Flash Card

LAKSHYA-75 [Day-49] Static Flash Cards for IAS Prelims 2020

Navtej Singh Johar Case, Position of the bill when Governor reserves it for the consideration of the President; Equality of opportunity in matters of public employment; Electoral college that elects the Vice-President of India; Special status of Jammu and Kashmir; 2018; Padmanabhaiah Committee; Election of Rajya Sabha members; Provisions related to Inter-State Water Disputes; Jeevan Reddy Committee; Interaction models of e-Governance;
By IASToppers
April 27, 2020

Name the Interaction models of e-Governance.

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Answer:

Interaction models of e-Governance are G2C (Government to Citizens), G2B (Government to Business), G2G (Government to Government), G2E (Government to Employees).

Enrich Your Learning:

Interaction models of e-Governance:

There are 4 kinds of interactions in e-governance, namely:

  1. G2C (Government to Citizens):
  • This enables citizens to benefit from the efficient delivery of a large range of public services.
  • Expands the accessibility and availability of government services and also improves the quality of services
  • The primary aim is to make government citizen-friendly.
  1. G2B (Government to Business):
  • It enables the business community to interact with the government by using e-governance tools.
  • The objective is to cut red-tapism which will save time and reduce operational costs. This will also create a more transparent business environment when dealing with the government.
  • The G2B initiatives help in services such as licensing, procurement, permits and revenue collection.
  1. G2G (Government to Government):
  • Enables seamless interaction between various government entities.
  • This kind of interaction can be between various departments and agencies within government or between two governments like the union and state governments or between state governments.
  • The primary aim is to increase efficiency, performance and output.
  1. G2E (Government to Employees):
  • This kind of interaction is between the government and its employees.
  • ICT tools help in making these interactions fast and efficient and thus increases the satisfaction levels of employees.

In 2004, the Central government appointed which committee to review the provisions of the Armed Forces (Special Powers) Act (AFSPA) in the north eastern states?

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Answer: Jeevan Reddy Committee

Enrich Your Learning:

Jeevan Reddy Committee:

  • In November, 2004, the Central government appointed a five-member committee headed by Justice B P Jeevan Reddyto review the provisions of the Armed Forces (Special Powers) Act (AFSPA) in the north eastern states.
  • The committee submitted its report in 2005, which included the following recommendations:
  • AFSPA should be repealedand appropriate provisions should be inserted in the Unlawful Activities (Prevention) Act, 1967;
  • The Unlawful Activities Act should be modifiedto clearly specify the powers of the armed forces and paramilitary forces and
  • grievance cells should be set up in each district where the armed forces are deployed.

What is/are the objective/s of the River Boards Act, 1956?

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Answer:

The River Boards Act, 1956:

  • It provides for the establishment of river boards for the regulation and development of inter-state river and river valleys.
  • A river board is established by the Central government on the request of the state governments concerned to advise them.

Enrich Your Learning:

Provisions related to Inter-State Water Disputes:

  • Article 262 of the Constitutionprovides for the adjudication of inter-state water disputes.
  • It makes two provisions:
  1. Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley.
  2. Parliament may also provide that neither the Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute or complaint.
  • Under this provision, the Parliament has enacted two laws i.e. the River Boards Act (1956)and the Inter-State Water Disputes Act 1956.

Inter-State Water Disputes Act:

  • It empowers the Central government to set up an ad hoc tribunalfor the adjudication of a dispute between two or more states in relation to the waters of an inter-state river or river valley.
  • The decision of the tribunal would be final and bindingon the parties to the dispute. Neither the Supreme Court nor any other court is to have jurisdiction in respect of any water dispute which may be referred to such a tribunal under this Act.
  • So far (2016), the Central government has set up eight inter-state water dispute tribunals.

Members of a state’s Legislative Assembly vote in the Rajya Sabha elections in proportional representation with the single transferable vote (STV) system. True OR False.

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Answer: True.

