabha (or in state legislative
assembly) and not in Rajya Sabha (or in Legislative Council).
Conditions
Such a motion needs support of at least 50 members. It should be
introduced on a matter of definite and urgent public importance. However,
it should not cover more than one matter and be restricted to that matter
only.
A question of privilege or any other questions which can be raised via
other distinct motion cannot be raised in adjournment motion.

Cut Motions
After the budget is presented in Parliament and discussions over it are
completed, the members get an opportunity to move cut motions to reduce
the amount of budgetary grants. The members from particular parties or
coalitions may bring their own cut motions.
Policy Cut
This type of cut motion aims that the amount of the demand be reduced to
Re. 1. It represents the complete disapproval of policy underlying the
demand.
Token Cut
This Cut Motion aims that the amount of the Demand be reduced by Rs.
100” in order to ventilate a specific grievance, which is within the sphere of
responsibility of the government of India.

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Economy cut
This type of cut motion aims that the amount of demand be reduced to
certain other amount and it represents that the demand for grants
should be altered.

No Confidence Motion
The constitutional provision behind this motion is Article 75, which says
that “Council of Ministers shall be collectively responsible to the Lok
Sabha”. Thus, a council of ministers stays in office as long as it enjoys the
confidence of majority of the members of Lok Sabha.
The motion has to be passed by simple majority. If passed, the Union
Council of Ministers has to resign and government at centre falls.
No-confidence motion can be moved only in Lok Sabha (or state assembly
as the case may be). It is not allowed in Rajya Sabha (or state legislative
council).
It is moved against the entire Council of Ministers and not individual
ministers or private members.
It needs support of at least 50 members when introduced in Lok Sabha.

Motion of Thanks
Motion of thanks is moved and voted in both houses parliament after the
inaugural speech of the president at the beginning of first session of new
Lok Sabha or the first session of a new year. This motion must be passed
in both of the houses. A failure to get motion of thanks passed (which may
happen rarely) amounts to defeat of government and leads to collapse of
government.

Closure Motion
Closure is one of the means by which a debate may be brought to an end
by a majority decision of the House, even though all Members wishing to
speak have not done so.

No-Day-Yet-Named Motion
Any other parliamentary motion which has not yet been named.

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Private Member’s Bill

Issue
Several members in the Lok Sabha have requested that private members’
Bills should be taken up on Wednesdays instead of Fridays and added that
time allotted for this should not be cut short.

Background
Private members’ bills are brought in by members of Parliament who are
not ministers. These bills are taken up only on Fridays.

Private Member’s Bill (PMB)


A Member of Parliament (MP) who is not a Minister in the Union Cabinet is
called a Private Member. Bills introduced by such members are called
Private Member's Bills.
A PMB can be introduced in either the Lok Sabha or Rajya Sabha. Bills
introduced by ministers are called Government Bills.
Generally, the 2.00 pm to 6.00 pm slot on alternate Fridays during
sessions are reserved for discussion on PMBs.
There are no restrictions as to what a PMB should be about. The scope of
a PMB is same as that of a Government Bill. These bills can deal with any
issue and can also be a Constitutional Amendment Bill.
Unlike a Government Bill, a PMB is not discussed by the Council of
Ministers internally.

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Procedure
PMBs are drafted by MPs themselves or by their staff. These bills are,
however, scrutinised and checked by the Parliament Secretariat for
technicalities and legal consistency.
The member has to provide a one-month notice along with a copy of the
‘Statement of Object and Reasons’. Through the statement, the member is
required to elaborate on the bill.
In case there are multiple PMBs being proposed at the same time, a ballot
system is used to determine the sequence of bills for introduction.
There is also a Parliamentary Committee on Private Member's Bills and
Resolutions that goes through all PMBs. The committee classifies these
Bills based on their urgency and importance, which in turn, determines
which would be discussed first.

Why PMBs fail to pass?


A successful passing of PMB is perceived by many as incompetence on
part of the government and intrusion into the respective ministry’s domain.
Governments in the past have also at times cut short the path of PMBs. If
such a bill is seen getting support in Parliament, the government requests
the MP to withdraw it and promises to introduce it as a Government Bill
instead.
Without support from the ruling party of the alliance, that command
majority, it becomes impossible to pass the bill especially in the Lok Sabha.

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