27 Nov, 2020
59 Min Read
|GS-II||Anti Defection Law||Indian Polity|
|Should there be one Nation one Election?||Indian Polity|
|Comparison between the pardoning powers of President of USA vs India||Indian Polity|
|HC has virtually taken over executive function: A.P Govt to SC||Indian Polity|
|Reservation in Super Speciality Medical courses: SC||Government policies and interventions|
|GS-III||National Organ Donation Day||Developmental Issues|
|CPCB Study: Trends in Air Pollution||Biodiversity & Environment|
|IRNSS RECOGNIZED UNDER WWRNS BY IMO||S&T|
|PT Pointer||SDGs Investor Map For India launched||Indian Economy|
|Electronic Vaccine Intelligence Network||S&T|
|Information Management and Analysis Center (IMAC)|
Anti Defection Law
India’s first Member of Parliament to have been disqualified from the Lok Sabha has now been disqualified as an MLA in Mizoram. Mizoram Assembly Speaker disqualifies Zoram People’s Movement MLA Lalduhoma.
Ground for disqualification:
The disqualification was on the ground that Mr. Lalduhoma had declared himself as a representative of the Zoram People’s Movement (ZPM) despite being elected as an independent candidate from the Serchhip Assembly constituency.
He lost the character of an independent legislator because of the declaration.
What is the anti-defection law?
The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act.
It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House. The law applies to both Parliament and state assemblies.
When can a member be disqualified?
However, Legislators may change their party without the risk of disqualification in certain circumstances:
Decision of the Presiding Officer is subject to judicial review:
The law initially stated that the decision of the Presiding Officer is not subject to judicial review. This condition was struck down by the Supreme Court in 1992, thereby allowing appeals against the Presiding Officer’s decision in the High Court and Supreme Court.
However, it held that there may not be any judicial intervention until the Presiding Officer gives his order.
Various Recommendations to overcome the challenges posed by the law:
Dinesh Goswami Committee on electoral reforms:
Disqualification should be limited to following cases:
Law Commission (170th Report):
Decisions under the Tenth Schedule should be made by the President/ Governor on the binding advice of the Election Commission.
PM on One Nation, One Election
Recently, the Prime Minister of India has addressed the concluding session of the 80th All India Presiding Officers Conference via videoconference, at Kevadiya (Gujarat) on the occasion of Constitution Day (26th November).
All India Presiding Officers Conference
In the meeting, PM raised the pitch for ‘One Nation, One Election’, a single voter list for all polls and also asked the presiding officers to simplify the language of statute books and allow for an easier process to weed out redundant laws.
One Nation, One Election:
The idea is about structuring the Indian election cycle in a manner so that elections to the Lok Sabha and the State Assemblies are synchronised together so that the election to both can be held within a given span of time.
Comparison between USA vs India
Pardoning Power of the President in the USA:
Pardoning Power of the President in India:
Under Article 72 (PT) of the Constitution, the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence where the sentence is a sentence of death.
Although the President is bound by the Cabinet’s advice, Article74 (1) empowers him to return it for reconsideration once. If the Council of Ministers decides against any change, the President has no option but to accept it.
Under Article 161, the Governor in India too has pardoning powers.
Difference Between Pardoning Powers of President and Governor:
The scope of the pardoning power of the President under Article 72 is wider than the pardoning power of the Governor under Article 161 which differs in the following two ways:
Terms for Prelims
Pardon: It removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments and disqualifications.
Commutation: It denotes the substitution of one form of punishment for a lighter form. For example, a death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to a simple imprisonment.
Remission: It implies reducing the period of sentence without changing its character. For example, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year.
Respite: It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender.
Reprieve: It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose is to enable the convict to have time to seek pardon or commutation from the President.
Andhra Pradesh government recently told the Supreme Court that Andhra Pradesh High Court has “virtually taken over the executive functions of the State”.
What’s the issue?
