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DELHI AIR POLLUTION | DELHI AIR QUALITY | TIMETEA | SHIELD IAS
12:42
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DELHI AIR POLLUTION | DELHI AIR QUALITY | TIMETEA | SHIELD IAS

DELHI AIR POLLUTION DELHI AIR QUALITY The results are catastrophic when one tampers with nature and systems built over centuries of traditional wisdom. During the last few years, pollution in Delhi and north India has caused the most alarming public health crisis impacting over 30 crore Indians. India is one of the most polluted countries in the world and among the capital cities, Delhi is probably one of the most polluted cities. Indian cities feature largely in the top 50 polluted cities of the world according to many parameters. The problem, however, is particularly severe in the capital Delhi and its adjoining areas, commonly called Delhi – NCR. The Environment Performance Index 2020 gives India a global ranking of 169. Air pollution (both indoors and outdoors) is the second-most serious risk factor for public health in the country (the first being malnutrition) and it contributes to an estimated 2.5 million deaths annually. Causes of Air Pollution in Delhi Air pollution is the introduction into the atmosphere of chemicals, particulates, or biological materials that cause discomfort, disease, or death to humans, damage other living organisms, damage the natural and the built environment. The most important causes of air pollution in Delhi and adjoining areas are as follows: 1. Increasing population and related developmental activities at the cost of environmental damage. 2. The development of the region has largely been unplanned and often, industrial units that spew harmful chemicals into the atmosphere are located in residential and commercial areas and not designated areas. 3. Increased vehicular traffic (which has not come down despite the Delhi metro) and the consequent rise in air and noise pollution. 4. Almost 8,000 m tonnes of solid waste is being generated in Delhi (National Environmental Engineering Research Institute) every day, however, the authorities manage to clear only about 5000 – 5500 m tonnes of waste daily. This adds to the garbage piling up. This is not counting the hazardous and non-hazardous waste from industries. Problems Caused by Air Pollution Air pollution severely affects human health. It is found to cause low birth weight in children, tuberculosis, asthma, ischemic heart disease, nasopharyngeal and laryngeal cancers, cataracts, etc. According to some research, air pollution can also impair cognitive development. Air pollution is associated with infections & diseases that kill around 600,000 children under five years of age every year. Several studies reveal a higher prevalence of symptoms of chronic bronchitis in areas with higher particulate air pollution. Nearly 2.5 million people die worldwide each year from the effects of outdoor or indoor air pollution. (National Geographic) Steps Taken to Control Delhi’s Air Pollution Various steps have been taken by the government (central and state governments) to tackle the menace of air pollution in Delhi-NCR. Some of the measures are given below. • In October 2020, the Supreme Court-appointed a one-man committee, Justice Lokur Committee, to monitor and curb the occurrences of stubble burning in Punjab, Haryana and Uttar Pradesh. Read more about this committee in CNA dated Oct 17, 2020. • Construction & demolition (C&D) waste management rules have been notified which mandate the segregation of C&D waste into various categories for safe disposal and further processing. • Red Light On, Gaadi Off campaign was an initiative by the Delhi Government that ran in Oct-Nov 2020 under which commuters driving vehicles were urged to switch off their vehicle engines while waiting for the green light at traffic lights. • The Odd-even rule was introduced by the Delhi Government according to which vehicles with odd and even registration numbers would ply on the road on alternate days. This was particularly aimed at reducing smog in the region. • The state government of Delhi also introduced a policy to preserve and plant trees in a bid to increase the green cover and have carbon sinks. • Anti-smog guns and smog towers are installed and used in the city. • Prevention of stubble burning is a key component of reducing air pollution in the Delhi NCR area. • The subsidy is provided to the farmers for procuring the Turbo Happy Seeder, which is a machine fitted on tractors that can cut and uproot stubble and eliminates the need to burn stubble. • The ICAR has also come up with the PUSA Decomposer, which is a capsule that can be used to make a spray which when sprayed on crop residue hastens its decomposition. • Mass Rapid Transport System (MRTS) is being built as a means to provide citizens with non-polluting alternative sources of transportation. • The adoption of the Bharat Stage VI norms and the big push being given to electric vehicles steps in the right direction in curbing vehicular pollution.
