Summary

Polity Class 04

DOUBTS RESOLUTION: (05:06:00 PM)

LOKPAL: (05:40:00 PM)

In 1966, the term ‘Lokpal-Lokayukta’, coined by L. M. Singhvi, was first used in a report of the Administrative Reforms Commission.
Lokpal is a national anti-corruption ombudsman to look into complaints against public servants which are defined under the Lokpal and Lokayuktas Act, 2013.
According to the Act, there shall be a director of inquiry, not below the rank of joint secretary, who shall be appointed by the government to conduct preliminary inquiries referred to the Central Vigilance Commission (CVC) by the Lokpal.
Though Lokpal came into being in 2019, the director of inquiry has not yet been appointed.
Lokayuktas:
Lokayuktas are state equivalents of central Lokpal.
Some States already have established Lokayuktas. For example, Maharashtra in 1971, and Kerala in 1999.
They shall have jurisdiction over the CM, Ministers, MLAs, all state government employees, and certain private entities (including religious institutions).
Composition:
Lokpal consists of a chairperson and a maximum of eight members, of which 50% shall be judicial members and 50% shall be from SC/ST/OBCs, minorities, and women.
Timelines for inquiry investigation: 60 days for completion of inquiry and 6 months for completion of investigation by CBI.
This period of 6 months can be extended by Lokpal on a written request from CBI.
Removal:
Lokpal Members and Chairperson shall be removed by the President after an inquiry by SC.
For that, a petition has to be signed by at least 100 Members of Parliament (MP).

DELIMITATION COMMISSION: (05:51:00 PM)

Delimitation Commission:
Article 82: Parliament enacts a Delimitation Act.
It is responsible for the readjustment of the constituencies (number and boundaries) of Lok Sabha and State Assemblies after every Census.
Its decisions are considered final and are unchallengeable in any court.
The copies of its orders are laid before the House of the People and the State Legislative Assembly concerned, but no modifications are permissible therein by them.
Composition:
A SC judge (Current or retired) acts as Chairman.
The Chief Election Commissioner of India or an Election Commissioner nominated by him/her.
Respective State’s Election Commissioner.
Delimitations in India:
The Delimitation Commission has been set up four times since independence i.e. in 1952, 1963, 1973, and 2002.
In 1976, the 42nd Constitutional Amendment froze this delimitation exercise until the first Census after 2000 was published.
In 2002, the 84th Constitutional Amendment further extended the freeze for 25 years till 2026.

DIRECTORATE OF ENFORCEMENT: (05:58:00 PM)

Powers of the Directorate of Enforcement:
Power to seize assets.
Power to summon: Same power as a civil court regarding the discovery, inspection, production of evidence, summons, examining, issuing commissions, etc.
Power to arrest: Can investigate and make arrests for violation of the PMLA 2002 and FEMA 1999 without waiting for registration of a formal FIR by police.
Record Admissibility: In 2022, the Supreme Court ruled that statements recorded by ED officials can be admitted as evidence in court.
Recovery of Fines, Penalties, and Arrears of Penalties: Under the FEMA Act.

CENTRAL BUREAU OF INVESTIGATION (CBI): (06:01:00 PM)

CBI Investigations:
Anti-corruption: These are usually registered against public officials, and employees of union government.
The superintendence of CBI related to the investigation of offenses under the Prevention of Corruption Act, 1988 lies with CVC.
Special crimes: Investigation of serious and organized crime under IPC on requests of State Governments or orders of the Supreme Court and High Courts.
Economic offenses: Crimes of financial malfeasance, bank frauds, money laundering, black money operations, etc.
However, the CBI usually transfers cases of money laundering to the ED.
Suo-moto: CBI can suo-moto take up investigation of offenses only in the UTs.
The Centre holds the power to authorize the CBI to investigate a crime in the state only after the consent of the concerned state.
However, SC and High Courts can order the CBI to investigate a crime anywhere in the country without the consent of the state.
About General Consent:
It is required under section 6 of the Delhi Special Police Establishment Act, 1946.
The consent of the state government to CBI can be either general or case-specific.
General consent is consent by default- Recently multiple States have withdrawn General Consent like West Bengal, Mizoram, Punjab, etc.
Exception to general consent - The Supreme Court and High Courts can order CBI to investigate a crime anywhere in the country without the consent of the state.
Consent does not apply in cases where someone has been caught red-handed taking a bribe.
National Investigation Agency (NIA):
NIA conducted searches at various locations to locate those involved in the attack on the High Commission of India in London.
NIA was formed under the NIA Act 2008, in the aftermath of the 26/11 attacks.
It is a federal counter-terror agency that can take suo-motu cognizance of terrorist activity in any part of India.
NIA (Amendment) Act, 2019 empowered NIA to investigate scheduled offenses committed outside India, subject to international treaties and domestic laws of other countries.
The Act of 2019 also empowered the center to designate a sessions court as the special court for NIA trials.

