Summary

Polity Class 03

MEDIATION ACT, 2023: (04:12:00 PM)

About Alternative Dispute Resolution (ADR):
It refers to the different ways people can resolve disputes without a trial.
Other steps to promote ADR in India:
Arbitration and Conciliation Act, 1996, and Arbitration and Conciliation (Amendment) Act, 2019 for the establishment of the Arbitration Council of India.
Legal Services Authorities Act, 1987:
New Delhi International Arbitration Centre (NDIAC) Act, 2019 for the establishment of NDIAC for facilitating institutional arbitration.
Commercial Courts Act, 2015 provides for such Commercial Courts to adjudicate commercial disputes.
Arbitration: In this parties fogo their legal rights and give them to the Dispute arbitrator -> Award -> It will be binding.
Conciliation: The conciliator provides suggestions-> Conciliation Agreement -> Binding. For example, Lok Adalats works like a conciliator.
Mediation: No standalone law to deal with meditation.
However, there are some provisions related to mediation in some Acts like the Companies Act, 2013, Consumer Protection Act, etc.
Key Highlights of Mediation Act 2023:
Defines Mediation:
It includes expression mediation, pre-litigation mediation, online mediation, and community mediation.
Parties attempt to reach an amicable settlement of their dispute with the assistance of a third person referred to as a mediator.
Establishment of the Mediation Council of India (MCI):
Consists of 1 chairperson, 2 full-time members (with experience in mediation or ADR), 1 part-time member (including the Law Secretary, and the Expenditure
Secretary) and 3 ex officio members.
Timeline for conducting Mediation:
Must be completed within 120 days, which may be extended by another 60 days with the consent of the parties.
A party may withdraw from mediation after two sessions.
Court-annexed mediation must be conducted as per the rules framed by the Supreme Court or High Courts.
Conduct of community mediation:
To resolve disputes likely to affect the peace and harmony amongst residents of a locality by a panel of 3 mediators.
Enforceability:
Agreements resulting from mediation will be binding and enforceable in the same manner as court judgments.
The verdict can be challenged before a competent court within 90 days.
A mediated settlement can be challenged on grounds of fraud, corruption, impersonation, and disputes not fit for mediation only.

LOK ADALAT: (04:36:00 PM)

Lok Adalat is an Alternative Dispute Redressal Mechanisms (ADRM).
ADRM involves various methods of resolving conflicts outside of the traditional court system.
They provide a speedy, cheaper, and more amicable approach to resolving conflict.
Key Aspects of Lok Adalat:
Establishment: Under Legal Services Authorities Act, 1987.
Tiers: Constituted at different levels namely, National Lok Adalat, State Authority level, High Court level, District Court level, and Taluk level.
National Level Lok Adalats are held at regular intervals whereas on a single day, Lok Adalats are held throughout the country.
Mobile Lok Adalats are also organized.
Jurisdiction: Disputes/cases pending in the court of law or at the pre-litigation stage.
Nature of cases: Civil Cases, Matrimonial Disputes, Land Disputes, Partition/Property Disputes, Labour Disputes, etc., and non-compoundable criminal Cases.
Powers: Have the same powers as are vested in a Civil Court under the Code of Civil Procedure (1908).
Decisions/Awards are final and binding on all parties. No Appeal shall lie to any Court against its Award.

CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS ACT, 2023: (04:49:00 PM)