GLOBAL MULTIDIMENSIONAL POVERTY INDEX | TIMETEA | SHIELD IAS
05:06
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GLOBAL MULTIDIMENSIONAL POVERTY INDEX | TIMETEA | SHIELD IAS

#timetea Global Multidimensional Poverty Index- What is Global Multidimensional Poverty Index? The Global MPI stands for Multidimensional Poverty Index that is released by Oxford Poverty and Human Development Initiative (OPHI). The global Multidimensional Poverty Index (MPI) is an international measure of acute multidimensional poverty covering over 100 developing countries. It complements traditional monetary poverty measures by capturing the acute deprivations in health, education, and living standards that a person faces simultaneously. Who publishes Global Multidimensional Poverty Index? The idea behind this index is to measure acute multidimensional poverty across developing countries using various indicators. It was developed by OPHI with the United Nations Development Programme (UNDP) in 2010. It is a part of UNDP’s Human Development Report (HDR) and is released annually How is Global Multidimensional Poverty Index calculated? The MPI assesses poverty at the individual level. If a person is deprived in a third or more of ten (weighted) indicators, the global MPI identifies them as ‘MPI poor’. The extent – or intensity – of their poverty is also measured through the percentage of deprivations they are experiencing. The global MPI shows who is poor and how they are poor and can be used to create a comprehensive picture of people living in poverty. It permits comparisons both across countries and world regions, and within countries by ethnic group, urban/rural area, subnational region, and age group, as well as other key household and community characteristics. For each group and for countries as a whole, the composition of MPI by each of the 10 indicators shows how people are poor. This makes the MPI and its linked information platform invaluable as an analytical tool to identify the most vulnerable people – the poorest among the poor, revealing poverty patterns within countries and over time, enabling policy makers to target resources and design policies more effectively. The global MPI was developed by OPHI with the UN Development Programme (UNDP) for inclusion in UNDP’s flagship Human Development Report in 2010. It has been published annually by OPHI and in the HDRs ever since. Global MPI 2022 The global Multidimensional Poverty Index 2022 compares acute multidimensional poverty for 111 countries in developing regions. These countries are home to 6.1 billion people, three-quarters of the world’s population. Of these people, 1.2 billion (19.1%) are identified by the 2022 global MPI as multidimensionally poor. The 2022 global MPI shows both who is poor – in terms of their age group, subnational region, and whether they live in an urban or rural area – and how they are poor – which overlapping deprivations they face and how many deprivations they have. This year’s report, Global Multidimensional Poverty Index 2022: Unpacking deprivation bundles to reduce multidimensional poverty, produced in partnership with the United Nations Development Programme Human Development Report Office (UNDP HDRO), examines interlinkages, or the simultaneous interlinked deprivations which multidimensionally poor people face around the world. The report presents for the first time in-depth analysis of the possible combinations – or bundles – of deprivations across the ten indicators measured in the global MPI. The analysis investigates which interlinked deprivations are most frequent and where, and how they can be addressed with multisectoral approaches to poverty reduction. Key Takeaways • Sustainable Development Goal target 1.2 is to reduce at least by half the proportion of men, women and children of all ages living in poverty in all its dimensions according to national definitions by 2030, and India’s progress shows that this goal is feasible, even at a large scale. • Rural areas account for nearly 90 percent of poor people: 205 million of the nearly 229 million poor people live in rural areas —making them a clear priority • Among poor people, deprivations in cooking fuel and housing are the most common, followed by nutrition and sanitation. • More than one in five children are poor (21.8 percent) compared with around one in seven adults (13.9 percent). India’s performance in Global MPI 2022 • 415 million people exited poverty between 2005/06 and 2019/21 out of which 140 million did so between 2015/2016 and 2019/2021. • India is the only country in South Asia in which poverty is significantly more prevalent among female-headed households than among male-headed households. Join us on- FACEBOOK: https://www.facebook.com/shieldias INSTAGRAM: https://www.instagram.com/shieldias/ Contact:- Inquiry: 011-46512150, 7037272363 WhatsAap: 7303692587 Log on to: http://www.shieldias.in Join Shield IAS Official Telegram Channel: https://t.me/SHIELDIAS
