Calling Attention Motion
What are Motion
- A Motion refers to a formal proposal made by a member of Legislature to initiate discussion on a matter of general public importance. It can be Moved either by ministers or Private Members.
- No Discussion can be made except for such motions that has consent of presiding officer.
Calling Attention Motion
- A member may with the prior permission of the Speaker call the attention of
a Minister to a matter of urgent public importance and request him to make a
statement thereon. This is an Indian Innovation.
MODEL PRISON MANUAL, 2016 for UPSC Exams
WHAT IS MODEL PRISON MANUAL?
Model Prison Manual, 2016 is a set of guidelines developed by Ministry of Home Affairs. It covers about prisoner classification and privileges, disciplinary action and complaints procedures, sanitary and hygiene regulations, etc.,
- Article 39 (a) Fair justice also deals with prisoners.
- Article 14,19,20,21 and 22 deal with Rights of prisoners.
- The union Home ministry has asked the states of Union Territories who have not adopted Model Prison Manual so far, to bring in accordance with guidelines provided by Manual.
- Prison is a state subject.
National Investigation Agency - UPSC
National Investigation Agency:
- Mains : GS2 (Polity and Governance), GS3 (Security)
What is National Investigation Agency (NIA), exactly?
The National Investigation Agency (NIA) is a federal agency in India that works under the Ministry of Home Affairs, Government of India which was established in 2009 by the Indian government to combat terrorism and other serious crimes that have national and international ramifications.
The NIA is empowered to investigate and prosecute offenses related to terrorism, as well as offenses that fall under the purview of various other laws, including the Atomic Energy Act, the Unlawful Activities (Prevention) Act, the Explosives Act, and the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act.
Headquarters: New Delhi, India
Branches: Hyderabad, Kolkata, Chennai, Guwahati, Mumbai, Lucknow, Raipur, Kochi and Jammu
Why was NIA set up?
The National Investigation Agency (NIA) was created in India primarily to address the increasing threat of terrorism in the country and to strengthen the legal framework for investigating and prosecuting terrorism-related cases.
The NIA's objectives:
The National Investigation Agency (NIA) was established in India with the primary goal of combating terrorism and other serious crimes that have national and international ramifications. The agency was created to strengthen the existing legal framework for investigating such cases and to provide a specialized agency with the necessary resources and expertise to effectively investigate and prosecute terrorism-related cases across state and international borders.
- To investigate and prosecute offenses related to terrorism and other serious crimes that have national and international ramifications, as per the provisions of the National Investigation Agency Act, 2008.
- To take over investigations of such offenses from state police forces under certain circumstances, as per the provisions of the Act.
- To coordinate with other law enforcement and intelligence agencies in India and around the world to identify, track, and prosecute individuals and groups involved in such crimes.
- To gather and analyze intelligence related to terrorism and other serious crimes.
- To develop and maintain expertise in the investigation of terrorism-related cases, including the use of advanced forensic techniques and technologies.
- To enhance public awareness about the threat of terrorism and other serious crimes and to promote cooperation and coordination among various stakeholders in countering such threats.
- To Investigate professionally the scheduled offences utilising the latest scientific methods.
Amendments of NIA:
- Empowering NIA to investigate cybercrimes: The NIA Act was amended in 2019 to empower the NIA to investigate cybercrimes and offenses related to the use of explosives.
- Provision for attachment of property: The NIA Act was amended in 2019 to provide for the attachment of property of a person who is being investigated by the agency. This provision is aimed at preventing the person from disposing of the property and frustrating the investigation.
- Expansion of NIA's jurisdiction: The NIA Act was amended in 2019 to expand the agency's jurisdiction to investigate offenses related to human trafficking, counterfeit currency, and manufacture or sale of prohibited arms.
- Provision for special courts: The NIA Act was amended in 2019 to provide for the establishment of special courts for the trial of cases investigated by the agency.
- Authorization to investigate cases related to scheduled offenses: The NIA Act was amended in 2019 to authorize the NIA to investigate cases related to scheduled offenses even if they are not directly linked to terrorism.
Cases that NIA dealt with:
The National Investigation Agency (NIA) has been involved in several high-profile cases related to terrorism, organized crime, and other serious offenses in India. Here are some examples of cases held by the NIA:
Mumbai Terror Attack Case: The NIA investigated the 2008 Mumbai terror attack case, in which ten Pakistani terrorists carried out coordinated attacks in Mumbai, killing 166 people.
Pathankot Attack Case: The NIA investigated the 2016 Pathankot attack case, in which a group of terrorists attacked an Indian Air Force base in Pathankot, Punjab, killing seven security personnel.