Q: Which of the following are correct in the context of the Election Commission:
1. Members of the election commission must have 5 years of judicial experience.
2. The selection committee for members shall consist of the PM, CJI, and leader of opposition in the Lok Sabha
3. CEC shall hold the post for 5 years
1. Only one b. Only two
c. Only three d. None of the above
Answer: d. None of the above.
Key provisions of the Act:
Appointment:
The President shall appoint the CEC and other ECs on the recommendation of a Selection Committee.
A selection committee consisting of:
Prime Minister as Chairperson.
Leader of Opposition/leader of the largest opposition party in the Lok Sabha.
Union Cabinet Minister to be nominated by the Prime Minister.
Search Committee: Headed by the Minister of Law and Justice shall prepare a panel of five persons for consideration by the Selection Committee.
Eligibility criteria:
Persons who are holding or have held a post equivalent to the rank of Secretary to the Government of India and
Should be persons of integrity, who have knowledge of and experience in management and conduct of elections.
Salary: Equal to the salary of a Judge of the Supreme Court.
Term of office:
CEC and other ECs shall hold office for a term of six years from the date on which he assumes his office or till he attains the age of sixty-five years, whichever is earlier.
CEC and other ECs shall not be eligible for re-appointment.
Where an EC is appointed as CEC, his term of office shall not be more than six years in aggregate as the EC and the CEC.
Q: Which of the following is correct in the context of RoPA, 1951
1. A sitting legislator can seek a court stay on conviction of a crime with a punishment of 3 years and get disqualification reversed
2. Providing false information during nomination is dealt with by the Union Government
3. A candidate must provide information about all the criminal charges against him in an affidavit.
1. Only one b. Only two
c. Only three d. None of the above
Answer: 1. Only one.
False Declarations During Filing of Nomination for Elections Legal safeguards:
Candidates contesting elections must file an Affidavit in Form 26 under the Conduct of Elections Rules, 1961.
Section 33A under RPA, 1951: Requires candidates to disclose information about charges framed by a court against them for offenses punishable by more than two years imprisonment and any convictions resulting in imprisonment of one year or more.
Section 125A of the Representation of People Act of 1951: Deals with the penalties for providing false information.

SIMULTANEOUS ELECTIONS: (05:08:00 PM)

Q: Which of the following is correct with respect to the idea of simultaneous elections
1. Under this concept simultaneous elections would happen for Lok Sabha, State Assemblies, and President
2. State assemblies may need to be dissolved earlier to bring this idea into effect
3. Dinesh Goswami committee had proposed this idea
1. Only one b. Only two
c. Only three d. None of the above.
Answer: b. Only two (The first statement is incorrect).
About Simultaneous elections:
Aimed to synchronize the elections to Lok Sabha, State Assemblies, Municipalities, and Panchayats such that voters in a particular constituency vote on the same day.
It does not mean that voting across the country for all elections needs to happen on a single day.
It can be conducted in a phase-wise manner as per the existing practice, provided voters in a particular constituency vote for both the State Assembly and Lok Sabha on the same day.
Simultaneous elections were the norm until 1967.
Following the dissolution of some Legislative Assemblies in 1968 and 1969 and that of Lok Sabha in 1970, elections to State Assemblies and Parliament have been held separately.
Later, the Simultaneous elections idea was proposed by the Election Commission in 1983.
It was also recommended by the Dinesh Goswami Committee.
National Party Status:
Citing the Election Symbols (Reservation and Allotment) Order, 1968, which stipulates criteria for recognition as a national or state party, the Election Commission of India (ECI) now recognizes six national parties:
Bharatiya Janata Party (BJP), Indian National Congress, Bahujan Samaj Party (BSP), Communist Party of India (CPI) (Marxist),
National People’s Party (NPP) and Aam Aadmi Party (AAP).
How is a Party’s National status decided?
Votes in Lok Sabha (LS), state polls: A party should secure at least 6% of votes polled in four or more states in LS or assembly elections, and, in addition, have
at least four members in LS.
Seats in LS: It should have at least 2% of total Lok Sabha seats and have candidates from not less than three states.
Must be a state party: in at least four states.
Benefits of National Party Status.
Exclusive allotment of its reserved symbol to its candidates throughout India.
Need only one person to propose a candidate’s name to file nominations.
Get broadcast facilities over Akashvani/Doordarshan during general elections.
Can have up to 40-star campaigners while others can have up to 20-star campaigners.
Q: Which of the following is/are correct criteria(on) with respect to the status of a party as a national party
1. A party securing at least 2% of the seats in Lok Sabha with candidates from at least 3 states.
2. A party getting the status of a state party in at least 3 states.
3. A party getting at least 6% of votes polled in 4 or more states in HoP or Assemblies and having at least 2 members in the Lok Sabha.
1. Only one b. Only two
c. Only three d. None of the above.
Q: Which of the following is/are correct with respect to star campaigners:
1. Even unregistered parties can avail of the benefit of star campaigners.
2. Expenses made in rallies star campaigners do not get counted towards individual expenses in the elections.
3. Star campaigners have been recognized under the provisions of RoPA, 1951.
1. Only one b. Only two
c. Only three d. None of the above
Answer: b. Only two (The first statement is incorrect).