WHAT IS INTERPOL | TIMETEA | SHIELD IAS
04:46
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WHAT IS INTERPOL | TIMETEA | SHIELD IAS

What is Interpol? The full form of Interpol is International Criminal Police Organisation (INTERPOL). It is an international organization that facilitates worldwide police cooperation and crime control. It has 195 member countries and it helps police in all of them to work together to make the world a safer place. It is headquartered in Lyon, France. Why was Interpol formed? Established in 1923, it enables cross-border police cooperation and supports and assists all organisations, authorities and services whose mission is to prevent or combat international crime. Interpol has an objective to facilitate international police cooperation even where diplomatic relations are not present between certain countries. Action is taken within the limits of existing laws in different countries and in the spirit of the Universal Declaration of Human Rights. Interpol’s constitution prohibits ‘any intervention or activities of a political, military, religious or racial character.’ How does Interpol work? In each country, an INTERPOL National Central Bureau (NCB) provides the central point of contact for the General Secretariat and other NCBs. An NCB is run by national police officials and usually sits in the government ministry responsible for policing. The Central Bureau of Investigation (CBI) is designated as the National Central Bureau of India. What does Interpol do? The General Secretariat provides a range of expertise and services to our member countries. They manage 19 police databases with information on crimes and criminals (from names and fingerprints to stolen passports), accessible in real-time to countries. They offer investigative support such as forensics, analysis, and assistance in locating fugitives around the world. Training is an important part of what they do in many areas so that officials know how to work efficiently with our services. This expertise supports national efforts in combating crimes across three global areas considered the most pressing today; terrorism, cybercrime and organized crime. Officials working in each specialized crime area run a variety of different activities alongside member countries. This can be investigative support, field operations, training and networking. Importantly, since crimes evolve, they keep an eye on the future through research and development in international crime and trends. What is Interpol’s red notice? INTERPOL Notices are international requests for cooperation or alerts allowing police in member countries to share critical crime-related information. Notices are published by the General Secretariat at the request of a National Central Bureau and are made available to all our member countries. Notices can also be issued at the request of International Criminal Tribunals and the International Criminal Court to seek persons wanted for committing crimes within their jurisdiction, notably genocide, war crimes, and crimes against humanity. They can also be issued at the request of the United Nations in relation to the implementation of sanctions imposed by the Security Council. Most Notices are for police use only and are not available to the public. Red Notice: To seek the location and arrest of persons wanted for prosecution or to serve a sentence. Yellow Notice: To help locate missing persons, often minors, or to help identify persons who are unable to identify themselves. Blue Notice: To collect additional information about a person’s identity, location or activities in relation to a criminal investigation. Black Notice: To seek information on unidentified bodies. Green Notice: To provide warning about a person’s criminal activities, where the person is considered to be a possible threat to public safety. Orange Notice: To warn of an event, a person, an object or a process representing a serious and imminent threat to public safety. Purple Notice: To seek or provide information on modus operandi, objects, devices and concealment methods used by criminals. INTERPOL–United Nations Security Council Special Notice: Issued for entities and individuals who are the targets of UN Security Council Sanctions Committees What are Interpol’s Future Challenges? The rising spectre of transnational, cyber and organised crime requires a globally coordinated law enforcement response. Interpol has a legacy of trust and reliability. It needs to acquire powers of sanction against a country which refuses to cooperate in implementing a red notice. What is INTERPOL General Assembly? The General Assembly is INTERPOL’s supreme governing body, comprising representatives from each of our member countries. It meets once a year and each session lasts around four days. The 90th INTERPOL General Assembly in New Delhi, India (18 – 21 October) will bring together chiefs of police and senior officials from around the world to address global security issues.
