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Index

Sr. no. Topics Page no.

1 Cauvery water dispute 1

Election Commission revises rules for eligibility of national


2 1
and state party

3 Web Responsive Pensioners' Service portal 2

4 Krishna water dispute 3

5 Prohibition in Bihar 3

Supreme Court to look into the practice of using religion for


6 4
getting votes in election

7 E-postal ballot 5

Vice-President formally recognizes a group of 22 MPs as a


8 5
consolidated bloc

9 Ek Bharat Shreshtha Bharat scheme 5

10 Prohibition of Benami Property Transactions Act 6

11 Western Zonal council 6

12 HIV and AIDS (Prevention and Control) Bill, 2014 7

13 Government orders NDTV to shut down for a day 8

14 Supreme Court orders equal pay for equal work 8

Election Commission issues notices to AAP MLAs for holding


15 9
Office of Profit

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Voter has a fundamental right to know about the educational
16 10
qualifications of a candidate: Supreme Court
Supreme Court issues contempt of court notice to Markandey
17 11
Katju

18 Single tribunal to arbitrate inter-State water disputes 11

19 Election Commission seeks political funding reforms 12

Supreme Court makes playing national anthem in cinema halls


20 13
compulsory

21 Supreme Court bans liquor shops near highways 13

22 Vanjeevan 14

23 Manipur creates 7 new districts 14

24 Government cancels FCRA licences of NGOs 15

25 Mahila Police Volunteer 15

Supreme Court rejects Jammu-Kashmir sovereignty outside the


26 16
Constitution

27 Citizenship Amendment Bill 2016 17

28 RBI Governor appears before Public Accounts Committee 17

29 Permission to Prosecute 18

Supreme Court bans seeking vote in name of religion, caste


30 19
and creed

31 Supreme Court clamps down on Ordinance power 20

Violence in Nagaland after women are given reservation in


32 20
Urban Local Bodies

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33 Draft Medical Council Bill 2016 21

34 TRAI releases consultation paper on Net Neutrality 21

35 Mahanadi river dispute 22

36 DGFT bans import of fur and reptile skin 23

Supreme Court asks Election Commission to implement VVPAT


37 23
at the earliest
Govt curbs on broadcasting of news by FM radios questioned
38 24
by Supreme Court
Supreme Court appoints a Committee of Administrators (CoA)
39 25
to oversee the Board of Control for Cricket in India (BCCI)

40 Problem of excessive government litigation 25

41 Draft National Water Framework Bill, 2016 25

42 National Academic Depository 26

43 Budget lays down reforms in political funding 26

44 Central government not in favour of a new law for CBI 28

Delhi High Court rules that Attorney Generals office doesnt


45 28
come under RTI

46 UN body defers NHRC accreditation 29

Supreme Court initiates Contempt of court proceedings against


47 29
a sitting judge
Supreme Court to set up Constitution bench to hear petition
48 30
against Triple Talaq
FIR against a local newspaper for publishing details of an Exit
49 31
Poll during elections

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50 Lieutenant Governor as the administrative head of Delhi 32

51 Middle Income Group Scheme 33

India and the United States sign the Logistics Exchange


52 33
Memorandum Of Agreement (LEMOA)

53 Centre bans sharing of Aadhaar details 34

54 Defence Acquisition council clears proposals worth $3 Billion 35

55 India suspends talks on Indus water pact 35

Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill


56 35
2016
Credit rating of cities launched by Ministry Of Urban
57 36
Development

58 Supreme Court admits plea against triple talaq 37

59 The Transgender Persons (Protection of Rights) Bill, 2016 38

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Cauvery water dispute Sagar dam, Mangala I and Mangala II
Supreme Court ordered the Karnataka dams, Mettur dam etc.
government to release Cauvery water to Shivanasamudra and Hogenakkal
Tamil Nadu. This led to widespread protests Falls lie on Kaveri river.
and bandhs in Karnataka. This was followed
Constitutional or legal provisions for
by counter protests in Tamil Nadu
inter-state water disputes:
About Cauvery:
Art 262 of the constitution provides
Cauvery (or Kaveri) river originates in for adjudication of inter-state water
disputes.
Coorg District of Karnataka in
Neither the Supreme Court nor any
Brahmagiri Range of hills in the other court shall exercise jurisdiction
Western Ghats. It empties in the Bay in respect of any such dispute or
of Bengal in Poompuhar, Tamil Nadu. complaint as referred under article
The main river flows through 262
Karnataka and Tamil Nadu and the Under this provision, Parliament has
river basin extends over states of enacted two laws- River Boards Act
(1956) and Inter State Water Disputes
Tamil Nadu, Karnataka, Kerala and
Act (1956).
Union Territory of Puducherry.
It is bounded by the Western Ghats on Conditions for IRWD act to be enforced
the west, by the Eastern Ghats on the
east and the south and by the ridges IRWD Act is applicable only to
separating it from Krishna basin and interstate rivers / river valleys.
Pennar basin on the north. An action of one state should affect
the interests of one or more other
Its important tributaries joining from
states.
left are the Harangi, the Hemavati, the And Whenever the riparian states are
Shimsha and the Arkavati whereas not able to reach amicable
the Lakshmantirtha, the Kabbani, the agreements on their own in sharing of
Suvarnavati, the Bhavani, the Noyil an interstate river waters
and the Amaravati join from right. Then only water dispute is deemed to
The basin receives rainfall from both have arisen under IRWD Act (section
3).
the South West Monsoon and from
North-East Monsoon.
The principal soil types found in the
basin are black soils, red soils, Election Commission revises rules for
laterites, alluvial soils, forest soils and eligibility of national and state party
mixed soils. Alluvial soils are found in The Election Commissionamended Section 6C
the delta areas. of The Election Symbols (Reservation and
Some important dams in Cauvery Allotment) Order, 1968 to alter the rules. In
basin are: Kabini dam, Krishnaraj the earlier definition, only the previous
(latest) election results were taken into

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account. However, in the new definition, the become the 7th national party in India
election results of last two consecutive (with Bharatiya Janata Party, the
elections (State Assembly or Lok Sabha, as the Congress, the Bahujan Samaj Party,
case may be) are taken into account. the Nationalist Congress Party, the
Communist Party of India (Marxist)
Prelims related facts: and the Communist Party of India
being the other six).
For a party to be declared a national
party, it should fulfill at least one of
the three conditions-
Web Responsive Pensioners' Service
It ought to have 6% of valid portal
votes in the assembly or Lok The Web Responsive Pensioners' service has
Sabha in a minimum of 4 been developed to provide single-point web
states and four MPs from any solution for pensioners to obtain
state comprehensive information relating to status
It should get 2% of Lok Sabha of the pensions and pension payments.
seats (11 MPs) from 3 or more
states Additional information:
It should be a state party in 4
states. It is a Digital India initiative taken-up
by The Controller General of
For a party to be declared a state
Accounts.
party, it should fulfill at least one of
the five conditions- This service will also help in speedy
The party must have secured redressal of pensioners grievances.
6% of the total valid votes This service has been developed by
polled and two seats in the Central Pension Accounting Office
assembly (CPAO).
The party must have secured Prelims related facts:
6% of the votes in Lok Sabha
from the state and 1 MP from Controller General of Accounts is the
the same state. principal advisor on accounting
The party must have secured matters to the Union Government.
3% of the total seats in the Controller General of Accounts
assembly or at least three derives his mandate from Article 150
seats whichever is more. of the Constitution.
The party has 1 MP from Allocation of Business Rules 1961
every 25 seats in the Lok specify the duties and responsibilities
Sabha of CGA
The party gets 8% of the total He is responsible for:
votes in the assembly Establishing and managing a
Due to the changes, All India technically sound
Trinamool Congress (TMC) has
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Management Accounting Ghataprabha, Yerla, Warna, Dindi,
System Musi and Dudhganga.
Preparation and submission of A few dams on Krishna river are:
the accounts of the Union Koyna dam, Bhadra dam,
Tungabhadra dam, Srisalam dam,
Government
Alamatti dam and Nagarjuna sagar
Exchequer control and dam.
internal audits
Prelims related facts:
Art 262 of the constitution provides
for adjudication of inter-state water
Krishna water dispute disputes.
Krishna Water Disputes Tribunal-II rejected Under this provision, Parliament has
enacted two laws- River Boards Act
Telangana and Andhra Pradeshs demand of
(1956) and Inter State Water Disputes
relooking into allocation of water among the Act (1956).
riparian States afresh. River boards and ad-hoc tribunals are
established by Central government.
Additional information- Krishna Water Disputes Tribunal was
constituted under Inter State Water
Both states argued that Section 89 in Disputes Act.
the Andhra Pradesh Reorganisation Andhra Pradesh Reorganisation Act
Act meant redistribution of Krishna was passed to separate the state of
water among all the four riparian Telangana from the erstwhile state of
States not just between them. Andhra Pradesh.
This claim was rejected by the
tribunal.