Enrich Your Learning:

Election of Rajya Sabha members:

  • The Rajya Sabha or the Upper House of Parliament is modelled after the House of Lords in the United Kingdom.
  • Article 80 of the Constitution have provisions for members of the Rajya Sabha. Currently, it has 245 members, including 233 elected members and 12 nominated. As per the constitutional limit, the Upper House strength cannot exceed 250.
  • Elections to the Rajya Sabha are indirect;
  • members representing States are elected by elected members of legislative assemblies of the States in accordance with the system of proportional representation by means of the single transferable vote, and those representing Union Territories are chosen in such manner as Parliament may by law prescribe.
  • The Rajya Sabha is not subject to dissolution; one-third of its members retire every second year.
  • Members of a state’s Legislative Assembly vote in the Rajya Sabha elections in what is called proportional representation with the single transferable vote (STV) system.
  • In this system, MLAs don’t vote for each seat. If that were the case, then only ruling party representatives would make it through. Instead, the MLAs are given a paper with the names of all candidates. They have to give their order of preference for each candidate, marking 1,2,3… against their names.
  • To win a Rajya Sabha seat, a candidate should get a required number of votes. That number is found out using the below formula. Required vote = Total number of votes / (Number of Rajya Sabha seats + 1) + 1.

Central Government had set up a Padmanabhaiah Committee in 2000 to address which subject?

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Answer: Police Reforms in India.

Enrich Your Learning:

Padmanabhaiah Committee:

  • Government had set up a Committee in January, 2000 under the Chairmanship of Shri K. Padmanabhaiah to suggest the structural changes in the police.
  • It has also been recommended that constables, and the police force in general, should receive greater training in soft skills (such as communication, counselling and leadership) given they need to deal with the public regularly.
  • There should be a greater recruitment of Sub-Inspectors instead of Constables.
  • Boys/girls, who have passed 10th Standard examination and are below 19 years in age should be eligible to appear in a common competitive qualifying examination.
  • A Police Training Advisory Council should be set up at the centre and in each state to advise the Home Ministers on police training matters.
  • The eligibility criteria for recruitment to the level of Sub-Inspectors should be 12th class pass and an upper age limit of 21 years. 50% of vacancies of SubInspectors should be filled by direct recruitment and 50% reserved for promotions.
  • Since police work cannot be organised on an 8-hour shift basis, police personnel should be given a weekly off and compulsorily required to go on earned leave every year.
  • Every police station should be equipped with ‘investigation kits’ and every sub-division should have a mobile forensic science laboratory.

The Supreme Court of India constitutionalised which section of Indian Penal Code in Navtej Singh Johar Case 2018?

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Answer:

Navtej Johar’ Judgement, given by the Supreme Court of India declared Section 377 of the Indian Penal Code unconstitutional as the law criminalise homosexual acts as an “unnatural offence” which is violation of fundamental rights guaranteed by Indian Constitution.

Enrich Your Learning:

Navtej Singh Johar Case, 2018:

  • Navtej Singh Johar vs Union of India case led to a landmark decision by the Supreme Court of India in 2018 that decriminalised all consensual sex among adults in private, including homosexual sex.
  • The Supreme Court of India determined constitutionality of Section 377 of the Indian PenalCode, a colonial-era law which, among other things, criminalised homosexual acts as an “unnatural offence”.
  • On 6 September 2018, the court unanimously declared the law unconstitutional“in so far as it criminalises consensual sexual conduct between adults of the same sex”.
  • The court found that the criminalisation of sexual actsbetween consenting adults violated the right to equality guaranteed by the Constitution of India.
  • The judgement also made note that LGBT community is entitled to equal citizenshipand protection under law, without discrimination. The verdict was hailed as a landmark decision for LGBT rights in India.
  • Portions of Section 377 relating to sex with minors, non-consensual sexual acts such as rape, and bestiality remain in force.

Background:

  • A writ petition was filed by five peoplein the Supreme Court challenging the constitutionality of Section 377 of the Indian Penal Code.
  • The petitioners were dancer Navtej Singh Johar, journalist Sunil Mehra, chef Ritu Dalmia, hoteliers Aman Nath and Keshav Suri, and businesswoman Ayesha Kapur.
  • The petitioners argued that Section 377 is alleging that it directly violates fundamental rights.

Under Article 370, Indian-administered region jurisdiction is allowed to make its own laws in all matters except which subjects?

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Answer:

Article 370 allows the Indian-administered region jurisdiction to make its own laws in all matters except finance, defence, foreign affairs and communications.