Pulwama Attack Case: The NIA investigated the 2019 Pulwama attack case, in which a suicide bomber attacked a convoy of vehicles carrying security personnel in Jammu and Kashmir, killing 40 CRPF personnel.
ISIS Conspiracy Case: The NIA has investigated several cases related to the activities of the Islamic State of Iraq and Syria (ISIS) in India, including the ISIS Conspiracy Case in which several individuals were arrested for allegedly planning to carry out terror attacks in India.
Hizbul Mujahideen Funding Case: The NIA investigated the Hizbul Mujahideen funding case, in which several individuals were arrested for allegedly providing financial support to the Hizbul Mujahideen terror group in Jammu and Kashmir.
Illegal Arms and Ammunition Case: The NIA has also investigated several cases related to the illegal trafficking of arms and ammunition, including the seizure of a large cache of arms and ammunition from various parts of the country.
Preamble - Porul.in Explainer
The Preamble is an introductory statement to the constitution. It is intended to state the subject, aims and objectives of the constitution. The Preamble to the Indian Constitution is based on the "Objective Resolution" of Nehru. Jawaharlal Nehru introduced an objective resolution on December 13, 1947 and it was accepted by constituent assembly on 22nd January 1947.
The Preamble derives its authority from the people of India. It declares India to be a sovereign, socialistic, secular, democratic and republic. It specifies justice, liberty, equality and fraternity as the objectives. It was adopted on November 26th, 1949.
The Preamble has been amended only once by the 42nd Constitutional amendment, 1976. With the help of this amendment three new words were added to the Preamble namely socialist, secular and integrity.
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SCOPE:
SIGNIFICANCE OF THE PREAMBLE:
KEY WORDS:
OBJECTIVES:
LANDMARK CASES:
A Study on Constitutional Doctrines - porul.in Explainer
A Doctrine is a principle, theory, or position that is usually applied and upheld by Courts of Law. See a Doctrine can either be a rule, theory or tent of law. In Indian Constitutional law, there are different judicial doctrines that develop over time as per the interpretation given by the judiciary. Some of the important judicial doctrines are discussed here.
DOCTRINE OF BASIC STRUCTURE:
ORIGIN:
- The origins of this basic structure are found in the German Constitution, which after the Nazi regime, was amended to protect some basic laws.
IMPORTANT JUDGEMENTS:
- In Kesavananda Bharati case 1973, the Supreme Court of India held for the first time that the parliament has the power to amend any part of the constitution but it cannot alter the "basic structure of the constitution".
- It was reaffirmed by the Indira Nehru Gandhi vs Raj Narain case (1975).The SC struck down the 39th Amendment Act as it was against the principle of separation of powers. It placed the disputes relating to the president, Vice President, Prime Minister and Speaker of Lok Sabha beyond the jurisdiction of all Courts.
DOCTRINE OF SEPARATION OF POWERS:
- One organ should not form part of the other 2 organ (Judiciary cannot be a part with executive and legislature).
- One organ should not interfere in working of the other organ (Executive cannot interfere in legislative work).
- One organ should not exercise the function of the other organ. (Legislature cannot perform duties of judiciary).
- Article-50 of the Directive Principles of the State Policy (DPSP) puts an obligation over the state to separate the judiciary from executive. This article says,
IMPORTANT JUDGEMENTS:
- In Ram Jawaya v. State of Punjab the SC held that the Doctrine of Separation of Power was not fully accepted in India.
- In Indira Nehru Gandhi v. Raj Narain (1975), the SC held that the separation of powers is a part of the basic structure of the Constitution. None of the three separate organs of the Republic can take over the functions assigned to the other.
DOCTRINE OF PITH AND SUBSTANCE:
Pith means "True Nature" and Substance means "the most important or essential part of something". There can be circumstances in which subject matter of list 1 (state legislature) clashes with the subject matter of list 2 (union legislature). Hence, this doctrine is applied in this kind of situation. "The Doctrine of Pith and Substance" is applied to determine whether a particular law relates to a particular subject mentioned in one list or the other.
Apart from its applicability in cases related to the competency of the legislature (Article 246), this doctrine is also applied in cases related to Repugnancy in laws made by Parliament and laws made by the State Legislature (Article 254). (Repugnancy is basically when two pieces of legislation have a conflict between and when are applied to the same facts but they produce different outcomes or results). This doctrine is employed in such cases to resolve the inconsistency between laws made by the Centre and the Legislature.