About Krishna river: Prohibition in Bihar


The Patna High Court struck down Bihars
Krishna river rises in Mahabaleswar anti-liquor law, holding its provisions to be
(Maharashtra) and meets the Bay of clearly draconian and in excess of the
Bengal at Hamasaladeevi in Andhra balance need to be maintained.
Pradesh, on the east coast.
Additional information:
It is the fourth-biggest river in terms The court held that a citizen has a
of water inflows and river basin area right to enjoy his liquor within the
in India, after the Ganga, Godavari and confines of his house in an orderly
Brahmaputra. fashion and that right would be a part
It flows through Maharashtra, of right of privacy, a fundamental
right, under Article 21 of the
Karnataka, Telangana and Andhra
Constitution.
Pradesh. It held the ban to be also violative of
The river has a number of tributaries Art 14 and Art 19.
but Tungabhadra is the principal This judgement of the High Court was
tributary. Other tributaries include later suspended by the Supreme
the Mallaprabha, Koyna, Bhima, Court.
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Prelims related facts: Andhra Pradesh, Haryana, Mizoram
Art 14 falls under Right to Equality. It and Tamil Nadu have previously
states that The State shall not deny to enforced, but later repealed
any person equality before the law or prohibition.
the equal protection of laws with the
territory of India.
Art 19 provides for freedom of speech
and expressions. It provides a citizen Supreme Court to look into the
of India six freedoms- freedom of practice of using religion for getting
speech and expression; freedom to votes in election
assemble peacefully and without Supreme Court has questioned the practice
arms; freedom to form associations, by political parties of using religion and faith
unions or cooperative societies; to get votes in election. The court is re-
freedom to move freely throughout looking into its 1995 verdict where it held
the territory of India; freedom to that canvassing for votes in the name of
reside and settle in any part of India Hindutva wasnt a corrupt electoral practice
and freedom to practice any as it is not a religion but a way of life.
profession or trade.
Art 19 also provides for reasonable Prelims related facts:
restrictions on these rights. Some The Representation of People Act,
conditions under which these rights 1951 is an act of Parliament of India
can be curtailed are: sovereignty and to provide for:
integrity of India, public order, o The conduct of elections of the
morality etc. Houses of Parliament and to
Art 21 is called Right to Life. It states the House or Houses of the
that no person can be deprived of Legislature of each State
personal liberty or life except o The qualifications and
according to procedure established by disqualifications for
law. membership of those Houses
The scope of this article is very broad. o The corrupt practices and
It includes inter-alia right to travel other offences at or in
abroad, right to privacy, right against connection with such
delayed execution etc. elections
The Indian constitution, in Art 47 o The decision of doubts and
(under Directive Principles of State disputes arising out of or in
Policy), requires the State to prohibit connection with such
consumption of intoxicating drinks elections.
and drugs. This article forms the basis Sec 123(3) of the Act considers the
of Prohibition laws in India. appeal by a candidate or his agent (or
Alcohol prohibition in India is by others with the consent of the
currently in force in the states of candidate or his agent) to vote or
Gujarat, Kerala, Bihar, Nagaland and refrain from voting on the ground of
Manipur as well as in the Union religion, race, caste, community or
Territory of Lakshadweep. Among language, as an electoral offence. It
these, Gujarat was the first state to also bars the use of religious or
enact a Prohibition law. national symbols to further ones
cause.

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Sec 123(3A) makes an attempt to Vice-President formally recognizes a
promote feelings of enmity or hatred group of 22 MPs as a consolidated bloc
between different classes of the Vice-President Hamid Ansari has formally
citizens of India on grounds of recognised a group of 22 MPs belonging to
religion, race, caste, community, or
parties with less than four MPs and certain
language, by a candidate or his agent
as electoral offence. independents as a consolidated block the
United Group.

Prelims related facts:


This is only the third time in the
E-postal ballot history of Indian Parliament that this
The Election Commission has come up with e- is happening, the first was in 1983,
postal ballot system to enable those serving
and the second in 1990.
in remote areas to vote in elections in their
native places. All the three times, such a group was
formed in Rajya Sabha.
Additional information: With this grouping, the United Group
For now, e-postal ballots will only be becomes the third largest group of
available to service voters, including MPs in the Rajya Sabha, after the
personnel of the armed forces and
Congress and the BJP.
government officials posted outside
the country.
The move dispenses with the existing
system of two-way postal ballots, Ek Bharat Shreshtha Bharat scheme
which caused significant delays. On the occasion of birth anniversary of Sardar
Vallabhbhai Patel, government launched a
Prelims related facts: new initiative called Ek Bharat Shreshtha
The Right to vote is a statutory right. Bharat. The programme aims to give a boost
The government issued notification to the existing cultural connect between
amending rule 23 of the Conduct of
different parts of the country and enhance
Elections Rules, 1961 to allow for e-
postal ballot. interaction between people living in different
Under this system a blank postal states.
ballot paper would be transmitted to
them electronically. About the scheme:
The personnel can then download the All states and union territories will be
postal ballot and print the blank covered under this program.
postal ballot. After marking his vote in
The idea is that each year one state
the blank postal ballot, the same
would be returned to the concerned should connect to any other state in
Returning Officer by post. India on a reciprocal basis.
Two-way electronic transmission has This partnership would include
not been recommended by the cultural and student exchange.
Election Commission for security and Students are the main participants in
secrecy reasons.
this program. The selected students

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would travel from their own state to further provides that violation of the
the paired state to learn about its PBPT Act is punishable with
culture and language. imprisonment and fine.
In this way, in a few years all states The PBPT Act prohibits recovery of
will connect to one another and this the property held benami from
would lead to promotion of cultures benamidar by the real owner.
of various states. Properties held benami are liable for
The central government has formed a confiscation by the Government
special committee to look into the without payment of compensation.
implementation and issues of the The Act provides for up to seven
program. years' imprisonment and fine for
those indulging in such transactions,
whereas the earlier law provided for
up to three years of imprisonment. It
Prohibition of Benami Property also makes furnishing false
Transactions Act information punishable by
imprisonment up to five years and
Benami Property Transactions Act, 1988 has fine.
been amended by the Benami Transactions
An appellate mechanism has been
(Prohibition) Amendment Act, 2016 (BTP
provided under the PBPT Act in the
Amendment Act). After coming into effect of
form of Adjudicating Authority and
the BTP Amendment Act, the existing Benami
Appellate Tribunal. The Adjudicating
Transactions (Prohibition) Act, 1988 has
Authority and the Appellate Tribunal
been renamed as Prohibition of Benami
referred to in the Prevention of
Property Transactions Act, 1988 (PBPT Act).
Money Laundering Act have been
notified as the Adjudicating Authority
Additional information:
and Appellate Tribunal, respectively,
The benami (without a name) for the purposes of the PBPT Act.
property refers to property purchased
by a person in the name of some other
person.
The person on whose name the Western Zonal council
property has been purchased is called The 22nd
meeting of Western Zonal council
the benamidar and the property so was held in Mumbai under the leadership of
purchased is called the benami the Home Minister of India.
property. The person who finances
the deal is the real owner. Prelims related facts:
The Zonal councils are statutory
Provisions of the Act: bodies (not constitutional bodies).
The PBPT Act defines benami The five zonal councils- Northern,
transactions, prohibits them and Eastern, Central, Western and

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Southern council- were established between the states, union territories
under State Reorganisation Act 1956. and the centre.
The sixth council- North-Eastern
council- was established under North-
Eastern councils act.
The various councils and their HIV and AIDS (Prevention and Control)
respective state and UT members are: Bill, 2014
The Union Cabinet has given its approval to
o Northern council- Jammu and
introduce official amendments to the HIV and
Kashmir, Himachal Pradesh,
AIDS (Prevention and Control) Bill, 2014.
Haryana, Punjab, Rajasthan,
Delhi and Chandigarh.
About the Bill:
o Central council- Uttar
The Bill seeks to prevent and control
Pradesh, Uttarakhand,
the spread of HIV and AIDS, prohibits
Madhya Pradesh and
discrimination against persons with
Chhattisgarh.
HIV and AIDS, provides for informed
o Eastern council- Bihar,
consent and confidentiality with
Jharkhand, West Bengal and
regard to their treatment, places
Odisha.
obligations on establishments to
o Western council- Gujarat,
safeguard rights of persons living
Maharashtra, Goa, Dadra and
with HIV and create mechanisms for
Nagar Haveli and Daman and
redressing complaints.
Diu
o Southern council- Telangana, The Bill lists various grounds on
Andhra Pradesh, Karnataka, which discrimination against HIV
Tamil Nadu, Kerala and positive persons and those living with
Puducherry them is prohibited.
o North-Eastern council- Assam, The Bill also prohibits any individual
Manipur, Mizoram, Arunachal from publishing information or
Pradesh, Nagaland, advocating feelings of hatred against
Meghalaya, Tripura and HIV positive persons and those living
Sikkim. with them.
Each zonal council consists of the The Bill also provides for
following members: Home Minister of Guardianship for minors.
India, Chief Ministers of states in the The Bill makes provision for
council, two other ministers from appointment of an ombudsman by
each state and administrator of each State Governments to inquire into
Union Territory. The Home Minister complaints related to the violation of
of Central Government is the common the Act and penal actions in case of
head of these councils. non-compliance.
The zonal councils aim at promoting The Bill suggest that cases relating to
coordination and cooperation HIV positive persons shall be

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disposed' off by the court on a priority The press derives its freedom from
basis and duly ensuring the the freedom of speech and expression
confidentiality. given under Art 19 of the constitution.
Provisions under The Cable
Television Networks (Regulation) Act
of 1995, and the Policy Guidelines for
Government orders NDTV to shut Uplinking of Television Channels from
down for a day India, which were first introduced in
2000, give the government the power
Following the recommendation of an inter-
to block the transmission and re-
ministerial committee instituted by the
transmission of any channel in the
Information and Broadcasting ministry, the
country.
government ordered that the Hindi channel
Section 20(3) of the Cable TV Act
NDTV India be shut down for a day for
allows the government to ban
revealing strategically sensitive details during
transmission of any program which is
its coverage of the Pathankot attacks. The ban
not in conformity with the program or
was later put on hold
advertisement code.
Additional information- The programme and advertising
codes are part of The Cable Television
The government banned NDTV India Network Rules issued in 1994. The
for violating Rule 6(1)(p) of the Rules specify what cannot be
programme code. This rule prohibits broadcast.
live coverage of anti-terrorism Cable TV Act 1995 made these rules
activities. binding on news channels.
The point 6(1)(p) was introduced by Media in India is mostly self-
an amendment to The Cable regulated.
Television Network Rules which came The existing bodies for regulation of
into force in March 2015. It was a media such as the Press Council of
measure taken in response to the India which is a statutory body and
coverage of Mumbai attacks by news the News Broadcasting Standards
channels. Authority, a self-regulatory
There are no such rules for banning organization, issue standards which
print media. However, some sections are more in the nature of guidelines.
of the Criminal Procedure Code (for
example Sec 144) give the
government power to ban a Supreme Court orders equal pay for
publication or cease its printing. equal work