APPOINTMENT OF SUPREME COURT JUDGES | TIMETEA | SHIELD IAS
05:01
Shield IAS

APPOINTMENT OF SUPREME COURT JUDGES | TIMETEA | SHIELD IAS

APPOINTMENT OF SUPREME COURT JUDGES What is a Collegium System? It is the system of appointment and transfer of judges that has evolved through judgments of the Supreme Court (SC), and not by an Act of Parliament or by a provision of the Constitution. Constitutional provision related to Appointment of Supreme Court Judges Article 124- Establishment and constitution of Supreme Court. (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years Composition of the Collegium system • A Supreme Court collegium comprises four senior-most judges of the Supreme Court and it is headed by the Chief Justice of India. • A High Court collegium comprises four senior-most judges and is headed by the Chief Justice of that High Court. Procedure for appointing Supreme Court judges • The Chief Justice of India (CJI) initiates the process of appointment of Supreme Court judges. The CJI deliberates with the collegium of the Supreme Court and also consults with the senior judges of the court to which the recommended member belongs. • When it comes to the appointment of Chief Justices, there is a policy that a Chief Justice be appointed from outside of his or her respective state. Evolution of the collegium system The formation of the collegium system owes its origin to the three landmark cases often referred to as the “three judges case.” S.P. Gupta v. Union of India, (1981) Prior to the landmark case (First Judges Case), judges were appointed by the President of India but he needed to consult with the Chief Justice of India and other judges. This case empowered the executive in the judges’ appointment process. Supreme Court Advocates-on-Record Association v. Union of India, (1993) A nine-judge bench was created for the landmark case (Second Judges Case) and in this case, the bench went the other way round and they reversed their decision of the ‘First Judges Case.’ The judgement stated that the Chief Justice of India should be given the primary role in the appointment process of judges. 99th Amendment This led to the 99th Constitutional Amendment Act, 2014 the National Judicial Commission Act (NJAC) to replace the collegium system for the appointment of judges. National Judicial Appointment Commission Act, 2014 The 1993 judgment was the basis on which a five-judge Constitution Bench declared the National Judicial Appointments Commission Act (NJAC) and the Constitutional (Ninety-Nine Amendment) Act, 2014 unconstitutional in October 2015. Who Heads the Collegium System? The SC collegium is headed by the CJI (Chief Justice of India) and comprises four other senior most judges of the court. Judges of the higher judiciary are appointed only through the collegium system and the government has a role only after names have been decided by the collegium. What was the National Judicial Appointment Commission (NJAC) ? The National Judicial Appointment Commission (NJAC) was a body which was proposed to make appointments of Chief Justices, Supreme Court judges, and High Court judges in a more transparent manner as compared to the existing collegium system and to replace the collegium system. Composition of the National Judicial Appointment Commission (NJAC) • The Chief Justice of India would be the Chairman of the NJAC • Two senior-most judges of the Supreme Court • The Law and Justice Minister Why was the NJAC Act struck down? The five-judge bench comprising Justice Madan Lokur, Justice J.S. Khehar, Justice Adarsh Kumar Goel, Justice Kurian Joseph, and Justice Jasti Chelameshwar struck down the NJAC Act along with the 99th Constitutional Amendment Act in a 4:1 ratio. Issues with the current collegium system NJAC was struck down citing it to be unconstitutional and void, but that does not mean that the existing system is flawless. Even while striking down NJAC, the bench held that the system of “judges appointing judges” is not accurate and needs to be reconsidered. It has been 29 years since the establishment of the collegium system and a better alternative is yet to be found. Conclusion It is a sad state that an important pillar of democracy is crumbling owing to a lack of system in the process of judicial appointment. Proactiveness has been missing in resolving the issue since the collegium system came way back in 1993 and ever since it has been questioned even though it has been almost 8 years since the introduction of the NJAC Act.