ORIGIN:
- The origin of this doctrine lies in Canada and in India it came to be adopted in the pre-independence period, under the Government of India Act, 1935. This Doctrine is firmly supported by Article 246 of the Constitution and the Seventh Schedule.
IMPORTANT JUDGEMENT:
- In State of Bombay Vs. F.N. Balsara, was a case in which Bombay Prohibition Act was challenged on the grounds that the prohibition of liquor on the borders was a matter of Central Government. The act was held valid by the court, it fell under the State list though it was impacting the liquor.
- Another important case for this Doctrine in Prafulla Kumar Mukherjee v. Bank of Khulna.
DOCTRINE OF SEVERABILITY:
It is also known as "Doctrine of Separability" and protects the fundamental rights of the citizens. As per clause (1) of the Article 13 of the Constitution, if any of the laws enforced in India are inconsistent with the provisions of fundamental rights, they shall be made void.
The whole law/act would not be held invalid, but only the provisions which are not in consistency with the Fundamental Rights. According to this Doctrine, if there is any offending part in the statute, then the offending part can be declared as void, not the entire statute and the valid part can be kept.
If the valid and invalid part are so closely mixed up with each other that it cannot be separated then the whole law or act will be held invalid.
ORIGIN:
- This Doctrine found its roots in England in the case of Nordenfelt v. Maxim Guns and Ammunition Company Ltd., here the issue was related to a Trade clause. Here the disputed clause was severable; and hence only a part of it become void. In this case, however, it was not exactly the doctrine of severability; it was "doctrine of blue pencil".
IMPORTANT JUDGEMENTS:
- In the case of RMDC vs. UOI, SC stated that doctrine of severability is a matter of substance and not of form.
- In A.K. Gopalan v. State of Madras (1950), the SC held that in case of inconsistency to the Constitution, only the disputed provision of the Act will be void and not the whole of it. The Court found that Section 14 of the Preventive Detention Act to be violative of Article 14 of the Constitution. Hence, the Section 14 of the Act was severed and held void, while the other provisions remain to be valid within the Statute.
- In State of Bombay v. F.N. Balsara(1951), the disputed statute here was Bombay Prohibition Act, where the unconstitutional provision was held void and inoperative while the other part was not damaged and the Statue was stille be remaining in the force.
DOCTRINE OF ECLIPSE:
It is applied when any law/act violates the Fundamental Rights. This means the law becomes dormant and makes it unenforceable but not void ab initio (Having no legal effect from the origin).
If the said fundamental right is amended, in that case, the dormant law becomes active. It is only against the citizens that these laws/acts remain in a dormant condition but remain in operation as against non-citizens who are not entitled to fundamental rights. Doctrine of eclipse is contained in Article 13(1) of the Indian Constitution. The Doctrine of eclipse does not apply to post-constitutional laws.
IMPORTANT JUDGEMENTS:
- The first case in which this doctrine was applied was Bhikaji vs. State of Madhya Pradesh(It was applied to pre-constitutional laws).
- The extension to the post-constitutional law was stated in the case of DulareLodh vs ADJ Kanpur.
What is Constitution (103rd Amendment) Act, 2019 in Indian Constitution? - Porul
The Constitution (103rd Amendment) Act introduces reservations for economically weaker sections (EWS). This amendment provides reservations in central government and private educational institutions (except minority educational institutions) for admission and recruitment in central government jobs.
Constitution (103rd Amendment) Act, 2019
National Human Rights Commission [NHRC] - Porul
Before discussing National Human rights Commission let's dive to know the meaning of the word Human rights. Going as per Official UN definition, "Human rights are rights we have simply because we exist as human beings - they are not granted by any state. These universal rights are inherent to us all, regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other status. They range from the most fundamental -the right to life -to those that make life worth living, such as the right to food, education, work, health, and liberty".
National Human Rights Commission
- The NHRC is a statutory body established in 1993 under the 'Protection of Human Rights Act'. Later it got amended in 2006. It is an important non-constitutional body.
- Human Rights are essential parts of the society and they are been watched by NHRC. NHRC acts as watch dog of human rights in the country.
- It checks over the rights that are related to life, liberty, equality and dignity of the individual that are defined in section 2(1) of the PHR Act.
- It was established in accordance with the Paris Principles of Human Rights, 1991 approved by the United Nations at its General Assembly of 1993.
Composition of the Commission:
- Chairperson should be a retired Chief Justice or a judge of supreme court.
- Members should be
serving or retired judge of Supreme Court
serving or retired chief justice of High court
- Three persons having knowledge or practical experience in human rights (at least one should be a woman).