Prelims related facts:


The Supreme Court, in State of Punjab vs.
Freedom of press is not directly Jagjit Singh has held that temporary
mentioned in the constitution. employees are entitled to regular pay scale,

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along with dearness allowance, as their peers Election Commission issues notices to
in government doing the same work. AAP MLAs for holding Office of Profit
The Election Commission has issued show
Additional information- cause notices to 27 AAP MLAs for holding the
The court was hearing an appeal
position of chairpersons of Rogi Kalyan
against the High Court order which
had held that temporary employees Samitis of various government hospitals. The
are not entitled to the minimum of the commission had earlier issues notices to
pay-scale, as was being paid to some MLAs for holding the position of
similarly placed regular employees. parliamentary secretaries.
The specific ruling is for those
employed by the government Prelims related facts:

Prelims related facts: Under Art 102(1)(a) and Art


191(1)(a) of the Constitution, a
Art 39(d) of the Indian constitution person shall be disqualified for being
says that the State shall make policies chosen or for being a member of
to secure equal pay for equal work for House of Parliament, Legislative
both men and women. Assembly or Legislative Council if he
The Equal Remuneration Act of 1976 holds any office of profit under the
and the Contract Labour (Regulation Government of India or Government
and Abolition) Act of 1970 discuss of any state.
parity in wages for employees However, articles 102 and 191 clarify
engaged in work of same nature. that a person shall not be deemed to
Although these laws focus more on hold an office of profit under the
employee welfare than parity in government of India or the
wages. government of any state by reason
India is a signatory to the only that he is a minister.
International Covenant on Economic, Section 15(1)(a) of the Government of
Social and Cultural Rights, which is a National Capital Territory of Delhi
part of International Bill of Human Act, 1991, says a person shall be
Rights. disqualified for being chosen as, and
Article 7 of the covenant makes it for being, a member of the legislative
obligatory on the signing parties to assembly if he holds any office of
follow the principle of equal pay for profit under the government of India,
equal work without any kind of a state or a union territory other
discrimination. than an office protected by law
Section 15(3) of the NCT Act says in
case of a dispute over disqualification
of an MLA, the matter would be
referred to the President, whose
decision would be final.

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But, before deciding on a petition Voter has a fundamental right to
seeking disqualification, the know about the educational
President, says the NCT act, has to get qualifications of a candidate: Supreme
the opinion of the election Court
commission which is binding on him. The apex court has held that every voter has a
India had the Parliament (Prevention fundamental right to know the educational
qualifications of a candidate.
of Disqualification) Act, 1950, 1951,
and 1953 exempting certain posts Additional information-
from being recorded as offices of The verdict came on appeals filed by
profit. All these Acts were replaced by Mairembam Prithviraj alias Prithviraj
the Parliament (Prevention of Singh and Pukhrem Sharatchandra
Disqualification) Act, 1959. Singh against each other challenging
A list of non-profit offices has been the judgment of the Manipur High
mentioned in Part II of the Schedule Court.
to the Parliament (Prevention of The High Court had declared as void
Disqualification) Act, 1959. the election of Mr. Prithviraj in the
The definition of Office of Profit is 2012 polls for providing incorrect
not given either in the constitution or educational qualification details.
in the Representation of the People
Act, 1951. It is for the courts to Prelims related facts:
explain the significance and meaning The Court stated that as per
of this concept. Representation of People Act 1951
Accordingly, the Supreme Court has and Form 26 filled by the candidates,
laid down that to decide whether an it is the duty of the candidates to give
office is Office of Profit, the following correct information about their
questions need to be considered- educational qualifications.
o Does the government make the Under Art 324, the Election
appointment? Commission has the power to make
o Does the government have the right all necessary provisions to conduct
to remove or dismiss the holder? free and fair elections.
o Does the government pay the In the case Resurgence India vs
remuneration? Election Commission Of India & Anr
o What are the functions of the Supreme Court ruled that a candidate
holder? shall not be allowed to contest
o Does the Government election for non-disclosure and
exercises control over the suppression of information, including
performance of those that of assets and his criminal
functions? background.

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Supreme Court issues contempt of interfering with the
court notice to Markandey Katju administration of justice (for
The Supreme Court issued contempt of court instance, interrupting a court
notice to former judge Markandey Katju for hearing), or scandalizing the
criticizing judges and not the judgment in the court or lowering its
Soumya rape case. This is the first occasion in authority.
judicial history when a former Judge of SC The Contempt of Courts Act, 1971,
faces contempt charge in apex court. also states that fair criticism of any
case which has been heard and
Prelims related facts: decided is not contempt.

Contempt of court is the offence of


being disobedient to or discourteous
towards a court of law and its officers
in the form of behavior that opposes
or defies the authority, justice, and Single tribunal to arbitrate inter-State
dignity of the court. water disputes
Contempt of court is not defined in The Central government has decided to set up
the Indian constitution. But it does a single, permanent Tribunal to adjudicate all
find mention in many articles, for inter-State river water disputes. This body
will subsume existing tribunals.
example as a restriction on Freedom
of Speech in Art 19(2). Additional information-
In India, contempt of court is defined
under Section 2(a) of the Contempt of The government has also proposed to
Courts Act of 1971. This section also float some Benches to look into
divides the contempt into two types: disputes as and when they arise. The
o Civil contempt: Civil contempt Benches are of a temporary nature
is defined under Section 2(b) and will cease to exist once the
of the Act. Civil contempt is disputes are resolved.
when a person willfully The Tribunal will be headed by a
disobeys any order of a court retired Supreme Court judge.
(a recent example of civil The proposed Tribunal is expected to
contempt would be Sahara deliver its verdict within a span of
Group chief Subratra Roys three years.
failure to obey an order by the Along with the tribunal, the
Supreme Court to refund government also proposes to set up
investors) Dispute Resolution Committee (DRC).
o Criminal contempt: Criminal The DRC, comprising of experts and
contempt is defined under policy-makers, will handle disputes
Section 2(c) of the Act. prior to the tribunal.
Criminal contempt is

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For establishing the Tribunal and the The boards are setup by the Central
benches, Inter-State Water Disputes government on the request of a state
Act, 1956 will be amended. government.

Prelims related facts:

Art 262 of the constitution provides


for adjudication of inter-state water Election Commission seeks political
disputes. funding reforms
Under this provision, Parliament has The Election Commission has urged the
enacted two laws- River Boards Act government to amend laws to ban
(1956) and Inter State Water Disputes anonymous contributions of Rs 2000 and
Act (1956). above made to political parties.
River boards and ad-hoc tribunals are
established by Central government. Additional information-
The Commission has also proposed
Under Inter State Water Disputes Act, that exemption of Income Tax should
any state government can approach only be extended to political parties
the central government to establish a that contest elections and win seats in
tribunal for settling a dispute. Lok Sabha or assembly polls.
The Tribunals composition is laid EC has also asked the Law Ministry to
down in the Act. It consists of a ensure that political parties are made
Chairman and two other members, to register details of donors for
nominated by the Chief Justice of coupons of all amounts.
India from among the sitting Judges of There is no constitutional or statutory
the Supreme Court or High Court. prohibition on receipt of anonymous
The decision of the Tribunal is final donations by political parties.
and binding on the parties. Coupons are one of the ways devised
Jurisdiction of the Supreme Court and by the political parties for collecting
other courts in respect of the dispute donations and hence are printed by
referred to the Tribunal is barred. the party itself. There is no cap or
However, the Supreme Court has limit as to how many coupons can be
ruled that it can adjudicate on a printed or its total quantum.
Tribunals decision under the powers Following this recommendation, the
granted to it by Art 136 (Special Leave central government in Budget 2017
Petition). capped anonymous cash donations to
The River Boards Act, 1956, provides political parties at Rs2,000.
for the establishment of River Boards,
for the regulation and development of Prelims related facts:
inter-State rivers and river valleys.

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Political parties are allowed to receive Constitution, National flag and
donations under The Representation National Anthem as symbols of
of the People Act, 1951. national honor.
However, under section 29C of the It prescribes penalties for insulting
Act, they need to mandatorily declare these symbols. However, it neither
the information for contributions mandates the singing of the national
above Rs 20000. anthem nor does it demand that
Section 13A of the Income-tax Act, people stand up when it is being sung.
1961 confers tax exemption to Flag Code of 2002 is neither a statute
political parties for income from nor regulation.
house property, income by way of It is a consolidation of executive
voluntary contributions, income from instructions issued by the
capital gains and income from other Government of India from time to
sources. time and contains detailed instruction
Only income under the head salaries in regard to the shape, size and colour
and income from business or of the National Flag, the correct
profession are chargeable to tax in display, instances of misuse and
the hands of political parties in India. display on National Days or special
occasions.
Supreme Court makes playing national In 1986 Supreme Court in Bijoe
anthem in cinema halls compulsory Emmanuel vs. State of Kerala
The Supreme Court asked all cinemas to play suspended the expulsion of three
the national anthem before a film is screened. children, who were expelled for
refusing to sing the national anthem
Additional information-
in school. It said this was contrary to
The national flag must be displayed
on the movie screen when the anthem fundamental rights of free speech and
is played. freedom to practise their religion.
Moviegoers must stand up and all In 2004, Supreme Court upheld the
doors of cinema halls be closed at citizens fundamental right to fly the
such times to stop people moving national flag freely with respect and
around. dignity.
Prelims related facts:

Under Art 51A, it is a fundamental


duty of the citizens to abide by the
constitution and respect the National Supreme Court bans liquor shops near
Flag and the National Anthem. highways
Supreme Court delivered a verdict banning
Fundamental duties are not
sale of liquor within 500 metres of the
enforceable in a court of law.
national and state highways across the
The Prevention of Insults to National
country from 1st April 2017. Licences of
Honours Act,1971 recognizes the

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liquor shops currently operating near Scheduled Tribes Finance and Development
highways would not be renewed. Corporation (NSTFDC) launched Vanjeevan-
the National Resource Centre for Tribal
Additional information- Livelihood issues.
The judgement is a step towards
making our roads safer by reducing About Vanjeevan-
incidences of drunk driving. Vanjeevan will help identify the
Currently there is no law that bans problems in livelihood issues. It will
sale of alcohol near highways. also focus on identifying local
Supreme Court, in 2014, had resources keeping in view the existing
constituted a high-powered panel skill levels.
under Justice KS Radhakrishnan to The programme will facilitate
measure and monitor the utilization of funds under various
implementation of road safety laws in Government programmes for the
the country. The committee had above purposes.
recommended banning sale of alcohol The National Resource Centre will
near highways. serve as a platform for livelihood
In 2016, the Supreme Court of India mapping, skill gap analysis and
gave "force of law" to the guidelines knowledge hub thereby helping in
for the protection of Good Samaritans tribal entrepreneurship development.
issued by the Ministry of Road In the first phase, the program will
Transport and Highways. The cover six states- Assam, Gujarat,
purpose of a Good Samaritan law is to Madhya Pradesh, Rajasthan, Odisha
provide legal protection to bystanders and Telangana. In the second phase
who come to the aid and rescue of the programme will be implemented
victims of road accidents. in the states of Arunachal Pradesh,
Chhattisgarh, Jharkhand,
Prelims related facts: Maharashtra, Meghalaya and Tripura.
Art 47 (under Directive Principles of
State Policy) makes it an obligation on
state to improve public health and
bring about prohibition of
consumption of intoxicating drinks. Manipur creates 7 new districts
Manipur created 7 new districts by
bifurcating the existing ones. To protest
against the creation of new districts, The
Nagas, under the leadership of United Naga
Vanjeevan Council (UNC), have imposed an indefinite
economic blockade of Manipur.
Union Ministry of Tribal Affairs in
collaboration with UNDP and National Additional information-

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Formation of districts and sub- It receives rainfall from the South-
districts within a state is a prerogative West monsoon.
of the state government. A few important geographical
The United Naga Council is a civil
locations in Manipur are- Loktak lake,
society group that claims to represent
the Nagas of Manipur and Keibul Lamjao National Park, Dzuko
surrounding areas. valley and Lokpaching (Red Hill).
Manipur is represented in the Lok
About Manipur- Sabha by two members and by one
member in the Rajya Sabha.
Manipur lies in the North-Eastern
Himalayan region. Prelims related facts-
The state is bordered by the Indian
Under Art 371C, the Governor is made
states of Nagaland to its north,
responsible for administration of Hill
Mizoram to its south, Assam to its areas. He has to send reports to the
west, and shares international border President and can give directions (as
with Myanmar to its east. instructed by the President) to the
The state of Manipur can be broadly state government for their
divided into two areas- hills and administration.
valley (mostly Imphal region).
Imphal valley is predominantly
inhabited by the Meiteis, and the hills
are predominantly inhabited by the Government cancels FCRA licences of
Kukis (and other non Naga tribes) and NGOs
Nagas. FCRA licences of around 20000 NGOs were
The state has four major river basins: cancelled by the government after they were
the Barak River Basin (Barak Valley) found violating the various provisions of the
Act.
to the west, the Manipur River Basin
in central Manipur, the Yu River Basin Additional information-
in the east, and a portion of the Lanye Home ministry regulates the flow of
River Basin in the north. foreign funds to NGOs and
Almost all the rivers in the valley are associations in India.
at a mature stage. Rivers in the hills Only 13,000 NGOs in the country are
are comparatively young. now legally valid to receive foreign
funds.
The soil cover can be divided into two
The exercise of reviewing the working
broad types, viz. the red ferruginous of the NGOs was started about a year
soil in the hill area and the alluvium in ago and the process is still continuing.
the valley.
Broadly, there are four types of Prelims related facts:
forests: Tropical Semi-evergreen, Dry The Foreign Contribution (regulation)
Temperate Forest, Sub-Tropical Pine, Act, 2010 (FCRA) was enacted to
and Tropical Moist Deciduous. regulate the acceptance and

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utilisation of foreign contribution or
foreign hospitality by certain About the scheme-
individuals or associations.
The Act has been amended in 2011, Mahila Police Volunteer is a joint
2012 and 2015. initiative of Union Ministry of Women
Organizations working for definite & Child Development with the Union
cultural, social, economic, educational Ministry of Home Affairs.
or religious programs are allowed to It is a step for creating a safe and
accept foreign funding provided they enabling environment for women in
fulfill the following conditions- India.
i. They have to take permission It envisages creation of a link between
from the government. the police authorities and the local
ii. They have to maintain a communities in villages through
separate account for foreign police volunteers who will be women
donations. specially trained for this purpose.
It bars certain individuals like Their primary job will be to keep an
Member of Parliament or legislature, eye on situations where women in the
judges, government employees etc village are harassed or their rights
and organizations like media from and entitlements are denied.
accepting foreign funding. One Mahila Police Volunteer (MPV) is
The banks are required to report to envisaged per Gram Panchayat across
the Central Government within 48 the country.
hours, regarding any transaction in
respect of receipt or utilization of
foreign contribution by any person
whether or not such person is
Supreme Court rejects Jammu-Kashmir
registered or granted prior
sovereignty outside the Constitution
permission under FCRA.
The Supreme Court on Friday rejected the
Jammu and Kashmir High Court's assertion
that the state's sovereignty cannot be
challenged or altered. The apex court said
Mahila Police Volunteer that the state has "no vestige of sovereignty
Mahila Police Volunteer scheme was outside the Constitution of India.
launched by the Central government.
Additional information-
Additional information- The High Court was hearing a case
Haryana became the first state to join related to application of SARFAESI Act
the scheme. It inducted the first batch to J&K. The court rules that the state
of 1000 Mahila Police Volunteers. has absolute sovereign power to
legislate in respect of laws touching
These volunteers have already been the rights of its permanent residents
trained by the State Police Authorities qua their immovable properties.
on their role and responsibility.
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Supreme Court rejected these unless the security is invalid or
arguments, saying SARFAESI Act deals fraudulent.
with recovery of debts due to banks Transfer of Property Act of J&K
and financial institutions, which is a regulates the transfer or properties to
subject under the Union List and and from residents of Jammu and
parliamentary legislation and so did Kashmir.
not require concurrence of the state
government.
Provisions of SARFAESI Act were
found to be in contravention of
Transfer of Property Act of J&K. The Citizenship Amendment Bill 2016
Supreme Court ruled that SARFAESI Protests are brewing in Assam as the new
Act will get primacy over the state Citizenship (Amendment) Bill 2016 gets
Act. closer to be presented in Parliament's Winter
Session for approval.
Prelims related facts-
Prelims related facts:
Art 370 of the Indian constitution The constitution deals with the
gives a special status to Jammu and citizenship under Art 5-11. However,
Kashmir. Many provisions of the
it doesnt contain any elaborate
Indian Constitution do not apply to
J&K. provisions regarding the same.
Unlike other states, residual powers The constitution empowers the
are vested in state government. Parliament to enact laws regarding
J&K is the only state to have its own matters related to citizenship.
separate constitution. Accordingly, the Parliament has
Article 1 of the Indian constitution enacted the Citizenship Act 1955.
and Section 3 of the Jammu & Kashmir
The 1955 Act prescribes five ways for
Constitution make it clear that India
shall be a Union of States, and that the acquiring citizenship- birth, descent,
State of Jammu & Kashmir is and shall registration, naturalization and
be an integral part of the Union of incorporation of territory.
India. Under the Citizenship Act of 1955,
Securitisation and Reconstruction of foreigners who come into India
Financial Assets and Enforcement of without valid travel documents, or
Security Interest Act, 2002 (SARFAESI stay in the country beyond their visa
Act) allows banks and other financial period, are considered illegal
institution to auction residential or migrants.
commercial properties to recover Under this Act, illegal migrants are
loans. The first asset reconstruction prohibited from acquiring Indian
company (ARC) of India, ARCIL, was Citizenship.
set up under this act.
SARFAESI is effective only for secured About the Bill-
loans where bank can enforce the
underlying security. In such cases, The Bill amends the Act to make
court intervention is not necessary, illegal migrants who are Hindus,
Sikhs, Buddhists, Jains, Parsis and

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Christians from Afghanistan, It consists of not more than 22
Bangladesh and Pakistan, eligible for members- 15 from Lok Sabha and 7
citizenship. from Rajya Sabha, elected from
Under the 1955 Act, one of the
amongst its members according to the
requirements for citizenship by
naturalisation is that the applicant principle of proportional
must have resided in India during the representation by means of a single
last 12 months, and for 11 of the transferrable vote.
previous 14 years. The Bill relaxes The term of the committee is one
this 11 year requirement to six years year.
for persons belonging to the same six
A minister cannot be a member of the
religions and three countries.
committee.
The Bill, however, does not extend to
illegal Muslim migrants. It also does The chairman of the committee is
not talk about other minority appointed by the Speaker. Since 1967,
communities in the three a convention has developed according
neighbouring countries, such as Jews, to which the chairman is selected
Bahais etc. from the Opposition.
The Citizenship Amendment Bill
The committee can call witnesses and
contradicts the Assam Accord of 1985,
which clearly states that illegal can order documents as and when
migrants heading in from Bangladesh required.
after March 25, 1971, would be Its current chairman is KV Thomas.
deported. Some of its functions-
The Bill provides that the registration o To examine annual audit
of Overseas Citizen of India (OCI)
reports of the Comptroller and
cardholders may be cancelled if they
violate any law. Auditor General
o To examine appropriation and
finance accounts of the Union
government.
o To examine the accounts of
autonomous and semi
RBI Governor appears before Public
autonomous bodies, the audit
Accounts Committee
of which is conducted by CAG.
RBI Governor Urjit Patel appeared before the
o To ascertain that the money
Public Accounts Committee (PAC). He was
granted by the Parliament is
questioned over the demonetization move
spent by the government
and its fallout.
within the scope of the
About PAC demand.