What has the Supreme Court said on the issue?
What is Judicial Activism?
It refers to the court’s decision, based on the judges personal wisdom that do not go rigidly within the text of the statutory passed by the legislature and the use of judicial power broadly to provide remedies to the wide range of social wrongs for ensuring proper justice.
The Doctrine of separation of Power:
Disadvantages or concerns associated:
In Ram Jawaya v. The State of Punjab (1955), the court observed: “Our Constitution does not contemplate assumption, by one organ or part of the state, of functions that essentially belong to another.” This implies that there should be a broad separation of powers in the Constitution among the three organs of the state (legislative, executive, and judiciary) and that one organ should not encroach into the domain of another. If this happens, the delicate balance in the Constitution will be upset and there will be chaos.
Recently, the Supreme Court (SC) has reserved its order on the state governments providing a 50% in-service reservation for admissions to super-speciality medical courses (Doctorate of Medicine/DM and Master of Chirurgiae/M. Ch.) in government colleges for the academic year 2020-21.
In August 2020, the SC allowed states to grant the benefit of reservation of seats to in-service doctors in the National Eligibility cum Entrance Test (NEET) postgraduate (PG) degree courses.
The judgment held that the state has the legislative competence and authority to provide for a separate source of entry for in-service candidates seeking admission to PG/diploma courses in the exercise of powers under Entry 25, List III.
In November 2020, the Tamil Nadu government allowed counselling and filling of 50% of the super-speciality seats in the government medical colleges with in-service candidates in the state.
They referred to the verdict in Dr Preeti Srivastava & Anr. versus State of Madhya Pradesh & Ors, 1999 which held that “merit, and merit alone, is the basis for admission at the super-speciality level”.
National Organ Donation Day was celebrated on 27th November by the Ministry of Health and Family Welfare.
National Organ Transplant Programme (NOTP)
Provides financial grants for establishing ROTTOs, and SOTTOs, developing new and upgrading existing retrieval and transplant centres.
Organ Donation Institutional Set-up:
The National Organ & Tissue Transplant Organisation (NOTTO), the Regional Organ & Tissue Transplant Organisations (ROTTO) at the regional level and the State Organ & Tissue Transplant Organisations (SOTTO) at the state level.
State of Organ Donation in India:
India ranked third in the world as per WHO Global Observatory on Donation and Transplantation (GODT) in terms of organ donation.
Transplantation of Human Organs Act, 1994
According to a recent study commissioned by the Central Pollution Control Board (CPCB), the rate of increase in pollution levels in southern and eastern India is far greater than in the Indo-Gangetic plain (IGP).
It has also been found that air pollution in rural areas has increased at par with urban India.
About the Study:
What does the IMO recognition mean?
What is IRNSS?
Who can use IRNSS?
United Nations Development Programme (UNDP) and Invest India have launched the Sustainable Development Goals (SDGs) Investor Map for India.
It laid out 18 Investment Opportunities Areas (IOAs) in six critical SDG enabling sectors, that can help the country push forward on the trajectory of Sustainable Development.
The six focus sectors: Education, healthcare, agriculture and allied activities, financial services, renewable energy and alternatives and sustainable environment.
Of the 18 IOAs identified, 10 are already mature investable areas that have seen robust Private Equity and Venture Capital activity.
The remaining eight IOAs are emerging opportunities, which have seen traction from early-stage investors.
The map has also identified eight ‘white spaces, which have seen investor interest and have the potential to grow into IOAs in five to six years with policy support and private sector participation.
Do you know?
Invest India is the national investment promotion agency under the Commerce & Industry Ministry.
The Indian government is using eVIN (Electronic Vaccine Intelligence Network) in association with the United Nations Development Program (UNDP) to identify primary beneficiaries and vaccine distribution networks.
The Navy’s Information Management and Analysis Centre (IMAC) will soon become a National Maritime Domain Awareness (NMDA) centre, with all stakeholders having their presence there.
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