PREAMBLE TO THE INDIAN CONSTITUTION | TIMETEA | SHIELD IAS
04:39
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PREAMBLE TO THE INDIAN CONSTITUTION | TIMETEA | SHIELD IAS

PREAMBLE TO THE INDIAN CONSTITUTION What is a Preamble? A preamble is an introductory statement in a document that explains the document’s philosophy and objectives. In a Constitution, it presents the intention of its framers, the history behind its creation, and the core values and principles of the nation. The preamble basically gives idea of the following things/objects: • Source of the Constitution • Nature of Indian State • Statement of its objectives • Date of its adoption History of the Preamble to Indian Constitution The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947. Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts as an aid during the interpretation of Articles when language is found ambiguous. Significance of Preamble to the Constitution Sovereign – The Preamble proclaims that India is a Sovereign State. ‘Sovereign’ means that India has its own independent authority and it is not a dominion or dependent state of any other external power. The Legislature of India has the powers to enact laws in the country subject to certain limitations imposed by the Constitution. Socialist –The term “Socialist” was added to the Preamble by the 42nd Constitutional Amendment in 1976. India has adopted ‘Democratic Socialism’ which means the achievement of socialist ends through democratic means. Secular – The term secular in the Constitution of India means that all the religions in India get equal respect, protection, and support from the state. The Indian concept of Secularism is positive secularism as compared to negative secularism in the West (State is strictly divorced from religion). The word ‘Secular’ was incorporated in the Preamble by the 42nd Constitutional Amendment in 1976. Democratic – The term Democratic indicates that the Constitution has established a form of government that gets its authority from the will of the people expressed in an election. That means the supreme power lies with the people. It calls into activity the intelligence and character of ordinary men and women. Republic – In a republic, the Head of the state is elected by people directly or indirectly. Political sovereignty is vested in the people rather than a monarch as in the case of Britain (Britain is a democracy but not a republic, it is a constitutional monarchy). Is the Preamble a part of the Indian Constitution Interpretation by the Supreme Court: 1. Berubari Union case, 1960 – The Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution. 2. Kesavananda Bharati case, 1973 – Supreme Court rejected the earlier opinion (in the Berubari Case) and held that the Preamble is a part of the Constitution. 3. LIC vs. Union of India Case, 1995 – The Supreme Court again held that the Preamble is an integral part of the Constitution but it is not directly enforceable in court of justice. Amendment to the Preamble The 42nd Amendment to the Constitution – amended the Preamble and changed the following: 1) Description of India from “sovereign democratic republic” to a “sovereign, socialist secular democratic republic” 2) Changed the words “unity of the nation” to “unity and integrity of the nation” What are the beginning words in the Preamble to the Constitution of India? The preamble begins with the words “We the people of India…” thus clearly indicating the source of all authority of the constitution. Preamble of India – Objective Resolution In 1946, Objective Resolution was moved by Jawaharlal Nehru, describing the constitutional structure. In 1947 (22nd January) it was adopted. It shaped the Constitution of India and its modified version is reflected in the Preamble of the Indian Constitution. The basic tenets that the objective resolution highlighted were: • Constituent Assembly’s resolve to see India as independent, sovereign and republic • To draw a Constitution for India • To make all territories of the pre-independent India into united states of post-independent India • To realize residual powers, autonomy on such states as the Constitution of India reflects Who was the Calligrapher of the Indian Constitution ? Prem Behari Narain Raizada (1901–1966) was the calligrapher who hand-wrote the Constitution of India. Who was the chief artist behind the illustration of the original Indian Constitution ? Nandalal Bose took up the historic task of beautifying/decorating the original manuscript of the Constitution of India. He was assisted by his disciple Beohar Rammanohar Sinha. Who designed and decorated the Preamble page of the Indian Constitution ? The preamble page, along with other pages of the original Constitution of India, was designed and decorated solely by renowned painter Beohar Rammanohar Sinha of Jabalpur.