It was first set up in 1921 under the Additional information


provisions of Government of India Act
On 8 November 2016,
1919.
the Government of India announced

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the demonetisation of Section 19 of the Prevention of
all 500 and 1,000 banknotes. Corruption Act (PCA) states: No
As per the annual report of Reserve court shall take cognizance of an
Bank of India, 500 and 1,000 notes offence alleged to have been
constituted 86% of the notes in committed by a public servant except
circulation by value. with the previous sanction.
The Specified Bank Notes (Cessation Section 156(3) of the Criminal
of Liabilities) Ordinance, 2016 was Procedure Code (CrPC), 1973 allows a
issued by the Government of India on Magistrate to direct the police to
28 December 2016 ceasing the conduct an investigation.
liability of the government for the There is no prohibition either under
banned bank notes. the PCA or Criminal Procedure Code
to start an investigation by lodging an
FIR or through a court-initiated
investigation under Section 156(3) of
Permission to Prosecute CrPC.
News

Recently, Supreme Court held that a court


cannot initiate investigation against a public
servant without permission from the
government.
Supreme Court bans seeking vote in
Additional information name of religion, caste and creed
News
In September 2016, in L. Narayan
Swamy v. State of Karnataka, Supreme Politicians are barred from seeking votes in
Court held that a Magistrate cannot the name of religion, caste or creed,
order further investigation under the Supreme Court ruled.
Section 156(3) of the Code of Criminal
Additional information
Procedure in relation to public
servant in the absence of valid The court also ruled that seeking
sanction. votes in this manner will be deemed a
The court relied on its previous corrupt practice under Section
(similar) judgement in case Anil 123(3) of Representation of People
Kumar vs. M.K. Aiyappa (2013), in Act and that election of a candidate
which it held that Section 19 applies would be declared null and void.
at the threshold itself and The bench, however, refrained from
investigation under Section 156(3) revisiting Supreme Courts 1995
CrPC requires a prior sanction. verdict where it held that canvassing
for votes in the name of Hindutva
Prelims related facts

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wasnt a corrupt electoral practice as Supreme Court clamps down on
it is not a religion but a way of life. Ordinance power
News

Prelims related facts Supreme Court in Krishna Kumar Singh vs.


State of Bihar has held that re-promulgation
The Representation of People Act, of ordinances is a fraud on the Constitution
1951 is an act of Parliament of India and a subversion of democratic legislative
to provide for: processes.
o The conduct of elections of the
Houses of Parliament and to Additional information
the House or Houses of the
The court also held that the satisfaction of the
Legislature of each State
President under Article 123 and of the
o The qualifications and
Governor under Article 213 while issuing
disqualifications for
ordinances is not immune from judicial
membership of those Houses
review.
o The corrupt practices and
other offences at or in Ordinance power of the executive
connection with such
elections Under Art 123, the President has been
o The decision of doubts and given the power to promulgate
disputes arising out of or in Ordinances. Art 213 accords a similar
connection with such power to the Governor of the state.
elections. For promulgating an Ordinance, the
Sec 123(3) of the Act considers the following conditions should be met-
appeal by a candidate or his agent (or o The President is satisfied that
by others with the consent of the necessary circumstances exist.
candidate or his agent) to vote or o Ordinance cannot be
refrain from voting on the ground of promulgated when both
religion, race, caste, community or Houses of Parliament are in
language, as an electoral offence. It session.
also bars the use of religious or An ordinance can be promulgated
national symbols to further ones only on those subjects on which the
cause. Houses (or the state legislature) are
Sec 123(3A) makes an attempt to competent to make laws. And an
promote feelings of enmity or hatred Ordinance has the same force and
between different classes of the effect as an Act of Parliament.
citizens of India on grounds of Ordinances cannot be used to amend
religion, race, caste, community, or the Constitution.
language, by a candidate or his agent An Ordinance ceases to operate when-
as electoral offence. o It is withdrawn by the
President.
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o It is not approved by both the pulses, tobacco, oilseeds, sugarcane
Houses within six weeks of and potatoes.
their reassembly. A few major rivers of Nagaland are
Dhansiri, Doyang, Tizu and Dikhu
D.C. Wadhwa vs. State of Bihar
Prelims related facts
In DC Wadhwa v State of Bihar, the Supreme
Court held that the legislative power of the Under Art 243T (added by the 74th
executive to promulgate Ordinances is to be Constitutional Amendment Act),
used in exceptional circumstances and not as women are provided 33% reservation
a substitute for the law making power of the in Municipalities and other Urban
legislature. The Court also stated that it has Local Bodies (ULB).
the power to strike down re-promulgated Nagaland adopted this provision by
Ordinances. enacting Nagaland Municipal (First
Amendment) Act 2006.
Violence in Nagaland after women are Under Art 371A, any Acts of
given reservation in Urban Local
Parliament that affect Naga customary
Bodies
law and procedure and their religious
News
or social practices, will not apply to
The governments decision to give 33% Nagaland (unless approved by the
reservation to women in Urban Local Bodies State Assembly).
has resulted in protests and Bandhs by Nagas. Thus, due to the conflict between Art
Tribal bodies, led by the apex group, Naga 243T and Art 371A, Nagaland has not
Hoho, say 33 per cent reservation for women conducted any ULB elections since
would infringe upon Naga customary laws. 2011.

About Nagaland

It borders the state of Assam to the Draft Medical Council Bill 2016
west, Arunachal Pradesh and part
News
of Assam to the north, Myanmar to
the east, and Manipur to the south. Ministry of Health and Family welfare has
A few major tribes in Nagaland are Ao, prepared a draft Indian Medical Council
Angami, Chang, Konyak, Lotha, Sumi, (Amendment) Bill, 2016 and has invited
Chakhesang and Khiamniungan. suggestions in respect of the draft Bill.
Nagaland lies in the North-Eastern
Himalayan region and receives Major features of the Bill
majority of its rainfall from the South- The Bill amends Indian Medical
West monsoon. Council Act of 1956.
Agriculture is the most important The Bill seeks to introduce a uniform
economic activity and the principal national exit test (NEXT) to all
crops include rice, corn, millets,

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medical educational institutions at the The consultation paper also
undergraduate level. questioned if certain services such as
NEXT would substitute the uniform emergency situations and restrictions
entrance examination at post- on unlawful content be treated as
graduate level provided for in section exceptions to any regulation on traffic
10D of the IMC Act. management practice.
The Bill provides for conducting a
common counseling for admission of Prelims related facts
candidates to all medical educational Net Neutrality (NN) is the principle
institutions at the undergraduate that Internet service providers should
level and postgraduate level. enable access to all content and
The Bill calls for reserving upto 50% applications regardless of the source,
of the seats in Post Graduate Courses and without favouring or blocking
in Government Colleges for Medical particular products or websites.
Officers in the Government services, Traffic management practice refers to
who have served for at least three techniques used by the service
years in remote and difficult areas. providers to manage the safety,
security and efficiency of their
networks
Telecom Regulatory Authority of
TRAI releases consultation paper on
Net Neutrality India is a statutory body established
News under Telecom Regulatory Authority
of India Act 1997.
The Telecom Regulatory Authority of India It is the regulator of the
(TRAI) issued a consultation paper on the telecommunications sector in India.
issue of net-neutrality. TRAI had earlier One of the main objectives of TRAI is
issued three papers on Net Neutrality in 2015 to provide a fair and transparent
and 2016. policy environment which promotes a
level playing field and facilitates fair
Additional information
competition.
TRAI has sought comments on what The TRAI Act was amended by an
the principles for ensuring non- ordinance in 2000, establishing a
discriminatory access to content on Telecommunications Dispute
the Internet could be in the Indian Settlement and Appellate Tribunal
context. (TDSAT) to take over the adjudicatory
It has also raised the issue of traffic and disputes functions from TRAI.
management practices, seeking
comments on approaches that would
be preferable.

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Mahanadi river dispute Art 262 of the constitution provides
News for adjudication of inter-state water
disputes.
Odisha government today rejected Union Under this provision, Parliament has
governments proposal of formation of the enacted two laws- River Boards Act
11-member Negotiation Committee to resolve (1956) and Inter State Water Disputes
water dispute between Odisha and Act (1956).
Chhattisgarh reasoning that the panel will River boards and ad-hoc tribunals are
only delay the setting up of a Tribunal. established by Central government.
Additional information Under Inter State Water Disputes Act,
any state government can approach
Odisha government had objected to the central government to establish a
tribunal for settling a dispute.
Chhattisgarhs various projects on the
The Tribunals composition is laid
river Mahanadi. It has claimed that down in the Act. It consists of a
these projects will divert the river Chairman and two other members,
water and would negatively affect the nominated by the Chief Justice of
farmers in Odisha. India from among the sitting Judges of
Earlier, the Central government had the Supreme Court or High Court.
issued a notification to constitute a The decision of the Tribunal is final
and binding on the parties.
Negotiation Committee to resolve the
Jurisdiction of the Supreme Court and
dispute. other courts in respect of the dispute
However, Odisha government has referred to the Tribunal is barred.
pointed out that this would be a However, the Supreme Court has
violation of Sec 4(1) of the Inter-State ruled that it can adjudicate on a
River Water Dispute Act of 1956. Tribunals decision under the powers
granted to it by Art 136 (Special Leave
Prelims related facts Petition).