MISSION KARMAYOGI: (06:18:00 PM)

Mission Karmayogi (National Programme for Civil Services Capacity Building) aims at building a future-ready civil service with the right attitude (innovative, professional, etc.), skills (technology enabled), and knowledge aligned to the vision of New India.
New features launched on the Mission Karmayogi platform:
My iGOT: Delivers targeted training courses for individual officers.
Blended Programs: Facilitate equitable access to training methodologies across all levels and integrate offline classroom courses with online learning components.
VIKAS (Variable & Immersive Karmayogi Advanced Support): A new blended learning program for the management of civil servants in the Central Secretariat.
Curated Programs: Cater to diverse learning needs of Ministries/Departments and Training Institutions.
12 domain-specific capacity-building e-learning courses have been developed.
Instructions have been issued regarding the acceptance of awards by Government servants from Private Bodies and Institutes, under Rule 14 of Central Civil Services (Conduct) Rules, 1964.
Central Civil Services (Conduct) Rules, 1964 govern the conduct of government employees in India.

RIGHT TO INFORMATION (RTI): (06:22:00 PM)

RTI means that any Indian citizen can request any information (which is supposed to be public knowledge) from offices and departments of state or central governments.
Nodal agency: Department of Personnel and Training (DoPT) under the Ministry of Personnel, Public Grievances and Pensions.
Exemptions under RTI Act 2005:
Section 24 of the RTI Act says that this law does not apply to the intelligence and security organizations specified in the Second Schedule.
However, information about allegations of corruption and human rights violations shall not be excluded.
The second Schedule includes, under its ambit institutions like RAW, IB, CERT-in, etc.
Other exemptions under RTI Act 2005 include:
Section 8(1): Lists all of the exemptions of the information.
Section 8(2): Information exempted under sub-section (1) and Official Secrets Act, 1923 can be disclosed if the public interest in disclosure outweighs the harm to the protected interest.

AADHAAR: (06:34:00 PM)

Constitutionality of Aadhaar Act (Justice K.S. Puttaswamy v UoI):
The Aadhaar Act was challenged before the apex court because it was passed as a money bill, thereby circumventing the upper house of Parliament.
In its K.S. Puttaswamy v UoI judgment (2018), the top court affirmed the constitutionality of the Aadhaar Act.
Key Observations:
Act was competently passed by Parliament, even though it was passed as a Money Bill.
The Act does not violate the fundamental rights guaranteed under Articles 14, 15, 19, and 21.
Aadhaar would be mandatory for accessing social welfare schemes, but it cannot be forced on people to open bank accounts or for mobile and internet connection.

REGULATION OF ONLINE GAMING: (06:36:00 PM)

The Ministry of Electronics and Information Technology (MeiTY) has amended the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules (IT Rules) 2021.
Role of Intermediaries: To make a reasonable effort to not host, publish, or share any online game that can cause the user harm, or that has not been verified as a permissible online game by an online gaming Self-Regulatory Body/Bodies (SRBs) designated by the Central Government.
The intermediary will also have to ensure that no advertisement surrogate advertisement or promotion of an online game that is not a permissible online game, is hosted on its platform.
Additional Obligations Intermediaries:
The displaying of a mark of verification by the self-regulatory body on such games;
Informing their users of the policy for withdrawal or refund of the deposit;
Obtaining the KYC details of the users; and
Not giving credit or enabling financing by third parties to the users.
Multiple SRBs: The MeiTY may notify multiple SRBs, for the purposes of verifying an Online game as a permissible one.
An SRB should fulfill the following criteria:
Company registered under Section 8 (Not-for-Profit entity) of the Companies Act 2013.
Representative of the online gaming industry, responsibly promoting online games.
Incorporates provisions related to grievance redressal, arm’s length principle, disclosure and reporting, and clear criteria for membership.
Authority of SRBs: The SRB may categorize any Game as a permissible game if it is satisfied that:
The online game does not involve wagering on any outcome,
The OGI and the game comply with the rules and the requirements under law for being competent to enter into a contract (currently at 18 years), and
The OGI and the game comply with the framework made by the SRB regarding safeguards.
Prohibition: Online games that involve any kind of gambling (including ads) will be prohibited.

