Government brings Resolution to repeal Article 370 of the Constitution              

Cabinet approves Ratification of the amended Framework Agreement of the ISA                                                                                                                                       

Workshop on ‘Role of Technology in Reuniting Missing Children & Trafficked Persons’                                                                                                                        

EWS quota: notice to T.N., Karnataka                                                                        

Surrogacy regulation Bill passed in Lok Sabha                                                        

Loksabha clears Transgender Persons (Protection of Rights) Bill 2019              

Government unveils draft e-com norms                                                                  

Bill for more Supreme Court judges gets Lok Sabha nod                                     

Government brings Resolution to repeal Article 370 of the Constitution

GS PAPER - 02 POLITY - Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Context :

• The President of India promulgated the Constitution (Application to Jammu and Kashmir) Order, 2019.

• Union Minister for Home Affairs, Shri Amit Shah, introduced two bills and two resolutions regarding Jammu & Kashmir (Js&K).

Bills and Resolution :

• Constitution (Application to Jammu & Kashmir) Order, 2019 {Ref. Article 370(1) of Constitution of India} – issued by President of India to supersede the 1954 order related to Article 370.

• Resolution for Repeal of Article 370 of the Constitution of India {Ref. Article 370 (3)}

• Jammu & Kashmir (Reorganisation) Bill, 2019 {Ref. Article 3 of Constitution of India} - Jammu & Kashmir a Union territory with a Legislative Assembly,along with Union Territory status to Ladakh without a Legislative Assembly.

• Jammu & Kashmir Reservation (2nd Amendment) Bill, 2019 - This bill seeks to extend the 10% quota to economically weaker sections of society in J&K in jobs and educational institutions.

Constitution (Application to Jammu and Kashmir) Order, 2019 :

• The notification by the president has effectively allowed the entire provisions of the Constitution, with all its amendments, exceptions and modifications, to apply to the area of Jammu and Kashmir.

• The Bill proposes wide powers to the Lieutenant Governor of the proposed Union Territory of Jammu and Kashmir and makes it the “duty” of the Chief Minister of the Union Territory to “communicate” all administrative decisions and proposals of legislation with the LG.

• All Central laws and State laws of J&K would apply to the new Union Territories of J&K and Ladakh.

• Assets and liabilities of J&K and Ladakh would be apportioned on the recommendation of a Central Committee within a year.

• Employees of State public sector undertakings and autonomous bodies would continue in their posts for another year until their allocations are determined.

• The police and public order is to be with the Centre.

• The notification amends the expression “Constituent Assembly”, contained in the proviso to clause (3) of Article 370, to mean “Legislative Assembly”.

Legislative powers of J&K :

• The Legislative Assembly may make laws for the whole or any part of the Union Territory of Jammu and Kashmir with respect to any of the matters enumerated in the state list except on subjects “public order” and “police” which will remain in the domain of the Centre vis-a-vis the LG.

• In case of inconsistencies between laws made by Parliament and laws made by the Legislative Assembly, earlier law shall prevail and law made by the Legislative Assembly shall be void.

• The role of the Chief Minister will be to communicate to the L-G all decisions of the Council of Ministers relating to the administration of the affairs of the Union Territory and proposals for legislation and to furnish such information relating to the administration of affairs as the L-G may call for.

Lieutenant Governor powers :

• The Bill specifies that the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh will have a common Lieutenant Governor.

• Appointment of L-G in Ladakh: The President shall appoint the L-G under article 239.

  • The L-G will be assisted by advisors appointed by the Centre since the Union Territory will not have a Legislative Assembly.

• In the case of Union Territory of Jammu and Kashmir, the L-G shall “act in his discretion” on issues which fall outside the purview of powers conferred on the Legislative Assembly, in which he is required to exercise any judicial functions, and/or matters related to All India services and the Anti-Corruption Bureau

• The Chief Minister shall be appointed by the L-G who will also appoint other ministers with the aid of the CM. The L-G shall also administer the oath of office and of secrecy to ministers and the CM.

• The L-G will have the power to promulgate ordinances which shall have the same force and effect as an act of the Legislative Assembly assented by the L-G.

Laws :

• The President had used his powers under Article 370 to fundamentally alter the provision, extending all Central laws, instruments and treaties to Kashmir. However, the drastically altered Article 370 will remain on the statute books.

• The order effectively abrogates the special status accorded to Jammu and Kashmir under the provision of Article 370 - whereby provisions of the Constitution which were applicable to other states were not applicable to Jammu and Kashmir (J&K).