MULTI-STATE COOPERATIVE SOCIETIES: (05:30:00 PM)

Q: Which of the following is correct with respect to multi-state cooperative societies:
1. It is a subject under the concurrent list in the constitution
2. Such societies can be created only for agricultural purposes
3. Provisions under Part IXB were intended only for the multi-state cooperative societies
1. Only one b. Only two
c. Only three d. None of the above
Answer: d. None of the above.
The President of India granted assent to the multi-state Co-operative Societies (Amendment) Bill, 2022, to amend the Multi-State Co-operative Societies (MSCS) Act, 2002.
Key features of the Act:
Establishment of Co-operative Election Authority.
Consists of a chairperson, vice-chairperson, and up to three members appointed by the central government.
Amalgamation and division of co-operative societies: Allows co-operative societies (registered under state laws) to merge into an existing MSCS.
Co-operative Rehabilitation, Reconstruction and Development Fund: To revive sick multi-state cooperative societies.
Restriction on redemption of government shareholding: Any shares held by the central and state governments cannot be redeemed without the shareholder’s approval.
Redressal of complaints: the central government will appoint one or more Co-operative Ombudsman with territorial jurisdiction.
Appeals against the directions of the Ombudsman may be filed with the Central Registrar.
Composition of board of directors: the board of a multi-state co-operative society will have a maximum of 21 directors.
Inclusion of one Scheduled Caste or Scheduled Tribe member, and 2 women members.
About Co-operatives Societies:
It is a voluntary association of individuals having common needs who join hands for the achievement of common economic interests.
Cooperatives are a state subject.
The subject of cooperatives is mainly dealt with by the State Governments and Union Territory Administrations, with the support and guidance of the Central Government.
Maharashtra has the highest number at 663, followed by Uttar Pradesh (168).

CINEMATOGRAPH (AMENDMENT) ACT, 2023: (05:42:00 PM)

The President of India recently granted assent to the Cinematography (Amendment) Act, 2023.
It amends the Cinematograph Act of 1952, enacted to make provisions for certifying cinematograph films for exhibition and regulating exhibitions using cinematographs.
The act provides for establishing the Central Board of Film Certification (CBFC) for certifying films for exhibition.
Such certifications may be subject to modifications/deletions.
The board may also refuse the exhibition of films.
Key provisions of the Act:
Age-Based Certification: The Act introduces three age-based certifications under the ‘UA’ category —’ UA 7+’, ‘UA 13+’ and ‘UA 16+’.
These age-based markers are meant for parents or guardians to consider whether their children should view such a film.
These are only recommendatory.
Separate certificate for television/other media.
Films with an ‘A’ or ‘S’ certificate will require a separate certificate for exhibition on television, or any other media prescribed by the central government.
Certificates validity: Certificates will be perpetually valid as opposed to the present validity of 10 years.
Revisional powers of central government:
The Act omits section 6(1) of the Act as directed by the Supreme Court in Union of India vs KM Shankarappa Case, 2000 which states that the Centre cannot exercise revisional powers on films already certified by the CBFC.
Makes film piracy a punishable offence
The Act prohibits the unauthorized recording and unauthorized exhibition of films and makes it a punishable offense under the provisions of the Copyright Act,
1957.
Penalty :
Categorises piracy as a criminal offense, imposing penalties of up to three years in prison, a fine amounting to five percent of the film's production cost, or both.

OTT REGULATION IN INDIA: (05:48:00 PM)

Which of the following is correct in the context of OTT regulations in India
1. They have been made under the provisions of the recently enacted Telecommunications Act, 2023
2. OTT platforms must remove access to prohibited content under the rules within 24 hours of receiving the complaint.
3. The first tier of regulation under these rules is carried out by a regulatory body of the publishers
1. Only one b. Only two
c. Only three d. None of the above.
Answer: 1. Only one (Only the 2nd statement is correct).
The current mechanism for OTT regulation in India:
Existing Laws: Certain laws such as the Information Technology Act 2000, Indian Penal Code 1860, and Indecent Representation of Women (Prohibition) Act 1986 have been made applicable to the content generated on OTT Platforms.
Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 under section 87 (2) of the Information Technology Act, 2000.
Its key provisions include:
Rules gave the Ministry of Information and Broadcasting (I&B) the task of regulating content on OTT and online platforms.
Code of Ethics for online news, OTT platforms, and digital media:
This Code of Ethics prescribes the guidelines to be followed by OTT platforms and online news and digital media entities.
Self-Classification of Content: OTT platforms would self-classify the content into five age-based categories.
U (Universal) U/A 7+ U/A 13+ U/A 16+ A (Adult).
Parental locks: Platforms would be required to implement parental locks for content classified as U/A 13+ or higher, and reliable age verification mechanisms for content classified as “A”.
Co-Regulation Approach: India’s approach to OTT regulation can be termed as a light-touch ‘co-regulation’ model where there is ‘self-regulation’ at the industry level and a final ‘oversight mechanism’ at the Ministry level.