Enrich Your Learning:

Special status of Jammu and Kashmir:

  • Article 370 of the Indian Constitution is a ‘temporary provision’ which grants special autonomous status to Jammu & Kashmir under Part XXI of the Constitution of India, which deals with “Temporary, Transitional and Special provisions”.
  • Except for defense, foreign affairs, finance and communications, Parliament needs the J&K government’s concurrence for applying all other laws.
  • Thus, the J&K’s residents live under a separate set of laws, including those related to citizenship and fundamental rights, as compared to other Indians.
  • Indian citizens from other states cannot purchase land or property in Jammu & Kashmir.
  • The Centre has no power to declare financial emergency under Article 360 in the state. It can declare emergency in the state only in case of war or external aggression.
  • The Union government can therefore not declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.
  • Article 35Awas introduced through a presidential order in 1954 to continue the old provisions of the territory regulations under Article 370 of the Indian constitution.
  • The article permits the local legislature in Indian-administered Kashmir to define permanent residents of the region.
  • It forbids outsiders from permanently settling, buying land, holding local government jobs or winning education scholarships in the region.
  • The article, referred to as the Permanent Residents Law, also bars female residents of Jammu and Kashmir from property rights in the event that they marry a person from outside the state. The provision also extends to such women’s children.

Equality of opportunity in matters of public employment is guaranteed under which Article of Indian Constitution?

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Answer:

Equality of opportunity in matters of public employment is guaranteed under Article 16 of the Indian constitution.

Enrich Your Learning:

Article 16 of the constitution

  • It states the equality of opportunity in matters of public employment.

Provisions under the Article 16 are as under:

  • There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
  • No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residenceor any of them, be ineligible for, or discriminated against in respect or, any employment or office under the State.
  • Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment.
  • Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
  • Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.

Why state legislative members are not included in the election process of Vice-President?

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Answer:

  • The Vice-President’s normal functions are to preside over the council of states. It is only on a rare occasion, and that too for a temporary period, that he may be called upon to assume the duties of the president.
  • That being so, it does not seem necessary that the members of the state legislatures should also be invited to take part in the election of the Vice-President.

Enrich Your Learning:

Electoral college that elects the Vice-President of India:

  • Article 66 of the Indian Constitution states the manner of election of the Vice President.
  • The Vice-President, like the president, is elected the method of indirect election.
  • He is elected by the members of an electoral college consisting of the members of both Houses of Parliament.
  • Thus, this electoral college is different from the electoral college for the election of the President in the following two respects:
  1. It consists of both elected and nominated members of the Parliament(in the case of president, only elected members).
  2. It does not include the members of the state legislative assemblies(in the case of President, the elected members of the state legislative assemblies are included).
  • The Vice President’s election, like that of the President’s election, is held in accordance with the system of proportional representation by means of the single transferable vote and the voting is by secret ballot.

When a state bill is reserved by the governor for the consideration of the President, what are the alternatives the President has?

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Answer:

When a state bill is reserved by the governor for the consideration of the President, the President has three alternatives:

  1. He may give his assent to the bill; the bill then becomes an act.
  2. He may withhold his assent to the bill, the bill then ends and does not become an Act.
  3. He may return the bill for reconsideration of the House or Houses of the state legislature. When a bill is so returned, the House or Houses have to reconsider it within six months.

Enrich Your Learning:

Position of the bill when Governor reserves it for the consideration of the President:

  • When a bill is sent to the governor after it is passed by state legislature, he can Reserve the bill for the consideration of the president.
  • In one case such reservation is obligatory where the bill passed by the state legislature endangers the position of the state high court.
  • When the governor reserves a bill for the consideration of the President, he will not have any further role in the enactment of the bill.
  • If the bill is returned by the President for the reconsideration of the House or Houses and is passed again, the bill must be presented again for the presidential assent only.
  • If the President gives his assent to the bill, it becomes an act. This means that the assent of the Governor is no longer required.
  • If the bill is passed by the House or Houses again with or without amendments and presented to the president for his assent, the president is not bound to give his assent to the bill. He may give his assent to such a bill or withhold his assent.

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Daily Current Flash Cards 2020 Prelims 2020
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