CITIZENSHIP (AMENDMENT) ACT, 2019 | TIMETEA | SHIELD IAS
05:16
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CITIZENSHIP (AMENDMENT) ACT, 2019 | TIMETEA | SHIELD IAS

CITIZENSHIP (AMENDMENT) ACT, 2019 What is the CAA? The Act seeks to amend the definition of illegal immigrant for Hindu, Sikh, Parsi, Buddhist and Christian immigrants from Pakistan, Afghanistan and Bangladesh, who have lived in India without documentation. Who makes the cut? The legislation applies to those who were “forced or compelled to seek shelter in India due to persecution on the ground of religion”. It aims to protect such people from proceedings of illegal migration. The cut-off date for citizenship is December 31, 2014 which means the applicant should have entered India on or before that date. What is Centre's logic behind the bill? Centre says these minority groups have come escaping persecution in Muslim-majority nations. However, the logic is not consistent – the bill does not protect all religious minorities, nor does it apply to all neighbours. The Ahmedia Muslim sect and even Shias face discrimination in Pakistan. Rohingya Muslims and Hindus face persecution in neighbouring Burma, and Hindu and Christian Tamils in neighbouring Sri Lanka. The government responds that Muslims can seek refuge in Islamic nations, but has not answered the other questions. Criticism 1. It is against Muslims The fundamental criticism of the Act has been that it specifically targets Muslims. Thus, the religious basis of citizenship not only violates the principles of secularism but also of liberalism, equality, and justice. It fails to allow Shia, Balochi, and Ahmadiyya Muslims in Pakistan and Hazaras in Afghanistan who also face persecution, to apply for citizenship. A key argument by the critics against the CAA is that it will not extend to those persecuted in Myanmar and Sri Lanka, from where Rohingya Muslims and Tamils are staying in the country as refugees. 2. It violates Article 14 Critics argue that it is violative of Article 14 of the Constitution, which guarantees the right to equality. The CAA is in the teeth of Article 14, which not only demands reasonable classification and a rational and just object to be achieved for any classification to be valid but additionally requires every such classification to be non-arbitrary. One of the criticisms is that this Act is an instance of class legislation, as classification on the ground of religion is not permissible. 3. Why North East is objecting to CAA? In the Northeastern states, the prospect of citizenship for massive numbers of illegal Bangladeshi migrants has triggered deep anxieties, including fears of demographic change, loss of livelihood opportunities, and erosion of the indigenous culture. The Act appears to violate the Assam Accord, both in letter and spirit. 4. Other issues surrounding CAA CAA does not consider Jews and atheists. They have been left out of the Act. The basis of clubbing Afghanistan, Pakistan, and Bangladesh together and thereby excluding other (neighbouring) countries is unclear. A common history is not ground as Afghanistan was never a part of British India and was always a separate country. 5. Focus only on religious persecution: On the classification of individuals, the Act provides benefits to sufferers of only one kind of persecution, i.e. religious persecution neglecting others. 1. It is not against Muslims The Ahmediyas and Rohingyas can still seek Indian citizenship through naturalization (if they enter with valid travel documents). In any case, since India follows the principle of non-refoulment (even without acceding to the Refugee Convention 1951), they would not be pushed back. 2. The Act is not a violation of Article 14 3. Sovereign space To begin with, the justiciability of citizenship or laws that regulate the entry of foreigners is often treated as a ‘sovereign space’ where the courts are reluctant to intervene. 4. With respect to North East Citizenship Amendment Act does not dilute the sanctity of the Assam Accord as far as the cut-off date of March 24, 1971, stipulated for the detection/deportation of illegal immigrants is concerned. Citizenship Amendment Act is not Assam-centric. It applies to the whole country. 5. Historical Connections The Act does not give a carte blanche to Hindus and Christians and Sikhs from other countries to come to India and get citizenship. Just these three countries. Why? Because each of these has been civilizational ties with India. Conclusion The parliament has unfractured powers to make laws for the country when it comes to Citizenship. But the opposition and other political parties allege this Act by the Government violates some of the basic features of the constitution like secularism and equality.