DIGITAL PERSONAL DATA PROTECTION ACT 2023: (06:01:00 PM)

The President of India recently granted assent to the Digital Personal Data Protection Bill (DPDP), 2023.
Background:
In 2018, the Supreme Court recognized privacy as a fundamental right in the K.S. Puttaswamy vs. Union of India case.
Following this, the Justice Srikrishna Committee proposed the initial draft of the Personal Data Protection (PDP) Bill in 2018.
Key Provisions of the Act:
Applicability:
Processing of digital personal data within India in digital form, non-digital form, and digitized subsequently, Processing of personal data outside India if it is for offering goods or services in India.
Does not apply to:
Personal data that is processed for any personal purpose.
Personal data that is made or caused to be made publicly available by:
Data Principal to whom such personal data relates; or
Any other person who is under legal obligation to make such personal data publicly available.
Consent:
Personal data may be processed only for a lawful purpose after obtaining consent of the Data Principal (who shall have the right to withdraw consent at any time).
Consent will not be required for ‘legitimate uses’ including the provision of benefits or services by the government, medical emergency, etc.
For a child or a person with a disability, consent will be provided by the parent or legal guardian.
Data Protection Board of India (DPBI):
Provides for the establishment of DPBI by the Central government.
Key functions of the Board:
Monitoring compliance and imposing penalties.
Directing data fiduciaries to take necessary measures in the event of a data breach.
Hearing grievances made by affected persons.
Board members will be appointed for two years and will be eligible for reappointment.
Appeals against its decisions will lie with the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
Obligations of Data Fiduciaries:
The Data Fiduciary (Entity determining the purpose and means of processing) must ensure the accuracy and completeness of data.
Build reasonable security safeguards to prevent a data breach.
Inform DPBI and affected persons in the event of a breach.
Erase personal data as soon as the purpose has been met and retention is not necessary for legal purposes.
Significant Data Fiduciaries (SDF):
Central Government may notify any Data Fiduciary as SDF, based on factors such as:
Volume and sensitivity of personal data processed.
Risk to the rights of data principal
Potential impact on the sovereignty and integrity of India
Security of the State
Risk to electoral democracy
Public order
SDF will have certain additional obligations including appointing a data protection officer and an independent data auditor and undertaking impact assessment.
Penalties:
The Act specifies penalties for various offenses such as up to Rs 200 crore for nonfulfilment of obligations for children, and Rs 250 crore for failure to take security measures to prevent data breaches.
Digital Services Act (DSA):
The European Union (EU) has confirmed the names of 19 platforms that will be subject to its online content rules under the Digital Services Act (DSA).
DSA is a first-of-a-kind regulatory toolbox globally and sets a benchmark for a regulatory approach to online intermediaries.
In 2020, DSA together with Digital Markets Act (DMA) proposed a comprehensive framework to ensure a safer, fairer digital space (will be applicable from 2024).
DSA affects gatekeeper platforms like Google, Amazon, and Meta, and covers the need for user consent before processing personal data for targeted advertising.

CRIMINAL LAW REFORM ACTS: (06:32:00 PM)