Mahanadi river flows through the


states of Chhattisgarh and Odisha.
Mahanadi originates from Sihawa DGFT bans import of fur and reptile
Mountain in Chhattisgarh, flows skin
News
eastward and ends in Bay of Bengal.
Major tributaries of Mahanadi are The Directorate General of Foreign Trade
Seonath, Jonk, Hasdo, Mand, Ib, Ong (DGFT) has issued a notification amending a
and Tel. trade policy to prohibit the import of skins of
A few important dams on Mahanadi reptiles and fur of chinchillas, minks and
river are Hirakud, Kelo, Saroda and foxes.
Tandula.
About DGFT

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Directorate General of Foreign Trade candidate and poll symbol is
(DGFT) organisation is an attached generated from VVPAT machine.
office of the Ministry of Commerce The paper slip appears for about 10
and Industry and is headed by seconds. After the voter views the
Director General of Foreign Trade. receipt, it automatically goes inside a
DGFT is responsible for implementing sealed box attached to the EVM.
the Foreign Trade Policy with the The sealed box of paper slips can be
main objective of promoting Indias accessed only by polling officers.
exports. Although the system was first
After the liberalisation of the experimented during the Nagaland
economy (in 1991), its role has by-elections in 2013, Mizoram was
shifted from prohibition and control the first state to introduce VVPAT on a
of imports/exports to promotion and large scale.
facilitation of exports/imports, On a national level, the system was
keeping in view the interests of the introduced in 8 of 543 parliamentary
country. constituencies during the 2014
general elections

Prelims related facts


Supreme Court asks Election
Commission to implement VVPAT at Election Commission is a permanent
the earliest and independent body established
News under Art 324 of the Constitution.
Election Commission supervises (and
The Supreme Court, hearing a case of conducts) the elections to the Houses
contempt against Election Commission (EC), of Parliament, state legislatures and to
has directed the Commission to give a the offices of the President and Vice-
deadline for implementation of Voter Verified President.
Paper Audit Trail (VVPAT). The Constitution provides for a Chief
Election Commissioner and as many
About VVPAT
Election Commissioners as fixed by
VVPAT is a small printer like machine the President.
attached to Electronic Voter Machine The conditions of service and the
(EVM) which allows to the voters to tenure of the Election Commissioners
verify that their vote has been cast are decided by Parliament through a
correctly. law.
VVPAT is an entirely independent The Constitution states that the Chief
verification system to provide the Election Commissioner can only be
feedback to the voters. removed through the process
Once a voter casts his vote, a small followed for removal of judges and
paper slip containing the name of that his conditions of service cannot

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be varied to his disadvantage after Supreme Court appoints a Committee
appointment. of Administrators (CoA) to oversee the
Board of Control for Cricket in India
(BCCI)
News
Govt. curbs on broadcasting of news by
FM radios questioned by Supreme The Supreme Court on Monday appointed a
Court committee of four administrators headed by
News former Comptroller and Auditor General
Vinod Rai to manage the affairs of BCCI after
Adjudicating on a PIL filed by an NGO, the its president and other top office bearers
Supreme Court has questioned continuing were barred from cricket administration.
prohibition on FM radio stations and
community radios from airing their own Prelims related facts:
news and current affairs.
The apex court had appointed a panel
Additional information headed by retired justice R.M. Lodha
to suggest reforms for BCCI.
In the case Ministry of Information & The Board of Control for Cricket in
Broadcasting vs Cricket Association of India (BCCI) is the national governing
Bengal, Supreme Court had held that body for cricket in India.
airwaves are public property to be
The board was formed in December
used to promote public good and 1928 as a society, registered under
expressing a plurality of views, the Tamil Nadu Societies Registration
opinions and ideas. Act.
Currently, Prasar Bharati Corporation,
which owns and operates All India
Radio, has a monopoly over news
broadcasting and current affairs
programmes. Problem of excessive government
Currently, private FM channels are litigation
only permitted to broadcast news,
taking content from AIR, On the occasion of the Delhi High Courts
golden jubilee, the Prime Minister broached
Doordarshan, authorised TV news
the problem of excessive government
channels, etc without any litigation.
modifications.
Additional information-
The Law Commission of India also
studied this problem in its 126th
Report in 1988, and made
appropriate observations on this
front.

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There are no government sources to Water is a state subject. Hence this
confirm the actual quantum of its bill proposes a model law for states. It
litigation. is also not binding on states.
The draft Bill pitches for establishing
Prelims related facts:
River Basin Authority for each inter-
A litigant is person who is involved in State basin
a lawsuit It suggests States to recognise the
The largest litigant in India is the principle that the rivers are not
government itself with the owned by the basin-States but are
government litigation reportedly public trustees.
constituting nearly half of all litigation
in the Indian judiciary. The draft Bill says every person has a
The Law Ministry had launched a right to sufficient quantity of safe
National Litigation Policy (NLP) in water for life within easy reach of the
2010 to transform the government household regardless of caste, creed,
into a responsible and efficient religion, age, community etc.
litigant. However, the policy failed It proposes establishing institutional
miserably.
arrangements at all levels within a
It laid down guidelines to help reduce
State and beyond up to an inter-State
the number of litigations and to speed
up the current ones. river basin level to obviate disputes
The NLP 2010 also created through negotiations, conciliation or
Empowered Committees at the mediation before they become acute.
national and regional levels to
regulate the implementation of the
policy.
But the policy suffered from many
drawbacks like ambiguity, no National Academic Depository
concrete plans for implementation, no
impact assessment etc.
Union Cabinet has accorded its approval for
establishment and operationalisation of a
National Academic Depository (NAD). The
decision aims at bringing another dimension
Draft National Water Framework Bill, and enhancement of the vision of Digital
2016 India.

Centre has brought final draft of the National About NAD:


Water Framework Bill, 2016, that stresses The NAD would be operationalised by
managing water at basin-level and right NSDL Database Management Limited
measurement of States contribution to river (NDML) and CDSL Ventures, Limited
system to resolve conflicts. (CVL).

About the Bill:

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NAD is a Digital Depository of receive in cash from Rs 20,000 to Rs
Academic Awards on the pattern of 2,000.
Securities Depository. An amendment has been proposed to
Academic institutions grant and issue the RBI Act to enable issuance of
Awards such as Convocation electoral bonds.
certificates, Mark sheets, Transfer Every political party would have to
certificates, etc. Such Awards will be
file its return within the time
held in electronic form NAD System
which will be available online 24x7. prescribed in accordance with the
Academic institutions would be provision of the Income Tax Act.
responsible for the authenticity of The existing exemption to the political
data digitally uploaded by them into parties from payment of income tax
the system. would be available only subject to the
NAD will provide digital or a printed fulfillment of these conditions.
copy of the academic award with
Additional information:
security features to the students or
other authorized users. The Finance Bill has not proposed any
Requests for access to academic amendment in the relevant sections of
awards, for example, from potential Representation of People Act
employers, and academic institutions 1951(RPA). So the limit for
would be only on the basis of consent anonymous donations to parties still
of the student. stands at Rs 20,000.
NAD shall maintain the authenticity, An amendment is proposed to
integrity and confidentiality of its the Income Tax Act, 1961 to exclude
database. donations received by these political
parties through electoral bonds.
The scheme of electoral bonds is not
mandatory for political parties i.e. it is
Budget lays down reforms in political their choice whether or not to use
funding bonds for funding.

News About Electoral bonds:

With an aim to reduce black money and Electoral bonds provide a way for
corruption, the government announced donating anonymously to a political
measures to reform the funding of political party.
parties. Electoral bonds will be issued by a
notified bank for specified
Measures in the Budget:
denominations.
The Budget reduced the maximum These bonds can be purchased by
donation that a political party can donors by making payments digitally
or through cheque only.

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Investment in electoral bonds will be Central government not in favour of a
exempt from income tax. new law for CBI
The bonds will likely be bearer bonds News
and the identity of the donor will not
The Central government has turned down the
be known to the receiver.
recommendation of a Parliamentary
The party which receives these bonds
Committee to come up with a new law for the
can convert these bonds back into
Central Bureau of Investigation (CBI).
money via their bank accounts.
The bank account used must be the About CBI:
one notified to the Election
Commission Central Bureau of Investigation (CBI)
The bonds have to be redeemed was established under the Delhi
within a prescribed time period. Special Police Establishment Act,
Vide the Finance Bill 2017, it has been 1946.
specified that no report needs to be Section 2 of the Act vests DSPE with
prepared in respect of the jurisdiction to investigate offences in
contributions received by way of an the Union Territories only.
electoral bond. However, the jurisdiction can be
extended by the Central Government
Prelims related facts: to other areas including Railway and
States under Section 5(1) of the Act,
Under Section 13A of the Income Tax
provided the State Government
Act, registered political parties are
accords consent.
exempt from paying Income Tax. But
As per Section 3 of the Act, Special
they are required to file their Income
Police Establishment is authorized to
Tax Returns (ITR).
investigate only those cases, which
As per Sec 29C of RPA, donations
are notified by the Central
below Rs 20,000 are not required to
Government from time to time.
be reported to the ECI (but they have
to be reported in the ITR).
In respect of each voluntary
contribution in excess of Rs. 20000, a Delhi High Court rules that Attorney
political party has to maintain a Generals office doesnt come under
record of such contributions along RTI
with the name and address of the The Delhi High Court today ruled that the
persons who have made such office of the Attorney General of India does
contributions. not come under the purview of Right to
Information Act (RTI).