• According to the Order, provisions of the Indian Constitution are now applicable in the State.

• This Order comes into force “at once”, and shall “supersede the Constitution (Application to Jammu and Kashmir) Order, 1954.”

Allocation of seats in the Parliament :

Rajyasabha :

• Presently, the State of Jammu and Kashmir has 4 seats allotted in the Council of States i.e. the Rajya Sabha, and the same shall be retained by the successor UT of Jammu and Kashmir.

  • Thus, the UT of Jammu and Kashmir will have the maximum number of seats in the Rajya Sabha among all the Union Territories.

  • Delhi has 3 seats and puducherry has 1.

• The UT of Ladakh, like the other Union Territories besides Delhi and Puducherry, will not have any seats in the Rajya Sabha as it does not have a Legislative Assembly of its own.

Loksabha :

• In the Lok Sabha, the existing State of Jammu and Kashmir has 6 seats allotted to it, 5 of which shall be allocated to the UT of Jammu and Kashmir and and 1 to the UT of Ladakh.

High court :

• The High Court of Jammu and Kashmir shall henceforth be the common High Court for both the Union Territories, and the Judges of the existing High Court shall continue to be the Judges of the common High Court.

Other provisions :

• The Constitution, Jammu and Kashmir (Scheduled Castes) Order, 1956 and the Constitution, Jammu and Kashmir (Scheduled Tribes) Order, 1989 shall continue to apply to both the Union Territories.

• The Bill also provides for establishment of the Consolidated Fund, Contingency Fund and the Public Account of the UT of Jammu and Kashmir.        

                                                                                                                  Source :- PIB ; The Hindu

Cabinet approves Ratification of the amended Framework Agreement of the ISA

GS PAPER - 02 INTERNATIONAL RELATIONS  - Important International institutions, agencies and fora- their structure, mandate.

Context :

• The Union Cabinet has approved the Ratification of the amended Framework Agreement of the International Solar Agreement (ISA) for opening up the ISA membership to all countries that are members of the United Nations.

Benefits :

• Opening of membership of the ISA to all countries that are members of the United Nations will put solar energy in global agenda with universal appeal for developing and deploying solar energy.

• Expanding membership will make the ISA inclusive, where to all countries that are members of the United Nations could member.

• It will further lead to ISA initiative benefitting the world at large.

                                                                                                                       Source :- PIB

Workshop on ‘Role of Technology in Reuniting Missing Children & Trafficked Persons’

GS PAPER - 02 GOVERNANCE - Government policies and interventions for development in various sectors and issues arising out of their design and implementation

Context :

• A one-day Workshop on ‘Role of Technology in Reuniting Missing Children & Trafficked Persons’ was jointly organised by National Crime Records Bureau, Ministry of Home Affairs, in collaboration with Indian Police Foundation

More about the workshop :

• The workshop deliberated on the use of biometrics by law enforcement agencies for the identification of persons.

• Use of biometrics is not a new practice in law enforcement; however, it was not as technologically advanced as present-day applications. Rise of computing and electronics have greatly assisted biometric applications to become faster, more secure and accurate.

• Use of biometrics has become a necessity in today’s complex world.

• It was emphasized that with the use of biometrics, law enforcement agencies can also locate large number of persons, especially children who are reported missing.

• Similarly, unidentified found persons and unidentified dead bodies can also be matched using biometrics with the existing records of missing persons and unidentified found persons.

• In a large population, it is the only mechanism to provide an accurate match and help people in reuniting with their families.

• Use of facial recognition technology for various applications, stressing upon the importance of identifying tools which would greatly facilitate the investigation of crime and detection of criminals and provide information for reuniting missing children and trafficked persons.

                                                                                                                              Source :- PIB

EWS quota: notice to T.N., Karnataka

GS PAPER - 02 GOVERNANCE - mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

Context :

• The Supreme Court asked the Tamil Nadu and Karnataka governments to reply to a petition seeking that they implement the 10% quota for economically weaker sections (EWS), in addition to the existing reservation.

Background :

• The 103rd Constitutional Amendment Act, 2019, granted 10% reservation to the EWS category in government jobs and educational institutions.

• Except for Tamil Nadu and Karnataka, all other State governments have implemented the reservation.

• Tamil Nadu has already granted 69% quota to Scheduled Castes, Scheduled Tribes, Backward Classes and the Most Backward Classes.

