07 November, 2019
20 Min Read
|GS-II||Office of Profit||Miscellaneous|
|National Registry of Voluntary Organ Donors|
|Gujarat Control of Terrorism and Organised Crime (GCTOC) Bill|
|GS-III||Inclusive growth and issues arising from it.||Economic Issues|
Syllabus subtopic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
News: President Ram Nath Kovind has rejected a petition demanding disqualification of 11 AAP MLAs belonging to Aam Aadmi Party for allegedly holding office of profit. The decision of the President rejecting the plea is based on an opinion rendered by the Election Commission.
Prelims focus: About office of profit and its conditions
Mains focus: Criticisms and controversies and ways to address them.
About the issue
About the ‘office of profit’?
Criteria to disqualify an MP or MLA?
Basic disqualification criteria for an MP are laid down in Article 102 of the Constitution, and for an MLA in Article 191. They can be disqualified for:
a) Holding an office of profit under government of India or state government;
b) Being of unsound mind;
c) Being an undischarged insolvent;
d) Not being an Indian citizen or for acquiring citizenship of another country.
What is the underlying principle for including ‘office of profit’ as criterion for disqualification?
Makers of the Constitution wanted that legislators should not feel obligated to the Executive in any way, which could influence them while discharging legislative functions. In other words, an MP or MLA should be free to carry out her duties without any kind of governmental pressure. The intent is that there should be no conflict between the duties and interests of an elected member.
The office of profit law simply seeks to enforce a basic feature of the Constitution- the principle of separation of power between the legislature and the executive.
Role of Judiciary:
The Supreme Court in Pradyut Bordoloi vs Swapan Roy (2001) outlined the four broad principles for determining whether an office attracts the constitutional disqualification.
The Supreme Court, while upholding the disqualification of Jaya Bachchan from Rajya Sabha in 2006, had said that for deciding the question as to whether one is holding an office of profit or not, what is relevant is whether the office is capable of yielding a profit or pecuniary gain and not whether the person actually obtained a monetary gain.
Syllabus subtopic: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
News: The Punjab and Haryana High Court has directed the Centre and the states of Punjab and Haryana, as well as the Union Territory of Chandigarh, to implement ‘The Transplant of Human Organs and Tissues Act, 1994’ in letter and spirit, and to also consider the recommendations of an Expert Committee set up to give suggestions for an effective implementation of the law.
Prelims and mains focus: Key features of the act, recommendations made by the committee and issues associated with organ transplants.
The 1994 Act governs the transplantation of human organs and tissues in India, including the donation of organs after death.
In May 2019, the PGIMER was asked to constitute a committee of doctors for deliberations over the subject, and to submit a report containing measures to promote cadaver donations.
Key Recommendations made by the committee:
Remarks of the Committee about government institutions and awareness process?
Stating that the process of organ donation and consent involves religious beliefs, social taboos and certain apprehensions by the relatives, the Committee has said there needs to be the involvement of certified NGOs and religious bodies to create positive awareness.
It has said that government hospitals and transplant centres should be given priority attention to improve the deceased organ donation, and that measures should be taken to prevent the trend of employing visiting surgeons at private centres in violation of practice registration norms.
Syllabus subtopic: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.
News: First ever ‘BIMSTEC Ports’ Conclave will be held at Visakhapatnam in Andhra Pradesh.
Prelims and Mains focus: BIMSTEC- members, objectives, significance and need for reforms.
In an effort to integrate the region, the grouping was formed in 1997, originally with Bangladesh, India, Sri Lanka and Thailand, and later included Myanmar, Nepal and Bhutan.
BIMSTEC, which now includes five countries from South Asia and two from ASEAN, is a bridge between South Asia and Southeast Asia. It includes all the major countries of South Asia, except Maldives, Afghanistan and Pakistan.
Importance of the region
Syllabus subtopic: Security challenges and their management in border areas; linkages of organized crime with terrorism.
News: President Ram Nath Kovind has given his assent to the ‘Gujarat Control of Terrorism and Organised Crime (GCTOC) Bill’, controversial anti-terror legislation passed in March 2015
Prelims focus: Key features of the law.
Mains focus: Controversial provisions, concerns associated and ways to address them.
The Bill, earlier named as the Gujarat Control of Organised Crime Bill, failed to get the presidential nod thrice since 2004. Now, Sixteen years after the first version of it was passed by the Gujarat Assembly, the Gujarat GCTOC has finally become law.
Controversial provisions in the Bill:
Other provisions :
Syllabus subtopic: Inclusive growth and issues arising from it.
News: The Union Cabinet has approved the creation of an Alternative Investment Fund (AIF) of Rs. 25,000 crore to provide last-mile funding for stalled affordable and middle-income housing projects across the country.
Prelims focus: About the newly announced fund, AIF- key features.
Mains focus: Significance and the need for AIFs.
What are AIFs?
As defined in Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012, AIFs refer to any privately pooled investment fund, (whether from Indian or foreign sources), in the form of a trust or a company or a body corporate or a Limited Liability Partnership (LLP).
As per SEBI (AIF) Regulations, 2012, AIFs shall seek registration in one of the three categories:
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