Additional information:

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The High Court said that the And so Attorney General has all the
predominant function" of the powers and privileges that of a
Attorney General is to give advice on member of parliament.
legal matters to the government. He is also allowed to take up private
The bench observed that the Attorney practice, provided the other party is
General appears in court on behalf of not the state.
the government of India and has The Attorney General gets a retainer,
fiduciary relationship with the paid from Consolidated Fund of India,
government and his opinions cannot equivalent to the salary of a judge of a
be put in the public domain. Supreme Court.

Attorney General of India:

Art 76 of the Constitution establishes


UN body defers NHRC accreditation
the office of Attorney General of India.
An organization affiliated to the UN High
His only qualification provided in the
Commissioner for Human Rights has deferred
Constitution is that he should be
National Human Rights Commission (NHRC)s
qualified to be appointed a Judge of
re-accreditation until November 2017. The
the Supreme Court.
NHRC will be unable to represent India at UN
He holds office during the pleasure of
Human Rights Council without the
the President i.e. unlike judges of
accreditation.
court there is no procedure to remove
or appoint an Attorney General. About NHRC:
The Constitution mentions his
function as: to give advice to the NHRC is a statutory body established
Government of India on legal matters under the Protection of Human Rights
and to perform such other duties of a Act, 1993.
legal character, as may from time to It consists of a chairman and four
time be referred or assigned to him by members.
the President. The chairman should be a retired
The Constitution gives him the right Chief Justice of India.
of audience in all courts in the The commission also has four ex-
territory of India. officio members- chairmen of:
He can take part in proceedings of National Commission for Minorities,
both the Houses of Parliament National Commission for Schedule
including joint sittings. However, he Casts, National Commission for
cannot vote in parliament. Schedule Tribes and National
Attorney general can also be made a Commission for Women.
member of any parliamentary The chairman and members are
committee but in the committee also, appointed on the recommendation of
he has no power to vote. a 6 member committee consisting of
Prime Minister as its head, Speaker of
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Lok Sabha, Deputy Chairman of Rajya Contempt of court is the offence of
Sabha, leaders of Opposition in both being disobedient to or discourteous
Houses of Parliament and the Central towards a court of law and its officers
Home Minister. in the form of behavior that opposes
The chairman and the members hold or defies the authority, justice, and
office for a term of 5 years or until dignity of the court.
they attain the age of 70, whichever is Contempt of court is not defined in
earlier. the Indian constitution. But it does
After their tenure, they are not find mention in many articles, for
eligible for further employment under example as a restriction on Freedom
the Central or a state government. of Speech in Art 19(2).
The specific objectives for In India, contempt of court is defined
establishment of Commission are: under Section 2(a) of the Contempt of
o To strengthen the institutional Courts Act of 1971. This section also
arrangements through which divides the contempt into two types:
human rights issues could be o Civil contempt: Civil contempt
addressed in their entirety. is defined under Section 2(b)
o To look into allegations of of the Act. Civil contempt is
excesses, independently of the when a person willfully
government, in a manner that disobeys any order of a court
would underline the (a recent example of civil
governments commitment to contempt would be Sahara
protect human rights. Group chief Subratra Roys
o To complement and failure to obey an order by the
strengthen the efforts that Supreme Court to refund
have already been made in investors)
this direction. o Criminal contempt: Criminal
contempt is defined under
Section 2(c) of the Act.
Criminal contempt is
Supreme Court initiates Contempt of interfering with the
court proceedings against a sitting administration of justice (for
judge instance, interrupting a court
In a first, a bench of seven Supreme Court
hearing), or scandalizing the
judges started contempt of court proceedings
court or lowering its
against Calcutta HC Judge CS Karnan for
authority.
leveling allegations of corruption
The Contempt of Courts Act, 1971,
against Madras HC chief justice and other
also states that fair criticism of any
judges repeatedly.
case which has been heard and
Prelims related facts: decided is not contempt.

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Niqah Halala requires that the
divorced woman marry some other
man and after obtaining divorce from
Supreme Court to set up Constitution her second husband, she can remarry
bench to hear petition against Triple her first husband the second time.
Talaq
News Prelims related facts:

The Supreme Court said that a five-judge Art 25-30 provide Freedom of
Constitution Bench would be set up to hear Religion to the citizens which inter
the questions of legality in the practice of alia includes right to profess and
Triple Talaq, nikah halala and polygamy and practice (to individuals) and right to
decide whether these practices violate the manage religious affairs (to
fundamental rights of Muslim women. institutions).
The articles provide for restrictions
Additional information:
on these freedoms (Art 25 and 26
In Islam, talaq is of two types- subject the freedom of religion to
Revocable (Talaq-e-sunnat) and public order, morality and health).
Irrevocable (Talaq-e-Bidat) They also allow the State to regulate
Talaq-e-Bidat is the practice which secular activities associated with
gives a man the right to divorce to his religious practices.
wife by uttering 'talaq' three times Doctrine of Essential Religious
without waiting for her consent on Practices- This doctrine, established
the matter. by the Supreme Court, says that the
At present the Muslim personal laws protection under Art 25 and 26 is
come under two key legislations: The accorded to only those practices that
Muslim Personal Law (Shariat) are regarded by the said religion as its
Application Act, 1937 and the essential and integral part.
Dissolution of Muslim Marriages Act,
1939.
Under the 1937 law, a Muslim
FIR against a local newspaper for
husband can give divorce through
publishing details of an Exit Poll
the mediation of Islamic clerics or
during elections
effect his own divorce through formal News
or informal means.
Significantly, a Muslim husband The Election Commission of India directed
cannot go to court to seek divorce. the Chief Electoral Officer of Uttar Pradesh to
The practice of Niqah Halala file an FIR against Hindi daily Dainik Jagran,
prevents the reversal of the triple for running an exit poll during Uttar Pradesh
talaq. elections

Exit polls in India:

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An Exit poll is a poll of voters taken There are no other restrictions on
immediately after they have exited Opinion polls.
the polling stations. An exit poll asks Election Commission has mandated
for whom the voter actually voted. that while carrying the results of exit
Election Commission of India lays and opinion polls, newspapers and
down guidelines for the publication of channels should disclose the
exit poll following:
The Commission bars publication of o Sample size of the electorate
exit poll results till the last round of o Details of polling methodology
elections is over. o Margin of error
Section 126A of Representation of o Background of the polling
People Act prohibits conduction of agency.
Exit poll and dissemination of their
results during the period: from
commencement of polls in the first
phase and half hour after the time
fixed for close of poll for the last Lieutenant Governor as the
phase in all the States. administrative head of Delhi
News
Any violation of this section can lead
to FIR being filed by Election The Supreme Court said that it would look
Commission. into the plea for early setting up of a
constitution bench to hear Delhi
Opinion Polls in India:
government's appeals against the High Court
An election opinion poll is a human verdict holding Lieutenant Governor (LG) as
research survey of public opinion the administrative head of Delhi.
from a particular sample.
Administration of Delhi:
It is a pre-election survey that shows
people's views on various political Art 239AA (under the Sixty-ninth
issues. Constitutional Amendment Act) sets
Section 126(1)(b) of the RP Act, 1951 up the National Capital Territory of
bars publication of Opinion polls in Delhi.
electronic media for 48 hours prior to The Article establishes a legislative
an election in that polling area. This assembly (and council of ministers)
section applies only to electronic for Delhi and gives it powers to make
media. laws on State list and Concurrent List
Any violation of Section 126(1)(b) is except for the subjects Public Order,
punishable under Section 126(2) with Police and Land.
imprisonment for a term which may However, the laws of Parliament will
extend to two years or with fine, or prevail over the laws of the state
with both. Assembly as Delhi is a Union Territory

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32
unless the Assemblys law has been Middle Income Group Scheme
reserved for the President and then News:
receives his assent.
The Chief Minister of Delhi is Supreme Court of India has introduced the
appointed by the President. Middle Income Group Scheme. It is a self
In case of difference of opinion supporting scheme which provides legal
between the LG and the ministers, the services to the middle income group citizens.
LG is to refer the matter to the
About the scheme:
President and act accordingly.
Under Art 239B, the Lieutenant The scheme is for citizens whose
Governor is empowered to gross income does not exceed Rs.60,
promulgate Ordinances. However, 000 per month or Rs. 7, 50, 000 per
there are few restrictions on it: annum.
o Ordinance can be A society will be established with
promulgated only after taking Chief Justice of India (CJI) as Patron-
permission from the in-Chief, Attorney General as ex-
President. officio Vice President, Solicitor
o He can only promulgate General as Honorary Secretary and
Ordinance when assembly is other senior advocates as its
not in session. members.
o He cannot promulgate The applicant would have to pay Rs
Ordinance when the assembly 500 as service charge to the Supreme
is dissolved or suspended. Court Middle Income Group Legal Aid
The Ordinance has to be approved by Society (SCMIGLAS).
the Assembly within six weeks of its The Secretary will register the case
reassembly otherwise it will expire. under this scheme and then it will be
Ordinance can only be promulgated forwarded to Advocate-on-
on issues on which the Assembly has Record/Arguing Counsel/Senior
the power to make laws. Counsel on the panel for opinion.
The central government has also If Advocate-on-Record is satisfied that
passed the Government of National it is a fit case to be proceeded with,
Capital Territory of Delhi Act, 1991 to then the Society will consider that the
supplement these constitutional applicant is entitled to legal aid. The
provisions. view expressed by the Learned
Advocate-on-Record will be final.
As per the scheme, contingent fund
will be created to meet the
miscellaneous expenditure in
connection with the case under the
Scheme.