Petitioner Contention :

• The plea said Tamil Nadu had granted 69% quota to SCs, STs, BCs and MBCs whereas the percentage of reservation in Karnataka was 70.

• The EWS reservation is presumably to be implemented without disturbing the already existing quota benefits to the population belonging to the Scheduled Castes, Scheduled Tribes, Backward Classes and the Most Backward Classes.

• Some of the regional parties in Tamil Nadu are opposing the 10% EWS quota for EWS.

• The ceiling of 50% vertical reservation for SC, ST and BC was a judicial determination and not prescribed or mandated in the Constitution.

                                                                                                   Source :- The Hindu

Surrogacy regulation Bill passed in Lok Sabha

GS PAPER - 02 GOVERNANCE - Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.

Context :

• The Lok Sabha has passed the Surrogacy (Regulation) Bill, 2019 by a voice vote.

The Surrogacy (Regulation) Bill, 2019  :

• The Bill defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple.

Key Features :

• Regulation of surrogacy:

  • The Bill prohibits commercial surrogacy, but allows altruistic surrogacy. 

  • Altruistic surrogacy involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the pregnancy. 

  • Commercial surrogacy includes surrogacy or its related procedures undertaken for a monetary benefit or reward (in cash or kind) exceeding the basic medical expenses and insurance coverage.
     

• Purposes for which surrogacy is permitted: Surrogacy is permitted when it is:

  •  for intending couples who suffer from proven infertility;

  • altruistic;

  • not for commercial purposes;

  • not for producing children for sale, prostitution or other forms of exploitation; and

  • For any condition or disease specified through regulations.
     

• Eligibility criteria for intending couple: The intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority.
   

• A certificate of essentiality will be issued upon fulfilment of the following conditions:  

  • certificate of proven infertility of one or both members of the intending couple from a District Medical Board;

  • an order of parentage and custody of the surrogate child passed by a Magistrate’s court; and

  • insurance coverage for a period of 16 months covering postpartum delivery complications for the surrogate.
     

• The certificate of eligibility to the intending couple is issued upon fulfilment of the following conditions:

  • The couple being Indian citizens and married for at least five years;

  • between 23 to 50 years old (wife) and 26 to 55 years old (husband);

  • They do not have any surviving child (biological, adopted or surrogate); this would not include a child who is mentally or physically challenged or suffers from life threatening disorder or fatal illness; and

  • Other conditions that may be specified by regulations.

• Eligibility criteria for surrogate mother: To obtain a certificate of eligibility from the appropriate authority, the surrogate mother has to be:

  • a close relative of the intending couple;

  • a married woman having a child of her own;

  • 25 to 35 years old;

  • a surrogate only once in her lifetime; and

  • possess a certificate of medical and psychological fitness for surrogacy. 

Further, the surrogate mother cannot provide her own gametes for surrogacy.
 

• Appropriate authority: The central and state governments shall appoint one or more appropriate authorities within 90 days of the Bill becoming an Act.  The functions of the appropriate authority include;

  • granting, suspending or cancelling registration of surrogacy clinics;

  • enforcing standards for surrogacy clinics;

  • investigating and taking action against breach of the provisions of the Bill;

  • recommending modifications to the rules and regulations.
     

• Registration of surrogacy clinics: Surrogacy clinics cannot undertake surrogacy related procedures unless they are registered by the appropriate authority.

  •  Clinics must apply for registration within a period of 60 days from the date of appointment of the appropriate authority.
     

• National and State Surrogacy Boards: The central and the state governments shall constitute the National Surrogacy Board (NSB) and the State Surrogacy Boards (SSB), respectively.  Functions of the NSB include,

  • advising the central government on policy matters relating to surrogacy;

  • laying down the code of conduct of surrogacy clinics; and

  • supervising the functioning of SSBs.
     

• Parentage and abortion of surrogate child:

  • A child born out of a surrogacy procedure will be deemed to be the biological child of the intending couple. 

  • An abortion of the surrogate child requires the written consent of the surrogate mother and the authorisation of the appropriate authority. 

  • This authorisation must be compliant with the Medical Termination of Pregnancy Act, 1971. 

  • Further, the surrogate mother will have an option to withdraw from surrogacy before the embryo is implanted in her womb.
     

• Offences and penalties:

  • The offences under the Bill include:

    • undertaking or advertising commercial surrogacy;

    • exploiting the surrogate mother;

    • abandoning, exploiting or disowning a surrogate child; and

    • selling or importing human embryo or gametes for surrogacy. 