- National Commission for minorities
- National Commission for SCs,
- National Commission for STs,
- National Commission for Women,
- National Commission for BCs,
- National Commission for the protection of child rights
- Chief Commissioner for persons with disabilities.
Terms of the chairperson and Members:
- The Amendment act, 2019 reduces the term from five to three years or till the age of 70 years, whichever is earlier and shall be eligible for re-appointment.
Working and Functions of the commission:
- It is vested with the power to regulate its own procedure
- It has all the powers of civil court and its proceedings have a judicial character
- The commission has its own nucleus of investigating staff for investigation and complaints of violation of human rights.
- It can look into a matter within one year of its occurrence.
- Concerned government or authority to make payment of compensation or damages to the victim
- Concerned government or authority the Initation of proceedings for prosecution or any other action against the public servant
- Concerned government or authority for the grant of immediate interim relief to the victim.
- It may approach the Supreme Court or High Court concerned for the necessary directions, orders or writs.
Appointment and Removal:
- The President appoints the Chairperson and members based on the recommendations of a six member committee.
- Bankruptcy(Insolvency), or
- Unsound mind, or
- Infirmity of body or mind, or
- Engages in paid Employment, or
- Sentenced to imprisonment for an offence.
- The removal is also done on the charges of proved Misbehaviour or incapacity, if the Supreme Court's enquiry finds so.
Non-Constitutional Bodies [Part-1] - Porul
NITI AAYOG
NITI AAYOG was an important feature of policy making and governance in India, although it no longer exists as it replaced the Planning Commission on January 1, 2015, with Jawaharlal Nehru as the Prime Minister. Planning Commission is served as a planning vehicle for close to six decades. It did not derive its creation either from the Constitution or statutes but was an arm of the Central/Union government.
ADMINISTRATIVE SKELETAL:
It consists of a
- Chair Person(Prime Minister)
- Vice Chair Person(Appointed by Prime Minister)
- Governing Council(Chief Ministers of all states and Lt. Governors of Union territories)
- Regional Council (They address specific regional issues, comprising of Chief Ministers and Lt. Governors chaired by Prime Minister or his nominee.)
- Adhoc membership (2 members in ex-officio capacity from leading Research institutions on rotational basis)
- Ex-Officio membership (Maximum four from Union council of ministers to be nominated by Prime Minister- FINANCE MINISTER AND PLANNING MINISTER)
- Chief Executive Officer (Appointed by Prime Minister for a fixed tenure, in rank of the Secretary to Government of India)
- Special invitees(Experts, Specialists with domain knowledge nominated by Prime Minister)
NITI AAYOG HUBS
Niti Aayogs entire range of activities is divided into two main hubs
- Team India Hub
- Knowledge and Innovation Hub
1. Team India Hub : It acts as interface between States and Centre. It carries out the authorization of further cooperative federalism and designing policy and programming programme frameworks.
2. Knowledge and Innovation Hub : It builds the think-tank awareness of NITI Aayog. This maintains a state-of-the-art resource centre, a repository of research on good governance and best practices, provides advice and encourages partnerships with key stakeholders, including colleges, universities, think tanks and non-governmental organisations at home and abroad.
IMPORTANCE
- The 65 year old Planning Commission had become a more than enough organization. It was relevant in a command economy structure, but not any longer.
- NITI Aayog is the premier policy think tank of the Government of India, providing directional and policy inputs.
- Apart from designing strategic and long-term policies and programmes for the Government of India, NITI Aayog also provides relevant technical advice to the Centre, States, and Union Territories.
OBJECTIVES
- To foster cooperative federalism through structured support initiatives and mechanisms with the States on a continuous basis, recognizing that strong States make a strong nation.
- To develop mechanisms to plan at the village level and add these at higher levels of government.
- To offer a platform for resolution of inter-sectoral and inter-departmental issues to speed up the implementation of the development agenda.
- To create a knowledge, innovation and entrepreneurial support system through a collaborative community of national and international experts, practitioners and other partners.
- To focus on technology upgradation and capacity building for implementation of programmes and initiatives.
- To design strategic and long term policy and programme frameworks and initiatives, and monitor their progress and their efficacy. The lessons learnt through monitoring and feedback will be used for making innovative improvements, including necessary mid-course corrections.
- To maintain a state-of-the-art Resource Centre, be a repository of research on good governance and best practices in sustainable and equitable development as well as help their dissemination to stake holders.
- To actively monitor and evaluate the implementation of programmes and initiatives, including the identification of the needed resources so as to strengthen the probability of success and scope of delivery.
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Comparison between Planning Commission & Niti Aayog |