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Also, if the Advocate who is appointed LEMOA is a facilitating agreement that
under the Scheme is found negligent establishes basic terms, conditions,
in the conduct of the case entrusted to and procedures for reciprocal
him, then he will be required to provision of Logistic Support,
return the brief together with the fee Supplies, and Services between the
which he may have received from the armed forces of India and the United
applicant. States.
Reciprocal logistic support would be
used exclusively during authorized
port visits, joint exercises, joint
training, and humanitarian assistance
India and the United States sign the and disaster relief efforts. Any other
Logistics Exchange Memorandum Of requirement has to be agreed upon by
Agreement (LEMOA) both sides on a case-by-case basis.
The agreement, put simply, provides access to Provision of Logistic Support,
each others military facilities for fuelling and Supplies, and Services from one Party
logistic support on a reimbursable basis. to the other would be in return for
either cash payment or the reciprocal
Additional information:
provision of Logistic Support,
LEMOA is a tweaked India-specific Supplies, and Services.
version of the Logistics Support The Agreement does not create any
Agreement (LSA), which the U.S. has obligations on either Party to carry
with several countries it has close out any joint activity. It does not
military to military cooperation. provide for the establishment of any
It is also one of the three foundational bases or basing arrangements.
agreements as referred to by the
U.S.
The three agreements Logistics
Centre bans sharing of Aadhaar details
Support Agreement (LSA),
The central government has directed that
Communications Interoperability and
agencies in possession of Aadhaar number of
Security Memorandum of Agreement
an individual will not be allowed to publish or
(CISMOA) and Basic Exchange and
post the information publicly and will have to
Cooperation Agreement for Geo-
ensure security and confidentiality of the 12-
spatial Cooperation (BECA) are
digit identification number under the
referred to as the Foundational
Aadhaar Act. Any violation of the Aadhaar Act
agreements which the U.S. signs with
would constitute an offence and is punishable
countries with which it has close
under the Act.
military ties.
About Aadhar Act:
Prelims related facts:

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Aadhaar is a 12-digit unique Defence Acquisition council clears
identification number issued by the proposals worth $3 Billion
Indian government to every The Defence Acquisition Council (DAC) has
individual resident of India. The cleared proposals worth $3 billion to buy anti
Unique Identification Authority of tank missiles and Electronic warfare system.
India (UIDAI) is responsible for
About DAC:
managing and assigning Aadhaar
numbers and Aadhaar cards. DAC is headed by the Defence
In March, the Aadhaar (Targeted Minister and is responsible for
Delivery of Financial and Other
decision making in regard to the
Subsidies, Benefits and Services) Bill,
2016 was passed by the parliament. It totality of the new planning process,
is also referred to as Aadhaar Act which inter-alia involves according in
The Act will provide statutory backing principle approval of Capital
for transfer of subsidies and benefits Acquisitions in the long term
to eligible people having Aadhaar perspective plan.
(UID) number. The decision flowing from the
Every resident shall be entitled to
Defence Acquisition Council are to be
obtain an Aadhaar number.
implemented by the following three
To obtain an Aadhaar number, an Boards:-
individual has to submit his o Defence Procurement Board
o Biometric information headed by the Defence
(photograph, finger print, iris Secretary;
scan) o Defence Production Board
o Demographic (name, date of
headed by the Secretary
birth, address) information. (Defence Production);
The collected personal information o Defence Research &
cannot be revealed by the authority Development Board headed
except under two cases- In the by the Secretary (Defence
interest of national security and on Research & Development).
the orders of a court.
The Act prescribes a punishment of
imprisonment upto three years and
minimum fine of Rs 10 lakh for India suspends talks on Indus water
revealing personal information in any pact
other case by anyone.
The government decided to suspend talks on
The Act also provides a statutory the Permanent Indus Commission, the
backing to UIDAI. It specifies its dispute redressal mechanism under Indus
composition and functions. Water Treaty, in wake of Uri attack. It was
also decided to increase the utilisation of
rivers flowing through Jammu and Kashmir to
maximise Indias share.

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About the Treaty: About the Bill:

Signed in 1960, the IWT is an The Bill consolidates the existing laws
agreement that was signed by former relating to admiralty jurisdiction of
Prime Minister Jawaharlal Nehru and
courts, admiralty proceedings on
the then President of Pakistan, Ayub
Khan. It was brokered with the help of maritime claims, arrest of vessels and
World Bank. related issues.
The treaty deals with sharing of water It also repeals five obsolete British
of six rivers Beas, Ravi, Sutlej, statues on admiralty jurisdiction in
Indus, Chenab and Jhelum, between civil matters.
the two countries. The Bill confers admiralty jurisdiction
The three western rivers (Jhelum,
on High Courts located in coastal
Chenab and Indus) were allocated to
Pakistan while India was given states of India and this jurisdiction
control over the three eastern rivers extends upto territorial waters.
(Ravi, Beas and Sutlej). The jurisdiction is extendable, by a
While India could use the western Central Government notification, upto
rivers for consumption purpose, exclusive economic zone or any other
restrictions were placed on building maritime zone of India or islands
of storage systems.
constituting part of the territory of
The two countries have been
embroiled in conflicts over a number India.
of projects including the Salal It applies to every vessel irrespective
hydroelectric project on the Chenab, of place of residence or domicile of
the Tulbul project (on Wular lake), owner.
the Kishenganga (on Kishanganga Inland vessels and vessels under
river), Baglihar project (on Chenab
construction are excluded from its
river) and Ratle (on Chenab river)
hydroelectric plants. application but the Central
Most disagreements and disputes Government is empowered to make it
have been settled via legal applicable to these vessels also by a
procedures, provided for within the notification if necessary.
framework of the treaty. It does not apply to warships and
naval auxiliary and vessels used for
non-commercial purposes.
Admiralty (Jurisdiction and Settlement
of Maritime Claims) Bill 2016

The Union Cabinet has given its approval to


the proposal of Ministry of Shipping to enact
Admiralty (Jurisdiction and Settlement of
Maritime Claims) Bill 2016 and to repeal five
archaic admiralty statutes.

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Credit rating of cities launched by In India, while SEBI had framed the
Ministry Of Urban Development regulations for such bonds, municipal
bodies have been weak in raising
To help urban local bodies float municipal finances using municipal bonds.
bonds, Ministry Of Urban Development
launched the process of credit rating for 85
cities. It has already been completed for 12
cities.
Supreme Court admits plea against
Additional information: triple talaq
The Supreme Court on Friday took on board a
Ahmedabad Municipal Corporation and New petition by a West Bengal-based Muslim
Delhi Municipal Council (NDMC) have got A. woman to declare the practices of ''talaq-e-
All these 85 cities (under the initiative of bidat'' (triple talaq), ''nikah halala'' and
credit rating of urban local bodies) would be polygamy under the Muslim personal laws
given credit rating by next year. illegal and unconstitutional.

Prelims related facts: Additional information:

A municipal bond is a debt security In Islam, talaq is of two types-


issued by a municipality or county to Revocable (Talaq-e-sunnat) and
finance its capital expenditures. Irrevocable (Talaq-e-Bidat)
A credit rating is necessary to float Talaq-e-Bidat is the practice which
municipal bonds for mobilizing gives a man the right to divorce to his
resources as the rating certifies the wife by uttering 'talaq' three times
quality of the bonds. without waiting for her consent on
The 74th Constitutional Amendment the matter.
Act paved way for the improvement of At present the Muslim personal laws
institutional capacity of ULBs and come under two key legislations: The
opened their routes for raising Muslim Personal Law (Shariat)
independent revenue by directly Application Act, 1937 and the
levying taxes, fees and accessing Dissolution of Muslim Marriages Act,
capital market. 1939.
Art 243X provides the Urban Local Under the 1937 law, a Muslim
Bodies the power to raise funds by husband can give divorce through
various methods. the mediation of Islamic clerics or
The major sources of funds for these effect his own divorce through formal
bodies are grants-in-aid and or informal means.
subsidised loans by central and state Significantly, a Muslim husband
government. cannot go to court to seek divorce.

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The practice of Niqah Halala The Transgender Persons (Protection
prevents the reversal of the triple of Rights) Bill, 2016
talaq.
Niqah Halala requires that the The Transgender Persons (Protection of
Rights) Bill, 2016 has been introduced in the
divorced woman marry some other
LokSabha. This bill has been referred to a
man and after obtaining divorce from Standing Committee.
her second husband, she can remarry
her first husband the second time.
About the Bill:
Prelims related facts:
In 2014, the Supreme Court delivered
Art 25-30 provide Freedom of the landmark judgment of NALSA v.
Religion to the citizens which inter Union of India, which affirmed the
alia includes right to profess and fundamental rights of transgender
practice (to individuals) and right to persons.
manage religious affairs (to The Bill defines a transgender person
institutions). as one who is partly female or male;
The articles provide for restrictions or a combination of female and male;
on these freedoms (Art 25 and 26 or neither female nor male.
subject the freedom of religion to Such a persons gender does not
public order, morality and health). match the gender assigned at birth,
They also allow the State to regulate and includes trans-men and trans-
secular activities associated with women, persons with intersex
religious practices. variations and gender-queers.
Doctrine of Essential Religious A transgender person must obtain a
Practices- This doctrine, established certificate of identity as proof of
by the Supreme Court, says that the recognition of identity as a
protection under Art 25 and 26 is transgender person and to invoke
accorded to only those practices that rights under the Bill. This certificate
are regarded by the said religion as its would be granted by the District
essential and integral part. Magistrate on the recommendation of
a Screening Committee.
It protects transgenders from
discrimination in education,
employment, healthcare, access to
public goods, the right to rent or buy
property, etc
It directs the central and state
governments to provide welfare
schemes for transgenders.

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Offences like compelling a
transgender person to beg, denial of
access to a public place, physical and
sexual abuse, etc. would attract up to
two years imprisonment and a fine.
The bill establishes a National Council
for Transgender persons under the
chairmanship of Union Minister for
Social Justice. It will also include
members from Ministries of Health,
Home Affairs, Minority Affairs etc and
from NITI Aayog, National Human
Rights commission and National
Commission for Women.

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39

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