SEDITION LAW | TIMETEA | SHIELD IAS
06:30
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SEDITION LAW | TIMETEA | SHIELD IAS

SEDITION LAW What is the sedition law? Section 124A defines sedition as: “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government estab­lished by law shall be punished with im­prisonment for life, to which fine may be added…” The provision also contains three explanations: 1- The expression “disaffection” includes disloyalty and all feelings of enmity; 2- Comments expressing disapprobation of the meas­ures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section; 3- Comments expressing disapprobation of the admin­istrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section. History of the sedition law? Although Thomas Macaulay, who drafted the Indian Penal Code, had included the law on sedition, it was not added in the code enacted in 1860. Legal experts believe this omission was accidental. In 1890, sedition was included as an offence under section 124A IPC through the Special Act XVII. What are the Significance and Issues with the Sedition Law? Significance: 1. Reasonable Restrictions: The constitution of India prescribes reasonable restrictions (under Article 19(2)) that can always be imposed on this right (Freedom of Speech and Expression) in order to ensure its responsible exercise and to ensure that it is equally available to all citizens. 2. Maintaining Unity & Integrity: Sedition law helps the government in combating anti-national, secessionist and terrorist elements. 3. Maintaining Stability of State: It helps in protecting the elected government from attempts to overthrow the government with violence and illegal means. The continued existence of the government established by law is an essential condition of the stability of the State. Issues: 1. Relic of Colonial Era: Colonial administrators used sedition to lock up people who criticised the British policies. Stalwarts of the freedom movement such as Lokmanya Tilak, Mahatma Gandhi, Jawaharlal Nehru, Bhagat Singh, etc., were convicted for their “seditious” speeches, writings and activities under British rule. Thus, rampant use of the sedition law recalls the colonial era. 2. Stand of Constituent Assembly: The Constituent Assembly did not agree to include sedition in the Constitution. The members felt it would curtail freedom of speech and expression. They argued that the sedition law can be turned into a weapon to suppress people’s legitimate and constitutionally guaranteed right to protest. 3. Disregarding Supreme Court’s Judgement: Supreme Court in Kedar Nath Singh vs State of Bihar case 1962, limited application of sedition to “acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence”. Thus, invoking sedition charges against academicians, lawyers, socio-political activists and students is in disregard of the Supreme Court’s order. 4. Repressing Democratic Values: Increasingly, India is being described as an elected autocracy primarily because of the callous and calculated use of sedition law. Legal challenges to IPC Section 124A The Kedar Nath ruling on sedition A five-judge Constitution Bench overruled the earlier rulings of the high courts and upheld the constitutional validity of IPC Section 124A. However, the court attempted to restrict its scope for misuse. Sedition laws in other countries In the United Kingdom, the sedition law was officially repealed under Section 73 of the Coroners and Justice Act, 2009, citing a chilling effect on freedom of speech and expression. The common law on sedition, which is traced to the Statute of Westminster, 1275, when the King was considered the holder of Divine right, was termed “arcane” and “from a bygone era when freedom of expression wasn’t seen as the right it is today.”