BHARATIYA NYAYA SANHITA 2023:
For the first time, community service is made one of the punishments for petty offenses.
Increased threshold for gang rape victims to be classified as a major, from 16 to 18 years of age.
criminalize sexual intercourse with a woman by deceitful means or making false promises.
It removes the offense of sedition, and instead penalizes the following:
Exciting or attempting to excite secession, armed rebellion, or subversive activities.
Encouraging feelings of separatist activities, or
Endangering the sovereignty or unity and integrity of India.
It defines organized crime as any continuing unlawful activity including kidnapping, extortion, contract killing, land grabbing, cybercrime, etc.
Murder or grievous hurt by a group:
On the grounds of race, caste or community, sex, place of birth, language, or personal belief each member of such group shall be punished with, death or life imprisonment, and a fine, in case of murder.
Imprisonment for a term of up to seven years, and a fine, in case of grievous hurt.
BHARATIYA NAGARIK SURAKSHA SANHITA 2023:
Detention of undertrials: First-time offenders who have completed one-third of the maximum period of imprisonment shall be released on bond.
If an accused has spent half of the maximum period of imprisonment specified for an offense, he shall be released by the Court on bail.
This does not apply to offenses punishable by death, life imprisonment, and persons against whom proceedings are pending in more than one offense.
Medical examination: Any police officer can request medical examination of the accused in certain cases, including rape cases.
Forensic investigation: Mandatory for offenses punishable with at least seven years of imprisonment.
Specimen: It empowers a Magistrate to order any person, to provide specimen signatures, handwriting, finger impressions, and voice samples.
Timelines for procedures: For instance, submission of medical reports to the investigating officer, giving judgment, informing the victim of the progress of the investigation, and framing of charges.
BHARATIYA SAKSHYA ADHINIYAM 2023:
Admissibility of electronic or digital records as evidence: will have the same legal effect as paper records.
Allowed Oral evidence: It includes statements made before Courts by witnesses in relation to a fact under inquiry. It allows oral evidence to be given electronically.
Joint trials: A joint trial refers to the trial of more than one person for the same offense.
The Act adds that a trial of multiple persons, where an accused has absconded or has not responded to an arrest warrant, will be treated as a joint trial.

REGISTRATION OF BIRTH AND DEATH (AMENDMENT) ACT, 2023: (06:47:00 PM)

Key features of the Birth and Death (Amendment) Act, 2023:
Database of births and deaths: It adds that the Registrar General of India will maintain a national database of registered births and deaths.
Chief Registrars and Registrars will be obligated to share data on registered births and deaths with the national database.
The Chief Registrar shall maintain a similar database at the state level.
Electronic certificates: Provide digital registration and electronic delivery of certificates of births and deaths.
Linking with Aadhaar: To collect Aadhaar numbers of parents and informants in case of birth registration.
Connecting database: It states that the national database may be made available to other authorities preparing or maintaining other databases like population registers, electoral rolls, ration cards, etc.
Appeal process: Any person aggrieved by any action or order of the Registrar or District Registrar may appeal to the District Registrar or Chief Registrar, respectively, within 30 days.

PRESS AND REGISTRATION OF PERIODICALS ACT, 2023: (06:50:00 PM)

The President has granted assent to the Press and Registration of Periodicals Bill, 2023 repealing the colonial era law of the Press and Registration of Books Act, 1867.
Key provisions Press and Registration of Periodicals Act, 2023 Registration of Periodicals:
Periodicals do not include books or scientific and academic journals.
Books are outside the purview of the act.
Foreign periodicals - A facsimile* of a foreign periodical may be printed in India only with the prior approval of the central government.
“facsimile” means an exact reproduction of the original.
Declaration for printing press.
It allows the publisher of a periodical to obtain a registration certificate by filing an online application with the Press Registrar General (PRG) and specified local authority.
Registration of a printing press.
The PRP act, 2023 allows for information regarding printing presses to be submitted through an online portal.
Penalties:
The 2023 Act seeks to decriminalize the colonial-era statute by replacing jail terms with fines.
Canceling Registration:
The PRP Act 2023 empowers the Press Registrar General to suspend/cancel the Certificate of Registration.
Also, a person who has been convicted of a terrorist act or unlawful activity or has acted against the security of the State will not be allowed to publish a periodical.

TELECOMMUNICATIONS ACT 2023: (06:55:00 PM)

The President gave his assent to Telecom Bill 2023, to replace the 138-year-old Indian Telegraph Act.
Provisions:
Assignment of spectrum.
Spectrum allocation will be through auction and for specified uses on an administrative basis.
Specified purposes include:
National Security and Defense, Disaster Management, Weather Forecasting, Transport, Satellite Services.
For the first time, administrative allocation will be done of spectrum for the satellite broadband services, in line with global norms.
Powers of interception and search:
Messages can be intercepted, monitored, or blocked on certain grounds including Security of the state, public order, and prevention of incitement of
offenses.
Prior authorization from the central government is needed to provide, operate, maintain, or expand new telecommunication services and to possess radio equipment.
Regulation of OTT: OTT platform will not be regulated under the Telecommunications Act 2023.
Digital Bharat Nidhi:
The Bill renames the Universal Service Obligation fund as Digital Bharat Nidhi and allows its use for research and development in the telecom sector.
Trusted sources regime: This came into being after the 2020 Indo–Chinese border skirmishes, to stop imports of telecom equipment from hostile nations is now part of the law.

TOPICS FOR THE NEXT CLASS: Remaining topics of the Polity PT-365.