CONSUMER PROTECTION IN INDIA: (06:45:00 PM)

Measures Taken for Consumer Protection in India:
Consumer Protection Act (CPA) 2019: It provides for the Central Consumer Protection Authority (CCPA)
Consumer Protection (Jurisdiction of District Commission, State Commission, and National Commission) Rules, 2021:
To provide simple, speedy, and inexpensive redressal of consumer disputes, CPA 2019 envisages 3-tier quasijudicial machinery at the National, State, and District levels.
ConfoNet Project: It stands for Computerization and Computer Networking of Consumer Fora in the country.
It was implemented against the backdrop of CPA, in 1986.
It aims to improve operational efficiency, coordination, accessibility, and speed in judicial administration and to set Information Communication Technology (ICT) infrastructure at Consumer Redressal commissions all over India.
Integrated Grievance Redress Mechanism (INGRAM) portal: It was developed under the aegis of the Department of Consumer Affairs to create awareness, advise, and redress consumer grievances and act as a central registry for lodging consumer grievances.
E-Daakhil Portal: It provides a hassle-free, speedy, and inexpensive facility for consumers around the country to conveniently approach the relevant consumer forum, dispensing the need to travel and be physically present.
Certification markers: To protect and sensitize consumers regarding quality standards.
Guidelines for the influencers, and celebrities:
Key Provisions for celebrities, influencers, and virtual influencers
Disclosure: All material connection (such as monetary or other compensation, free products) between the advertiser and the influencer.
It must be upfront and prominent so that it is not missed by an average consumer.
Terms including advertisement, sponsored, collaboration, and paid promotion can be used, which must be indicated as a hashtag or headline text.
Due Diligence: Endorsers are encouraged to conduct a thorough review and ensure they are in a position to substantiate the claims made in the advertisement.
They must use or experience a product or service before endorsement.
Influencers must refrain from making false, misleading, or exaggerated claims.
For Health Influencer:
Disclose Certification: Endorsers must disclose that they are certified health/fitness experts and medical practitioners.
Disclaimer: Endorsers must ensure that the audience understands that their endorsements should not be seen as a substitute for professional medical advice.
For influencers:
Registration: Can offer investment-related advice {with subjects like banking, financial services, and insurance (BFSI)} only after registering with the Securities and Exchange Board of India (SEBI).
Other financial influencers must also possess appropriate credentials, such as a license from the Insurance Regulatory and Development Authority of India (IRDAI).

FOREST RIGHTS) ACT, 2006: (06:54:00 PM)

It recognizes the rights of the forest-dwelling tribal communities (FDST) and other traditional forest dwellers (OTFD) to forest resources.
Types of Rights under Section 3 of the FRA Act:
Individual Forest Rights (IFR): Right to hold and live in the forest land under the individual or common occupation for habitation or self-cultivation for livelihood.
Community Forest Rights (CFR): Seeks to restore all customary and traditional rights of forest-dwelling communities.
It will be within the traditional or customary boundaries of the village, irrespective of the ownership, classification, and size of forests.
Community forest resource management rights:
Right of ownership, access to collect, use, and dispose of minor forest produce that has been traditionally collected within or outside village boundaries.
Nodal Agency for Implementation: State Governments/UT Administrations.
Role of Gram Sabha: It is the authority to initiate the process for determining the nature and extent of individual or community forest rights or both.
Land titles: The act recognizes the rights of an individual, any family, or community on the land however claim should not exceed more than four hectares.
The land title given under the FRA is legal.
Land Rights conferred by the Act were heritable (Section 4(4) of FRA), but not transferable or alienable.
Diversion of forest land for local development rights: Establishment of schools, dispensaries, hospitals, Anganwadi centers, etc.
Protected Areas: FRA is applicable in National Parks, Wildlife Sanctuaries, and Tiger Reserves.
Act is important to protect the right to intellectual property and traditional knowledge related to biodiversity and cultural diversity.

OTHER POINTS: (07:01:00 PM)

Panchayat Development Index (PDI):
Recently, it is released by the Union Ministry of Panchayati Raj.
It provides a matrix to monitor and evaluate the progress of panchayats through the scores achieved by them.
It ranks panchayats based on scores and categorizes them into four grades.
Grades include A (75 to 90%), B (60-75), C (40-60%) and D (under 40%).
Article 311(2)(c):
Recently, the Jammu & Kashmir government terminated four government employees under Article 311 (2)(c), for being a “threat to the security of the state”.
Article 311 (1):
It provides that no civil servant under Union or State shall be dismissed or removed by an authority subordinate to that by which he was appointed.
Article 311 (2):
It provides that no civil servant shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard.
Article 311 (2) (c):
It allows the government to terminate employees without ordering an inquiry or giving them an opportunity to explain their position if the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such an inquiry.
Other important topics to be read:
The 16th Finance Commission.
UAPA, 1967.
Post Office Amendment Bill.
Senior Advocate
EVM, VVPTA, Postal Ballots.
Borrowings by the States.
Section 6A of the Citizenship Act.
Electoral Trusts, Electoral Bonds, financing of political parties.
Surrogacy Laws.
Sports Governance
Bharat Ratna and Padma Awards
CCPA, CAG,
Citizenship and OCI
Interim Budget,
Article 356,
Same-Sex marriage.
Uniform Civil Code.
Artificial intelligence, Deep fakes, etc., and their regulation.

DOUBTS RESOLUTION: (07:13:00 PM ONWARDS)

THE PT-365 FOR POLITY IS COMPLETED IN THIS BATCH.