CENTRAL BUREAU OF INVESTIGATION (CBI) | TIMETEA | SHIELD IAS
06:34
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CENTRAL BUREAU OF INVESTIGATION (CBI) | TIMETEA | SHIELD IAS

CENTRAL BUREAU OF INVESTIGATION (CBI) What is CBI? Central Bureau of Investigation (CBI) is the premier investigating police agency in India. It provides assistance to the Central Vigilance Commission and Lokpal. It functions under the superintendence of the Deptt. of Personnel, Ministry of Personnel, Pension & Public Grievances, Government of India - which falls under the prime minister’s office. Its conviction rate is as high as 65 to 70% and it is comparable to the best investigation agencies in the world. History of CBI During the early stages of World War II, the then Government of India realized that expanded expenditure connected with the war had increased corrupt practices among both officials and non-officials. How is the Director of CBI appointed? Director, CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organization. In 2014, the Lokpal Act provided a committee for the appointment of CBI Director: • Headed by Prime Minister • Other members – Leader of Opposition/ Leader of the single largest opposition party, Chief Justice of India/ a Supreme Court Judge. What Type of Cases are Handled by the CBI? Anti-Corruption Crimes - for investigation of cases under the Prevention of Corruption Act against Public officials and the employees of Central Government, Public Sector Undertakings, Corporations or Bodies owned or controlled by the Government of India. Economic Crimes - for investigation of major financial scams and serious economic frauds, including crimes relating to Fake Indian Currency Notes, Bank Frauds and Cyber Crime, bank frauds, Import Export & Foreign Exchange violations, large-scale smuggling of narcotics, antiques, cultural property and smuggling of other contraband items etc. Special Crimes - for investigation of serious and organized crime under the Indian Penal Code and other laws on the requests of State Governments or on the orders of the Supreme Court and High Courts - such as cases of terrorism, bomb blasts, kidnapping for ransom and crimes committed by the mafia/the underworld. What Challenges are Faced by the CBI? 1. Political Interference: The Supreme Court of India has criticised the CBI by calling it a "caged parrot speaking in its master's voice", due to excessive political interference in its functioning. It has often been used by the government of the day to cover up wrongdoing, keep coalition allies in line and political opponents at bay. 2. Delayed Investigations: It has been accused of enormous delays in concluding investigations - For example, the inertia in its probe against the high dignitaries in Jain hawala diaries case [of the 1990s]. 3. Loss of Credibility: Improving the image of the agency is one of the biggest challenges till now as the agency has been criticised for its mismanagement of several cases involving prominent politicians and mishandling of several sensitive cases like Bofors scandal, Hawala scandal, Sant Singh Chatwal case, Bhopal gas tragedy, 2008 Noida double murder case(Aarushi Talwar). 4. Lack of Accountability: CBI is exempted from the provisions of the Right to Information Act, thus, lacking public accountability. 5. Acute shortage of personnel: A major cause of the shortfall is the government's sheer mismanagement of CBI's workforce, through a system of inefficient, and inexplicably biased, recruitment policies - used to bring in favoured officers, possibly to the detriment of the organisation. 6. Limited Powers: The powers and jurisdiction of members of the CBI for investigation are subject to the consent of the State Govt., thus limiting the extent of investigation by CBI. What can be done to Ensure Better Functioning of the CBI? 1. Delink the CBI from the administrative control of the government - As long as the government of the day has the power to transfer and post officials of its choice in the CBI, the investigating agency will not enjoy autonomy and will be unable to investigate cases freely. 2. Providing statutory status through legislation equivalent to that provided to the Comptroller & Auditor General and the Election Commission wil help maintain the independence of the institution. 3. Twenty fourth report of Department related parliamentary standing committee on personnel, public grievances, law and justice on working of CBI recommended the following: 4. Strengthening human resources by increasing strength of CBI, 5. Better investments in infrastructural facilities, 6. Increased financial resource and administrative empowerment with accountability, 7. Give more Powers (related to Union, State and Concurrent list of the 7th schedule of Indian constitution), to the CBI, Separate enactment under – "Central Bureau of Intelligence and Investigation Act" and replace DSPE Act.
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