  • The penalty for such offences is imprisonment up to 10 years and a fine up to 10 lakh rupees. 

  • The Bill specifies a range of offences and penalties for other contraventions of the provisions of the Bill.

                                                                                                                  Source :- The Hindu

Loksabha clears Transgender Persons (Protection of Rights) Bill 2019

GS PAPER - 02 GOVERNANCE - Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context :

• The Lok Sabha passed the Transgender Persons (Protection of Rights) Bill 2019 by a voice vote.

Transgender Persons (Protection of Rights) Bill 2019 :

• 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. 

  • Intersex variations is defined to mean a person who at birth shows variation in his or her primary sexual characteristics, external genitalia, chromosomes, or hormones from the normative standard of male or female body.
     

• Prohibition against discrimination: The Bill prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to:

  • education;

  • employment;

  • healthcare;

  • access to, or enjoyment of goods, facilities, opportunities available to the public;

  • right to movement;

  • right to reside, rent, or otherwise occupy property;

  • opportunity to hold public or private office; and

  • access to a government or private establishment in whose care or custody a transgender person is.
     

• 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.

• Employment: No government or private entity can discriminate against a transgender person in employment matters, including recruitment, and promotion. 
              Every establishment is required to designate a person to be a complaint officer to deal with complaints in relation to the Act.

• Education: Educational institutions funded or recognised by the relevant government shall provide inclusive education, sports and recreational facilities for transgender persons, without discrimination.

• Health care: The government must take steps to provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.

  •  The government shall review medical curriculum to address health issues of transgender persons, and provide comprehensive medical insurance schemes for them.

• Certificate of identity for a transgender person: A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’. 

  • A revised certificate may be obtained only if the individual undergoes surgery to change their gender either as a male or a female.

• Welfare measures by the government: The Bill states that the relevant government will take measures to ensure the full inclusion and participation of transgender persons in society. 

  • It must also take steps for their rescue and rehabilitation, vocational training and self-employment, create schemes that are transgender sensitive, and promote their participation in cultural activities.
     

• Offences and penalties: The Bill recognizes the following offences against transgender persons:

  • forced or bonded labour (excluding compulsory government service for public purposes),

  • denial of use of public places,

  • removal from household, and village,

  • physical, sexual, verbal, emotional or economic abuse. 

Penalties for these offences vary between six months and two years, and a fine.

• National Council for Transgender persons (NCT): 

  • The Council will advise the central government as well as monitor the impact of policies, legislation and projects with respect to transgender persons.

  • It will also redress the grievances of transgender persons.

                                                                                                                          Source :- The Hindu

Government unveils draft e-com norms

GS PAPER - 02 GOVERNANCE - Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context :

• The Ministry of Consumer Affairs has introduced the draft e-commerce guidelines for consumer protection. 

Draft e-commerce guidelines :

• The proposed rules are aimed at curbing the sale of counterfeit goods, streamlining returns and refunds and delineating the liabilities of sellers and online marketplaces.

Key Highlights :

• The rules provides that every e-commerce entity needs to publish the name and contact details of the grievance officer on their website along with the mechanism by which users can lodge their complaints.

• The rules mandates that e-commerce companies needs to ensure that the data collection,storage and usage comply with provisions of the Information Technology (Amendment) Act,2008.

• The rules also reiterates that e-commerce entities will not be allowed to influence prices of products sold on their websites directly or indirectly, which has already been a part of FDI rules for e-commerce.

• The guidelines also put the onus on marketplaces to do their own due diligence when customers complain about receiving counterfeit products, and they may need to take down such listings.

• The rules proposed to make it mandatory for firms to display terms of contract with the seller relating to return, refund, exchange, warranty ,delivery,mode of payments and grievance redressal mechanism to enable consumers to make informed decisions.

                                                                                                                        Source :- The Hindu

Bill for more Supreme Court judges gets Lok Sabha nod

GS PAPER - 02 POLITY - Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

Context :

• The Lok Sabha has passed the Supreme Court (Number of Judges) Amendment Bill,2019.

Key highlights :

• The bill seeks to increase the number of Supreme Court judges in the country’s apex court from the present 30 to 33.

Background :

• This bill was introduced after Chief Justice of India had written to Prime Minister to increase the number of judges in the top court.

• CJI had written that due to paucity of judges,the required number of Constitution Benches to decide important cases involving questions of law were not being formed.

                                                                                                                          Source :- The Hindu

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